Forums > Windsurfing   New South Wales

Proposed changes to NSW lifejacket laws

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Created by NSWWA > 9 months ago, 13 Sep 2021
NSWWA
NSW, 322 posts
13 Sep 2021 9:04PM
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Transport for NSW is proposing updates to lifejacket laws in its Maritime Safety Plan 2026. Affecting windsurfing, and wavesailing in particular, is the removal of the caveat that a lifejacket is only required when more than 400m from the shore.

In Transport for NSW's FAQs it states:
What about sailboards and kiteboards?
We have removed the caveat that a lifejacket is only required when more than 400m from the shore.

You can read about the NSWWA position at: nswwavesailing.org/2021/09/13/proposed-changes-to-nsw-lifejacket-laws-wavesailors-impacted/

Feedback is currently being accepted at: www.haveyoursay.nsw.gov.au/maritime-safety. This will close on 24 September 2021.

powersloshin
NSW, 1653 posts
14 Sep 2021 6:58AM
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and while filling up the survey highlight the danger from jetskys

Jethrow
NSW, 1224 posts
14 Sep 2021 7:28AM
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Funny you should mention that Powersloshin, I did just that when I did the survey last week!

regal1
NSW, 417 posts
14 Sep 2021 10:13AM
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So in NSW we will have drones checking boating & life jacket compliance.

Bitsa
NSW, 2 posts
14 Sep 2021 2:41PM
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In the cause of safety I'm having you all shot.

kato
VIC, 3339 posts
14 Sep 2021 5:00PM
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Done, even though I'm not NSW I do still want to sail up there without dying cos I'm forced to wear a life jacket. Imagine having to wear one at Primbee in knee deep water. I'll stick with my helmet and wetty thanks and good luck with the drone patrol

powersloshin
NSW, 1653 posts
14 Sep 2021 5:13PM
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at the worst you can get inflatable ones, or paint a fake one on your wetsuit...

regal1
NSW, 417 posts
16 Sep 2021 5:36PM
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Sent to TfNSW Maritime today

Hi Anthony,
On behalf of Windsurfing NSW, I wish to make a submission in relation to the initiatives proposed by Transport for NSW for the Maritime Safety Plan 2026. Windsurfing NSW is the overarching body that represents windsurfers in this state. There are a range of windsurfing classes, from course racing sailboards to wavesailing. Windsurfing NSW fully supports the commitment to reduce fatalities and serious injuries on our waterways. However, we are concerned that one of the proposed changes to the lifejacket legislation may have the opposite effect. The caveat that a lifejacket is only required when more than 400m from the shore was added to the legislation for a specific purpose. It is to protect the windsurfers who participate in the discipline of wavesailing, which has far more commonalities with surfing than boating. All windsurfers who participate in disciplines that race sailboards already wear lifejackets. This is enforced in any event run under the auspices of WNSW, apart from wavesailing competitions, which take place in the surf close to shore. Just as surfers aren't required to wear lifejackets in the surf for safety reasons, wavesailors are currently not required to wear PFDs as they need to be able to dive under waves, dive out from under their equipment, and avoid dumpers and white water. We are happy to see the rule reformulated to enforce lifejacket wearing close to shore apart from in the surf. It is appealing to try to find a simplified, easy to digest rule to allow messaging to be made more effective. Unfortunately the world is more complicated than that, and the blunt instrument of a one-size-fits-all approach cannot be successfully applied. Windsurfing NSW is happy to work with you in refining these initiatives to allow for our members and other water users to be kept safe.
Lissa McMillan
President WNSW0409044581
www.windsurfingnsw.com

kato
VIC, 3339 posts
16 Sep 2021 6:06PM
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What defines surf ? . Try swimming after your gear with a life jacket on in strong winds. They are inventing a problem that doesn't exist. Next we'll have this stupidity coming south to Victoria.
SA already has gone stupid with their life jacket rules.
There's very little compliance or use anyway. Rant over

AUS817
NSW, 391 posts
18 Sep 2021 8:43AM
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Keep in mind, Maritime are approaching this from the perspective of saving the majority of human lives related too all boating incidents, not saving equipment. However I do realise there are safety concerns specific to wave sailors that need to be considered separately. While swimming after your equipment with a life jacket isn't as quick or as easy as without one, have you ever tried swimming after your gear after you've been injured from a fall or when suffering a cramp. These are the kinds of things a healthy normally strong swimmer doesn't even consider when looking at such regulations, but they are things Maritime would be looking at from an overall safety review.

Think of the number of boating users as a whole (not just windsurfers) who don't wear or carry a PFD when within 400m of shore. The number of wave sailors that fall into this category is so small in the bigger picture that they probably weren't originally considered. I can't even remember the last time I saw a wave sailor sailing at any beach in NSW. Windsurfing NSW is addressing these concerns with Maritime which is the fundamental reason these are proposed changes open for comment.

Let's hope Maritime in conjunction with Windsurfing NSW can define a suitable solution to exclude wave sailors from these changes.

Jethrow
NSW, 1224 posts
19 Sep 2021 8:03AM
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This new round of lifejacket regulations for me brings up the case of the 18' skiffs.

For as long as I can remember they have not worn lifejackets, at least since they began to grow wings. Their argument is that getting out from under a capsized boat requires you to swim down to get out from under the wings and I do not disagree with this. I think it would also apply to a number of other boats and catamarans, wavesailors included.

The thing is though that the 18's are highly visible and yet have nothing resembling a dispensation to the lifejacket rules. It seems to me they just don't wear them. Maybe I'm wrong about the dispensation but I've never seen anything like it. It seems to me that sailing in the surf with a lifejacket on is suicide and therefore any legislative requirement to wear one would be unenforceable. It would require it to go before the courts though.

28knts
NSW, 70 posts
19 Sep 2021 10:45AM
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Done, seriously why do govt organisation have to ask the question "Are you of Aboriginal and/or Torres Strait Islander origin?*" struggling to see why this question was necessary for this survey.

regal1
NSW, 417 posts
22 Sep 2021 9:02AM
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Response from Maritime to various submissions

Hi Jason,
Thank you for taking the time to submit your feedback. The curent 400m caveat was removed based on feedback that it was difficult in many circumstances for sailboarders and kiteboarders to know when they are 400m from the shore. Please note that we will consider the points you have raised and these will be captured as part of the community consultation process.

Kind regards,
Centre for Maritime SafetyCentre for Maritime Safety | Safety, Environment and Regulation
Transport for NSW


kato
VIC, 3339 posts
22 Sep 2021 10:30AM
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Select to expand quote
regal1 said..
Response from Maritime to various submissions

Hi Jason,
Thank you for taking the time to submit your feedback. The curent 400m caveat was removed based on feedback that it was difficult in many circumstances for sailboarders and kiteboarders to know when they are 400m from the shore. Please note that we will consider the points you have raised and these will be captured as part of the community consultation process.

Kind regards,
Centre for Maritime SafetyCentre for Maritime Safety | Safety, Environment and Regulation
Transport for NSW



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That's a silly response... is it more dangerous to be out 420m than 398m. I do wonder about how many windsurfers have drowned due to not wearing a life jacket Australia wide. I still don't believe it's a problem that needs this type of solution

Jethrow
NSW, 1224 posts
22 Sep 2021 5:13PM
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Select to expand quote
regal1 said..
Response from Maritime to various submissions

... it was difficult in many circumstances for sailboarders and kiteboarders to know when they are 400m from the shore..

That is a truly sad reason for doing what they are proposing to do...

regal1
NSW, 417 posts
23 Sep 2021 6:52AM
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Jethrow, you're right. It's pathetic. Apparently, we've lost the ability to measure distance.

regal1
NSW, 417 posts
23 Sep 2021 12:31PM
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Another response from Maritime. It's very arbitrary. For example, SUPs are not regarded as vessels in NSW though they are in many other jurisdictions. Where Maritime wants to go with their survey & safety plan is crystal clear. Public consultation closes at 11.59pm tomorrow.
"Hi Jason,
In the proposed changes to lifejacket wear requirements, a lifejacket would be required on vessels less that 6m when underway. This would apply to sailboards and kiteboards. We have had a number of submissions relating to this topic and they have all been captured and will be considered.
Thanks for your response,
Centre for Maritime Safety Team"

regal1
NSW, 417 posts
24 Sep 2021 12:57PM
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kato
VIC, 3339 posts
24 Sep 2021 1:48PM
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Select to expand quote
regal1 said..




Thank you. Now perhaps there will be some responses from others that are meant to represent our sport.

Mr Milk
NSW, 2868 posts
25 Sep 2021 4:11PM
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Select to expand quote
regal1 said..
Response from Maritime to various submissions

Hi Jason,
Thank you for taking the time to submit your feedback. The curent 400m caveat was removed based on feedback that it was difficult in many circumstances for sailboarders and kiteboarders to know when they are 400m from the shore. Please note that we will consider the points you have raised and these will be captured as part of the community consultation process.

Kind regards,
Centre for Maritime SafetyCentre for Maritime Safety | Safety, Environment and Regulation
Transport for NSW





Which sailboarders gave them that feedback? I can understand kiters worrying about a long swim (400m ain't long) but we've got a personal flotation device under our feet. When was the last time you came off and had to swim more than 10m to get to the board?
And has a sailboarder ever drowned in Australia? I think they're solving a non existent problem.

NSWWA
NSW, 322 posts
2 Oct 2021 10:59AM
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A new update from Transport for NSW:
www.haveyoursay.nsw.gov.au/maritime-safety/news_feed/what-does-this-mean-for-sailboards-and-kiteboards

KA360
NSW, 801 posts
3 Oct 2021 4:29PM
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kato
VIC, 3339 posts
3 Oct 2021 6:34PM
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That's good news..:I hope



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"Proposed changes to NSW lifejacket laws" started by NSWWA