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From: Rick Harwell <wharwel_at_CLEMSON.EDU>
subject: [Paddlewise] PFD Required??
Date: Wed, 01 Mar 2000 11:53:04 -0500
I hate to open a can of worms , but I guess I am ready to let them crawl 
out.  We are having discussions in our sea kayak club about do we or do we 
not REQUIRE trip participants on organized club trips to wear a PFD while 
on the water?  Currently we do not require this.  Folks show up for a trip, 
sign a waiver, and depending on conditions, may or may not wear a PFD.  We 
at no time discourage the use of a PFD but we also do not require one to be 
worn.  We have a trip leader, who is of course an unpaid volunteer. Club 
members and their guests do not pay a fee for trips, unless there are 
lodging/camping fees involved.  Many in the club feel this is an 
individual's choice, but what about liability issues?  What is your club's 
policy regarding this issue?
Thanks in advance for your help in this matter!
Rick Harwell, Executive Director
Leisure Skills Program & S. C. Rural Recreation Project
President, Association of Outdoor Recreation & Education
Clemson University Box 340735
263 Lehotsky Hall
Clemson, SC  29634-0735  USA
864.656.2231 - voice
864.656.2226 - fax
wharwel_at_clemson.edu - email
www.hehd.clemson.edu/prtm/ruralre.htm
www.aore.org


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From: Mark Zen <canoeist_at_netbox.com>
subject: Re: [Paddlewise] PFD Required??
Date: Wed, 1 Mar 2000 10:54:06 -0700 (MST)
check on laws as well... in colorado you have to have a PFD "readily
accessable" while on "flatwater/lakes" and it MUST be worn on moving
water....

mark

On Wed, 1 Mar 2000, Rick Harwell wrote:

> Date: Wed, 01 Mar 2000 11:53:04 -0500
> From: Rick Harwell <wharwel_at_CLEMSON.EDU>
> To: paddlewise_at_lists.intelenet.net
> Subject: [Paddlewise] PFD Required??
> 
> 
> I hate to open a can of worms , but I guess I am ready to let them crawl 
> out.  We are having discussions in our sea kayak club about do we or do we 
> not REQUIRE trip participants on organized club trips to wear a PFD while 
> on the water?  Currently we do not require this.  Folks show up for a trip, 
> sign a waiver, and depending on conditions, may or may not wear a PFD.  We 
> at no time discourage the use of a PFD but we also do not require one to be 
> worn.  We have a trip leader, who is of course an unpaid volunteer. Club 
> members and their guests do not pay a fee for trips, unless there are 
> lodging/camping fees involved.  Many in the club feel this is an 
> individual's choice, but what about liability issues?  What is your club's 
> policy regarding this issue?
> Thanks in advance for your help in this matter!
> Rick Harwell, Executive Director
> Leisure Skills Program & S. C. Rural Recreation Project
> President, Association of Outdoor Recreation & Education
> Clemson University Box 340735
> 263 Lehotsky Hall
> Clemson, SC  29634-0735  USA
> 864.656.2231 - voice
> 864.656.2226 - fax
> wharwel_at_clemson.edu - email
> www.hehd.clemson.edu/prtm/ruralre.htm
> www.aore.org
> 
> 
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> 

-- 
#------canoeist[at]netbox[dot]com------------------------------------
#
mark zen                      o,    o__              o_/|   o_.
po box 474                   </     [\/              [\_|   [\_\
ft. lupton, co 80621-0474 (`-/-------/----')      (`----|-------\-')
#~~~~~~~~~~~~~~~~~~~~~~~~~~~_at_~~~~~~~_at_~~~~~~~~~~~~~~~~~~~_at_~~~~~~~~_at_~~~~~
http://www.jacknjillz.com/paddler  [index to club websites i administer]

Rocky Mtn Sea Kayak Club, Colorado River Flows, Poudre Paddlers
The Colorado Paddlers' Resource, Rocky Mtn Canoe Club Trip Page 
--
Fortune:
A smooth sea never made a skillful mariner.
- English Proverb

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From: <LedJube_at_aol.com>
subject: Re: [Paddlewise] PFD Required??
Date: Wed, 1 Mar 2000 13:34:30 EST
An interesting dilema......

IMHO:

    Trip leaders and club leadership should always wear PFD's except in the 
most benign conditions. They should do this as an example and should not 
required it to be a "club rule". All guests should be required to wear a PFD, 
period. All should be required to wear a PFD on moving water as well......
    I live in NH where we have a "no helmet" law for motorcyclists and even 
though I choose to wear a helmet virtually all of the time, I would fight 
tooth and nail against a required helmet law. Likewise, there are times when 
I choose to stow the PFD, but only during the calmest of conditions...it like 
wearing a watch all the time, after a while you feel nekid without it.

Jed (feelin a little nekid, maybe I can just wear it around the house for a 
while....)
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From: Bob Denton <BDenton_at_aquagulf.com>
subject: RE: [Paddlewise] PFD Required??
Date: Wed, 1 Mar 2000 13:50:18 -0500
Scenario: A drunken jet skier slams into a club kayaker not wearing a PFD,
and the kayaker sinks below the surface never to be seen again. Daddy is a
lawyer and sues all and sundry for negligence, especially the club officers.

cya
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From: Peter van den Hurk <pvdhurk_at_ufl.edu>
subject: RE: [Paddlewise] PFD Required??
Date: Wed, 01 Mar 2000 15:18:14 -0600
Duhh, who is at fault here? If you want to sue anybody, take the drunken
jet skier....

At 01:50 PM 3/1/00 -0500, Bob Denton wrote:
>Scenario: A drunken jet skier slams into a club kayaker not wearing a PFD,
>and the kayaker sinks below the surface never to be seen again. Daddy is a
>lawyer and sues all and sundry for negligence, especially the club officers.
>
>cya
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From: Gabriel L Romeu <romeug_at_erols.com>
subject: Re: [Paddlewise] PFD Required??
Date: Wed, 01 Mar 2000 19:18:02 -0500
Here in the USA Peter, a lawsuit goes where the assets are.

Peter van den Hurk wrote:
> 
> Duhh, who is at fault here? If you want to sue anybody, take the drunken
> jet skier....
> 
> At 01:50 PM 3/1/00 -0500, Bob Denton wrote:
> >Scenario: A drunken jet skier slams into a club kayaker not wearing a PFD,
> >and the kayaker sinks below the surface never to be seen again. Daddy is a
> >lawyer and sues all and sundry for negligence, especially the club officers.
> >
>**************************************************************************

-- 
:                         :
Gabriel L Romeu                                                      :
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http://members.xoom.com/gabrielR  life as a tourist, daily
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From: Peter van den Hurk <pvdhurk_at_ufl.edu>
subject: Re: [Paddlewise] PFD Required??
Date: Thu, 02 Mar 2000 13:51:34 -0600
At 07:18 PM 3/1/00 -0500, Gabriel L Romeu wrote:
>Here in the USA Peter, a lawsuit goes where the assets are.
>

I have heard that more often in the 5 years that I have been living in the
US now. And I think it is absurd; the *drunken* jet skier should bleed for
life, even if he has no assets, and not the trip leader or club officer who
has nothing to do with the accident.

However, are there actual, real worl examples of trip leaders or club
officers who have been sued for negligence because trip members were not
wearing PFDs? Or are all the given scenarios only scarecrows? If there are
actual examples, I may reconsider being a trip leader for our club. The
club does only follow Coast Guard regulations, which I thought would be
enough in legal issues. 

Don't get me wrong, I am in favor of wearing PFDs whenever the
circumstances require (wind, waves, currents, motorboats). But I also like
to take it of in 95 degree weather on 80 degree water...

And I don't have to worry about my assets being taken away, because
basically I have none :-(

Peter

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From: ralph diaz <rdiaz_at_ix.netcom.com>
subject: Re: [Paddlewise] PFD Required??
Date: Wed, 01 Mar 2000 14:40:05 -0800
Rick Harwell wrote:
> 
> I hate to open a can of worms , but I guess I am ready to let them crawl
> out.  We are having discussions in our sea kayak club about do we or do we
> not REQUIRE trip participants on organized club trips to wear a PFD while
> on the water?  Currently we do not require this.  Folks show up for a trip,
> sign a waiver, and depending on conditions, may or may not wear a PFD.  We
> at no time discourage the use of a PFD but we also do not require one to be
> worn.  We have a trip leader, who is of course an unpaid volunteer. Club
> members and their guests do not pay a fee for trips, unless there are
> lodging/camping fees involved.  Many in the club feel this is an
> individual's choice, but what about liability issues?  What is your club's
> policy regarding this issue?

In 1991, a club in this area, the Metropolitan Canoe and Kayak Club, had
a discussion and vote by the board to require PFDs be worn on club
trips.  I was one of the pro-PFD proponents and wrote a white paper
circulated prior to the meeting in which I outlined quite forcefully,
and I think pursuasively, the pro argument.  The discussion was fairly
conducted and chaired by an anti-PFD policy person with everyone getting
ample time to express their views; final vote was 7 to 5 to require
PFDs.  Soon after, a group opposing this rule and claiming that the MCKC
was stifling sea kayaking (a surprising claim considering the great
number of sea kayaking trips on the calendar and sea articles articles
in the newsletter) split off, the Metropolitan Area Sea Kayakers, MASK.

I was vilified up and down and harassed for two years afterwards
including a vicious letter about me that almost got into Anorak, a
leading East Coast paddling publication. (The then-editor called me for
comment prior to publishing, I told him I had never heard of the
individual; he then checked and found that the letter had been sent and
signed by a ficticious person giving a wrong address, etc. and so the
editor wisely decided not to print).  I had rumors spread about my
stealing all the articles for my folding kayak newsletter (even though
no one else was writing about folding kayaks, a surprising number of
people actually fell for that) and, at paddle shows, my literature and
subscription forms would get stolen when I wasn't looking.  Etc.

Despite the grief I went through, I still think it was worthwhile to
instill such a policy.  Most clubs do have a PFD requirement for their
trips.

ralph diaz
-- 
-----------------------------------------------------------------------
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PO Box 0754, New York, NY 10024
Tel: 212-724-5069; E-mail: rdiaz_at_ix.netcom.com
"Where's your sea kayak?"----"It's in the bag."
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From: Seng, Dave <DSeng_at_health.state.ak.us>
subject: RE: [Paddlewise] PFD Required??
Date: Wed, 1 Mar 2000 09:23:52 -0900
 -----Original Message-----
> From: Rick Harwell [mailto:wharwel_at_CLEMSON.EDU]
> Sent: Wednesday, March 01, 2000 7:53 AM
 
> I hate to open a can of worms , but I guess I am ready to let 
> them crawl 
> out.  We are having discussions in our sea kayak club about 
> do we or do we 
> not REQUIRE trip participants on organized club trips to wear 
> a PFD while 
> on the water?  

  My reply has nothing to do with clubs, waivers, or any of the issues
involved in running organized club trips - it has more to do with PFDs.
  As it has been noted here on Paddlewise many times in the past and also in
Matt Broze's & George Gronseth's "Deep Trouble" - "if you don't have it _on_
you, you don't have it".  A PFD that is stuffed into the cockpit, serving as
a seat cushion, stuffed in a hatch, or strapped securely to the deck, is
merely a piece of nylon-covered foam that probably won't be of much value in
a life threatening situation.  A PFD, properly fitted and worn, provides
immediate positive flotation and body core insulation without any overt
action from the wearer in the event of a capsize and exit from the
kayak/canoe.
  The wide range of styles, colors, and features of today's PFD's should
allow most people to find a PFD that is reasonably comfortable and stylish
(my personal view is that as long as it floats me and my gear I don't care
WHAT it looks like) and thus shouldn't be a burden to wear.
  If you, as a club leader, are worried that requiring PFD usage will cause
people to decline going on club outings please weigh the other side of the
coin - how would even a single drowning or severe accident affect the club? 
  I'm not postulating that PFD wear will prevent drownings or accidents, but
they do provide an excellent "front-line" defense and I wouldn't want to be
caught without mine in any paddling situation (and I'm a VERY strong
swimmer). 
  
Dave Seng
Juneau, Alaska
(solo paddler - for a reason<grin>)

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From: Glenn Stauffer <stauffer_at_swarthmore.edu>
subject: Re: [Paddlewise] PFD Required??
Date: Thu, 2 Mar 2000 07:13:26 -0500
I, for one, would refuse to paddle with someone who did not have a PFD.  I
would even feel very uncomfortable if they weren't wearing it.  I don't care
how talented a swimmer a person claims to be; a knock on the head or rough
weather and a confused situation can change all that in a hurry and an
unprotected swimmer can put everyone else at risk.


----- Original Message -----
From: "Seng, Dave" <DSeng_at_health.state.ak.us>
To: <paddlewise_at_lists.intelenet.net>
Sent: Wednesday, March 01, 2000 1:23 PM
Subject: RE: [Paddlewise] PFD Required??


> -----Original Message-----
> > From: Rick Harwell [mailto:wharwel_at_CLEMSON.EDU]
> > Sent: Wednesday, March 01, 2000 7:53 AM
>
> > I hate to open a can of worms , but I guess I am ready to let
> > them crawl
> > out.  We are having discussions in our sea kayak club about
> > do we or do we
> > not REQUIRE trip participants on organized club trips to wear
> > a PFD while
> > on the water?


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From: Joe Brzoza <joebr_at_burton.com>
subject: RE: [Paddlewise] PFD Required??
Date: Wed, 1 Mar 2000 15:15:27 -0500
 -----Original Message-----
> From: Rick Harwell [mailto:wharwel_at_CLEMSON.EDU]
> Sent: Wednesday, March 01, 2000 7:53 AM
 
> I hate to open a can of worms , but I guess I am ready to let 
> them crawl 
> out.  We are having discussions in our sea kayak club about 
> do we or do we 
> not REQUIRE trip participants on organized club trips to wear 
> a PFD while 
> on the water?  


Dave Seng Replied:
>The wide range of styles, colors, and features of today's PFD's should
>allow most people to find a PFD that is reasonably comfortable and stylish
>(my personal view is that as long as it floats me and my gear I don't care
>WHAT it looks like) and thus shouldn't be a burden to wear.


I'd have to agree with Dave here.  I don't understand why some people are so
against wearing a PFD.  Mine is perfectly comfortable and I wear it
regardless how benign or hot the conditions are.  Heck I even wear it for
pool sessions.  

I've never been to a cycling event where helmets were optional so I
certainly don't think it's too much to ask that paddling events require
PFD's.

I wouldn't say that I'm a safety freak, but I'm a strong believer in
Murphy's law.  
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From: Steve Cramer <cramer_at_coe.uga.edu>
subject: Re: [Paddlewise] PFD Required??
Date: Wed, 01 Mar 2000 15:39:10 -0500
I don't have the rules handy, but I think that the Georgia Canoeing
Association trip rules say that all paddlers shall wear a PFD. Of
course, 90% of our trips are WW. 

I do know at one outfitter (nameless) who does not require PFDs. I and
others have worried about his liability.

I can think of one flatwater trip where PFDs might have been
superfluous. It was a springs run in central Florida, where the first
half was in water less than a foot deep. Folks did put them on when we
got out into deeper water.

My rule is, there is a limited number of things of things I can think
about simultaneously. If I *always* wear the PFD, that's one less thing
to think about.

Steve
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From: Bob Denton <BDenton_at_aquagulf.com>
subject: RE: [Paddlewise] PFD Required??
Date: Wed, 1 Mar 2000 15:26:23 -0500
Duhhh...you've never been in a sports accident situation..EVERYONE gets
sued! That's the US legal system, especially if you have a house and the jet
skier doesn't..

-----Original Message-----
From: Peter van den Hurk [mailto:pvdhurk_at_ufl.edu]
Sent: Wednesday, March 01, 2000 4:18 PM
To: Bob Denton; 'Rick Harwell'; 'paddlewise_at_lists.intelenet.net'
Subject: RE: [Paddlewise] PFD Required??


Duhh, who is at fault here? If you want to sue anybody, take the drunken
jet skier....

At 01:50 PM 3/1/00 -0500, Bob Denton wrote:
>Scenario: A drunken jet skier slams into a club kayaker not wearing a PFD,
>and the kayaker sinks below the surface never to be seen again. Daddy is a
>lawyer and sues all and sundry for negligence, especially the club
officers.
>
>cya
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From: Bill Leonhardt <WJLeonhardt_at_bnl.gov>
subject: Re: [Paddlewise] PFD Required??
Date: Wed, 01 Mar 2000 15:40:22 -0500
I've actually lost track of why we're on the PFD thread, however I'd 
like to add some thoughts (which I hope don't sound too preachy). 

Last fall I wrote a piece regarding the need for certain equipment when 
a kayaker participates in a swim support.  In part, I said: 

>>>> 
> Therefore, I recommend that swim race support kayakers: 
> 
> 1. Always wear a PFD.  If a swimmer is in distress, you may need to 
> lend immediate aide and not think to put one on or waste time doing 
> so.  If you are dealing with someone in the water, things can happen 
> that would cause you to be in the water too.  Wearing a PFD will help 
> you continue to provide aide while in the water and make your rescue 
> easier for the rest of us. 
> 2. Always use a spray skirt.  If you are helping a swimmer in the 
> water, you may need to lean your boat while doing so.  The last thing 
> you need is to be scooping water into your cockpit. 
> 3. Insure that your boat has adequate floatation.  If you go for a 
> swim while helping a swimmer, it will give you both something to hold 
> on to until more help arrives.  It will also help other kayakers to 
> help you get back in your boat. 
> 4. Carry a spare PFD under a deck bungee.  If a swimmer gets in 
> trouble, it is much better to toss a PFD to them then to have them 
> grab onto your boat possibly causing an upset. 
> 
> In essence, what I am preaching here is to have floatation for you, 
> your boat and for a swimmer.  I think it makes good sense.    
> 
<<<< 

I think the arguments I made for a kayaker aiding a swimmer would stand 
for a kayaker aiding another kayaker (who could very easily become a 
swimmer).  I don't, however, carry a spare PFD on non swim support 
paddles. 

I have much sympathy with the "Live free or die" people and have argued 
my right to motorcycle without a helmet. In the spirit of that then, I 
could even admit that I would support the notion that paddling solo 
without a PFD is the same and should be left to the individual.  
However, paddling with others is different.  Absolutely none of the 
other people I have ever met paddling have given me the impression that 
they would not aid another paddler in need.  It therefore makes sense to
me to be ready immediately to give other that aid.  As an added bonus, 
you provide safety for yourself. 

Just my ramblings, 

Bill Leonhardt 

ps   BTW, I find that wearing a PFD is like wearing a seat belt in the 
car.  I feel really weird if it's not there.
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From: Joe Pylka <pylka_at_castle.net>
subject: Re: [Paddlewise] PFD Required??
Date: Wed, 1 Mar 2000 17:39:05 -0500
>
>Despite the grief I went through, I still think it was worthwhile to
>instill such a policy.  Most clubs do have a PFD requirement for their
>trips.
>ralph diaz
>--

        To say the least, I am surprised.  I remember when M.A.S.K. split
off but I didn't know the circumstances.  Surprised, too, because you only
had to cross the Hudson to NJ to find that just about all the canoe clubs
absatively and posilutely Require that a PFD be WORN on any club trip.  It
is even in the bylaws of some of them.  We have a special name for paddlers
who've forgotten their PFDs... shuttlebunnies.  They are not going to
paddle; they know it, and they accept it.    This has been policy for a
long, long, time.
        Even in NYC, the Appalachian Mountain Club also has (and insists on)
this requirement.
        Just last Fall, Gov Whitman signed into law  that all children 12
and under are required to Wear a PFD.  Pennsylvania has similar laws.  In
Maryland don't even think of paddling the Potomac without wearing one.  You
will be escorted off the river and fined $50.  I've seen it happen.
        I have given safety talks to some groups wherein I walk in wearing a
pfd and it stays on the whole time.  Kinda helps make the point....
Joe P.


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From: Jerry Hawkins <jhawkins_at_cisco.com>
subject: Re: [Paddlewise] PFD Required??
Date: Wed, 01 Mar 2000 15:11:53 -0800
At 05:39 PM 03/01/2000 -0500, Joe Pylka wrote:

>        Just last Fall, Gov Whitman signed into law  that all children 12
>and under are required to Wear a PFD.  Pennsylvania has similar laws.

Joe - Under what circumstances must children wear the PFD in N. J., e.g., while on deck of any boat, or any boat under x feet in length, etc.?  The Coast Guard was taking proposals on similar restrictions nationwide last year, but I didn't know any of the states had beaten them to the draw.

jerry.
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From: Jerry Hawkins <jhawkins_at_cisco.com>
subject: [Paddlewise] Securing Gear
Date: Thu, 02 Mar 2000 17:25:02 -0800
New topic - Securing gear in bulkhead areas

Has anyone put d-rings or other tie-downs inside the bulkheaded storage areas in a sea kayak, for the purpose of preventing gear from shifting during leaning or rolling?

I fill up most of the excess space with drybags but can still hear water bottles, first aid kit, etc., shift at times.

jerry.
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From: Michael Daly <michaeldaly_at_home.com>
subject: Re: [Paddlewise] Securing Gear
Date: Thu, 02 Mar 2000 21:14:22 -0500
Jerry Hawkins wrote:

> New topic - Securing gear in bulkhead areas
>
> Has anyone put d-rings or other tie-downs inside the bulkheaded storage areas in a sea kayak, for the purpose of preventing gear from shifting during leaning or rolling?

I've made a couple.  I sewed two layers of Cordura into a patch and stitched
some webbing and a plastic D-ring to it.  I then glued them to the bulkhead
with 3M 5200.  I attached webbing to the D-rings and a Fastex buckle to the
webbing.  This make a loop to secure gear (usually my first aid kit) into
the space behind my seat.

I attach the webbing to the D-rings by running the end of the webbing through a
tri-glide, through the D-ring and then back through the tri-glide.  This makes
an easy-to-remove system that is quite secure.

I know others who have used commercially available tie downs in their kayaks.
Avoid the stiff plastic ones that are made for WW canoes. - use the more
flexible Hypalon based ones.  Make sure that your application avoids creating
an entanglement hazard.

Mike

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From: <LedJube_at_aol.com>
subject: Re: [Paddlewise] Securing Gear
Date: Thu, 2 Mar 2000 21:40:04 EST
Hi Jerry,

    I'm too lazy to affix the D rings but floatation bags to a great job of 
filling every available space and hence securing the load.  That's all I've 
used for the past couple of seasons  ;-)

Jed
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From: Dave Kruger <dkruger_at_pacifier.com>
subject: Re: [Paddlewise] Securing Gear
Date: Thu, 02 Mar 2000 19:02:44 -0800
Jerry Hawkins wrote:
> 
> New topic - Securing gear in bulkhead areas
> 
> Has anyone put d-rings or other tie-downs inside the bulkheaded storage areas in a sea kayak, for the purpose of preventing gear from shifting during leaning or rolling?

> I fill up most of the excess space with drybags but can still hear water bottles, first aid kit, etc., shift at times.

I use a flotation bag which inflates to fill the voids in my bulkheaded yaks. 
In the yak which has no bulkheads, I put in D-rings and a bungie (hooks on both
ends) to keep everything away from the center of the yak.  The bungie makes an
"X" by threading through two of the D's.

In your case, maybe you could just stuff something soft on top of the first aid
kit, etc.

-- 
Dave Kruger
Astoria, OR

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From: Shawn W. Baker <baker_at_montana.com>
subject: Re: [Paddlewise] Securing Gear
Date: Fri, 03 Mar 2000 07:59:45 -0700
Jerry,
I haven't done it yet, but I plan to put a lot of d-rings or glassed-in
split pieces of small PVC pipe for lash points in the boat I'm building.

I don't think the gear shifting is too bad on longer trips, but on a day
trip with only 1 or 2 small bags of emergency stuff, the shifting is a
bit annoying.  Especially considering that I'm more likely to do hard
leans, sculling, and roll practice on a short day trip.

Shawn

Jerry wrote:
>Has anyone put d-rings or other tie-downs inside the bulkheaded storage areas >in a sea kayak, for the purpose of preventing gear from shifting during >leaning or rolling?

-- 
Shawn W. Baker          0                                    46°53'N
© 2000            ____©/______                              114°06'W
~^~^~^~^~^~^~^~^~^\  ,/      /~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^~^
baker_at_montana.com    0        http://www.missoulaconcrete.com/shawn/
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From: Chuck Holst <CHUCK_at_multitech.com>
subject: RE: [Paddlewise] Securing Gear
Date: Fri, 3 Mar 2000 09:22:26 -0600
>>
Has anyone put d-rings or other tie-downs inside the bulkheaded storage
areas in a sea kayak, for the purpose of preventing gear from shifting
during leaning or rolling?

I fill up most of the excess space with drybags but can still hear water
bottles, first aid kit, etc., shift at times.

jerry.
>>

Why not inflate a flotation bag on top of your gear? If you don't have room
for a flotation bag, your gear probably can't to shift enough to affect your
trim in any event.

Chuck Holst

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From: Joe Pylka <pylka_at_castle.net>
subject: Re: [Paddlewise] PFD Required??
Date: Wed, 1 Mar 2000 18:57:21 -0500
>>        Just last Fall, Gov Whitman signed into law  that all children 12
>>and under are required to Wear a PFD.  Pennsylvania has similar laws.
>Joe - Under what circumstances must children wear the PFD in N. J., e.g.,
while on deck of any boat, or any boat under x feet in length, etc.?  The
Coast Guard was taking proposals on similar restrictions nationwide last
year, but I didn't know any of the states had beaten them to the draw.
>
        AFAIK it is all boats, including canoes, rafts, and kayaks and at
all times when in or on them.

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From: Peter Treby <ptreby_at_ozemail.com.au>
subject: Re: [Paddlewise] PFD Required??
Date: Thu, 2 Mar 2000 11:39:07 +1100
Rick:
I am in the middle of thinking about this because of a liability / insurance
discussion going on in my local club. I really think your club, and all
others, should require and get into a pattern of taking all reasonable
safety precautions, including PFD's on all club trips.
Think about this possibility. A paddler on a club trip, not wearing a PFD,
is injured and sues. You have a release form signed, but this does not stop
the claim. Your insurer pays, then refuses further insurance. Your club is
then refused further insurance by all other insurers. How will that affect
the club's future?
Regards, PT

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From: <dldecker_at_se.mediaone.net>
subject: Re: [Paddlewise] PFD Required??
Date: Wed, 01 Mar 2000 20:42:58 -0500
At 11:53 AM 3/1/00 -0500, Rick Harwell wrote:
  We are having discussions in our sea kayak club about do we or do we 
>not REQUIRE trip participants on organized club trips to wear a PFD while 
>on the water?  

Our club is a paddle america club(ACA)
ACA SAFETY GUIDELINES AND INSURANCE REQUIREMENTS FOR COASTAL KAYAKING
#8. All non-swimmers must wear Coast Guard approved life vests (PFD's).
PFDs are recommended for all participants; they are required for all
participants in Coldwater or "pushy" paddling conditions.

When I called to find out the definition of or "pushy" paddling conditions
I was told anything that pushes your ability to handle it. That would vary
with each person and their ego. We require that you wear one in salt water=
intercostal,inlets, ocean all dangerous with currents and boat traffic. We
suggest you wear one at all times. When some one crys foul when required to
wear one I first tell them it is for my safety so if some thing happens I
can retrieve their bodys easier or if they are in trouble they will at
least be on the surface. The few times people have refused I called off the
trip and explained to every one the reason was so & so would not wear the
PFD and so far that has worked with pressure from everyone. Another club
here in Fla. requires you wear one at all paddles and explains it up front
to each prospective member. If you are worried then require PFDs on your
trips even if it is not a club rule and if people don't want to paddle
wearing a PFD then they won't be on your watch.

Dana
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From: ralph diaz <rdiaz_at_ix.netcom.com>
subject: Re: [Paddlewise] PFD Required??
Date: Thu, 02 Mar 2000 10:04:12 -0800
Glenn Stauffer wrote:
> 
> I, for one, would refuse to paddle with someone who did not have a PFD.  I
> would even feel very uncomfortable if they weren't wearing it.  I don't care
> how talented a swimmer a person claims to be; a knock on the head or rough
> weather and a confused situation can change all that in a hurry and an
> unprotected swimmer can put everyone else at risk.

I think you have to make room for exceptions.  Paddling with Maligiaq
for example when he was here in NYC in October.  I wrote an article for
Atlantic Coastal Kayaker (December 1999) that began thus:

-----
A dozen of us were about to head out from the Downtown Boathouse in
lower Manhattan for a kayak trip to the Statue of Liberty when Cindy
Cole took me aside.
"I bought a PFD for Maligiaq; does he need to wear it?" she asked.  I
had just witnessed a half hour rolling demo in which Maligiaq Padilla,
the 1998 Greenland National Kayak Champion (at just 16!), had startled
even some of the most respected rolling dervishes in the Northeast. 
"Nah," I replied. "He's his own personal flotation device.  Just drop it
into his kayak in case the Coast Guard pulls us over."
-----

It is simply not in his waterborne culture to wear one and I don't feel
it should be forced on someone who is truly one with the sea.  These
Greenlanders have demonstrated they are a breed apart and should be
respected for that.  For example, they don't wear wet or dry suits in
the sense we do. One of us might be leading a trip in the dead of winter
on the Maine Coast, in which surely the prescribed cloth should be a dry
suit with lots of insulation underneath.  One of them might show without
a PFD and wearing a tulliag (I think that's the name) the one piece
hooded garment that serves as both garb and spray skirt.  I don't think
you would want to disqualify them from the trip.  I noticed in Amphibian
Man that Petersen has nothing on his hands while paddling among ice
floes in water that would have to be at 31 degrees or less.  They are
different.

ralph diaz
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From: Chuck Holst <CHUCK_at_multitech.com>
subject: RE: [Paddlewise] PFD Required??
Date: Thu, 2 Mar 2000 13:52:18 -0600
>>
However, are there actual, real worl examples of trip leaders or club
officers who have been sued for negligence because trip members were not
wearing PFDs? Or are all the given scenarios only scarecrows? If there are
actual examples, I may reconsider being a trip leader for our club. The
club does only follow Coast Guard regulations, which I thought would be
enough in legal issues. 
>>

I have heard that the ACA has been sued only twice for incidents that
happened on sea kayaking trips, and both times it was for incidents that
happened on land. I don't have any details, though. Because of the rarity of
such suits, and because the insurance contract for the ACA Paddle America
plan looks full of holes that the insurance company could wriggle through,
we decided in Inland Sea Kayakers not to pursue insurance at this time. 

Chuck Holst

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From: Peter Treby <ptreby_at_ozemail.com.au>
subject: Re: [Paddlewise] PFD Required??
Date: Sun, 03 Jul 1994 06:06:39 +1000
Chuck Holst wrote:
...and because the insurance contract for the ACA Paddle America
plan looks full of holes that the insurance company could wriggle through,....

Is it possible to describe these briefly? This might be asking for a clause by
clause attack on the policy, which I won't ask you to do, but if you could refer
in general short terms to the problems, it would be appreciated.
Regards, Peter T.

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From: <KiAyker_at_aol.com>
subject: Re: [Paddlewise] PFD Required??
Date: Thu, 2 Mar 2000 23:01:48 EST
In a message dated 3/2/00 7:05:53 AM Pacific Standard Time, 
rdiaz_at_ix.netcom.com writes:

<< I think you have to make room for exceptions.  Paddling with Maligiaq
 for example when he was here in NYC in October. >>

   OK, now this is getting interesting! I would really love to hear other 
Paddlewiser's views on this! I will be away for the weekend doing kayak stuff 
at one of our channel islands, but will look forward to the discussion when I 
get back.

Scott
So.Cal.

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From: Chuck Holst <CHUCK_at_multitech.com>
subject: RE: [Paddlewise] PFD Required??
Date: Thu, 2 Mar 2000 13:52:18 -0600
>>
However, are there actual, real worl examples of trip leaders or club
officers who have been sued for negligence because trip members were not
wearing PFDs? Or are all the given scenarios only scarecrows? If there are
actual examples, I may reconsider being a trip leader for our club. The
club does only follow Coast Guard regulations, which I thought would be
enough in legal issues. 
>>

I have heard that the ACA has been sued only twice for incidents that
happened on sea kayaking trips, and both times it was for incidents that
happened on land. I don't have any details, though. Because of the rarity of
such suits, and because the insurance contract for the ACA Paddle America
plan looks full of holes that the insurance company could wriggle through,
we decided in Inland Sea Kayakers not to pursue insurance at this time. 

Chuck Holst

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From: Reeves, Debbie (Debbie) <"Reeves,>
subject: RE: [Paddlewise] PFD Required??
Date: Fri, 3 Mar 2000 11:21:48 -0500
> Chuck Holst wrote (snipped):
> 
> we decided in Inland Sea Kayakers not to pursue insurance at this time. 
	----------------

	The Atlantic Sea Kayakers, a group of about 150 spread over multiple
states, has not pursued insurance either.  We have no officiers.  We produce
a newsletter that includes articles focused on general water safety, cold
water precautions, gear, weather, health, etc.  Each newsletter also carries
the safety philosophy of the group (which is basically we are each in
control of ourselves-noone will be forced from shore).  Also in the
newsletter we encourage paddlers to pursue skill development, whether
formally or informally.  For formal instruction, we list various sources
(private companies, county courses, etc.).  Informally, our group  offers
multiple sessions over the course of warm weather for folks to get together
and work on their skills.  Calendar items are listed by fellow "subscribers"
(subscribers of the newsletter).

	Debbie Reeves
	Sandy Hook, NJ
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From: ralph diaz <rdiaz_at_ix.netcom.com>
subject: Re: [Paddlewise] PFD Required??
Date: Fri, 03 Mar 2000 18:00:23 -0800
I know the issue of liability is a tricky thing and in a sense you can
never fully reduce your exposure.  But if you have waivers, which people
ahead of time know they must sign, and you project an image of care and
responsible behavior, then you should go along way toward protecting
yourself.

Debbie's outline of what the Atlantic Sea Kayakers do (I'm a member) is
an example of this. The newsletter is great in leaving a paper trail of
safety consciousness.
 By stressing safety advice in the pages of its newsletter(and repeating
the basic safety philosophy of the group in every issue in a boiler
plate box), by offering opportunities for people to practice rescues and
rolls informally, and by pointing to where to get formal instruction and
help, Atlantic Sea Kayakers conveys such an image.
  
If one were ever dragged in court and could point to such things, it
would help enormously.

Now think what would happen in the opposite situation.  Suppose you have
a newsletter full of articles of paddlers risking their lives, paddling
in skivvies in winter and challenging storms and make it all out to be a
big lark.  Suppose group leaders make a big point in writing about
bringing a case of beer for big parties at lunch and being so drunk that
they kept falling out of their kayaks on the way home.  Suppose people
boasted about never wearing a PFD and using ratty torn up sprayskirts.
etc.  If anything were to go wrong for someone paddling with that group,
lawyers would have a field day.

On second thought, maybe the lawyers wouldn't have much of a case. 
Anyone stupid enough to paddle with those guys deserves anything they
get.  Debbie, for reduced liability sake maybe we should go back to the
drawing boards and change the whole focus and tone of Atlantic Sea
Kayakers.  :-)

ralph

Reeves, Debbie (Debbie) wrote:
>         The Atlantic Sea Kayakers, a group of about 150 spread over multiple
> states, has not pursued insurance either.  We have no officiers.  We produce
> a newsletter that includes articles focused on general water safety, cold
> water precautions, gear, weather, health, etc.  Each newsletter also carries
> the safety philosophy of the group (which is basically we are each in
> control of ourselves-noone will be forced from shore).  Also in the
> newsletter we encourage paddlers to pursue skill development, whether
> formally or informally.  For formal instruction, we list various sources
> (private companies, county courses, etc.).  Informally, our group  offers
> multiple sessions over the course of warm weather for folks to get together
> and work on their skills.  Calendar items are listed by fellow "subscribers"
> (subscribers of the newsletter).
> 
>         Debbie Reeves
>         Sandy Hook, NJ
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From: Dickson, Dana A. <dana.dickson_at_unisys.com>
subject: RE: [Paddlewise] PFD Required??
Date: Fri, 3 Mar 2000 10:47:14 -0600
There should always be an exception to the rule.  I have in the past said
that I am will to paddle with people who are not wearing their PFDs provided
they can demonstrate that they can put it on while they are under water and
I am holding on to their heels and helping to keep them moving underwater.
So far I have not had any takers.  Not even from the moucho macho adolescent
boys on the Aquatennial Mississippi River canoe and kayak trip 2 years ago.

Dana 

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From: Chuck Holst <CHUCK_at_multitech.com>
subject: RE: [Paddlewise] PFD Required??
Date: Fri, 3 Mar 2000 13:21:26 -0600
-----Original Message-----
From: Peter Treby [mailto:ptreby_at_ozemail.com.au]
Sent: Saturday, July 02, 1994 3:07 PM
To: Chuck Holst; Paddlewise
Subject: Re: [Paddlewise] PFD Required??


Chuck Holst wrote:
...and because the insurance contract for the ACA Paddle America
plan looks full of holes that the insurance company could wriggle
through,....

Is it possible to describe these briefly? This might be asking for a clause
by
clause attack on the policy, which I won't ask you to do, but if you could
refer
in general short terms to the problems, it would be appreciated.
Regards, Peter T.

***************************************************************************

I didn't review the policy myself, but went by the advice of a couple of
members who had read it and were familiar with insurance contracts, so I
can't be more specific.

Chuck Holst

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