Kayakers everywhere need to be aware of draconian ideas which some local authorities try to slip under the radar of public debate.
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And if you consider it's just an Auckland problem, think again.
Given some councils tend to follow others like sheep, it may not be long before authorities closer to home try this nonsense.
The ARC heard submissions on the Safety Bylaw rule 2.17 - "visibility of paddle craft" which was originally slipped into the bylaw without consultation so the ARC had to hold new submissions. The result was 94 per cent of all submitters demanded the ARC rescind this proposed rule:
"Every kayak and paddle craft that is navigating in waters beyond 200 metres from shore [includes racing craft, surf skis, waka ama, sea kayaks - in lakes and sea] shall ensure they are highly visible to other vessels. This shall include: By day: wearing highly visible clothing or a highly visible PFD suitable for contrasting with the visibility conditions at the time; and at night: (a) use of reflective tape on clothing; and (b) showing a continuous white light visible in all directions and of suitable intensity to avoid collision; and (c) having ready an electric torch showing a white light which must be exhibited in sufficient time to prevent collision."
Of the 545 submissions:
* 9 submissions (1.65 per cent) - power boat organisations, wanted the bylaw left as is
* 20 submissions (3.67 per cent) wanted the bylaw changed without being rescinded
* 514 submissions (94.31 per cent) - mainly paddlers - called on the bylaw to be rescinded
A pretty clear backlash, you would think, but word has it the ARC may disregard those 94 per cent of objectors and push on with the folly.
Here at Waterline Magazine, we view the debate from all sides – as power boaters, kayakers and yachties. We believe the onus is clearly on the powerboat fraternity to wake up and drive to the conditions, and if any more laws need passing to make boating safer, it's needed to enforce powerboats to keep a proper lookout, drive to the conditions and be more aware of what's around them – rather than ridiculous 'visibility” regulations that kayakers all generally follow anyway.
If I'm driving a powerboat in such a way I can't see 16-20 feet of plastic or fibreglass with at least a metre of body on top; with a 2 metre-long flashing paddle – then my powerboating skills need seriously updating and possibly regulating. Not the kayaker.
'Drive to the conditions,” because if you can't see that kayak in time to avoid it, nor will you be able to see the floating log, the swimmer, the sunfish, the reef, the cray pot lines or any of the other myriad of little surprises that the ocean can throw up in front of you.
The ocean is not a superhighway where might is right. There's an obligation to navigate in such a way that other users are not put at risk. Any move to have paddlers jump through regulatory hoops is a watering down of kayakers' rights to safe passage.
Any boater driving in such a way that they cannot see a kayak is a moron and should be banned from the water. Simple.
If this ridiculous bylaw is passed, and kayakers are forced to dress in costumes like party clowns, what will be next? Compulsory flags on swimmers' heads? Flashing lights for dolphins?
When the motorcar was first invented, a footman was required to walk ahead with a flag to warn other road users of the danger. This bylaw is similarly ridiculous.
To lodge your protest to the ARC, here's the recommended line of attack, put together by the Combined Paddle Craft Organisations:
We need you to email your ARC representative councillor now and tell them that 94 per cent of all submitters called the ARC to rescind the bylaw rule.
1. Copy and personalise the email:
http://www.kayaker.org.nz/files/councillorletter.doc (word format) or
http://www.kayaker.org.nz/files/councillorleter.txt (copy the text).
2. Email it your ARC councillor - see www.kayaker.org.nz/#councillors
Paddlers believe safety codes of practice and guidelines should be left to experts in each type of paddle organisation (of which there are many different types) and NZ Maritime Safety Authority Regulations.
Read about the issues here www.kayaker.org.nz. It is important you act before the subcommittee reports to the full ARC, otherwise it will be too late. If ARC passes the bylaw rule you will be committed to comply for the next 5 years, until the next review is due.
Combined paddle craft organisations against ARC Safety Bylaw Rule 2.17

