RE: [Paddlewise] Outlaw Paddling, was Kayaks and Visibility Study

From: rebyl_kayak <rebyl_kayak_at_energysustained.com>
Date: Sun, 28 Jun 2009 12:09:53 +1000
G'Day Craig and Paul,

The NSW Maritime Rules or the Code of Practice for sculls and rowing shells
are not mandatory beyond following the minimal ColRegs requirements. However,
the Code does come with a very strong recommendation, thus:-

4.1 NSW Maritime notes that although there is no specific legislative
provision requiring rowers and paddlers to display the lights specified in
Clause 3.1 above failure to comply with this Code may be viewed by the Courts
as evidence of poor seamanship or negligence.

Have to say that although its important from a legal perspective, theres a
sense in which this clause is irrelevant. Suspect that anyone standing up in
Sydney amongst a group of seamen and trying to explain that operating a small
boat without fixed lights at night on the harbour was good seamanship, would
be greeted with baffled incredulity.

What the Code and the NSW Maritime Rules offer is the freedom, under ColRegs
rules 1 and 2 and building on rule 25, to use more practical options than
ColRegs specifies. These have been obtained after consultation with the local
community and are most commonly used. The main stimulus for providing this
freedom was a history of accidents in harbours and ports.

Can't speak for the rest of Oz or for NZ, don't know anything about their
legislation

The NSW Maritime jurisdiction for recreational boating is all NSW navigable
waters

As mentioned earlier I'm not aware of any kayak, showing lights as per the
code, that has been involved in a nightime collision in NSW navigable waters.
As mentioned earlier the main reason for introducing the regulations was a
history of accidents.

I've contributed as much as I usefully can so going back to nursing a mild
dose of flu. Hot whisky and lemon. Beautiful! Here's wishing you a pleasant
weekend kayaking.

All the best, PeterO
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Received on Sat Jun 27 2009 - 19:10:03 PDT

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