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From: rebyl_kayak <rebyl_kayak_at_energysustained.com>
subject: [Paddlewise] Kayaks and Visibility
Date: Wed, 24 Jun 2009 08:03:46 +1000
Peter Rattenbury wrote:
>Peter:  You might be thinking of one of these for the Pittarak/Klepper,
>http://www.survivalsafety.com/ <http://www.survivalsafety.com/>

G'Day Peter,

Good to hear from you again! Thats an interesting device though its not quite
what I had in mind in that it alerts the paddler, rather than the ship with
the radar transmitter.

The thought I had was to actively echo back the radar pulse somewhat amplified
so that the kayak could be seen on the larger ship's radar. For all I know
this may be either impractical, or inappropriate as it could give a false
impression on the radar screen of the larger ship. If it hasn't been thought
of it might be worth exploring, though it would need to go through regulatory
checks before being made available.

All the best, PeterO
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From: Craig Jungers <crjungers_at_gmail.com>
subject: Re: [Paddlewise] Kayaks and Visibility
Date: Tue, 23 Jun 2009 15:29:12 -0700
Gliders have much the same problem as kayaks. Because most gliders are
fiberglass or even carbon fiber and their radar "footprint" is small due to
their small size and radical aerodynamics they are difficult to see on the
ATC screens. We can buy transponders which detect a radar signal and
immediately respond with encoded date which identify the glider and even the
altitude it's operating at.

However the frequencies these units operate at are not the same as ship
radar (which is typically 3cm and 10cm). Nevertheless, the technology is
there.

Kayakers could also conceivably mount an AIS transponder on their kayaks in
order to show a larger return.

Again, however, the problem is that no device will work unless the radar is
on, it's in tune, and someone is looking at it. For the boats most likely to
endanger a kayaker (e.g.: fast powerboats and fishing trawlers on autopilot)
the devices would not be very useful.

I still don't quite understand how local municipalities in OZ and NZ can
pass regulations directly in conflict with the ColRegs. I can see how they
might in the case of a lake or river which doesn't fall under international
rules. But for navigable waters the ColRegs are supposed to be the same
world-wide.

Maybe if you have a big enough bureaocracy anything can happen.

Craig Jungers
Moses Lake, WA

On Tue, Jun 23, 2009 at 3:03 PM, rebyl_kayak <
rebyl_kayak_at_energysustained.com> wrote:

> Peter Rattenbury wrote:
> >Peter:  You might be thinking of one of these for the Pittarak/Klepper,
> >http://www.survivalsafety.com/ <http://www.survivalsafety.com/>
>
> G'Day Peter,
>
> Good to hear from you again! Thats an interesting device though its not
> quite
> what I had in mind in that it alerts the paddler, rather than the ship with
> the radar transmitter.
>
> The thought I had was to actively echo back the radar pulse somewhat
> amplified
> so that the kayak could be seen on the larger ship's radar. For all I know
> this may be either impractical, or inappropriate as it could give a false
> impression on the radar screen of the larger ship. If it hasn't been
> thought
> of it might be worth exploring, though it would need to go through
> regulatory
> checks before being made available.
>
> All the best, PeterO
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From: Bradford R. Crain <crainb_at_pdx.edu>
subject: Re: [Paddlewise] Kayaks and Visibility
Date: Tue, 23 Jun 2009 19:02:49 -0700
   If we want to be more visible and detectable in our kayaks, perhaps the
answer is larger kayaks, let's say about 100 meters long and made of good
quality aluminum. Paddles would be proportionately larger too. :)>

Brad Crain

Quoting Craig Jungers <crjungers_at_gmail.com>:

> Gliders have much the same problem as kayaks. Because most gliders are
> fiberglass or even carbon fiber and their radar "footprint" is small due to
> their small size and radical aerodynamics they are difficult to see on the
> ATC screens. We can buy transponders which detect a radar signal and
> immediately respond with encoded date which identify the glider and even the
> altitude it's operating at.
>
> However the frequencies these units operate at are not the same as ship
> radar (which is typically 3cm and 10cm). Nevertheless, the technology is
> there.
>
> Kayakers could also conceivably mount an AIS transponder on their kayaks in
> order to show a larger return.
>
> Again, however, the problem is that no device will work unless the radar is
> on, it's in tune, and someone is looking at it. For the boats most likely to
> endanger a kayaker (e.g.: fast powerboats and fishing trawlers on autopilot)
> the devices would not be very useful.
>
> I still don't quite understand how local municipalities in OZ and NZ can
> pass regulations directly in conflict with the ColRegs. I can see how they
> might in the case of a lake or river which doesn't fall under international
> rules. But for navigable waters the ColRegs are supposed to be the same
> world-wide.
>
> Maybe if you have a big enough bureaocracy anything can happen.
>
> Craig Jungers
> Moses Lake, WA
>
> On Tue, Jun 23, 2009 at 3:03 PM, rebyl_kayak <
> rebyl_kayak_at_energysustained.com> wrote:
>
>> Peter Rattenbury wrote:
>> >Peter:  You might be thinking of one of these for the Pittarak/Klepper,
>> >http://www.survivalsafety.com/ <http://www.survivalsafety.com/>
>>
>> G'Day Peter,
>>
>> Good to hear from you again! Thats an interesting device though its not
>> quite
>> what I had in mind in that it alerts the paddler, rather than the ship with
>> the radar transmitter.
>>
>> The thought I had was to actively echo back the radar pulse somewhat
>> amplified
>> so that the kayak could be seen on the larger ship's radar. For all I know
>> this may be either impractical, or inappropriate as it could give a false
>> impression on the radar screen of the larger ship. If it hasn't been
>> thought
>> of it might be worth exploring, though it would need to go through
>> regulatory
>> checks before being made available.
>>
>> All the best, PeterO
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From: Richard Culpeper <culpeper_at_tbaytel.net>
subject: RE: [Paddlewise] Kayaks and Visibility
Date: Tue, 23 Jun 2009 22:35:16 -0400
What is the longest kayak?  I've never paddled a kayak longer that a K4, but
I paddle approximately 40 foot long canoes and love them (outrigger 6, twin
hulled outrigger 12, and 22 person dragon boat).  Are there kayaks out there
longer than K4s?

Richard Culpeper

-----Original Message-----: Re: [Paddlewise] Kayaks and Visibility

   If we want to be more visible and detectable in our kayaks, perhaps the
answer is larger kayaks, let's say about 100 meters long and made of good
quality aluminum. Paddles would be proportionately larger too. :)>

Brad Crain
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From: Scott Hilliard <kiayker_at_sbcglobal.net>
subject: Re: [Paddlewise] Kayaks and Visibility
Date: Wed, 24 Jun 2009 04:30:15 -0700
> What is the longest kayak?  I've never paddled a kayak longer that a K4, but
> I paddle approximately 40 foot long canoes and love them (outrigger 6, twin
> hulled outrigger 12, and 22 person dragon boat).  Are there kayaks out there
> longer than K4s?


George Dyson built a 48 foot monster "baidarka" that had stations for 
six paddlers! Of course I guess it all depends on just how you define 
"kayak", or "baidarka."

Scott
So.Cal.
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From: James <jimtibensky_at_fastmail.fm>
subject: Re: [Paddlewise] Kayaks and Visibility
Date: Thu, 25 Jun 2009 06:45:43 -0500
What is the longest kayak?



When I began sprint racing (in 1966) my coach was a Hungarian immigrant
who had been a champion paddler in his homeland.  He said that the
normal practice there was to put a superior paddler in the front of a
double or four and have the newer paddlers learn by imitating his stroke
from directly behind.  In those days the Hungarians built their own
boats and paddles, so they decided to go for the ultimate.  They made an
eight man sprint kayak.  It had two rudders, one controlled by the bow
paddler, the other by the second cockpit.  He never told me how long it
was, but it must have been huge.  A modern k-4 is 11 meters long, so the
eight would have been over fifty feet, I imagine.

My coach said the first time the K-8 went out, they broke it in half
trying to turn around a bridge on the Danube.  Since we easily pulled a
water skier on more than one occasion with a four, the eight could
probably hit amazing speeds.


Jim Tibensky
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From: rebyl_kayak <rebyl_kayak_at_energysustained.com>
subject: RE: [Paddlewise] Kayaks and Visibility
Date: Wed, 24 Jun 2009 22:30:35 +1000
G'day Craig,

A single clearly visible navigation light is mandatory at night for a kayak in
New South Wales waters and I believe that is what the ColRegs require for a
vessel under oars (I guess a paddle for this purpose is an oar). A red light
for port and a green one for starboard is also recommended but not mandatory
for kayaks and its really hard to find a good water proof set so most of us
don't use the port and starboard lights just one or two white lights. I've no
reason to believe that Australia doesn't comply with ColRegs and would be very
suprised if NZ didn't comply.

I wasn't following the discussion closely enough so may have missed the
instance in which NZ appeared to be going their own way re ColRegs? Was that
the case?

BTW enjoyed your strategy for defusing a bar room brawl!

All the best, PeterO
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From: Craig Jungers <crjungers_at_gmail.com>
subject: Re: [Paddlewise] Kayaks and Visibility
Date: Wed, 24 Jun 2009 06:50:45 -0700
On Wed, Jun 24, 2009 at 5:30 AM, rebyl_kayak said:
>
>
>
> A single clearly visible navigation light is mandatory at night for a kayak
> in
> New South Wales waters and I believe that is what the ColRegs require for a
> vessel under oars (I guess a paddle for this purpose is an oar).


The ColRegs, at least as published in the USA (and I always thought they
were identical for all signatory countries) only address a hand-powered
vessel (vessel under oars) one time and that is when it concerns lights.
Rule 25 covers both sailing vessels and vessels under oars and the
applicable portion reads:

"A vessel under
oars<http://www.navcen.uscg.gov/mwv/navrules/pops/nr_25dii.htm>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."

The only reference in the ColRegs to an all-around white light is in Rule 23
whch concerns powerboats. The rules for powerboats are divided into those
under 7m, those under 12m and everything else. Apparently NSW is lumping
kayaks in with powerboats under 7m because that reads:

"*a power-driven vessel of less than 7
meters<http://www.navcen.uscg.gov/mwv/navrules/pops/nr_23cii.htm>in
length whose maximum speed does not exceed 7 knots may in lieu of the
lights prescribed in paragraph (a) of this Rule exhibit an all-round white
light and shall, if practicable, also exhibit sidelights.* [Intl]


> A red light
> for port and a green one for starboard is also recommended but not
> mandatory
> for kayaks and its really hard to find a good water proof set so most of us
> don't use the port and starboard lights just one or two white lights.


There is nothing in the ColRegs covering vessels under oars which mentions
two white lights.A second masthead light is required for powered vessels of
over 50m (these provide a "range" for determining the heading of the vessel
when viewed from the bridge of another vessel).


> I've no
> reason to believe that Australia doesn't comply with ColRegs and would be
> very
> suprised if NZ didn't comply.


It appears to me that NSW is not in compliance with the International
ColRegs rule 25 covering vessels under oars and is, instead, defining them
as powerboats and covering them under Rule 23.

I wasn't following the discussion closely enough so may have missed the
> instance in which NZ appeared to be going their own way re ColRegs? Was
> that
> the case?


The discussion regarding NZ was that it appears (to me, at least, from the
posts) that NZ local jurisdictions were devising their own rules for kayaks
without regard to the ColRegs; even in navigable waters.

One of the confusing issues regarding navigation lights is that the ColRegs
only cover navigable waterways which are usually defined as waterways on
which "commerce" is carried. Lakes and rivers which do not have "commerce"
are left to the jurisdiction of localities. Here in the USA there are local
"navigation rules" set forth by individual municipalities which are often
(very often) not the same as the ColRegs. For a kayaker these can be very
confusing.

As far as a "single white light visible for two miles" it's my own belief
that this is the least useful of all the lights in a harbor or near shore
situation because there are so many white lights. Even on a dark night with
no lights on shore a single all-around white light can be dangerous if an
impaired powerboat operator (e.g.: drunk) fixates on the light and ends up
aiming for it (this almost certainly occured in the NE USA a few years ago
in an accident where the kayak was cut in half while trying desperately to
avoid the collision... see www.seakayakermagazine.com).

So if you want to fight over-regulation of these "rules" I think one course
of action is to point out that they are not in compliance with the ColRegs.


> BTW enjoyed your strategy for defusing a bar room brawl!
>

Thanks. :)'
'
'
Craig Jungers
Moses Lake, WA
www.nwkayaking.net
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From: Paul Hayward <pdh_at_mmcl.co.nz>
subject: RE: [Paddlewise] Kayaks and Visibility
Date: Thu, 25 Jun 2009 04:59:20 +1200
Craig & Peter

Yesterday, I posted a fairly complete description of the ins & outs of NZ
(and other countries) compliance with the International ColRegs. But as I'm
still on PaddleWise 'probation' - you may have to wait a little while to
read it ;-)

First, let's do a quick run-down of what the lighting requirements in the
International ColRegs require of boats similar in size to kayaks:

(1) A smallish vessel (under 50m) at anchor must exhibit a all-round white
light, visible for 2 nm (nautical-miles).

(2) A powerboat under 7m "whose maximum speed does not exceed 7 knots" must
exhibit a all-round white light (2 nm), If practicable, she shall also
exhibit sidelights (ie: red & green 1 nm).

(3) A sailboat under 7m 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." The lights in (a) are the typical red, green & stern (white)
lights - with (b) being some optional masthead lights.

(4) "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."

The above contains some verbatim quotes and the rest is a careful
paraphrase.
Now, to sum up and look at what individual jurisdictions do with these
guidelines:
 
International: We can see from this that a kayak has no limits to length or
speed and shouldn't really exhibit an all-round light, unless she wants to
be taken for a moving <7m power-boat (who must give way to sailboats). A
kayak seems to be obliged to either run red-green-stern lights or just carry
a display-at-need white light for collision prevention. 

USA: From a quick look at the American (Federal Level) Navigation Rules, the
kayak-lighting situation appears to be a word-for-word copy of the
Int.ColRegs. 
	
NZ: National Maritime Rules also specify an identical kayak-lighting
requirement. Last year, a local Auckland bylaw was introduced to make all
kayaks carry a permanent 2nm all-round white light _AND_ a torch/lantern. As
this is a pretty terrible idea in a kayak group relying on night-vision, we
are working to have this fixed. 

Australia: From what I can make out, rather than a national set of Maritime
Rules, the individual states have separate Maritime Acts. Looking at the
state of Western Australia, its wording (relating to kayak lighting) appears
again to be the same as the Int.ColRegs. Tasmania makes it easy - they just
point at the Int.ColRegs. Someone from Australia may be able to comment on
all the other Australian jurisdictions - and to what extent local bodies
layer additional requirements on top of these state ones.

Canada: Sailboats & oars get away with the Int.ColRegs wording. However,
Canada is tough on small powerboats - the single white light possibility is
forbidden - the full R-G-S are required. Also, every light (or whistle,
radar-reflector, etc) that you are required to have on board must have a
label (or you must carry a certificate) to prove that is certified.

Note that the Int.ColRegs don't anywhere mention vessels with paddles - we
all just assume that "under oars" includes kayaks. There's a FAQ for the US
Rules (but not the rules themselves), which lumps canoes & kayaks into the
'vessel under oars' category - which is all I can find anywhere - but not
all that helpful ;-)

Best Regards
Paul

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
Paul Hayward_____________________ (64)-(9)-479-2888
microMATION CONSULTANTS LTD________mob: 021-585-521
POB 101-257 NSMC, Auckland______________New Zealand
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From: Craig Jungers <crjungers_at_gmail.com>
subject: Re: [Paddlewise] Kayaks and Visibility
Date: Wed, 24 Jun 2009 10:59:45 -0700
On Wed, Jun 24, 2009 at 9:59 AM, Paul Hayward <pdh_at_mmcl.co.nz> wrote:

Nicely done, Paul.

>
> NZ: National Maritime Rules also specify an identical kayak-lighting
> requirement. Last year, a local Auckland bylaw was introduced to make all
> kayaks carry a permanent 2nm all-round white light _AND_ a torch/lantern.
> As
> this is a pretty terrible idea in a kayak group relying on night-vision, we
> are working to have this fixed.


Not to mention that a sailboat skipper would expect the kayak to be the
"give way" vessel under all conditions; even when the kayaker has the
obligation to stand on.

Canada: Sailboats & oars get away with the Int.ColRegs wording. However,
> Canada is tough on small powerboats - the single white light possibility is
> forbidden - the full R-G-S are required. Also, every light (or whistle,
> radar-reflector, etc) that you are required to have on board must have a
> label (or you must carry a certificate) to prove that is certified.


I really don't have a problem with r-g-s nav lights on most powerboats but
the outboard-powered fishing skiff (all open) might be difficult to fit with
nag lights. I'd prefer to see a single R-G-S combined light on a staff.

Certificates must be what keeps 'em employed. :)

Note that the Int.ColRegs don't anywhere mention vessels with paddles - we
> all just assume that "under oars" includes kayaks. There's a FAQ for the US
> Rules (but not the rules themselves), which lumps canoes & kayaks into the
> 'vessel under oars' category - which is all I can find anywhere - but not
> all that helpful ;-)
>

Seems to me that a paddle most closely conforms to the definition of an
"oar"; especially when contrasted with "sail" and "engine".

Thanks for the clarification. 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?


Craig Jungers
Moses Lake, WA
www.nwkayaking.net
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From: Paul Hayward <pdh_at_mmcl.co.nz>
subject: RE: [Paddlewise] Kayaks and Visibility
Date: Fri, 26 Jun 2009 04:00:01 +1200
Thanks for the kind words.

 

> how do individual local jurisdictions manage to enforce navigational rules
which are at odds with the International Rules? 

 

I believe you are looking at it back-to-front ;-)

 

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

 

The only people with enforcement capability _are_ the local / national
jurisdictions. They enforce whatever rules they like. If they like the
International ColRegs wording, they copy it. Or they modify it any darn way
they see fit - and then they enforce whatever they have created. With
whatever penalties they specify for infringements.

 

There is no Int.ColRegs police force anywhere. 

 

The only place you might argue that the International ColRegs are not
subject to local re-writing is in International waters. I'm not even sure
that is true, because (for example) Canadian registered vessels are subject
to Canadian law everywhere - unless it is overpowered by another country's
jurisdiction - and the Canadian Shipping Act (which includes the Canadian
version of the ColRegs) specifies that Canadian vessels in International
Waters must abide by a few special clauses. I don't think (again, my
reading) that these special clauses can be criticised as 'bad', because they
impose stricter requirements on Canadian Vessels - not slacker ones.
However, it illustrates the fact that the Int.ColRegs don't automatically
'Rule' anywhere.

 

I also doubt that many Navies of the world obey the Int.ColRegs 100%. Yes
they will obey them when they can, but there are certain elements of a
night-time torpedo run that work better if you put the rule book away ;-)

 

Best Regards

Paul
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From: rebyl_kayak <rebyl_kayak_at_energysustained.com>
subject: RE: [Paddlewise] Kayaks and Visibility
Date: Wed, 24 Jun 2009 22:38:44 +1000
Paul wrote
>These do already exist - for example:
>www.speedseal.com/seame/howseameworks.htm

G'day Paul,

That was the kind of device I was thinking of. Very interested to see it
exists and is legal (at least in the US). Also to see the performance specs.

The warnings by yourself and others regarding power boaters who don't have
radar, and those who do but don't use it, are very apt so I'll probably not
buy the enhanced radar reflector but the ancient engineer in me was intrigued
to know that it existed and also to hear of the coded response techniques
raised by Peter and Craig.

I already use lights at night and during the day sometimes tie a red flag to
my kayak sailing mast so when crossing a channel I will quite often raise the
mast with the flag.

What really appeals though is one of those compressed air horns - I'd probably
become a real kayak hoon if I had one of those!

All the best, PeterO
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From: Craig Jungers <crjungers_at_gmail.com>
subject: Re: [Paddlewise] Kayaks and Visibility
Date: Wed, 24 Jun 2009 06:54:21 -0700
On Wed, Jun 24, 2009 at 5:38 AM, rebyl_kayak <
rebyl_kayak_at_energysustained.com> wrote:

>
> What really appeals though is one of those compressed air horns - I'd
> probably
> become a real kayak hoon if I had one of those!
>
>
The picture in my mind of you in your kayak with a compressed air horn
tickled my fancy. :)

I got an Apple Iphone a month or so back and one of the applications you can
download features an image of one of those little horns. When you press the
image it gives a pretty good imitation of the sound they make. Not as loud,
however. The kids love it!!!


Craig Jungers
Moses Lake, WA
www.nwkayaking.net
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From: rebyl_kayak <rebyl_kayak_at_energysustained.com>
subject: RE: [Paddlewise] Kayaks and Visibility
Date: Fri, 26 Jun 2009 11:08:29 +1000
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,



Paul's point makes sense. The International Regs opens up with the paragraph



(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.



And 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 whern I read the rules I see nothing that suggest that placing a
light of reasonabler luminance -- not sufficient to blind - on the fron and
rear of the kayak or on a masthead. Thus the rules: -





Rule 22 visibility of lights

	(d) In inconspicuous, partly submerged vessels or objects being towed;

		a white all-round light; 3 miles.
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From: rebyl_kayak <rebyl_kayak_at_energysustained.com>
subject: RE: [Paddlewise] Kayaks and Visibility
Date: Fri, 26 Jun 2009 11:43:18 +1000
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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From: Craig Jungers <crjungers_at_gmail.com>
subject: Re: [Paddlewise] Kayaks and Visibility
Date: Thu, 25 Jun 2009 19:58:31 -0700
On Thu, Jun 25, 2009 at 6:43 PM, rebyl_kayak <
rebyl_kayak_at_energysustained.com> wrote:

>
> Hope this provides some reassurance that the rules are reasonably sensible
> for kayakers in this neck of the woods.
>
>
Hey, as long as you are happy with having two, not one but TWO, bright white
lights mounted on your kayak at night, I wish you all the best. But I have
to tell you that those "rules" do not conform to any International
convention for navigation that I know of.

And if you dont want to have every local jurisdiction in the country impose
their own ideas of whats "safe" then you might want to use that argument to
keep them from making you wear sunglasses at night.

And while Paul Hayward might assume that no agency "enforces" those ColRegs
then he's never bought voyage insurance because there are places you cannot
send a ship if you want it insured. And those places pay very high shipping
rates to those willing to undertake the risk on their own. If you want
service, then you have to play by the Rules. :)


Craig Jungers
Moses Lake, WA
www.nwkayaking.net
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From: Paul Hayward <pdh_at_mmcl.co.nz>
subject: RE: [Paddlewise] Kayaks and Visibility
Date: Fri, 26 Jun 2009 17:36:32 +1200
Peter & Craig

 

I also paddle along a coast with lots of bright, white house lights
on-shore. I soon realised that the white all-round light I then used was
largely invisible against this background of 'light pollution'. Not all
fishermen drink too much beer before zooming back to the ramp in the
evening, but there are a few...

 

I wanted something that stood out, but I wanted to avoid becoming 'part of
the problem' - which I felt I might do by using a red, green, yellow or
strobe light, all of which are meaningful in a maritime context and could
cause someone else to come to grief. 

 

So I hunted for a light that was not yet spoken for. The one I have built,
used and found to be very effective over the 5 years I've deployed it - is a
blue light. Not a flashing blue - that is reserved for our police vessels.
The non-flashing blue is not reserved for any other task in NZ law or in our
local bylaws. In the Int.ColRegs, non-flashing blues are reserved for UN
food vessels, but luckily we don't have any.

 

If small & slow vessels (targets, speed-bumps - call them what you will) are
seriously endangered by faster vessels that don't see them, then there is a
very easy solution to that. Given the challenge to make such vessels (power,
sail & human-powered - maybe restricted to less than 7 knots) standout in
light-cluttered environments, cheaply, easily and certainly - the solution
isn't particularly hard. Something multi-coloured and rapidly flashing.

 

As LED technology and clever light-control circuitry gets cheaper & more
easily programmed, the world of maritime lighting could standardise on a
small-vessel signal consisting of a number of colours alternating rapidly -
something that cannot be confused with a strobe red or green - or anything
else. The technology is nearly here (well it is here, but still a bit
expensive for one-offs) but I see no sign of any Maritime Safety authorities
wanting to get their technology advanced beyond the oil-lantern stage.

 

Best Regards

Paul
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From: Craig Jungers <crjungers_at_gmail.com>
subject: Re: [Paddlewise] Kayaks and Visibility
Date: Tue, 30 Jun 2009 09:42:05 -0700
On Thu, Jun 25, 2009 at 6:43 PM, rebyl_kayak

The ColRegs are not just a guideline. They are supposed to be specific
navigational rules easily understood by mariners the world over. Rule 1 does
allow for some leeway inside harbors and on navigable rivers but other than
that they are supposed to be followed to the letter by the signatory
governments.
>
> 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
>
Actually, I believe it is not "ordinary practice" of kayakers to make a
kayak visible for 360 degrees on the water at night.  There is a fair body
of evidence to show that many kayakers prefer to conform to the ColRegs
requirement of a decent flashlight. The prompt use of a good flashlight (and
there are lots of them available that are waterproof, bright, and sometimes
work by only shaking them) can be even better than a continuous light
because you can move it in patterns that will show an approaching vessel
that you are not a buoy or pier or something they might consider docking to.

The ordinary priactice is to use the ColRegs rules, I think.

> 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: -
>
The Rules try to specify what to use. They don't go into detail about what
NOT to use. If it's not listed then it should not be used. Otherwise we'd
have a plethora of individualized lights out there dependent only upon
someone's opinion. And no one from somewhere else would have a clue what is
going on. It's like saying that your driving laws specify driving on the
left but don't specifically say that driving in the middle is prohibited.
And then acting on it.

> While rule 25 is quite consistent with maritime pratise in NSW
>
How can Rule 25 be consistent with maritime practice in NSW when your local
rules specify two white lights (bow and stern)? There is no mention of this
light anywhere in the ColRegs and certainly not in Rule 25.

> 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.
>
I think that trying to redefine a kayak as something else for the purposes
of lights because you look forward and not rearward is a stretch. After all,
you can row a boat facing forward; I've done it many times. It is much more
likely that a maritime court would assume that a paddle is simply a
double-ended oar.

> Perhaps rule 22 is more pertinent and again it is quite consistent with
> maritime practice in NSW.
>
Perhaps you mean Rule 23 (power driven vessels) and not Rule 22 (visibility
of lights). But again, no mention of two white lights (bow and stern) for
these either. How is that consistent?

> 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.
>
Again, the ColRegs do not tell you what you cannot use. They assume that if
they specify what the Rules are you can interpret them and use them
properly. Flashing lights are generally reserved for navigational markers or
emergencies. One of the other reasons for the ColRegs is to differentiate
types of vessels. A steady white light on a mast would normally indicate a
powerboat less than 12 meters in length. A flashing white light would
normally be on a buoy.

Rule 1 of the ColRegs does allow local governments to create localized rules
that would be applicable to only those areas. But if I read it right the NSW
rules are applicable to vessels operating over 200meters (or is it 300?)
from shore. This implies that the dual lights would be required in what
would be waters outside harbors, rivers, etc. that are covered under Rule 1.
Or does it only mean 200 meters away from the beach in Sydney Harbor?

In a harbor, where a Pilot must be carried on ships, a deck officer dosn't
need local knowledge so Rule 1 was written to allow authorities some freedom
to establish speed limits, etc. But it admonishes municipalities not to vary
too far from the literal Rules. This is because even though Pilotage is
required for large ships there are many other vessels that enter harbors as
part of an international voyage that would not be required to take a Pilot
aboard. There is certainly no safety in confusing those mariners with an
abundance of rules that they could not be expected to understand.

Paul's contention that the ColRegs are simply the basis for the rules and
local rules are layered onto them does not fit with a professional mariner's
view of the ColRegs. That practice (layering upon them) would create a
hodgepodge of localized rules that make sense only to locals. This is
exactly the situation the ColRegs were designed to eliminate. It's much
easier for everyone to simply use the ColRegs and create educational systems
that help everyone understand them. This way a deck officer steaming
coastwise along Australia or Chile or Brazil or wherever can have confidence
that (s)he understands what (s)he is seeing.

As far as I'm concerned, the biggest problem is the refusal of so many
boaters to reduce their speed when necessary (Rule 6 of the ColRegs) or to
keep a proper lookout (Rule 5). Enforce that and most problems simply go
away.

By the way, Rule 5 specifies that one must also be listening ("by sight and
hearing") which would preclude paddling while having one's ipod's earphones
plugged into one's ears. A navigational rule many paddlers ignore.

Craig Jungers
Moses Lake, WA
www.nwkayaking.net
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From: Paul Hayward <pdh_at_mmcl.co.nz>
subject: RE: [Paddlewise] Kayaks and Visibility
Date: Wed, 1 Jul 2009 17:05:57 +1200
Craig 

 

I don't want to sound tetchy here, but you are sometimes confusing Peter's
Australian (NSW) local requirements with our NZ (Auckland) ones.
Understandable - but makes it trickier to respond ;-)

 

I'll try and stick to my own 'turf' and address those questions. Peter can
handle his own.

 

The Auckland rules (specific to oared vessels) talk about a 200m zone.
Within that shoreline strip you have much greater freedom, beyond that
distance 'offshore' you need to obey all requirements. I can't explain why
200m appealed to the law-makers - that's just how it is. 

 

I don't believe NSW has any similar 200m zone.

 

France does have something similar. Within their 300m shore-zone, you can
play with 'beach gear' (I translate loosely). Kayaks are 'beach gear' until
someone has formally applied to the French Government and received
certification of sea-worthiness for your model of kayak. If you don't have
that, you'd better not be caught 300m offshore - and even with
certification, never more than 2 miles offshore ! 

 

Note that France will automatically fail anything with a beam of less than
500mm (19.7") or a length to beam ratio under 10 - which would rule out most
of our racing kayaks and surf-skis. 

 

I hate the thought of that sort of oppressive regulation here (or anywhere
else I want to paddle). 

 

Application of ColRegs - I don't know what a roadstead is in international
law. Definitions I can find are pretty loose and indicate a place outside a
harbour where a ship can lie at anchor. Our Auckland harbourmaster controls
an 'harbour' that stretches out about 10 miles and does, I believe, include
all places a ocean-going ship would anchor. As a commercial ship entering
this 'harbour' zone, you must pick up a pilot and comply with speed
restrictions, etc. I believe that this would be similar to any commercial
harbour in the world.

 

Where you would (as I understand it) take exception, is that the Auckland
Regional Council has decided to extend its Maritime Safety Rules throughout
all waters in its territory. All of them - lakes, rivers, coastal - anything
navigable - and our definition of navigable is pretty broad. There are quite
a few restrictions that all vessels must adhere to. Some apply to unloading
explosives, some to tankers, some to occasional areas for racing, some to
water-skiing.

 

To make it worse (?) the Harbourmaster issues quite a few 'Notice to
Mariners', which add constraints for a period of hours, days or months for
special events: fireworks displays, dredging, America's Cup racing, etc.

 

I don't believe that these concepts are unique to Auckland or even limited
to NZ, Australia and France.

None of this is in the Int.ColRegs.

 


I accept your reading of the Int.ColRegs as 'intending' to be unchangeable -
and perhaps there are decisions from a court at the Hague to show that they
are ? However, I stand by my assertion that the individual countries retain
sovereignty and that within their own territorial waters they use exactly as
much of the Int.ColRegs as they see fit. This is usually most of the
standard text - with additional laws layered on top.

 

In practice (as well as in theory) they get to do this because they are the
ones enforcing the laws.


Canada very clearly inserts its modifications (to the Int.ColRegs test)
throughout the Canadian Shipping Act - and enforces the modified version.
The US does something similar. NSW also. It is rare for a jurisdiction to
just say "We will enforce the Int.ColRegs, unmodified." - Tasmania is the
only such jurisdiction I have found.

 

The finest example of a national set of regulations 'layered on top' of the
Int.ColRegs is the Canadian Small Vessel Regulations (2008). This is nearly
50 pages and goes into your obligations eg: in a racing kayak, carriage of
flares or waterproof flashlights - all the stuff Canada applies to small
boat use, everywhere. Good for them.

 

>There is certainly no safety in confusing those mariners with an 

>abundance of rules that they could not be expected to understand.
I agree with you that there would be advantages to having a set of universal
rules that no-one alters. I just don't think that many mariners expect it.
Just as they buy charts of a new cruising area, they have an obligation to
acquaint themselves with local requirements.

 

I suggest that you would struggle, in any local court - and even perhaps in
the Hague - to prove that you were justified in running over a kayak because
it was showing lights that you interpreted as belonging to a different type
of vessel or obstacle. 

 

Best Regards

Paul

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
Paul Hayward_____________________ (64)-(9)-479-2888
microMATION CONSULTANTS LTD________mob: 021-585-521
POB 101-257 NSMC, Auckland______________New Zealand

 

From: Craig Jungers [mailto:crjungers_at_gmail.com] 
Sent: Wednesday, 1 July 2009 04:42
To: rebyl_kayak
Cc: pdh_at_mmcl.co.nz; PaddleWise_at_paddlewise.net
Subject: Re: [Paddlewise] Kayaks and Visibility

 

(text removed to save bandwidth)
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From: Craig Jungers <crjungers_at_gmail.com>
subject: Re: [Paddlewise] Kayaks and Visibility
Date: Wed, 1 Jul 2009 00:19:56 -0700
On Tue, Jun 30, 2009 at 10:05 PM, Paul Hayward <pdh_at_mmcl.co.nz> wrote:

>
> I suggest that you would struggle, in any local court - and even perhaps in
> the Hague - to prove that you were justified in running over a kayak because
> it was showing lights that you interpreted as belonging to a different type
> of vessel or obstacle.
>

It's late here so a quick note. A maritime court would apportion damages
depending upon how much in the wrong one or both parties were. In this case
the court would be asked to look at mitigating circumstances and the actions
of the mariners (both mariners) leading up to the accident. So, for
instance, if a ship made an emergency turn and ran into a wharf to avoid a
kayak that was showing a blue light (for instance) and the watch officer did
not recognize it as a vessel until the last moment it's possible that the
kayaker would be apportioned some of the damages. Most collisions at sea
have a share of blame on both sides and maritime courts generally apportion
damages.

A "roadstead" is usually outside a harbor and is often where a ship anchors
awaiting clearance to enter the country. Sometimes pilotage is required but
usually not. In Panama, for instance, the roadstead outside the canal is not
pilotage waters but to enter the harbor (into Cristobal) a pilot would be
required. The pilot then would probably re-anchor the ship in a specific
place inside the harbor. If you can transit through an area without a pilot
then most mariners would not expect to take aboard a pilot for anchoring.
Mind you, ships can anchor in areas most people would not consider an
"anchorage".

I think you may also be confusing the ColRegs with navigation rules.

While there are restricted areas in navigable waters these are either
short-lived (and announced on the VHF) or permanent and marked on charts.
Strictly speaking this is not an application of the ColRegs. The ColRegs
deal with how to recognize the course another vessel is on, how to announce
to that other vessel your intentions, what is expected of a watch stander,
and how to maneuver to avoid a collision between vessels. It does not, for
instance, cover buoyage or navigational markers. The existence of the
ColRegs was designed to lessen local regulatory control over the way boats
display navigational information so that every mariner would be confident of
making a good decision.

Canada does require certain items to be carried on board a kayak but this,
again, is not a matter for ColRegs. Restricted areas are also not a matter
for the ColRegs. Navigation lights on vessels, on the other hand, are. The
addition of two lights, for instance, on a kayak would be a change to the
ColRegs light rules that could - if extended into areas traversed by
international maritime vessels - be misinterpreted.

If the local regulations simply mandated that all kayaks display
red/green/white nav lights then I would not have a problem (as a
professional mariner, at least). Everyone recognizes those and the ColRegs
do make that a condition.  If France wants to restrict kayaks to 2km from
shore that is certainly their perogative and the ColRegs has nothing to say
about it. But if they mandate the display of flashing white lights on those
kayaks it would inevitably lead to confusion because the ColRegs state - and
mariners the world over learn - that flashing white lights are not on moving
vessels.

Intrusion of "local control" into navigable waters seems to me to be
troubling.

But I only mentioned this in the beginning because some of you have stated
that you are troubled by the over-regulation of kayakers and I felt that you
might be able to use these arguments successfully before the local councils
(or whomever promulgates the rules in your jurisdiction). Local
jurisdictions could do few things more confusing to international commerce
than fiddle with the ColRegs. Now I see you all defending these local rules.
Since I will almost certainly never again pilot a ship in the s. hemisphere
or paddle a kayak there then I'm only concerned on a "concerned
international citizen" basis. If you want them to light a kayak up like a
christmas tree then I have no argument other than it seems like I'd pitch a
serious bitch if they tried to do it to me.


Craig Jungers
Moses Lake, WA
www.nwkayaking.net
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From: Paul Hayward <pdh_at_mmcl.co.nz>
subject: RE: [Paddlewise] Kayaks and Visibility
Date: Thu, 2 Jul 2009 02:22:44 +1200
Craig

 

Thanks for laying that out so carefully for us - you've done an admirable
job. I accept that many of my arguments need work. As a result, I shall ask
our Maritime Safety people a number of questions. 

 

I am aware of the 'blame on both sides' and 'damage apportionment' tradition
of maritime courts and I do not seek to be an outlaw - nor yet a scofflaw.

 

Our Maritime Safety Authority has for years recommended that the minimum
required lighting for a kayak be _exceeded_. The obvious way to do this is
with a standard R-G-W setup - but until the last few years this has not been
feasible on a kayak. (Some would question if it is yet feasible.) So, the
MSA has suggested the use of an all-round white light on a mast. Recommended
it - not required it - leaving it up to the individual when it is good to
display it. 

 

The kayaking community has responded as might be expected. The
don't-give-a-damn boys don't carry any lights, some carry just a torch and
the majority use a pole light with a torch back-up. Our clubs won't let you
go on a night paddle without a permanent 360 light - but it is often
(especially in a group) just a chemical light-stick or one of those orange
CG-approved lifejacket lights. Pretty minimal as a light, but don't forget
the torches for legality.

 

However, I have had one too many cases when a somewhat-pissed or just very
inattentive PDV (power-driven vessel) has zoomed towards me on his (yes it
usually is a 'his') way back to the boat ramp after a day's fishing. 

 

I built up to a pretty bright - well over 2nm - all-round white light for
solo training and still they could easily ignore me, with me moving so
slowly against the well-lit background. Yes, I would flash my torch and it
worked - but it was kind of a 'last resort' and just didn't feel
particularly safe.

 

The great bulk of our regular coastal paddlers, training after dark in their
kayaks along our heavily populated and light-polluted coastline, have
dreamed up all sorts of 'STAND-OUT' lights. The most popular, borrowed from
our push-biking friends, is the red strobe. 

 

I guess it works - there is a reef visible outside my window with a red
flashing beacon on the end of it - so it works very well to keep the PDV's
away. Some argue that you don't easily confuse an electronic strobe with a
flashing beacon - very different flash rate - but I don't favour this
solution myself. I think it is clearly illegal.

 

I chose to make a blue light, which has no other designated maritime use (UN
aside). If another vessel approaches it at such a speed that he is forced to
take evasive action into a nearby wharf - I shall have to live with the
guilt and possibly the damage apportioned to me by a maritime court. I shall
also, presumably, always wonder what he would have done if I'd shone my
torch at him suddenly. 

 

In the final analysis, I shall probably be alive to feel the guilt and to
wonder.

 

My experience with the blue light is that it works. Vessels spot it from
afar and either detour round it (at high speed) as an unknown obstacle - or
(out of sheer curiosity) slow right down and approach it at about 5 knots
until they can see what it is. Either way works to keep us both safe.

 

So, that is the past 10 years. Now comes a bylaw to make a 2nm white light
mandatory at all times. Very, very few of our kayaking community think this
is a good idea.

 

Best Regards

Paul

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
Paul Hayward_____________________ (64)-(9)-479-2888
microMATION CONSULTANTS LTD________mob: 021-585-521
POB 101-257 NSMC, Auckland______________New Zealand

 

From: Craig Jungers [mailto:crjungers_at_gmail.com] 
Sent: Wednesday, 1 July 2009 19:20
To: pdh_at_mmcl.co.nz
Cc: PaddleWise_at_paddlewise.net; rebyl_kayak
Subject: Re: [Paddlewise] Kayaks and Visibility

 

On Tue, Jun 30, 2009 at 10:05 PM, Paul Hayward <pdh_at_mmcl.co.nz> wrote:

 

I suggest that you would struggle, in any local court - and even perhaps in
the Hague - to prove that you were justified in running over a kayak because
it was showing lights that you interpreted as belonging to a different type
of vessel or obstacle. 


It's late here so a quick note. A maritime court would apportion damages
depending upon how much in the wrong one or both parties were. In this case
the court would be asked to look at mitigating circumstances and the actions
of the mariners (both mariners) leading up to the accident. So, for
instance, if a ship made an emergency turn and ran into a wharf to avoid a
kayak that was showing a blue light (for instance) and the watch officer did
not recognize it as a vessel until the last moment it's possible that the
kayaker would be apportioned some of the damages. Most collisions at sea
have a share of blame on both sides and maritime courts generally apportion
damages.

A "roadstead" is usually outside a harbor and is often where a ship anchors
awaiting clearance to enter the country. Sometimes pilotage is required but
usually not. In Panama, for instance, the roadstead outside the canal is not
pilotage waters but to enter the harbor (into Cristobal) a pilot would be
required. The pilot then would probably re-anchor the ship in a specific
place inside the harbor. If you can transit through an area without a pilot
then most mariners would not expect to take aboard a pilot for anchoring.
Mind you, ships can anchor in areas most people would not consider an
"anchorage".

I think you may also be confusing the ColRegs with navigation rules. 

While there are restricted areas in navigable waters these are either
short-lived (and announced on the VHF) or permanent and marked on charts.
Strictly speaking this is not an application of the ColRegs. The ColRegs
deal with how to recognize the course another vessel is on, how to announce
to that other vessel your intentions, what is expected of a watch stander,
and how to maneuver to avoid a collision between vessels. It does not, for
instance, cover buoyage or navigational markers. The existence of the
ColRegs was designed to lessen local regulatory control over the way boats
display navigational information so that every mariner would be confident of
making a good decision.

Canada does require certain items to be carried on board a kayak but this,
again, is not a matter for ColRegs. Restricted areas are also not a matter
for the ColRegs. Navigation lights on vessels, on the other hand, are. The
addition of two lights, for instance, on a kayak would be a change to the
ColRegs light rules that could - if extended into areas traversed by
international maritime vessels - be misinterpreted.

If the local regulations simply mandated that all kayaks display
red/green/white nav lights then I would not have a problem (as a
professional mariner, at least). Everyone recognizes those and the ColRegs
do make that a condition.  If France wants to restrict kayaks to 2km from
shore that is certainly their perogative and the ColRegs has nothing to say
about it. But if they mandate the display of flashing white lights on those
kayaks it would inevitably lead to confusion because the ColRegs state - and
mariners the world over learn - that flashing white lights are not on moving
vessels.

Intrusion of "local control" into navigable waters seems to me to be
troubling.


But I only mentioned this in the beginning because some of you have stated
that you are troubled by the over-regulation of kayakers and I felt that you
might be able to use these arguments successfully before the local councils
(or whomever promulgates the rules in your jurisdiction). Local
jurisdictions could do few things more confusing to international commerce
than fiddle with the ColRegs. Now I see you all defending these local rules.
Since I will almost certainly never again pilot a ship in the s. hemisphere
or paddle a kayak there then I'm only concerned on a "concerned
international citizen" basis. If you want them to light a kayak up like a
christmas tree then I have no argument other than it seems like I'd pitch a
serious bitch if they tried to do it to me.


Craig Jungers
Moses Lake, WA
www.nwkayaking.net
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From: Gary J. MacDonald <garyj_at_rogers.com>
subject: Re: [Paddlewise] Kayaks and Visibility
Date: Wed, 01 Jul 2009 06:44:30 -0400
How does Auckland propose to accommodate a kayak that crosses in and out of the 
200m zone?  Do you need their "local-special" lighting within, and 
"international-standard" without?

GaryJ

Paul Hayward wrote:
> The Auckland rules (specific to oared vessels) talk about a 200m zone.
> Within that shoreline strip you have much greater freedom, beyond that
> distance 'offshore' you need to obey all requirements. I can't explain why
> 200m appealed to the law-makers - that's just how it is. 

> France does have something similar. Within their 300m shore-zone, you can
> play with 'beach gear' (I translate loosely). Kayaks are 'beach gear' until
> someone has formally applied to the French Government and received
> certification of sea-worthiness for your model of kayak. If you don't have
> that, you'd better not be caught 300m offshore - and even with
> certification, never more than 2 miles offshore ! 
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From: Paul Hayward <pdh_at_mmcl.co.nz>
subject: RE: [Paddlewise] Kayaks and Visibility
Date: Thu, 2 Jul 2009 02:22:57 +1200
Gary 

A reasonable question, but I believe that the answer is just the opposite of
what you suggest.

If you are on ARC's (Auckland Region Council) navigable water (which for us
seems to run up to water's edge, then you must fulfil the minimum of the
Int.ColRegs - to show a light 'in sufficient time'.

If you are out beyond 200m from shore, then you must _also_ fulfil the ARC
bylaw requirements - to show it all the time and all-round.

Presumably, out beyond the 12-mile limit, you are free of any NZ regulation
and can fall back to the minimum required by the Int.ColRegs. 

I am amused that a careful re-reading of the Int.ColRegs Section 25-d-ii
seems to allow a kayak (if it so wishes) to show a single 360 white light
anywhere in the world that these rules apply. 

Although I believe that it should be defined in Section 21, the word lantern
is not defined anywhere in the Int.ColRegs. If we accept the traditional use
of the word, it surely includes an all-round lamp. You are obliged to show
it 'in sufficient time'. What's stopping you just hanging the damn thing up
and leaving it there ?
	
Best Regards
Paul

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Paul Hayward_____________________ (64)-(9)-479-2888
microMATION CONSULTANTS LTD________mob: 021-585-521
POB 101-257 NSMC, Auckland______________New Zealand


-----Original Message-----
From: Gary J. MacDonald [mailto:garyj_at_rogers.com] 
Sent: Wednesday, 1 July 2009 22:45
To: pdh_at_mmcl.co.nz
Cc: PaddleWise_at_paddlewise.net; 'Craig Jungers'; 'rebyl_kayak'
Subject: Re: [Paddlewise] Kayaks and Visibility

How does Auckland propose to accommodate a kayak that crosses in and out of
the 
200m zone?  Do you need their "local-special" lighting within, and 
"international-standard" without?

GaryJ

Paul Hayward wrote:
> The Auckland rules (specific to oared vessels) talk about a 200m zone.
> Within that shoreline strip you have much greater freedom, beyond that
> distance 'offshore' you need to obey all requirements. I can't explain why
> 200m appealed to the law-makers - that's just how it is. 

> France does have something similar. Within their 300m shore-zone, you can
> play with 'beach gear' (I translate loosely). Kayaks are 'beach gear'
until
> someone has formally applied to the French Government and received
> certification of sea-worthiness for your model of kayak. If you don't have
> that, you'd better not be caught 300m offshore - and even with
> certification, never more than 2 miles offshore ! 
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From: Joe P. <jpylka_at_earthlink.net>
subject: Re: [Paddlewise] Kayaks and Visibility
Date: Fri, 26 Jun 2009 11:00:22 -0400 (GMT-04:00)
>> Hope this provides some reassurance that the rules are reasonably sensible
>> for kayakers in this neck of the woods.
>>
   Sometimes the rules may be sensible but the application is not.  
   About 10 or so years ago in Pennsylvania, a PF&B officer ticketed a kayaker on Muddy Creek, a whitewater river, for not having all three required items on his person.  The paddler had on: a PFD; with an attached whistle, but he did not have a flashlight. 
(On a ww river in broad daylight).  
   It went to court and the judge instantly threw it out, taking the time to tell the officer never, not ever, to press that charge again. 
Since then the rules have changed -- a light visible from all directions is now required at only a few open water locations such as Lake Erie where ColRegs would apply, and only at night.  

Joe P.
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From: James Farrelly <JFarrelly5_at_comcast.net>
subject: Re: [Paddlewise] Kayaks and Visibility
Date: Fri, 26 Jun 2009 11:20:06 -0400
On Jun 26, 2009, at 11:00 AM, Joe P. wrote:

   Sometimes the rules may be sensible but the application is not.

This reminds me of a humorous story. While kayaking on the Ocoee  
river my instructor commented on all of the rednecks swimming in the  
river without a PFD. I PFD must be worn by all boating or not. He  
wondered aloud why the rangers, who were present,  werent ticketing  
them.

The other instructor said he once asked a ranger that same question  
because a kayaker would not be allowed to get away with it. The  
ranger's response was that kayakers dont threaten to shoot you when  
you hand them a $50 ticket. Local Ocoee rednecks tend to lean that way.

Jim et al
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From: rebyl_kayak <rebyl_kayak_at_energysustained.com>
subject: RE: [Paddlewise] Kayaks and Visibility
Date: Sat, 27 Jun 2009 09:30:38 +1000
G'Day Paul, Craig and all,

Thanks everyone for this discussion.and Paul for the lighting analysis and
potential solution, something to think about. I'm afraid my email response to
Craig didn't make it through the Paddlewise filter so I'm copying it again but
without the quotation from ColRegs.

Back to ColRegs: -

If there's no room for interpretation by a local maritime authority then
ColRegs seems to be imposing two unsafe alternatives on kayakers. Either run
the risk of night blindness in a group because of multiple lights capable of
being seen at 2 to 3 miles. Or use a torch or lantern and trust that in choppy
water in the dark, it can be found and switched on in time to avoid a
collision with a fast moving sail or powerboat.

I use two lights fore and aft because that way I get 360 degree illumination
while retaining an ability to roll. As mentioned previously, these are
relatively low luminance torches to avoid night blindness in myself and my
paddling buddies. This complies perfectly with our club regulations, those of
NSW Maritime and with ColRegs because of rules 1 and 2. Thank heavens that NSW
Maritime and our local insurance company allows this. Fortunately it's also
very clear that the ColRegs allows the use of local judgement and doesn't
intend to encourage unsafe practise.

Reference Rules 1 and 2 of ColRegs "Application" and "Responsibility"

All the best, PeterO
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From: Paul Hayward <pdh_at_mmcl.co.nz>
subject: RE: [Paddlewise] Kayaks and Visibility
Date: Sat, 27 Jun 2009 16:02:31 +1200
Human activity always seems to involve a compromise. 
Bit like kayaks ;-)

Local interpretation of International standards gives us flexibility to do
good & necessary things (that are perhaps necessary only because of local
conditions) - and sadly they also give the flexibility to do dumb-ass things
because of inadequate experience by local regulators.

At the public hearing (a few weeks ago) on kayak visibility, the Councillors
were concerned that a 'torch displayed in time...' would be hard to do in
rough conditions. As you might expect, we were dealing with elected
representatives who had no kayaking experience and undoubtedly felt we were
all flirting with disaster at the best of times.

In responding to Councillors' questions, I was able to show my LED
head-torch - which I normally wear when kayaking 'in traffic' at night. I
know (from the comments of paddling buddies) that it easily works at one-km
- and has quite a 'cold' white colour that makes it stand out. I prefer it
to the standard type of big floating 6-volt torch that you might keep in a
car boot - simply because it is always 'to hand' and can be easily directed
where I'm looking (compass, reef or oncoming powerboat) while keeping both
hands on the paddle.

In fact, that head-torch is small enough and useful enough that it lives in
my day-hatch and finds use in sea-caves and often for putting up or striking
the tent.

The head-torch explanation brought immediate relaxation to the Councillors -
they could see that an alternative to a fixed and 'always-on' light could be
made to work quite easily.

We are awaiting the final wording of the bylaw and very much hope that the
choice of fixed light or torch will remain at the discretion of the
individual kayaker.

Personally, if I am kayaking solo in traffic I'll continue to run my
360-fixed-blue plus my head-torch (turned on as necessary). This seems to
keep me alive. When rock-hopping with a moon and in a group, I'll switch
them all off. I believe that these are the safe & sensible responses to the
conditions - let's hope they remain legal.

Best Regards
Paul
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From: rebyl_kayak <rebyl_kayak_at_energysustained.com>
subject: Re: [Paddlewise] Kayaks and Visibility
Date: Sat, 27 Jun 2009 14:05:53 +1000
G'Day Peter, Craig and All,

Hope I can do justice to your questions: -

ORIGIN OF THE CODE OF CONDUCT

Several years ago NSW Maritime Services, who I've always found reasonably
sympathetic to kayaking issues, asked for submissions for a code of conduct
for kayakers and rowers on Sydney Harbour. The NSWSKC and some of its members
including myself, made submissions that seem to have been effective (mine
didn't involve lighting). The need for a code of conduct came after jet skiers
had been banned from the harbour following the actions of a few renegades that
had outraged the public. I think there was also some pressure from commercial
boating interests to remove or otherwise tightly control kayakers in the
harbour. The code helped to stop this from happening.

The code of conduct can be seen on
http://www.maritime.nsw.gov.au/rec_boating/CodeOfConduct.html
<http://www.maritime.nsw.gov.au/rec_boating/CodeOfConduct.html>

As you are probably aware there have been deaths on the harbour through
boaters not showing lights and the courts can treat those responsible, if they
have survived, very severely.

DO MOST PADDLERS COMPLY

I've never done any kind of survey but am reasonably sure that the majority of
night paddles around the Sydney environs are by members of the NSWSKC. The
code of conduct follows very closely the normal practise used by NSWSKC and I
have never heard of a paddler on Sydney Harbour who did not follow that
practise. At least not one that was still alive. I'm told a couple died many
years ago. I expect there may still be a few who don't know any better.

DO MY TORCHES MEET THE 1km REQUIREMENTS

For several years I paddled at night every week and early on must have spent a
fortune on red lamps, green lamps, strobe lamps, LED torches etc. None of
which proved particularly reliable under the conditions we paddle in. Finally
I came across a $10 waterproof torch that used off the shelf parts and was
incredibly reliable. A bit heavy on the batteries but I use rechargeables for
environmental, cost and safety reasons.

http://www.whitworths.com.au/main_itemdetail.asp?item=89888&search123=torch&i
ntAbsolutePage=1
<http://www.whitworths.com.au/main_itemdetail.asp?item=89888&search123=torch&
intAbsolutePage=1>

I'm putting the link up just to illustrate the torches. I have no financial
interest in the company that makes them. Wish I did!

Never measured the distance but many of us use these torches and they are
clearly visible from a good practical distance provided your batteries are
charged. And I'd be very surprised if they were not visible at 1km. I'll check
next time I'm on the water at night.

ARE THEY EFFECTIVE AT KEEPING OTHER BOATS AT BAY

Never had any problem, haven't been sworn at by any boaters at night and not
aware of any incident reports from the club. Rock fishermen can certainly see
us coming judging by their earnest imprecations to watch out for their
"^%E$FV67%$)^%(%" fishing lines. Their was one notorious occasion .....but no
thats another story and not at all suitable for Paddllewise:~)

FLASHLIGHTS IN DAYLIGHT

Sounds like a smart judge. No requirement here to carry a flashlight in
daylight

LOCAL REDNECKS

Sounds like some smart rednecks and now I know why we've never been fined -
we're way too scary. (yeah sure:~))

NIGHT VISION

Night vision is something the groups I paddle with are very sensitive about.
The lights we use are just fine, bright enough that we can see each other and
not so bright as to cause excessive vision impairment. I would very soon find
myself not invited to a paddle if I constantly used lights that were too
bright. In this regard two lights are much better than one. Remember I quoted
180 degrees, there's a reason for that and the code of conduct states it
concisely

"Notwithstanding 3.1(a), it is considered acceptable for a light to be masked
so as not to interfere with the vision of the vessel's occupants, provided at
least one light is visible from any direction."

The torches I use implement this quite well. There's a reasonable amount of
thought gone into the way we paddle at night

DISPARATE LOCAL REGULATIONS & POWER BOATERS

If you go through the regulations I've quoted you will find that they do not
preclude ColRegs but offer in addition alternatives. It happens that these
alternatives are more practical in our waters and for the kind of paddling we
do than the ColRegs and ColRegs allows us to use them via rules 1 and 2. So
freedom to use commonsense is enhanced and we are not restricted by uninformed
regulation to dangerous practice.

I'm very sympathetic to Craig's point of view re power boaters but on the
whole they are pretty responsible on Sydney Harbour. However, the argument is
a non-sequiter as I would continue to use lights even if power boaters weren't
present, because very often I'm the senior paddler in a group and owe a duty
of care to my buddies and want to be able to locate them. (OK I take it back -
power boaters may be responsible but they aren't pretty :~))

For an example of a challenging night paddle over here, see a trip report from
one of my friends and imagine what it must be like for the trip leader with
duty of care! (not a trip I'm up to participating in at the moment). Just out
of curiosity these are the waters that Freya described as the toughest she had
paddled in, though by the time she's finished her trip we probably won't hold
that record:~) http://mattbezzina.blogspot.com/
<http://mattbezzina.blogspot.com/>  .

PAPER SOLUTIONS

It may be that Paddlewise should consider proposing more relevant rules for
sea kayakers to ColRegs, meanwhile I'm thankful that Rules 1 and 2 and our
local guidelines have given us the freedom to paddle safely at night.

Hopefully I've demonstrated that our local regulations and code of conduct are
anything but paper solutions but came about for very good reason and through
consultation with seamen kayakers who really understood what the local issues
were. As a result I'm quite possibly older than I might have been and still
allowed to paddle freely in and around Sydney Harbour. As I say thank heavens
for rules 1 and 2 in ColRegs

All the best, PeterO

The law can be an ass - but not always
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From: Bradford R. Crain <crainb_at_pdx.edu>
subject: Re: [Paddlewise] Kayaks and Visibility
Date: Sat, 27 Jun 2009 08:38:58 -0700
Quoting rebyl_kayak <rebyl_kayak_at_energysustained.com>:

> G'Day Peter, Craig and All,
>
> Hope I can do justice to your questions: -

> Never had any problem, haven't been sworn at by any boaters at night and not
> aware of any incident reports from the club. Rock fishermen can certainly see
> us coming judging by their earnest imprecations to watch out for their
> "^%E$FV67%$)^%(%" fishing lines. Their was one notorious occasion .....but no
> thats another story and not at all suitable for Paddllewise:~)

Tell us the fishing story, Peter.

Brad Crain
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From: rebyl_kayak <rebyl_kayak_at_energysustained.com>
subject: RE: [Paddlewise] Kayaks and Visibility
Date: Sat, 27 Jun 2009 19:01:33 +1000
Paul,wrote:
>At the public hearing (a few weeks ago) on kayak visibility, the Councillors
>were concerned that a 'torch displayed in time...' would be hard to do in
>rough conditions. As you might expect, we were dealing with elected
>representatives who had no kayaking experience and undoubtedly felt we were
>all flirting with disaster at the best of times.

G'Day Paul,

They don't sound dumbass to me at all. Its easy to hear a jetcat or sailboat
coming from behind at speed. It sounds like a loud crunch and its the first
and last thing you'll hear. We do have a lot of deaths on the water in NSW
from boaters not using lights. Afraid I can't condone it.

I'm curious that your practise in traffic seems to be contrary to the advice
you gave the councillors in that you continue to run your 360-fixed-blue light
as well as turning on your head torch when necessary, when kayaking solo in
traffic.

I like the idea of your headtop 360 degree light but would want it in white
light. If its reliable, visible and doesn't give fellow paddlers night
blindness then I'm in the market and I know several others who would be too.
I've seen that approach before and theres something very distinctive about a
lamp on someones head or on a mast attached to a kayak. The movement the light
makes is quite weird and distinctive from a distance and by now I'd easily
identify it as coming from a paddler. No need for multicoloured lights.

All the best, PeterO
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From: Richard Culpeper <culpeper_at_tbaytel.net>
subject: RE: [Paddlewise] Kayaks and Visibility
Date: Sat, 27 Jun 2009 06:31:51 -0400
Looky there, fellers, a space a-li-en!  Shoot it!

-----Original Message-----
[rebyl_kayak wrote]

something very distinctive about a
lamp on someones head or on a mast attached to a kayak. The movement the
light
makes is quite weird and distinctive from a distance
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From: Paul Hayward <pdh_at_mmcl.co.nz>
subject: RE: [Paddlewise] Kayaks and Visibility
Date: Mon, 29 Jun 2009 10:34:42 +1200
On Saturday, 27 June 2009 21:02 Peter wrote:

>They don't sound dumbass to me at all. Its easy to hear a jetcat or
sailboat
>coming from behind at speed. It sounds like a loud crunch and its the first
>and last thing you'll hear. We do have a lot of deaths on the water in NSW
>from boaters not using lights. Afraid I can't condone it.

I didn't mean that all local regs are dumb-ass - just that the potential is
there for less-experienced folk to make hasty rules. The draft of our
Auckland bylaw had clauses which required:
- vessel name printed on the stern - visible 50m away 
- vessel over 4m to carry charts for the area
- torch plus 2m all-round light
- all paddles to have reflective tape applied
These all applied to most kayaks (4m is 13') and all shells even though the
Committee that had drafted it hadn't realised that any of it was difficult
or impractical for these vessels. As it also applied to a small lake used
heavily after dusk and before dawn by rowing clubs and K1 paddlers
(including our Olympic Team), there were some very grumpy responses. As
power-driven vessels on the lake are limited to coaches using 2 hp motors -
and the collision incidence is zero - a little more consultation seemed to
be in order. 

>I'm curious that your practise in traffic seems to be contrary to the
advice
>you gave the councillors in that you continue to run your 360-fixed-blue
light
>as well as turning on your head torch when necessary, when kayaking solo in
>traffic.

Not really. The presence of the torch makes my kayak compliant with both the
Int.ColRegs and also our National Maritime Law. The blue light has been
proven to keep me safe in traffic far more effectively than any number of
fixed white lights.

I find that the desire to turn off the blue light (to improve night vision)
happens at about the time that traffic worries fade. When I'm working along
a series of coastal reefs in the dark, there are very few nearby jetkats or
sailboats. When I'm crossing a traffic lane in the urban harbour area, the
container wharf lighting has already totally destroyed my night vision.
Horses for courses.

I will feel less safe if required to show a permanent 360 white !  

Best Regards
Paul

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Paul Hayward_____________________ (64)-(9)-479-2888
microMATION CONSULTANTS LTD________mob: 021-585-521
POB 101-257 NSMC, Auckland______________New Zealand
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From: Saul Kinderis <saul_at_isomedia.com>
subject: Re: [Paddlewise] Radar, Kayaks and Visibility Study
Date: Wed, 24 Jun 2009 13:31:34 +1200
I have found that staying alert and out of the way as much as possible is
important, I usually scan the horizon and look at the boats that are on a
collision heading to detrmine my best path and determine if I can cross
before they get there. Sometimmes if theyt don't seem to be maintaining a
steady heading, I try my VHF so that we can discuss who should pass who,
sometimes I get an answer from them, other times I don't and have to
decide between wating in place, turning back or sprinting accross. I used
to be able to "escape" powerboats by getting to the edge of a rock garden,
but find that with the currrent GPS navigation systems in some powerboats,
that they have programmed in a route on a clear day that takes them just
off the rocks and can run full speed in a fog, which makes my shelters
more difficult to use ;-)

Saul

Saul Kinderis
saul_at_isomedia.com cell 206.313.0107

http://www.isomedia.com/homes/saul
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From: Paul Hayward <pdh_at_mmcl.co.nz>
subject: RE: [Paddlewise] Kayaks and Visibility
Date: Wed, 24 Jun 2009 13:31:34 +1200
> actively echo back the radar pulse somewhat amplified
> ... it might be worth exploring,
	
These do already exist - for example:
www.speedseal.com/seame/howseameworks.htm

These cost about $900 US and work for 3cm radar (not 10cm) - consuming
almost no power when 'listening' and about a quarter amp at 12V when
responding - so they are probably viable on a reasonable kayak battery.

So, depending on the flavour of radar most used in your environment, they
might be worth having - if you paddle in foggy shipping channels. At night,
a set of bright nav lights might be a better investment.

Best Regards
Paul

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microMATION CONSULTANTS LTD________mob: 021-585-521
POB 101-257 NSMC, Auckland______________New Zealand
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From: rebyl_kayak <rebyl_kayak_at_energysustained.com>
subject: RE: [Paddlewise] Kayaks and Visibility
Date: Sun, 28 Jun 2009 14:48:32 +1000
Richard wrote

>Looky there, fellers, a space a-li-en! Shoot it!

G'Day Richard

Oh my, but theres a heap of wisdom in those few words. Over here we don't have
guns just hoons who throw bottles! So guess I'll have to aspire to not looking
weird on the water. Still leaves the problem of the land though!

All the best, PeterO
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From: rebyl_kayak <rebyl_kayak_at_energysustained.com>
subject: RE: [Paddlewise] Kayaks and Visibility
Date: Fri, 26 Jun 2009 16:56:02 +1000
G'Day Paul and Craig,

Thanks for this discussion and Paul for the lighting analysis and potential
solution, something to think about.

Back to ColRegs: -

If there's no room for interpretation by a local maritime authority then
ColRegs seems to be imposing two unsafe alternatives on kayakers. Either run
the risk of night blindness in a group because of multiple lights capable of
being seen at 2 to 3 miles. Or use a torch or lantern and trust that in choppy
water in the dark, it can be found and switched on in time to avoid a
collision with a fast moving sail or powerboat.

I use two lights fore and aft because that way I get 360 degree illumination
while retaining an ability to roll. As mentioned previously, these are
relatively low luminance torches to avoid night blindness in myself and my
paddling buddies. This complies perfectly with our club regulations, those of
NSW Maritime and with ColRegs because of rules 1 and 2. Thank heavens that NSW
Maritime and our local insurance company allows this. Fortunately it's also
very clear that the ColRegs allows the use of local judgement and doesn't
intend to encourage unsafe practise.

Reference Rules 1 and 2 of ColRegs "Application" and "Responsibility" copied
below:-





Rule 1

Application

(a) These Rules shall apply to all vessels upon the high seas and in all
waters connected therewith navigable by seagoing vessels.

(b) Nothing in these Rules shall interfere in the operation of special rules
made by an appropriate authority for roadsteads, harbors, rivers, lakes or
inland waterways connected with the high seas and navigable by seagoing
vessels. Such special rules shall conform as closely as possible to these
Rules.

(c) Nothing in these Rules shall interfere with the operation of any special
rules made by the Government of any State with respect to additional station
or signal lights or shapes or whistle signals for ships of war and vessels
proceeding under convoy, or with respect to additional station or signal
lights for fishing vessels fishing as a fleet. These additional station or
signal lights or whistle signals shall, so far as possible, be such that they
cannot be mistaken for any light, shape, or signal authorized elsewhere under
these Rules.

(d) Traffic separation schemes may be adopted by the Organization for the
purpose of these Rules.

(e) Whenever the Government concerned shall have determined that a vessel of
special construction or purpose cannot comply fully with the provisions of any
of these Rules with respect to number, position, range or arc of visibility of
lights or shapes, as well as to the disposition and characteristics of
sound-signaling appliances, such vessel shall comply with such other
provisions in regard to number, position, range or arc of visibility of lights
or shapes, as well as to the disposition and characteristics of
sound-signaling appliances, as her Government shall have determined to be the
closest possible compliance with these Rules in respect to that vessel.

Rule 2

Responsibility

(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.

(b) In construing and complying with these Rules due regard shall be had to
all dangers of navigation and collision and to any special circumstances,
including the limitations of the vessels involved, which may make a departure
from these Rules necessary to avoid immediate danger.



All the best, PeterO
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From: Paul Hayward <pdh_at_mmcl.co.nz>
subject: RE: [Paddlewise] Kayaks and Visibility
Date: Fri, 26 Jun 2009 21:03:19 +1200
[Please remove all old content that is not pertinent to your reply
including old headers and footers.  It's list policy.... 
this post was modified to meet policy]

Peter 

Thanks for the insight on the situation in NSW.

As I understand it, the NSW (State) Government has put out a 'Code of
Conduct' for rowers & paddlers which, although un-enforced, explicitly
claims to be a standard for 'good seamanship'. Having stated this
officially, there is little doubt that any civil or coroner's court would
frown an anyone not meeting this C-of-C's standards. 

That is an interesting approach - and one I've not encountered before. In
this area, regulators usually set themselves up to issue deterrents of the
'speeding ticket' type - of an immediate & painful nature - rather than
simply wait for a court to chastise the survivors ;-)

Do most night-time paddlers comply ? 
Do your 'relatively low-luminance' lights meet the 0,54 nm (1 km)
requirements ? 
Do you find them effective at keeping other boats at bay ?

Best Regards

Paul
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From: Craig Jungers <crjungers_at_gmail.com>
subject: Re: [Paddlewise] Kayaks and Visibility
Date: Fri, 26 Jun 2009 08:59:38 -0700
On Fri, Jun 26, 2009 at 2:03 AM, Paul Hayward <pdh_at_mmcl.co.nz> wrote:

>
> Do most night-time paddlers comply ?
> Do your 'relatively low-luminance' lights meet the 0,54 nm (1 km)
> requirements ?
> Do you find them effective at keeping other boats at bay ?
>
>
The answer to these would be interesting. I'd also like to know how these
lights affect their vision at night (and the vision of anyone paddling near
them). But I cannot see how any steady light mounted anywhere on a kayak
could help but interfere with night vision. Your blue light is great for
being seen but terrible for your night vision, by the way. There is a reason
we have red lights on the bridge at night.

I have a lot of problems with these disparate local regulations. One problem
is that it makes it more difficult to know what rules to follow. Another
problem is that they are seldom written by people who have any experience in
the field they are attempting to regulate. But my major problem is that it
seems that local jurisdictions are finding it easier to target kayakers than
to target powerboaters. Imagine the uproar if a municipality decided to
require all pedestrians to wear special vests during the day and lights at
night because that made them more visible to drivers.

Requiring a kayak to have TWO white lights seems to me to be targeting the
potential victims because targeting the potential perpetrators is too great
a task. And it's easy because to the average citizen (and even, apparently,
to some kayakers) it's just common sense to make a kayak have lights; and
the more the better. But there are already rules requiring mariners to
operate their vessels at safe speeds and in a safe manner. Why not just
enforce these?

Politicians certainly love paper solutions. They can point to their
"solution" and proudly claim that they did something to stop the problem of
kayakers being run over by powerboats. Then they can use that to get
re-elected.

The average person already thinks kayakers are crazy people too stupid to
know how to be safe so we make easy targets. This is why I prefer to have
one set of rules (the ColRegs) applicable everywhere. It eliminates the
knee-jerk reaction of passing a rule after a local accident. Once you have
international regulations you can then use education - and the enforcement
of existing rules - to begin to solve the problems.

Craig Jungers
Moses Lake, WA
www.nwpaddling.net
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From: rebyl_kayak <rebyl_kayak_at_energysustained.com>
subject: RE: [Paddlewise] Kayaks and Visibility
Date: Wed, 1 Jul 2009 22:22:46 +1000
G'Day Craig and Paul,

Just to answer and clarify

NORMAL PRACTICE

I'm speaking only for what is done in NSW and only for what is done with
kayaks.

LIGHTS, OARS, PADDLES AND RULE 22

Re flashing lights on boats Craig - I do agree with you I think this option is
confusing and unnecessary

Re my lights. They are made from waterproof torches with 180degree beam. I've
used rechargeable NiMH cells, which have many advantages including a slightly
lower voltage. This reduces the light somewhat to avoid night blindness. My
reference to night blindness had nothing to do with the Col Regs or defining
negatives, it simply indicated that the lights were fit for purpose.

Re oars and paddles - maybe it is a bit of a stretch, but the fact is that
several accidents in NSW have involved rowing sculls, which are traditionally
paddled backwards and are very popular over here. Again it's the local factor
coming into play. Fondly remember my Grandad (a salvage diver - fisherman)
describing how to row forwards in the sea, never done it myself but thanks for
that sweet memory:~)

With respect to rule 22(d) I actually did mean that rule. Do kayaks come
closer to being a vessel under oars or closer to being <an inconspicuous,
partly submerged vessel> Would that distinction have any relevance in the
unlikely event the ColRegs were expanded to include kayaks? I suspect not.

Re slower boats on the harbour - I wish! OTOH 14 foot skiffs literally flying
on their winged keels is a sight to behold:~)

NOT JUST A GUIDELINE

One approach to understanding the ColRegs is to take the rules as a whole not
just each rule in isolation. This may not always be appropriate but does apply
for inadequately described boats such as kayaks, in waters where particular
local conditions apply and where in those waters there is a very well
established practise. It is in this sense that I say the NSW rules are
consistent with interpreting Rules 1, 2 and 25 holistically.

I don't think any of my kayaking mates object to the NSW Maritime rules
particularly. My reason for entering into the debate was that the question was
asked several times why did NSW have these additional codes and rules? And I
happened to know the answer. Anyway we've gone over this quite a few times and
I'm pretty sure you know where I'm coming from in respect of busy harbours and
ports in NSW. I can understand the desirability of consistency but I think
building a modicum of adaptability into rules is worthwhile and seems to me
the ColRegs are a good example of where this has been done effectively through
rules 1 and 2.

All the best, PeterO
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