RE: [Paddlewise] Kayaks and Visibility

Apologies I accidentally sent an incomplete version of this earlier - here's
the full version.

Paul wrote

>The International ColRegs are just a guideline - even for those who have
signed up to them.

Craig wrote

>So how do individual local jurisdictions manage to enforce navigational rules
which are at odds with the >International Rules? No one bothers to tell them
that they aren't supposed to do that? Or are there loopholes?



G'Day Paul and Craig,

The International ColRegs opens up with the paragraph:

Rule 1

(a) Nothing in these Rules shall exonerate any vessel, or the owner, master,
or crew thereof, from the consequences of any neglect to comply with these
Rules or of the neglect of any precaution which may be required by the
ordinary practice of seamen, or by the special circumstances of the case.



Certainly it is an "ordinary practice of seamen-<kayakers>" to make a kayak
visible for 360 degrees on the water at night in busy Sydney Harbour. Sadly
some power boaters do not and we occasionally hear of terrible accidents
leading to death and protracted court cases

In any case when I read the rules I saw nothing that suggest that placing a
light of reasonable luminance -- not sufficient to blind - on the front and
rear of the kayak or on a masthead contravenes ColRegs. Thus ColRegs: -

Rule 25 (d)

(i) A sailing vessel of less than 7 meters in length shall, if practicable,
exhibit the lights prescribed in paragraph (a) or (b) of this Rule, but if she
does not, she shall have ready at hand an electric torch or lighted lantern
showing a white light which shall be exhibited in sufficient time to prevent
collision.

(ii) A vessel under oars may exhibit the lights prescribed in this rule for
sailing vessels, but if she does not, she shall have ready at hand an electric
torch or lighted lantern showing a white light which shall be exhibited in
sufficient time to prevent collision.



While rule 25 is quite consistent with maritime pratise in NSW there is a
fundamental difference between a vessel under oars and a kayak in that a
vessel under oars is usally not continuously able to look where it is going.
Perhaps rule 22 is more pertinent and again it is quite consistent with
maritime practice in NSW. Likewise the issue of using a combination of
flashing and steady light is a bit unusual but not prohibited in the ColRegs
as far as I can see and not a mandatory requirement on the water in NSW. In
fact I don't know anyone who uses this combination over here.



Rule 22 visibility of lights

(d) In inconspicuous, partly submerged vessels or objects being towed; a white
all-round light; 3 miles.



NSW Maritime Rules

Rowing/Paddle Vessels

Such craft must have a torch or lantern ready to display in time to prevent a
collision. Craft that are more than 4 metres long should exhibit two all-round
lights either continuous, or combination of continuous and flashing white
lights, positioned at either end.

Note: There are many other combinations of lights used on vessels, the lights
shown relate to the activity the vessel is engaged in ie., fishing, dredging,
not under command. A simple rule of thumb for a small power boat is to stay
clear of any vessels exhibiting additional lights.



Hope this provides some reassurance that the rules are reasonably sensible for
kayakers in this neck of the woods.

All the best, PeterO
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