Interpreting NSW Maritime law

Author: josh

Category: Safety & navigation

Created on Friday, 25 February 2011 20:52

Written by Josh

I'm ever so thankful that the maritime officer threw me a handbook on the 2010-2011 NSW maritime laws when I was pulled up out at sea on the weekend, because it's helped me get to the bottom of current laws, which needed to happen. Not just because I sell kayaks for a living, or because I write for a kayak fishing website (and magazines), but also so I know where I truly stand when maritime officers do decide to pull me up and start asking questions.  

In the incident in question, although civil and polite the entire time, the maritime officer asked me a lot of probing questions about the safety gear I had on board. For the most part my responses seemed to satisfy him, but at the same time, it felt like he was ready to pull out the ticket book had I not been able to satisfy those requirements. But now after looking a lot closer at the laws, it wouldn't have mattered if I didn't have almost all of the safety gear that I did (or was discussed) because the fact is, kayaks and 'off the beach' vessels are in fact exempt from almost all of the laws that relate to power boating, or sailing larger vessels. The basic reason I was given for this is because it's not really convenient, let alone plausable to be carrying most of that equipment, and thats very true.

For example... what use is a V-sheet on a kayak? Thats right... none. And a paper chart on a kayak? If you're in a kayak and have lost sight of land then a paper chart isn't going to help you. And pulling it out on the kayak is only going to result in paper mache anyway. And pray tell officer, where should I store a fire extinguisher on my kayak? Thats right - you simply can't. So for these sorts of reasons, a lot of the boating safety laws do not apply to kayaks. 

The Adventure Island when used as a trimaran really isn't anything different. At worst, a trimaran of that size and configuration can only be classifed as an 'off the beach vessel', which is to say, non-ballasted, non-fixed keel vessel that is typically launched from the beach. And the same 'modified requirements' classification of kayaks applies. 

I am taking all of this from the NSW maritime handbook and have discussed its contents verbally with a maritime officer over the phone. It's all pretty clear, pages 12, 13 and 14. And it's impossible to read it any other way other than to appreciate that even if a maritime officer was to book you for not meeting requirements listed in the safety table, it would be laughed out of court. And if I'm wrong about my interpretation in any way shape or form, even the worlds worst lawyer could simply argue that the handbook is vague and misleading. However, now after looking at it, I don't actually believe that it is. I think it's fairly clear and I also think that fior the most part, it all makes a lot more sense than I was expecting to find. 

That all said, I do not think this should be taken as a cue by anyone to neglect any safety measures that one can undertake. I should also add that the modified requirements do not include PFD laws, which are also pretty clear. They are as follows: When kayaking, a PFD 1, 2 or 3 must be worn at all times if more than 100 metres from shore. And if a bar crossing is involved, you best be wearing a type 1 vest, which unfortunately, is about the worst vest one can wear on a kayak. It should also be noted that at least 2 litres of drinking water has to be carried by all vessels for every person when boating off shore, regardless of the boat being used.    

I will be pursuing this topic, chasing comment from officials on my interpretations, including from the officer who pulled me up on the weekend. I'm rather curious to find out whether or not he is familiar with the laws he is employed to police, because after the conversation we had, I have my doubts.