Fined for no Life Jacket at Victor

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Kam75
Kam75
SA
30 posts
SA, 30 posts
26 Jan 2012 10:50pm
Hi

I was lucky enough to be fined today at Victor Harbor for not wearing a Life Jacket while Kiting there. Lucky me.

I was at Kent Reserve, and came in to change my kite, when out behind a tree came the Marine Officer, who proceeded to have a friendly chat, then eventually got my details, and once he had these, his mood changed.
He basically said I needed a good excuse to avoid a fine, so I said that hardly anyone wears them (I've seen about 10 people wearing them in 4 years of kiting), and I'm a nice guy, and been pleasant enough with you, and his reply to that was that the kiting community is very small so there aren't many kiters out there, that's why not many people wear them????

He claims to have been on seabreeze educating the kiters about wearing life jackets. I did a quick search and couldn't find anything, is there posts on this????

How much is the fine, does anyone know??????, as he didn't know, but said it's around $200. God knows why he wouldn't know, its his job, he should know.

Anyone else been fined too, or am I just the lucky one?????

Lastly, that's the first time in 23 years of windsurfing, and kiting that I have ever seen a marine and harbors officer at the beach. One would think I could have gotten off with a warning, considering it really isn't policed that regularly, I was polite and friendly to him, and said I would go and buy one.

I think the guy was on a power trip, trying to make himself feel important. When I was at the local store buying a life jacket, not too many people had anything positive to say about him.
EB
EB
SA
492 posts
EB EB
SA, 492 posts
26 Jan 2012 11:40pm
Here it is, may as well refire it up here.Got the dancers worked up in 4 pages of joy. Happy reading.

www.seabreeze.com.au/forums/Windsurfing/South-Australia/Yes-you-need-to-wear-a-Personal-Floatation-Device/

Saw him annoying crew on the river also. Hate to have his job. Couldn't pay me enough. Rather work at McDonalds as a chef.
I'm lucky I only kite at night these days he would have to be on the double bubble to catch me.[}:)]
By the way sorry about your bad luck.





Kam75 said...

Hi

I was lucky enough to be fined today at Victor Harbor for not wearing a Life Jacket while Kiting there. Lucky me.

I was at Kent Reserve, and came in to change my kite, when out behind a tree came the Marine Officer, who proceeded to have a friendly chat, then eventually got my details, and once he had these, his mood changed.
He basically said I needed a good excuse to avoid a fine, so I said that hardly anyone wears them (I've seen about 10 people wearing them in 4 years of kiting), and I'm a nice guy, and been pleasant enough with you, and his reply to that was that the kiting community is very small so there aren't many kiters out there, that's why not many people wear them????

He claims to have been on seabreeze educating the kiters about wearing life jackets. I did a quick search and couldn't find anything, is there posts on this????

How much is the fine, does anyone know??????, as he didn't know, but said it's around $200. God knows why he wouldn't know, its his job, he should know.

Anyone else been fined too, or am I just the lucky one?????

Lastly, that's the first time in 23 years of windsurfing, and kiting that I have ever seen a marine and harbors officer at the beach. One would think I could have gotten off with a warning, considering it really isn't policed that regularly, I was polite and friendly to him, and said I would go and buy one.

I think the guy was on a power trip, trying to make himself feel important. When I was at the local store buying a life jacket, not too many people had anything positive to say about him.


Backflip
Backflip
SA
113 posts
SA, 113 posts
27 Jan 2012 12:23am
I recon ive come across the same fun police & yep he was a full on power tripper!!!
To me as a kitesurfer a PFD is more dangerous to wear than not!!
As adults you would think we are capable of making our own decisions weither to wear one or not
Sorry to hear you got stung by the FUN POLICE, Bummer dude...
Maybe he was just spewing because he had to work the Australia day shift & by ruining your day he feels AWESOME now!!
Transition_Surf
Transition_Surf
SA
286 posts
SA, 286 posts
27 Jan 2012 9:02am
Unlucky... the fine is $220 according to another rider who got stung at the Murray Mouth.

seasquirrel1
seasquirrel1
SA
16 posts
SA, 16 posts
27 Jan 2012 9:50am
Bad luck mate that was an expensive session.
Only problem in making up a name is what happens when you need to pack up and get in your car. He's going to see your number plate.

My question is about the PFD (personnel Flotation Device) these are designed to keep you afloat, but you need to be a pretty good swimmer to kiteboard/windsurf anyway. They wont help you if you are knocked unconscious. A life jacket has the buoyancy around your front and neck but would be completely impractical to ware. So whats the point.

I could be wrong. Any comments?

Still if it started to be policed I would reluctantly buy one
ramjet
ramjet
SA
28 posts
SA, 28 posts
27 Jan 2012 9:56am
He sounds like the sheriff in the dukes of hazzard.He might be working for Boss Hog.
DaGodfather
DaGodfather
SA
280 posts
SA, 280 posts
27 Jan 2012 11:54am
According to the document below the expiation fee is $160 not $220:

(see 169-Personal flotation devices to be worn on certain recreational vessels)

http://www.legislation.sa.gov.au/LZ/C/R/HARBORS%20AND%20NAVIGATION%20REGULATIONS%202009/CURRENT/2009.226.UN.PDF

pneucube
pneucube
SA
112 posts
SA, 112 posts
27 Jan 2012 2:02pm
Bad luck buddy,
Thanks for the light reading godfather.
I personally wear an impact vest which I bought at onboard and it is not intrusive and although I was told it does not conform to the true standard a bit of soft talk does work. In addition if it saves you from broken ribs once it is well worth it.
camarilloB
camarilloB
WA
39 posts
WA, 39 posts
27 Jan 2012 2:10pm
Reading that one needs to wear a PFD even when just surfing... honestly!



pintofpale
pintofpale
SA
229 posts
SA, 229 posts
27 Jan 2012 5:01pm
Does anyone know if these marine inspectors have the power to detain you if you refuse to give your details? I see it as a form of harassment. They should use their resources more effectively.
Wisha
Wisha
SA
255 posts
SA, 255 posts
27 Jan 2012 5:45pm
Where are we at with this SAKSA?

Surely a buckle type wake vest adds more danger? Is there a non buckle type that would satisfy this inspector..Guessing it would need Type 2 / Type 1 Australian standard etc safety logo?

Guess from now on we will all have to be John Smith to anyone from the public that has a chat (sorry if there is a real John out there...you may get some fines!). What was his name / what did he look like? So we all can promptly walk away (no obligation to speak).

Being attached to an inflated PFD in the air doesn't count?


DaGodfather
DaGodfather
SA
280 posts
SA, 280 posts
27 Jan 2012 7:47pm
camarilloB said...

Reading that one needs to wear a PFD even when just surfing... honestly!






Not really - if you read carefully - surfboards IN THE OCEAN are excepted from PDFs.

What IS annoying though is that kitesurfers and windsurfers need a bulky PDF TYPE 1 when more then 400m out into the sea.
That's UNACCEPTABLE, DANGEROUS and S T U P I D !!!.

I had a minor crash yesterday at 68km/h (according to my GPS). Nothing much happened. But if I was wearing PDF Type 1 I would right now be in hospital with a broken neck. I am strongly against using PDF TYPE 1's for kiteboarding and this law MUST and WILL be changed and in the meantime IT MUST NOT BE ENFORCED !!!


ellemenophee
ellemenophee
SA
68 posts
SA, 68 posts
27 Jan 2012 8:04pm
pintofpale said...

Does anyone know if these marine inspectors have the power to detain you if you refuse to give your details? I see it as a form of harassment. They should use their resources more effectively.



Detaining someone is a serious offence in itself. Is the offending person a danger to themselves ? Or others in the community if their action continues ?

Police & Federales i believe can detain.
Not for a expiation notice.
Kiteboarding SA
Kiteboarding SA
SA
262 posts
SA, 262 posts
27 Jan 2012 9:02pm
OK crew, I understand everyone's frustration. But we all need to take a calm approach to this issue. What we don't want is a slagging match with a government department. This has happened on another forum and it has not done us any favors. Government departments monitor this forum and we don't want to come across as foul mouth neanderthals. This will only harm our chances of making some common ground with the Department of Transport.

This is not the first time this topic has arisen, this law has been in place for a while now. It has been enforced on the Yorke Peninsula and North Haven that we know of. SAKSA has in the past spoken with the Department of Transport about this law. But they will always ere on the safe side until any hard evidence proves differently. What we ask of the kite boarding community is to stay calm and do the right thing. SAKSA will once again make contact with the appropriate departments, but this all takes a lot of time. Please be patient and if anyone feels they can help out at a professional level, feel free to contact us at SAKSA.

Cheers
Shaun Crocker
SAKSA President


EB
EB
SA
492 posts
EB EB
SA, 492 posts
27 Jan 2012 10:42pm
SAKSA said...


This is not the first time this topic has arisen, this law has been in place for a while now. It has been enforced on the Yorke Peninsula and North Haven that we know of.




The department have been policing the murray river since I started sailing\windsurfing in the early 80s.When on the river which I am on a regular basis these days I put on a Life jacket.Look and feel like a tool. Don't feel safer would probably take it off in a emergency and use it as a boogy board. On the river you have to obey as you never know when he will arrive and it is law. I have been let off enough times too know.
As for where and when I go kiting good luck too him catch me if you can be bothered.
Hard too teach an old dog new tricks I say.
jamdfingr
jamdfingr
QLD
663 posts
QLD, 663 posts
2 Feb 2012 10:47am
Pat Sparks Strikes Again!!!!

He's like a crouching tiger.... waiting to pounce.... Fine book at the ready....


... ehh... I cant complain, as an intermediate, I wear a PFD for both kiting and windsurfing....

Too lazy to kick my arms and legs and swim!
Kam75
Kam75
SA
30 posts
SA, 30 posts
20 Feb 2012 12:42pm
jamdfingr said...

Pat Sparks Strikes Again!!!!

He's like a crouching tiger.... waiting to pounce.... Fine book at the ready....


... ehh... I cant complain, as an intermediate, I wear a PFD for both kiting and windsurfing....

Too lazy to kick my arms and legs and swim!


Ha ha, your right about pat waiting to pounce, but it's nothing like a crouching tiger, more like a fat elephant stumbling towards the water for a drink.
Wisha
Wisha
SA
255 posts
SA, 255 posts
20 Feb 2012 6:48pm
Maybe he was wearing his PFD? Got to be careful while loitering in the trees.
Another $220 in revenue brought in by Pat....couple of pasties coming his way as commission.
GreenGriff
GreenGriff
SA
137 posts
SA, 137 posts
20 Feb 2012 10:33pm
are the inflatable pfd1's acceptable?

like the ones in the issuu.com/jarviswalker/docs/fit_out_you_kayak_promo
jamdfingr
jamdfingr
QLD
663 posts
QLD, 663 posts
20 Feb 2012 10:53pm
I don't think so. There was a huge argument about this on the windsurfing forum and someone looked it up. You can see the details in the SA windsurfing forum. It was based around a thread started by "the" pat sparks!
GreenGriff
GreenGriff
SA
137 posts
SA, 137 posts
21 Feb 2012 12:00pm
haveing a look around looks like they are suitable pfd1 = open water.
Just need to get a manual inflate one not automatic dun want it going off every time you get wet
rudyforest
rudyforest
SA
36 posts
SA, 36 posts
24 Feb 2012 1:42pm
And where are we to put our PFD if we are wearing a waist harness? This is most frustrating to all as not logical. It really is the same as making surfers wear a life jacket, (they could not duck dive if wearing one) We can't really wear a harness and a PFD at the same time.
TKC1
TKC1
SA
52 posts
SA, 52 posts
11 Mar 2012 10:20pm
DaGodfather said...


What IS annoying though is that kitesurfers and windsurfers need a bulky PDF TYPE 1 when more then 400m out into the sea.



Hypothetically, what about if you don't go more than 400m out to sea? You don't need a pfd? what about on a closed body of water, like Lake Alexandria at Milang?

Could I just not claim that I was not any further out than that to avoid a fine?

TKC
kitecroc
kitecroc
SA
513 posts
SA, 513 posts
12 Mar 2012 10:20am
TKC1 said...

DaGodfather said...


What IS annoying though is that kitesurfers and windsurfers need a bulky PDF TYPE 1 when more then 400m out into the sea.



Hypothetically, what about if you don't go more than 400m out to sea? You don't need a pfd? what about on a closed body of water, like Lake Alexandria at Milang?

Could I just not claim that I was not any further out than that to avoid a fine?

TKC



Hi TKC!, you are required to wear a PFD3 at all times on the water including the lower lakes. If you would like to find out all the info regarding PFD's. Head to your local boat or fishing store and grab a Safe Boating handbook (I think that's what it is called). Or jump on the web, it is all there.

Cheers Croc
SAKSA President
Kam75
Kam75
SA
30 posts
SA, 30 posts
12 Mar 2012 5:30pm
My newly formed advice is continue how you have been, always have a good look at the beach before you get out of the water, and if the day arises that you see one of our friends lurking in the shrubs, or rolling down the hill, like our friend down at Victor, either head back out for a down winder, or forget who you are when packing your gear up. Just make sure they don't see which car you drive.

On another note, I sent a letter to the Marine and Harbours about the fine i received, in it saying all the things that were wrong about it; the sly tatics our overweight friend used, random policing of the law, the discrimination in letting some kiters off and not me, and the fact that he said I wouldn't be fined if the others weren't wearing one (which they weren't), and the reply was a generic response letter, not addressing any of my points.
So I don't think they have the slightest interest in listening to what we as kiters have to say.

I've learnt my lesson, the expensive way ..... $160 fine + $60 victims of crime levy, + a new life jacket that sux for $60 = an expensive day kiting.

If I ever see my mate again lurking in the bushes, I know know what to do, and wont make the same mistake twice.
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