RE: [Paddlewise] Kayaks and Visibility

From: rebyl_kayak <rebyl_kayak_at_energysustained.com>
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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Received on Wed Jul 01 2009 - 04:19:15 PDT

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