Public comment sought on new NSW lifejacket laws

'These measures are a breakthrough and should be supported. These are common sense guidelines for when to wear a lifejacket while boating. They combine two factors that contribute to drowning while boating -- activity and conditions.'

'Wearing a life jacket will be mandatory when engaged in a risky activity like waterskiing. In conditions of bad weather, or big seas, of if boating at night or boating alone, risk is heightened and lifejackets should be worn.

'The guidelines are revolutionary in Australian boating law because they involve common sense, assessment of risk and better education to prevent accidents.'

Boating Industry Association of NSW General Manager Roy Privett:
'BIA welcomes this opportunity to look at lifejacket safety requirements. This is a chance for the industry and boat skippers to review essential responsibilities, usage considerations and heightened safety measures for recreational boaters.'

Maritime Ministerial Advisory Council Chair Darren Vaux:
'The discussion paper appropriately addresses the need to consider times of heightened risk when boating. I feel this is a responsible way of addressing the need to wear lifejackets at appropriate times.'

'It also takes the successful You're the Skipper - You're Responsible safety campaign and extends it in a bid to improve safety without being a burden on people who go boating.'

NSW Advisory Council on Recreational Fishing Chair Bruce Schumacher welcomed the discussion on lifejackets, as well as the discussion on rock fishing safety.

Lifejacket wear history - NSW
1975: The Boating Safety (Equipment) Regulations were introduced and did not include any compulsory wearing of lifejacket requirements;
1976: Compulsory wearing of lifejackets on canoes and kayaks if more than 400 metres from the nearest shore was introduced;
1 February 1997: Compulsory wearing of lifejackets for all onboard a personal watercraft (PWC aka jet skis) was introduced;
1 October 2003: Compulsory wearing of lifejackets for all persons on recreational vessels crossing ocean bars was implemented;
. Only 2 fatalities since introduction for vessels crossing ocean bars
. In period 1992 to 2003 there were 14 fatalities

Major changes in other states
o On 1 January 2001 Tasmania introduced the compulsory wearing of lifejackets on any power driven vessel under 6 metres that is underway (but not required to wear when within a deckhouse, cabin or secure enclosed space). Children under 12 years of age are required to wear a lifejacket on any power driven vessel of any size that is underway.

o In December 2005 Victoria lifejacket regulations changed to make it compulsory to wear a lifejacket when in an open area of a vessel to 4.8 metres that is underway, and when on a PWC, canoe, kayak, rowing boat, kite board, sailboard, tender, off-the-beach sailing vessels and pedal/fun boats. Lifejackets are also to be worn during times of heightened risk when on yachts and power driven vessels under 12 metres.

The Discussion Paper and online feedback form can be found at www.maritime.nsw.gov.au or by enquiring at NSW Maritime offices. Comments close on Friday 8 January 2010.

by NSW Government Media

6:00 AM Sat 7 Nov 2009 GMT

'Current and Proposed Compulsory Lifejacket Wearing Requirements NSW 2009' NSW State Government

Ports and Waterways Minister Joe Tripodi today called for public comment on proposals that would see the most sweeping reforms to lifejacket rules in more than 30 years. Launching a discussion paper canvassing new categories for compulsory wearing of lifejackets, Mr Tripodi said the reforms are aimed at recreational boaters in situations of heightened risk, especially children and boaters in tinnies.

'We are not looking at making the wearing of lifejackets compulsory at all times because not all boating activity has a similar risk,' Mr Tripodi said.

'For example, taking a tinnie offshore has a significantly higher risk than sitting inside a motor cruiser in a quiet bay.

'We're not about taking the fun out of boating. However we want boating to be enjoyable but safe and we know if there is an accident a lifejacket can dramatically increase your chance of survival.'

Of the 174 boating fatalities in NSW in the last 10 years, just over half resulted from a person falling overboard or a vessel capsizing. Drowning has been the primary cause of death and only 7% of victims were known to have been wearing a lifejacket.

Currently in NSW it is compulsory to wear a lifejacket when:
. crossing a coastal bar;
. riding on a personal watercraft (eg. jet ski);
. engaged in tow-in surfing; or
. on a canoe, kayak, windsurfer or kitesurfer when 400m or more from shore.

Proposed Changes
It is proposed the minimum requirement would be for a lifejacket to be worn:
. by children less than 10 years old in a vessel less than 4.8 metres in length;
. by children less than 10 years old when underway in the open area of a boat less than 8 metres;
. when waterskiing or wakeboarding;
. when in a vessel less than 4.8 metres in heightened risk situations such as at night, when alone, and on ocean waters;
.when operating an off-the-beach sail craft in ocean waters; on small recreational craft such as kayaks and sailboards, at all times in ocean waters and when more than 100 metres from shore in sheltered waters;
.when in a vessel less than 4.8m on alpine lakes; and at times of 'Skipper Judgement and Direction' - this approach would give a skipper the right to require passengers to wear a lifejacket if, for example, a change in the weather heightened the risk of a routine boating trip.

The proposals represent the biggest changes to boating safety since the Boating Safety (Equipment) Regulations were introduced in 1975.

Mr Tripodi said the current 'coastal bar crossing' regulation for boaters demonstrated how lifejackets can save lives.

'In the six years since the lifejacket requirement for bar crossings was introduced there have been two fatalities on bars compared to 14 in the preceding 11 years.'

Mr Tripodi announced the discussion paper will also seek comment on safety issues surrounding rock fishing, including whether lifejackets should be compulsory in certain conditions.

'While NSW Maritime doesn't have a role in rock fishing safety, and regulation would not be easy, stakeholders have asked us to include the issue for discussion.

'So far in 2009 nine people have drowned while rock fishing and this is simply too many.'

Comments by stakeholders
Boat Owners' Association President Michael Chapman: