Sunmissions on Akl Lifejacket bylaw

[Dusty 0]

As a person who does his boating in at least four different regional and city council controlled areas and I am sure there are many other boaties in the same situation, it would make a great deal more sense to have rules such as this one administered on a national level, so take the responsibility for these regulations away from regional level to an authority with complete control over the entire country. Maritime NZ would be the obvious choice but even they have proven to be too slow at responding to situations.

My point is that a family from Hamilton go to the Bay of islands and they probably have no idea of what the local regulations are and the same goes for many other area's in the country.

[wheels 543]

Maritime NZ

That is because MNZ can not make laws that affect Public. They can only make laws concerning Commercial Operation. So while under Maritime Law, the Skipper is responsible for Vessel and Crew, there is no law that says LJ's have to be carried. It is assumed under the law that all Skippers would have more than two Brain Cells in random orbit and thus carry LJ's. The problem is, a few of the Public have a Brain Cell that is extremely lonely and may have even gone on strike due to work load. Many of those of the Public don't even realize they are deemed a Skipper. So as a result, a by Law has to be created to allow Authorities to be able to ask if LJ's are on board for everyone and if not, have the power to send the boat back to the ramp. Yes I agree that it needs to be common law through out the country. Just why that can't be a Police Law, just like wearing seatbelts, I don't know, but i am sure there is some typically stupid reason.

[Dusty 0]

The police would be an obvious choice but one would have to watch that it doesn't become a money grabbing exercise like the use of speed camera's and the 4kph tolerance on the roads during holiday periods.

I understand that police will soon given the authority to conduct random breath testing on the water so maybe that is a step in the right direction providing the limits are kept reasonable.

Australian harbours are policed quite vigorously by the Water police so perhaps that is an indication of where we should be heading.

[Guest]

Maritime NZ

That is because MNZ can not make laws that affect Public. They can only make laws concerning Commercial Operation. So while under Maritime Law, the Skipper is responsible for Vessel and Crew, there is no law that says LJ's have to be carried. It is assumed under the law that all Skippers would have more than two Brain Cells in random orbit and thus carry LJ's. The problem is, a few of the Public have a Brain Cell that is extremely lonely and may have even gone on strike due to work load. Many of those of the Public don't even realize they are deemed a Skipper. So as a result, a by Law has to be created to allow Authorities to be able to ask if LJ's are on board for everyone and if not, have the power to send the boat back to the ramp. Yes I agree that it needs to be common law through out the country. Just why that can't be a Police Law, just like wearing seatbelts, I don't know, but i am sure there is some typically stupid reason.

 

Disagree my friend

 

See MNZ website.

 

Recreational boating.

 

 

Complete waste on energy time and resources.

 

Saving face I suppose.

 

That wording does not over ride maritime New Zealand law.

 

Skipper responsibility

 

Maritime rules provide that it is the skipper's legal responsibility to ensure that lifejackets are worn in situations of heightened risk, such as when crossing a bar, in rough water, during an emergency, and by non-swimmers. Lifejackets must be stored so that they are immediately available in case of a sudden emergency or capsize. Children should wear lifejackets at all times in boats under 6 metres.

 

Lifejackets – a legal requirement

You must carry a correctly sized, serviceable lifejacket (also known as a personal flotation device or PFD) for each person on board a pleasure boat in New Zealand. This is a legal requirement, and this rule applies to all boats, including tenders and larger craft.

 

Regional council bylaws

 

Check your local regional council bylaws for the requirements that apply in the waters in your part of New Zealand. Some bylaws go further than maritime rules, making the wearing of lifejackets compulsory for all on board small craft.

 

 

You might not have to wear them but they must be available when you go ashore is my interpretation with the inflatable tender.

 

 

[should have made this compulsory for all coastal and ocean cruising racing.

 

The trend of wider AIS acceptance continues with a personal AIS transponder that puts a man overboard onto the

electronic charts of nearby AIS-equipped vessels. A personal AIS device. Instead of being associated with a vessel, the task is

to give an individual who has fallen overboard, wearing a life jacket with AIS transponder attached for example, the status of a vessel and put them into the AIS system so the person

can be found and rescued. Works with iPhone and I pad Computers as well. ]

 

There has been a test case already.

 

A private recreational fisherman found guilty under the law.

 

Whakatane. He was prosecuted as a skipper failing the law.

 

You also have to make sure they have the life jacket on properly secured and or the correct size. So crotch strap crucial to be safe from prosecution in my opinion.

 

 

Where is your evidence that says MNZ does not have the power. They keep on stating they are quoting the law with their recreational rules.

 

OC

 

 

 

OC

[grant 40]

Maritime NZ

That is because MNZ can not make laws that affect Public. They can only make laws concerning Commercial Operation. So while under Maritime Law, the Skipper is responsible for Vessel and Crew, there is no law that says LJ's have to be carried. .

 

Maritime transport act covers/can cover all vessels, and Part 91 of the Maritime rules requires that LJ's be carried.

[Maytaj 0]

Idiots will always be idiots, I'm with you 100% there, nothing will stop idiots being idiots but it may indicate to people that in small boats a lifejacket should be worn.

 

Competence at sea will always beat rules, unfortunately not everyone is competent and the ability to buy a boat and head out to sea is too much for some peoples skill level. As I'm sure many have seen you can see all the small mistakes some people make that sometimes add up to the incident, and sometimes not. I'm fortunate to have been guided by some very competent people during my career at sea and life sailing but I still stuff up (a lot according to my good lady).

 

We are still keeping up the trips away even while working. I have managed a sail down to the Subantarctics while I have been here and my good lady has been back and forth about nine times now, she also got a Fiji trip in too (the scummy toad!).

 

By my reckoning it's 6 weeks from here back to Guam to carry on the trip should the need arrive.