Buell said...On the subject of PFD's and kiteboarding and in no way entering into the already thrashed discussion
Last Snapper Comp in Whyalla the SA Marine Safety inspectors turned up. As the comp was blown out on the first day with 20kt southerly winds they had no boaties to bother
Being perfect kiteboarding conditions the local crew were having the usual good time on the Whyalla foreshore when the inspectors decided to come and bother us.
They made it very clear that even though we were not venturing more than a couple of hundred meters from shore and the maximum depth of water was less than chest high that we had to wear PFD's by law.
They also indicated that on their next visit they may enforce that law with $160 fines.
On a brighter note, they stated that the Minister could be petitioned to exempt kiteboarders from the PFD requirement if a good case could be given.
How about it SAKSA, something along the lines of
Most kiting is carried out in inshore shallow areas
Wetsuit / spring suit plus harness plus impact vest give reasonable buoyancy
Most PFD’s are just something else to tangle your lines in
PFD’s in surf are simply a liability
Etc etc
I feel that all SA kiteboarders would be more than happy to sign a petition waiving the PFD requirement, it just needs someone to pick up the ball and run with it
Cheers from PFD free me
These are my thoughts exactly, we are a sport in its infancy and a good case for Ministerial exemption is worthwhile to investigate. The pdf in surf can be a danger to the rider as we all know but it would require rationale to those who think that it is white fluffy stuff and not know that being able to duck under white water walls is important in many circumstances.
The interesting issue we face here is that the definition of a vessel under marine and harbours only comes into play when the vessel is under power by means other than man power. This is where a surfboard does not come under the definition and a surfer does not need a pfd.
the irony here is that if the kite hits the water and is disabled or if the wind drops and the kite drops and no longer powers the board and rider, then it is suddenly not a vessel under the marine and harbours act IMO and therefore the rider is not required to have a pfd if the rider is paddling in the are a surfer paddling back into shore on a board.
The other questionable rule for those that think the act can apply to kiting without thinking about it is that generally in navigational rules sea powered vessels give way to sail, that would mean a fishing boat would need to give way to a kite surfer, as the only exception to the rule is that 'the more manoeuvrable vessel will give way to the less', the average small powered vessel is as manoeuvrable as a kite considering they can basically go any direction they choose, which is something we cannot.
The logic here is that really kitesurfing is a very unique system of ocean travel that and any legislative instrument can always be questioned as to what is called its 'intent'. If it can be shown that the intent of the legislation when it was enacted could not possibly have addressed the application to such a unique system and that a new approach to this system that is more appropriate be adopted then sense can prevail. This is very true when the actual sport was not even invented when the act was developed.
Many of the rules in the act do apply to kitesurfing such as keeping away from swimmers and the 4 knot rule close to other water users. It is clear however that other rules such as pfd and that powered vessels are to give way to sail do not really work.
Remember when skate-boarding was a crime? yep that was me too, I was skating on the first boards in the 70s paving the way, getting banned from car parks, now we have skate parks, who did all this, people who got more mature, had their own kids, formed united groups and skate associations and now there are police officers, lawyers and magistrates who used to skate, well:
KITESURFING IS NOT A CRIME, now I'm back at it like all of you, we are guilty until proven innocent, THAT'S NOT RIGHT.
HOWEVER:
One thing is very very clear, the only way to protect the sport and to have access to the beach is to have a strong association which is an association of YOU ALL together as a collective of voters who can TOGETHER influence and protect the beaches through agreeing that it is not sensible to kite where things could get the sport banned. The other way is the best for those who want it banned, having people split and fighting in their own ranks. You think that a bunch of disgruntled argumentative people can influence things? NO, but a bunch of disgruntled argumentative people working together (even if they don't like each other) can.
Keep up the good work SAKSA.
Just remember if you do loose your city beaches and then come down to our beaches there will only be one type of kiters welcome, those who follow the rules.
Make no mistake about that.
Dazza
