Hi Everyone,

If you have been down at the SA forum, you might have noticed we have been having a few fines handed out (windsurfers and kiters) for people not wearing pfd's in certain situations.

Windsurfing SA is just trying to get a feel for how the pfd legislation differs across the states and sports (ours is copied below). Are there different rules for surf? What is being enforced in competitions? How are SUP's being handled?

It's a nightmare to track this down with google so I'd appreciate anyones help with experience from your state. (not looking for comments about whether these rules are good/stupid/dangerous - we already have a thread a mile long on that :-) )

Cheers, Richard
Secretary, Windsurfing SA


SA legislation - the relevant bits
Division 4—Rules of special application to recreational vessels
169—Personal flotation devices to be worn on certain recreational vessels
(1) Each occupant of—
(a) a vessel (other than a surfboard, surf ski or racing shell) that can only carry the operator and no other person; or
(b) a surfboard, surf ski or similar vessel that is being operated in inland waters; or
(c) a sailboard or kiteboard; or

must, at all times while the vessel is underway, wear—
(j) in the case of a sailboard or kiteboard—
(i) being operated more than 400 m from the shore—
(A) before 1 June 2010—a PFD Type 1, PFD Type 2 or PFD Type 3;
(B) on or after 1 June 2010—a PFD Type 1; or
(ii) being operated not more than 400 m from the shore—a PFD Type 1, PFD Type 2 or PFD Type 3;

Maximum penalty: $1 250.
Expiation fee: $160.

Not sure what WV's view is - i'm not on the committee, however i recently did a bit of research myself for a project. The 2 main bits of info that i could find about Vic legislation are here:

transportsafety.vic.gov.au/maritime-safety/recreational-vessel-operators/powerboat/trip-preparation/safety-equipment/lifejackets

www.boatieafloat.com.au/GuideMarineRegulations.pdf

My take on this Vic legislation is that if you stay within 400m from shore and are wearing a wetsuit a min of 3mm thick you're fine.

Victoria has requirements for wearing PFDs at certain times on recreational vessels. All occupants of the following vessels are required to wear a specified personal flotation device (PFD) when in an open area of the vessel that is underway:
powerboat up to and including 4.8 metres in length
off-the-beach sailing yachts
personal watercraft
canoes, kayaks, rowing boats and rafts
pedal boats, fun boats and stand up paddle boards
kite boards and sail boards
recreational tenders.

Cut from the Transport safety site. Its wording seems pretty clear to me.

DanP I can remember a few years ago about the 400m rule but in all the information I can find now it is no longer there. Every document I have found states the same as above.

In WA you need to refer to the Navigable Waters regs and the Western Australian Marine Act.

www.slp.wa.gov.au/legislation/statutes.nsf/main_mrtitle_1046_homepage.html

www.slp.wa.gov.au/legislation/statutes.nsf/main_mrtitle_1843_homepage.html

The short answer is that if you are in a river/lake, or, within 400 metres (which really isn't that far out on a sail or kite) of the shore in WA you don't need a PFD, flares etc if you are sailing, interestingly in WA the legislation hasn't caught up with kiting yet so my interpretation is that on a technicality those of us on kites need a PFD, bailer, anchor.

I remember hearing a year or so ago that WAKSA were talking to Dept for Planning and Infrastructure to get the legislation updated.

I've cut and paste some of the relevant bits below.


Part VI - Private pleasure boats
46. Terms used
(1) Subject to the provisions of regulation 3(2), a reference in this Part to a motor boat is a reference to a motor boat that is a pleasure vessel within the meaning of section 98(1) of the Western Australian Marine Act 1982; and the word owner has the meaning provided by that section.
(2) In this Part -
Level 50 means a personal flotation device classified as such by the Australian Standard AS 4758;
Level 50S (Special) means a personal flotation device classified as such by the Australian Standard AS 4758;
Level 100 means a personal flotation device classified as such by the Australian Standard AS 4758;
Level 150 means a personal flotation device classified as such by the Australian Standard AS 4758;
Level 275 means a personal flotation device classified as such by the Australian Standard AS 4758;

pleasure vessel means -(a) a vessel held wholly for the purpose of recreational or sporting activities and not for hire or reward; and (b) any other vessel declared to be a vessel to which this Part applies by order of the Minister under subsection (2).

(2) For the purposes of this Part -
(a) a Level 100, a Level 150, a Level 275 and a SOLAS jacket all have a buoyancy equivalent to or higher than a PFD Type 1; and
(b) a Level 50, a Level 100, a Level 150, a Level 275 and a SOLAS jacket all have a buoyancy equivalent to or higher than a PFD Type 2; and
(c) a Level 50S, a Level 100, a Level 150, a Level 275 and a SOLAS jacket all have a buoyancy equivalent to or higher than a PFD Type 3; and
(d) a PFD Type 3 has a buoyancy equivalent to a PFD Type 2.

51D. Certain vessels to be equipped with bilge pumps
(3) The owner of a vessel of under 7 m length which is not fitted with a bilge pump must ensure that the vessel carries a bucket or bailer.

52A. Vessels to be equipped with personal flotation devices or life jackets
(1) The owner of a vessel must ensure that the vessel, while being navigated outside protected waters, is equipped with -
(a) a PFD Type 1; or
(b) a life jacket that has been approved by the Australian Maritime Safety Authority established under section 5 of the Australian Maritime Safety Authority Act 1990 of the Commonwealth, for each person on board who has reached 12 months of age, appropriate in terms of the buoyancy and size to the body mass of every such person.
(2) Subregulation (1) does not apply to -
(a) a personal watercraft; or
(b) a sailboard, being used within 400 m of any shore.(3) An owner who contravenes this regulation commits an offence.

52B. Vessels to be equipped with certain distress signals(1) The owner of a vessel must ensure that the vessel, while being navigated outside protected waters, is equipped with the following distress signals -
(a) not less than -
(i) 2 red hand held flares; or
(ii) 2 parachute distress rockets;
and
(b) not less than -
(i) 2 hand held orange smoke signals; or
(ii) one orange smoke canister.

(2a) Subregulations (1) and (2) do not apply to -
(a) a personal watercraft; or
(b) a sailboard, being used within 400 m of any shore.

52C. Vessels to be equipped with efficient anchor and lines(1) The owner of a vessel must ensure that the vessel, while being navigated outside protected waters, is equipped with an efficient anchor and line.
(2) Subregulation (1) does not apply to a personal watercraft or a sailboard.


navigable waters means -
(a) the territorial sea adjacent to the State; and
(b) the sea on the landward side of the territorial sea adjacent to the State that is not within the limits of the State; and
(c) waters within the limits of the State on which any vessel or any type of marine craft can be navigated;

protected waters means the waters contained in any lake, river or estuary, or by any breakwater, but does not include the waters of Cambridge Gulf or Lake Argyle;

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DanP said...


www.boatieafloat.com.au/GuideMarineRegulations.pdf

My take on this Vic legislation is that if you stay within 400m from shore and are wearing a wetsuit a min of 3mm thick you're fine.

So going by the average temp of Vic water (especially this time of year), we should be ok then? Unfortunately most of my windsurfing is chop hopping & takes me >400m, but I'll argue the fact (plead ignorance).

Thanks all above for the info.

Do any windsurfing or surf brands make decent PFD 3's? Neil Pryde, Rip Curl, O'Neill etc?

Thanks everyone for your input. There seems to be some major differences between the states. We have got some work to do here in SA, where it would be necessary to wear a Type 1 pfd when wavesailing and more than 400m from shore.

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Windsurf0709 said...

Do any windsurfing or surf brands make decent PFD 3's? Neil Pryde, Rip Curl, O'Neill etc?

Pryde's NPX buoyancy vest is rated 50 ie PFD2. Mine is very comfy, and doesn't ride up (even if I don't hook it onto my harness). They have a harness hook cutout.
Added bonus - extra protection from wind chill, and extra buoyancy makes waterstarting easier.

Go to a wakeboard/ski shop. Hundreds to choose from. I customized mine for lead weights and harness hook cut out. The alterations cost me $30. Loads of impact protection compared to NP ones.

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Tomasz80 said...

I customized mine for lead weights and harness hook cut out.

A PFD gives you buoyancy - makes you float. Why carry leads, Tom?

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Tomasz80 said...

The alterations cost me $30.

I reckon in all 8 State and Territory legislation, there would be wording, saying that PFD's should not be altered.

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Tomasz80 said...

Loads of impact protection compared to NP ones.

Any PFD will offer some impact protection. I use one wind-surfing that I have used on sea-kayak expeditions - has 5 pockets, too...

For what it's worth.

Over the years, I've tried the PFD types 1 and 2 and found both of them restrictive for windsurfing. I eventually ended with a Burke Inflatable type, shown here:
http://www.burkemarine.com.au/category.php?cat_id=15. This has provided the least restriction and is suitable for our Port Phillip Bay sailing.

Adavantages: least restrictive of all PFD's I have tried on/or bought. Can be used with both seat and waist harnesses.

Disadvantages: High initial cost, gas bottle must be serviced each year (but Burke have released servicing instructions and a service kit for DIY'ers).

As with most (all?) PFD's, they are designed to keep you afloat and they are not designed for swimming (too much surface area creating drag as you swim). I've had to swim in once wearing a non-inflatable PFD 2 and, whilst it took a long time to get in, I was very glad of the floatation assistance at the time.

PFD's are like insurance: you don't need it until you need it.

Hope this helps.

And how does one calculate if one is outside the 400m zone, pray tell???

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Gidget said...

And how does one calculate if one is outside the 400m zone, pray tell???

They'll probably make a GPS compulsory so they can check it at the end of a sail to confirm you didnt go past 400mIf you did you get fined .

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Gidget said...

And how does one calculate if one is outside the 400m zone, pray tell???

They way I ensure I stay within 400m is to gybe at 394m. I know my gybe radius is 5.3m, thus I remain within the 400m zone and so don't need a pfd.

I have often witnessed other people not start to gybe until they are at 396m. Unless they have very tight gybe radii, then I think most are outside of the 400m at some point.

The way I read the rules you only need to put a pfd on once outside the 400m. Thus these brazen criminals must not only contend with open ocean chop whilst gybing but also don, and then dis-robe, a pfd mid gybe. To me this seems just too complex, so I always start to gybe inside 394m.

This will fire up the crowds: www.seabreeze.com.au/forums/Windsurfing/South-Australia/windsurfer-wearing-pfd-in-surf-suffers-neck-injury/

I know Harry. Not one to make stuff up and a regular and experienced wave sailor. I hope we can get some common sense going soon!