Does the definition of a vessel as per marine legislation include a kiteboard ?

If a kiteboard is a vessel surely then a surfboard is a vessel ?

Should we be bound by vessel rules and regs ?

Is it in the spirit of what the legislation was intended to enforce ?

Where will it end ?

Unfortunately according to the legislation, yes a kiteboard is a vessel as it can be navigated from point A to point B. Victorian waterway laws say that no craft can travel faster than 5 knots when within 200 mts from shore or 50m from a swimmer or structure etc. This is what Parkes Vic are trying to address by designating beaches were kiteboarders are exempt from the 5 knot rule unless there are swimmers in the water.

Andrew S.

Sorry dont know on that one, the biggest issue in Melbourne at the moment is keeping as many beaches as possible open to kiteboarding.

Cheers

Andrew S

WA Marine Act 1982

“ship” or “vessel” means any kind of vessel used or capable of being used in navigation by water, however propelled or moved, and includes —

(a) a barge, lighter, floating restaurant, or other floating vessel; and

(b) an aircushion vehicle, or other similar craft, used wholly primarily in navigation by water,

-----Part I — Preliminary : 3. Interpretation

Yer, your in trouble if you look further than what you read in DPI documentation

It will be interesting to see if anyone else relates this topic to the thief beating thread. Will those that advocate beating of thieves be happy if I offer to beat them for exceeding 5 knots within 200metres of shore and will those that advocate a police state with harsh enforcement of penalties happily cough up the $500 fine for breaching a whole bunch of maritime regulations. Do these people actually want it both ways where enforcement and policing are directed in areas they don't like and a blind eye turned when it suits them. I don't think you can have it both ways.

All above is true. Just read your local maritime rules and regs. But in reality the powers that police the waterways aren't too interested in us. They, and I have this directly from Waterway on Botany Bay, they are more concerned with drunken hoons in power boats and on jetskis. One thing that does concern them is how to safely rescue a stranded kiteboarder without entangling the lines in their props. They need us to teach them the appropriate methods. This creates good will with local authorities and saves them from gaffing your precious kite should you need to be rescued. This also goes for the local surf lifesavers should your runaway kite end up between the flags. Think about it. Help spread the good will.

So will the maritime radar gun be pointed at the kite or the rider?
Kites often goes a lot faster than the rider... what is it the rider or kite?

Smithy said...

I dont think the Parks Vic thing is bad as in reality what they are trying to do is make what we are already doing legal by acknowledging what our sport is about and that we are here to stay.

Nothing to do with parks vic, way off track smithy, just wondering if it fits the definition !!

Charl dv said...

cbf reading everyones responses too many and im too tired so if its bin said before my bad.

Kiteboards are vessels as they are a powered vessel, ie driven from power of wind, essentially a sailing craft as such.

Surfboards are not powered by anything continuously so it is not a vessel. and as said by surfer62 its very restricted in where it can be used etc.

What if you use a surfboard with a kite, huh. that means kiteboards aren't "VESSELS", huh. that means kiteboardERS are vessels, huh.

jumpindave said...

ADEN said...

Charl dv said...

cbf reading everyones responses too many and im too tired so if its bin said before my bad.

Kiteboards are vessels as they are a powered vessel, ie driven from power of wind, essentially a sailing craft as such.

Surfboards are not powered by anything continuously so it is not a vessel. and as said by surfer62 its very restricted in where it can be used etc.

What if you use a surfboard with a kite, huh. that means kiteboards aren't "VESSELS", huh. that means kiteboardERS are vessels, huh.

Back to school champ.
Dave.

think about it. A KITEBOARD IS ONLY A VESSEL WHEN BEING USED, THAT MEANS IF YOU USE A SURFBOARD WITH A KITE THEN IT'S ALSO A VESSEL!

now who needs to go back to school..... Dave

what about if you're doing kiteloops, can you be classified as a helicopter?

ADEN said...

jumpindave said...

ADEN said...

Charl dv said...

cbf reading everyones responses too many and im too tired so if its bin said before my bad.

Kiteboards are vessels as they are a powered vessel, ie driven from power of wind, essentially a sailing craft as such.

Surfboards are not powered by anything continuously so it is not a vessel. and as said by surfer62 its very restricted in where it can be used etc.

What if you use a surfboard with a kite, huh. that means kiteboards aren't "VESSELS", huh. that means kiteboardERS are vessels, huh.

Back to school champ.
Dave.

think about it. A KITEBOARD IS ONLY A VESSEL WHEN BEING USED, THAT MEANS IF YOU USE A SURFBOARD WITH A KITE THEN IT'S ALSO A VESSEL!

now who needs to go back to school..... Dave

Hahaha i think you are missing the point, "kiteboarding" is a combination of elements i.e. kite, person, board, it doesn't matter what or how you are using it you are still classified as a vessel when all the bits come together, like person, motor and boat.

But i will humour you for a second, lets say i have a jetski on the deck of my boat while the boat is in motion but the jetski is not operational. Is the jetski still a vessel????? haha.

it's use changes it's definition now doesn't it. ie:

Main Entry:
surf·board
Pronunciation:
-#716;bo#775;rd
Function:
noun
Date:
circa 1826

: a long narrow buoyant board (as of lightweight wood or fiberglass-covered foam) used in the sport of surfing
— surf·board·er noun
— surf·board·ing noun

is the surf board in the traditional sense of the definition but a car can be called "deadly weapon" should its use be for the purpose of attacking someone ie running people down. some thing's use determines its classification. kiteboarding with a surfboard is just like putting a motor on it in the eyes of the law except that you don't need to pay rego as it's not really a motor your putting on it.

Boats exempt from registration

Depending on the type of boat (vessel) and it's intended use, it may not have to be registered. Below is a list of boats that are not required to be registered.

*

a boat of not more than 5 metres in length that is used or intended to be used as a means of transport on inland waters or enclosed waters and that conspicuously displays the name of its mother vessel or the registration number of that vessel and the letter "T" and that operates or is intended to operate:
o between the shore and another boat not more than 300 metres from the shore
o

between boats not more than 300 metres apart and not more than 300 metres from the shore
*

an unpowered boat (ie. a boat that does not have an engine that is used or is capable of being used for propulsion)
*

a commercial fishing vessel
*

a trading vessel
*

a hire and drive vessel
*

a boat that is temporarily being operated on State waters
*

a boat that is is registered in another State or a Territory of the Commonwealth
*

displays in accordance with an Act or regulation of that State or Territory an identifying plate, mark or number issued or allocated by the relevant authority in that State or Territory for the boat
*

a boat that is temporarily being operated on State waters
*

a boat that is exempt from registration as a vessel in another State or a Territory of the Commonwealth in which the owner of the boat ordinarily resides
* a recreational boat with an engine used or capable of being used for propulsion that is under the control of a manufacturer or dealer who has a special identification mark and a special identification plate


A boat that is temporarily being operated on State waters that is registered in another State or a Territory of the Commonwealth and is displaying an identifying plate, mark or number issued by the relevant authority in that State or Territory for the vessel is exempt from registration in Victoria.

A vessel that is temporarily being operated on State waters that is exempt from registration as a vessel in another State or a Territory of the Commonwealth in which the owner of the vessel ordinarily resides is also exempt .

It's not a vessel its a bloody expensive toy

It could be said that a surfboard is in fact powered by the momentum and kinetic energy of a wave and therefore is a vessel !

Next topic "Is kiteboarding/kitesurfing actually navigating ? "

au_rick said...

I think Youngie can authoritatively attest to this in W.A.
It certainly is a vessel and when they organised the rotto race it was subject to marine laws concerning PFD's and other safety gear.
pretty sure it would also classify as a powered vessel, being tha same as yachts and sail boats.
Upshot is, be careful kiting around other marine craft and water users so we don't get the heavy hand of the law

I had a conversation with a Marine Safety officer (S.A.) regarding the use of PFD's and whether they are compulsary for kiteboarding inSA.

The reply was that " kiteboards are classed as vessels under the Marine safety laws in S.A. and therefore they must comply with all relevant marine laws, including PFD's".

He continued with a comment that Surf skis have an exemption for not using PFD's while primarily being used in surf conditions but are required to wear them when not in surf.

His example of the surf skis was to show that the relevant state or national bodies (AKSA etc.) would need to apply to the relevant state marine safety authorities if they believe that exemptions may be required for kiteboarding e.g. use of PFD's while kiting in surf or kiting in some speed restricted areas.

SAKSA successfully gained exemption from the Aviation authorities to hold a kiting comp at West Beach (which was previously off limits due to a "blanket ban" of activities in this area) so exemptions can be achieved from authorities, it may just be a case of asking and nutting out the relevant points.

I don't think that there are any exemptions specifically for kiteboarding at present, perhaps it would be timely to start the ball rolling before some do-gooder has us carrying flares, anchors & bailing buckets

Regards
the fossil