Re: [Paddlewise] PFD Debate (was other things)

From: ralph diaz <rdiaz_at_ix.netcom.com>
Date: Fri, 08 Sep 2000 17:14:26 -0700
Doug Lloyd wrote:
> It is much easier in Canada, as Uliei (spelling, sorry) pointed out. We
> don't have to wear them, just have them available. 

We don't _have_ to wear them in the States either.  While the US Coast
Guard goes through great pains in its annual reports to stress that it
is smart to wear one all the time, there is no regulation that says you
have to.

A case in point.  A few years two kayakers were paddling off the Upper
West Side of Manhattan on the Hudson.  A USCG small patrol boat pulled
over to them and one of the Coasties insisted that one fellow actually
put on his PFD.

About a month later one of the fellows (the one with the PFD already on)
and I were visiting the Coast Guard Station on some other matter and
related the incident to the lieutenant in charge of enforcement.  He
went almost ballistic wanting us to give him the date, time and place so
that he could reprimand that crew!  He apologized to us for their action
even though we weren't the affected party.  They had exceeded their
authority, i.e. the reg says only you need to have your PFD handy,
nothing more.  We didn't recall the precise time and even if we had we
didn't feel like getting some young Coasties in trouble.  The lieutenant
said he would post a notice about the incident in a general way as a
general reminder to the crews on what the regs actually require.

In the dead of winter, we have had some of kayakers pulled over by USCG
crews asking if they were wearing wet suits.  I suppose if the kayakers
hadn't been cold-water clothed in some fashion, the crew could force
them to leave the water because the paddler was "operating a boat in an
unsafe manner" a kind of blanket or umbrella authority covering lots of
things.

But wearing a PFD is such a specifically spelled out reg (i.e. you need
one handy but are not required to have it on) that they could not force
you off the water on that umbrella authority on account of not wearing
one.

In a similar vein on the cold-water theme, a few years ago, there was a
mid-winter paddling trip put on for a morning TV news show.  The fellows
left from Governors Island (that lets you know how long ago this was; it
closed in 1996) into real cold air temperatures (single digit) and high
winds.  The Coast Guard hovered nearby in a patrol boat.  At one point,
one of the paddlers capsized.  He was immediately rescued by the other
kayakers but the Coast Guard felt enough was enough and, citing the bad
conditions, ordered them all off the water and to return to the put-in.

ralph diaz



 
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Ralph Diaz . . . Folding Kayaker newsletter
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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Received on Fri Sep 08 2000 - 16:24:55 PDT

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