RE: [Paddlewise] Kayak Navigation Lights

From: Paul Hayward <pdh_at_mmcl.co.nz>
Date: Fri, 26 Mar 2010 23:45:28 +1300
Craig - happy to agree to disagree - have enjoyed the discussion.

Having just participated in a major battle (in support of kayakers against
our metropolitan authority) to keep kayak visibility (day & night-time) from
being over-regulated, it has been refreshing to debate it from the other
side ;-)

We successfully defeated regulation requiring coloured clothing & equipment
(daytime) and a continuous all-round white light (night). One of the senior
people from our National Maritime Authority spoke in favour of the local
regulation and expressed their wish to see it introduced nationally for all
VuO. It may come to that someday - but for now they are reduced from
'requirements' to 'recommended practice'.

As they are (in theory, anyway) not allowed to run directly against the
CollRegs (International Treaty) - they must have reconciled this with their
interpretation of the CollRegs lighting requirements. I know that some
jurisdictions in Australia have already implemented lighting regs for
kayaks.

In a Paddlewise discussion some months ago, somebody brought up a question
as to how the CollRegs (International) could be 'trampled on' or overruled
by a local regulation. That was a good question - and I resolved to find an
answer.

After the resolution of our recent war, a friendly coffee with the
Harbourmaster gave me the opportunity. He smiled and said that about 20
years ago most of the regional authorities had quietly extended their
'Harbour Limit' jurisdictions out to the national maritime limit and along
the coastline to the extent of their land domain. So that there were very
few bits of NZ water remaining that were not officially in somebody's
'Harbour'.

The CollRegs, of course, explicitly allow local authorities to make local
rules that can extend or change the CollRegs within Harbours ;-) 

(That's in the first 50 words of Rule 1 of the CollRegs and it lists
Harbours, Roadsteads and Inland Waterways - so it didn't really intend local
authorities to have open slather on making their own rules...)

Seems the actual reason for it here (at least the politically acceptable
reason) was that people wanted their local authorities to police Jetskis !
The authorities got fed up telling irate citizens that their coastal bays
were outside local jurisdiction - so the authorities decided to bring them
all within local jurisdiction, by extending the Harbourmasters' limits. 

I wonder if there are similar situations in Florida or Maine - with coastal
recreation areas that once fell outside working 'Harbours'; but which have
now been pulled into the extended zone of a nearby Harbour - to allow local
restrictions to suit the local burghers. 

Best Regards
Paul Hayward, Auckland, New Zealand
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Received on Fri Mar 26 2010 - 03:46:28 PDT

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