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New lifejacket laws proposed for NSW

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Created by Jethrow > 9 months ago, 8 Nov 2009
Jethrow
NSW, 1274 posts
8 Nov 2009 11:15AM
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Hi all

Have you seen this

www.sail-world.com/Australia/Public-comment-sought-on-new-NSW-lifejacket-laws/63019

The sailbaord needing lifejacket in ocean waters caught my attention.

Richiefish
QLD, 5610 posts
8 Nov 2009 10:59AM
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the PFD manufacturers must have bought the ear of the minister. what next, surfboard riders ? swimmers ??

stehsegler
WA, 3547 posts
8 Nov 2009 9:38AM
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So the lifejacket laws for the Sailboard category was introduced in 1974. Now they are looking at tightening the laws even further making it mandatory to wear a lifejacket everytime you go out into the ocean.

Just shows how disconnected our lawmakers are from the reality of many sailing sports.

Perhaps an official response to this should be lodged via the various windsurf associations (eg. NSW Wavesailing, the formula guys etc.)

There was actually study done in Europe in response to similar laws in Italy where the police is know to impose heavy fines for none compliance. The outcome of the study showed that wearing a buoyancy aid was actually limiting the survival chances of a windsurfer in distress. The argument was that an any type of buoyancy vest makes safe swimming in a surf zone nearly impossible. I'll see if I can find the study online.

Otherwise I can already see the council parking inspectors having their jurisdiction extended to include writing tickets for windsurfer and kite boarders not wearing a lifejacket.

What would be really interesting to see was how many of the cases (of the 174 fatalities) where alcohol consumption had played a role.

kato
VIC, 3507 posts
8 Nov 2009 2:16PM
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The few times that i have been forced to wear a life jacket have resulted in...almost drowning by being hooked in and traped under the sail. I struggled to sink down enough to un hook the harness.The other... i couldn,t swim fast enough to catch the gear as it cart wheeled down wind, in the end i ditched the life jacket swam after the gear,got it and the life jacket washed ashore latter.
-Life jackets will keep you afloat
-They make it harder to swim quickly
-They won,t save you if you,re knocked out ,true for most vest style
-They can help with water starting,but so will a good technique
-Its easier to spot the gear in the water than a person
-They keep you warm when night sailing and the only time i use one

174
NSW, 190 posts
8 Nov 2009 7:59PM
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Did anyone manage to find the discussion paper/feedback form on the NSW maritime site so we can comment?

sailquik
VIC, 6165 posts
8 Nov 2009 9:28PM
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You might look up the Victorian law to use as an example. They specify that in certain places, close to shore and surf for example, as long as you are wearing a wetsuit you do not need to wear a buoyancy vest (The reasoning is that the wetsuit has about the same buoyancy as a vest - which it does.) Submissions were made to this effect by individual windsurfers, the wavesailing clubs and Windsurfing Vic from what I remember, last time our laws came up for review. Thankfully, sense prevailed.

stehsegler
WA, 3547 posts
9 Nov 2009 7:39AM
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ofcourse wearing a wetsuit as an alternative only works in winter or if you live in Victoria ;-) anywhere else in the country you'll be dying of heat exhausting if you wear anything more than board shorts and a rashy.

sailquik
VIC, 6165 posts
9 Nov 2009 11:05AM
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stehsegler said...

ofcourse wearing a wetsuit as an alternative only works in winter or if you live in Victoria ;-) anywhere else in the country you'll be dying of heat exhausting if you wear anything more than board shorts and a rashy.




Ahhh,... yep, fair enough!

JayBee
NSW, 714 posts
9 Nov 2009 12:41PM
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Document is on

www.rms.nsw.gov.au/maritime/index.html

stehsegler
WA, 3547 posts
9 Nov 2009 10:24AM
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done... filled in the request for comment questionnaire: www.rms.nsw.gov.au/maritime/index.html

Made my point that a windsurfer wearing a lifejacket could easily get into distress because they could get separated from their board after a fall.

Instead I recommended they should publish some guidelines around on water safety... eg. what type of clothing to wear (ie. wetsuit in winter, rashy in summer), rules around who has right of way on the water, etc. etc.

and publish that in an easy to understand none bureaucratic blah blah.

sailquik
VIC, 6165 posts
12 Nov 2009 2:13PM
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The comparison table published by the NSW authority is incorrect and misleading. Their proposed laws are NOT equivalent to what is in place in Victoria!

Here is a quote from the victorian regulations:

If I am operating a kite board or sail board do I have to
wear a PFD?


The requirement to wear a PFD does not apply whilst operating
a kite board or sail board providing you are no more than 400 m
from shore and are wearing a wetsuit that is at least 3 mm thick.

174
NSW, 190 posts
12 Nov 2009 2:49PM
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JayBee said...

Document is on

www.rms.nsw.gov.au/maritime/index.html


thanks - just got my comments in.

sailquik
VIC, 6165 posts
12 Nov 2009 3:01PM
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I sent them an email:
The proposal to mandate lifejacket wearing for Windsurfers beyond 100m from shore is short sighted and shows a lack of understanding of the safety situation when operating a windsurfer. The current laws mandating the distance as 400m from shore are reasonable and allow this in large waves and surf to enjoy their sport safely. The wearing of a lifejacket in this situation can actually be life threatening in itself. A windsurfer in larger waves and surf must have the mobility to swim fast (to retrieve his gear and dive under waves in the exact same way as a surfer. Wearing a lifejacket would dramatically increase the risk. No self respecting windsurfer could comply with such a regulation.
Most windsurfers would have personal buoyancy in the form of a wetsuit which is enough to promote flotation without impeding swimming mobility.
Further, there is much experienced evidence that wearing a vest after a catapult crash on a windsurfer can trap the sailor under his rig as the extra bulk and buoyancy does not allow him to unhook and free himself from the harness lines. Any experienced windsurfer can recount experiences where this would be a problem and where a sailor could be put in a position where drowning was a strong possibility.
It is important to point out that by its nature a windsurfing board is a floatation device. They are all sealed and have built in buoyancy that can easily support a swimmer. If the board is being moved away by the wind and waves faster than a swimmer can move because of the drag of a vest it is more dangerous. In almost all situations a capsized windsurfer will have it's rig attached which will slow its drift to below unhindered swimming speed, even in quite strong winds. Experience shows that an average swimmer, hindered by the drag of a buoyancy vest can have difficulty moving at even this slow speed to retrieve the board.
Most safety conscious windsurfers wear a helmet which is great protection against accidental unconsciousness The combination of helmet, wetsuit and the inherent buoyancy of the windsurfing board negates any advantage of a lifejacket and actually makes risks of drowning and injury higher when wearing a lifejacket in many situations.

There should be meaningful consultation with Windsurfing user groups to arrive and realistic safety strategies before any new laws are introduced.

Also, your summery table comparing lifejacket laws in other states is misleading and incorrect regarding the Victorian laws which are much more like the current NSW laws for windsurfing:
Quote from Victorian information from the Maritime safety organisation:
"The requirement to wear a PFD does not apply whilst operating
a kite board or sail board providing you are no more than 400 m
from shore and are wearing a wetsuit that is at least 3 mm thick."

Regards, Andrew Daff
Windsurfing Instructor and competitor for 25 years

Ellobuddha
NSW, 625 posts
12 Nov 2009 3:12PM
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There is a similar thread on the kiteboarding forum. There are numerous submissions being placed by kiters as well.

DARE I SAY IT - Some collaboration between the two sports on the issue wouldnt be a bad thing.

ka43
NSW, 3093 posts
12 Nov 2009 3:33PM
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In yesterdays Manly Daily (Sydney northern beaches) the article stated that windsurfers must wear an approved life vest if over 400m from the beach.
How the bloody hell are the authorities going to measure whether you are under or over 400 meters from shore??
Daffy's email makes perfect logical and practical sense but that is one thing most councils, law makers and government bodies know little about.

There are no where enough officials to enforce the people stealing sea life off our local aquatic reserves and beaches let alone policing laws such as proposed!!!!!!

Windxtasy
WA, 4017 posts
12 Nov 2009 12:41PM
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ka43 said...

In yesterdays Manly Daily (Sydney northern beaches) the article stated that windsurfers must wear an approved life vest if over 400m from the beach.
How the bloody hell are the authorities going to measure whether you are under or over 400 meters from shore??
Daffy's email makes perfect logical and practical sense but that is one thing most councils, law makers and government bodies know little about.

There are no where enough officials to enforce the people stealing sea life off our local aquatic reserves and beaches let alone policing laws such as proposed!!!!!!


Unless they are writing waterproof tickets they hand to you from a boat or jetski, they are going to have to wait until you get back in to shore to fine you anyway, by which time you are no longer outside 400m from shore...
I can see this leading to compulsory registration so sail numbers will identify offenders.

Windxtasy
WA, 4017 posts
12 Nov 2009 12:43PM
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An excellent submission Sailquik.
It's good to see someone actually making an official submission not just complaining about the issue.

DunkO
NSW, 1147 posts
12 Nov 2009 7:25PM
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what happened to inderviduals taking responcibility for there own safety. has society degressed so for that we need more laws in place to ensure we protect ourselves from our own decisions.

let them make there silly laws, it will be fun telling the rangers where to stick there fines.



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"New lifejacket laws proposed for NSW" started by Jethrow