SUP's and the Law.

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DavidJohn
DavidJohn
VIC
17570 posts
VIC, 17570 posts
28 Aug 2008 6:08am
I'm sure Clay wont mind me copying his post from the Zone here...Interesting stuff I think....Has anyone here had any hassles...yet?

DJ

I've been following the post on PFD requirements from several months ago and have been keeping my fingers crossed... never a problem when I'm sup'ing on the coast of course but I was finally busted here on our lake yesterday.

The Lake Patrol guy was a walking rules machine... He approached me in his boat: "where are you headed?".... WHAT has that got to do with anything, I don't know...

...anyway, he told me I had to to "paddle home." Dammit! I was hoping to avoid the same PFD fight we went thru in the early 80s in windsurfing (and WON because sailboard sails become sea anchors and don't fly away from a downed sailor AND the board cannot sink)...

...I first attempted a comeback with: "but this is a sailboard (well, it COULD be a sailboard) and sailboards are exempt right?"...
"That's an exception, but you don't have a sail," was the answer...

..."But whenever I go to the coast on this board nobody wears a PFD," was try #2...

..."the ruled on the coast are different."

....when I got home, paddle between my legs, BUMMED after years of surfing and NEVER wearing a friggin' PFD that they are required, my hardcore New England yankee girlfriend Joyce said, "Make 'em show it to you in writing that sup paddlers are required to wear PFDs."

I guess it's not the end of the world, but SHE tried a PFD a couple months ago out of curiosity and it chaffed the hell outta her armpits like those cheap rubber wetsuits used to do when surfing.

Attaching 'em to the board is the only way to go... IF indeed this cannot be fought.

... we'll see what happens.
See ya dodging the fuzz on the freshwater and stoked to NOT be wearing the preserver on the coast,
-Clay
[email protected]



JB
JB
NSW
2232 posts
JB JB
NSW, 2232 posts
28 Aug 2008 9:13am
We can class our sport as surfing, or a surf craft. Surfboard riders do not wear PDF's, nor do clubby paddlers or distance prone/knee paddlers, nor would you expect them too weather they were in an estary, river or ocean. I don't think they can get us on this detail, not in Aus anyway, they wouldn't be bothered to follow it up. Hopefully soon we will have a national association, and insurance and a risk management plan, this will be good for dealing with minor issues like this that might occur over time. Hands up anyone who wants to be on/form a National OZSUP Association?

Regards,

JB
sandy crack
sandy crack
NSW
20 posts
NSW, 20 posts
28 Aug 2008 10:27am
Why dont you do it JB? youve got heaps of spare time up your sleeve! hahaha
angie pangi
angie pangi
QLD
1782 posts
QLD, 1782 posts
28 Aug 2008 10:38am
Always alot of work and so little joy back in return! Just look at whats happened with AKSA (australian kitesurfing association) recently!

I would support it and help but i wouldn't put my hand up to run it.

XX angie
boardbumps
boardbumps
NSW
698 posts
NSW, 698 posts
28 Aug 2008 11:09am
Hi JB

I'll put my hand up to help you, but remember I'm in Coffs Harbour, Let me know.

Rod
JB
JB
NSW
2232 posts
JB JB
NSW, 2232 posts
28 Aug 2008 12:55pm
It might be needed soon, to spear head such issues as what DJ has posted about the UK. I will speak with some crew and see if there is anyone willing to put in the hard yards to get something started. I would love to do it if I had the time..

JB
nobody
nobody
NSW
437 posts
NSW, 437 posts
28 Aug 2008 1:09pm
I've been pulled up by the water police on Sydney Harbour (west) before for being too far from the shore (30m from the shore maybe) but they didn't say I needed a PDF. They were only worried about my lack of visibility and therefore being run down by a government river-cat ferry. Fair enough.

I don't see how attaching a PDF to your board is going to help much. Eventually they'll try to book you if they see you more than once doing that.

From "Sailboarding in the waters of Sydney" document on www.waterways.nsw.gov.au

Safety equipment
Sailboard riders are required to wear a lifejkacket or
personal flotation device (PFD) when more than 400
metres from the nearest shore. However, riders are
advised to wear such a vest at all times.


ChrisMcC
ChrisMcC
NSW
667 posts
NSW, 667 posts
28 Aug 2008 1:09pm
I believe that each state of Australia has it's own legislation governing the issue of wearing lifejackets or PFD's. In Queensland, we would be exempt as a SUP does not fall within the definition of a "ship" and as riders we are not required to be licenced, all as defined within the Queensland Marine Safety Act. The topic of Windsurfers Canoes Kitesurfers does gain mention in the NON MOTORISED BROCHURE but for the life of me I can't find where it's recommendations are then incorporated into the Marine Saftey Act. I can only assume that the recommendation are just that, recommendations.
Only thing that is mandatory is the having a signalling device between Dusk and Dawn (night) and carrying a EPIRB when in excess of 2 nautical miles of land.
BWDave
BWDave
VIC
239 posts
VIC, 239 posts
28 Aug 2008 8:32pm
When training for the paddle leg of an adventure race last year I looked into the PFD question and was told by the Vic water police that I should be wearing one,
however the loophole is that if you are in official training for an event, not required.
Now I am always in training, problem solved.
boardbumps
boardbumps
NSW
698 posts
NSW, 698 posts
28 Aug 2008 8:41pm
Good answer, I'm always going to be in training too!!

Rod
oliver
oliver
3952 posts
3952 posts
28 Aug 2008 7:11pm
We can class our sport as surfing, or a surf craft. Surfboard riders do not wear PDF's, nor do clubby paddlers or distance prone/knee paddlers


I don't really see this as an issue in Australia yet. However, I think if you were to go about pushing for some sort of ruling the beurocrats will just say you have to wear one - it's the easiest decision for them to make. That said it may a good idea to have a paddle boarders association in order to publish safety guidelines, gather information about the sport and develop a code of conduct etc.

The only other way I can see pfds becoming an issue for us is if some kook dies doing an ill thought out long distance paddle way off shore.

in WA if your supping 400m from the coastline u need a
pfd type 1
4 flares
and a friggin anchor


Hmmm, still only an issue if you are caught and successfully charged. Don't think that's happened to anyone on a sub yet, and is unlikely to happen, unless you are a smart arse and give the police a reason to nab you.

Anyway this doesn't apply to me cause I'm in training
WINDY MILLER
WINDY MILLER
WA
3183 posts
WA, 3183 posts
28 Aug 2008 7:40pm
as mentioned in earlier posts,, in WA if your supping 400m from the coastline u need a

pfd type 1
4 flares
and a friggin anchor

what a joke...


or none of the above if you are accompanied by a safety vessell.


NewcastleSUP
NewcastleSUP
NSW
250 posts
NSW, 250 posts
29 Aug 2008 5:51pm
If you are going to be paddling in the open ocean and especially on the big downwinder boards than you have to have a bit of common sense and do a risk assessment before you go. Suss out the weather warnings, tides and what could go wrong etc. There have been conditions where I have worn a PFD + a fin belt to cover the 'what ifs'. I also know of some paddlers that do wear navigation lights when they do their evening paddle not because they have to but so other boats don't mow them down!
SF
SF
NSW
161 posts
SF SF
NSW, 161 posts
30 Aug 2008 12:22am
Windy, I wonder if my Naish 11'6 qualifies as a safety vessel. Its bright yellow, unsinkable, and has plenty of room for extra passengers.

Steve
lagoongarage
lagoongarage
58 posts
58 posts
31 Aug 2008 4:37pm
Ive found a similar story in France via the gong sup team :

A rider who prefer keep his name secret had an amazing adventure with cop yesterday.
He was cruising along the coast when cops on their boat stopped him. They told him that he doesn’t have to do it. The rider explained him he is like a surfer so he is alowed to paddle were he wants except on swin zones.
Cops were angry about it. They wanted to consider the SUP like a kayak, a windsurf, a wakeboard, anything they know... But in France SUP is managed by the french Surf association, so it is surf !!!
In the same time, on the cops boat, they were childs going for a fishing party with them !!! Since when french cops can do it ! No comments.


The french original version of this story sounds more hilarious.
Cruiser1755
Cruiser1755
QLD
235 posts
QLD, 235 posts
31 Aug 2008 11:17pm
I recall when the Q education dept was becoming aware of safety issues of outdoor pursuits in the 80's that canoes became rescue vessels for each other.

In other words as long as there were 2 canoes you did not need a tinny.
rogerthecat
rogerthecat
188 posts
188 posts
1 Sep 2008 9:10pm
We are already screwed over here - there are a lot of inland lakes in England but most are run by water companies so they make the rules.

I live close to 3 huge reservoirs we cannot paddle on because of fishing rights, if I drive the 25 miles to the nearest accessible lakes I pay about £5-10 for a day and am forced to wear a PFD and carry proof of third party insurance (not a prob because I have the latter for windsurfing and it makes sense).

Other nearby lakes are overseen by sailing clubs whose rules often exclude windsurfing, canoes, kayaks and will, when they discover them, no doubt include SUPs too.

The relatively newly formed SUPA over here needs some more weight before we can start to push back at the petty bureaucrats - but then again this country is the epitome of a nanny state.

Fight them all the way!

boardbumps
boardbumps
NSW
698 posts
NSW, 698 posts
2 Sep 2008 9:35am
We are very lucky in Oz.

Rod
oliver
oliver
3952 posts
3952 posts
2 Sep 2008 10:20am
We are very lucky in Oz.


I think it's more a case of being unlucky in England. Being able to freely enjoy a lake or a beach should be a right not a privilege.
uk
uk
198 posts
uk uk
198 posts
2 Sep 2008 2:03pm
rogerthecat said...

We are already screwed over here - there are a lot of inland lakes in England but most are run by water companies so they make the rules.

I live close to 3 huge reservoirs we cannot paddle on because of fishing rights, if I drive the 25 miles to the nearest accessible lakes I pay about £5-10 for a day and am forced to wear a PFD and carry proof of third party insurance (not a prob because I have the latter for windsurfing and it makes sense).

Other nearby lakes are overseen by sailing clubs whose rules often exclude windsurfing, canoes, kayaks and will, when they discover them, no doubt include SUPs too.

The relatively newly formed SUPA over here needs some more weight before we can start to push back at the petty bureaucrats - but then again this country is the epitome of a nanny state.

Fight them all the way!




Add to that the tresspass law if you try and paddle on a river.
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