RE: [Paddlewise] Australian state (even more) severely restricts kayaking

From: Joe P. <jpylka_at_earthlink.net>
Date: Sun, 11 Oct 2009 10:58:18 -0400 (GMT-04:00)
Oh, I don't think the Antipodes have a lock on nautical idiocy...  Here in the US we have NASBLA, compounded by a general trend of state legislators to forget how to think about what they are legislating.  If they are handed something already done and it sounds like a good idea, they're liable to enact it.  In the case of National Association of Safe Boating Law Administrators, this winds up promulgating serious errors all over the country.

Case in point:
(See  
http://www.nasbla.net/pdf/Model%20Acts/new/EPIRB-PLB-VHF%20Radio%2092105.pdf
for this one...)
This act was approved by the membership of the National Association of State Boating Law
Administrators on Sept. 21, 2005. Originally requested of NASBLA by the National Boating
Safety Advisory Council at its October 2004 meeting, the model was developed by the NASBLA
Boats & Associated Equipment Committee after reviewing legislation adopted in Hawaii in
2003.
The provisions of this NASBLA model act require recreational vessels more than one mile off
shore to be equipped with a properly functioning Emergency Position Indicating Radio Beacon
(EPIRB), Personal Locator Beacon (PLB), or VHF-FM radio. The model exempts certain
watercraft when closely accompanied by a vessel in compliance with the act.

9 (b) Canoes, kayaks, personal watercraft and training sailboats shall be exempt from this act
10 when closely accompanied by at least one vessel that complies with Section 4 of this act.

1 Section 4. [EPIRB-PLB-VHF-FM Radio Requirement.] No person shall operate any vessel
2 described in Section 3(2) of this act unless the vessel is equipped with a properly functioning
3 fixed mount or handheld marine VHF-FM radio (156-162 MHZ band) [within 20 miles of
4 shore], emergency position indicating radio beacon (EPIRB), or personal locator beacon (PLB)
*******************

NASBLA has essentially no experience with self-powered craft but has enough chutzpah to assume it can legislate for us.  Fortunately there are people out there with better judgement who have to deal with this.  Otherwise one recommendation of theirs a few years ago would have required all of us to keep on board Anchors -- and use them.

Joe P.
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Received on Sun Oct 11 2009 - 07:58:30 PDT

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