Comment sought on NSW lifejacket laws

NSW Ports and Waterways Minister Joe Tripodi called for public comment on proposals that would see the most sweeping reforms to lifejacket rules in more than 30 years.

Launching a discussion paper canvassing new categories for compulsory wearing of lifejackets, Tripodi said the reforms are aimed at recreational boaters in situations of heightened risk, especially children and boaters in tinnies.

"We are not looking at making the wearing of lifejackets compulsory at all times because not all boating activity has a similar risk," Tripodi said.

"For example, taking a tinnie offshore has a significantly higher risk than sitting inside a motor cruiser in a quiet bay.

"We're not about taking the fun out of boating. However we want boating to be enjoyable but safe and we know if there is an accident a lifejacket can dramatically increase your chance of survival."

Of the 174 boating fatalities in NSW in the past 10 years, just over half resulted from a person falling overboard or a vessel capsizing. Drowning has been the primary cause of death and only 7 per cent of victims were known to have been wearing a lifejacket.

Currently in NSW it is compulsory to wear a lifejacket when:
• crossing a coastal bar;
• riding on a personal watercraft (eg. jet ski);
• engaged in tow-in surfing; or
• on a canoe, kayak, windsurfer or kitesurfer when 400m or more from shore.

Proposed Changes
It is proposed the minimum requirement would be for a lifejacket to be worn:
• by children less than 10 years old in a vessel less than 4.8 metres in length;
• by children less than 10 years old when underway in the open area of a boat less than 8 metres;
• when waterskiing or wakeboarding;
• when in a vessel less than 4.8 metres in heightened risk situations such as at night, when alone, and on ocean waters;
• when operating an off-the-beach sail craft in ocean waters;
• on small recreational craft such as kayaks and sailboards, at all times in ocean waters and when more than 100 metres from shore in sheltered waters;
• when in a vessel less than 4.8m on alpine lakes; and
• at times of "Skipper Judgement and Direction" - this approach would give a skipper the right to require passengers to wear a lifejacket if, for example, a change in the weather heightened the risk of a routine boating trip.

The proposals represent the biggest changes to boating safety since the Boating Safety (Equipment) Regulations were introduced in 1975.

Tripodi said the current "coastal bar crossing" regulation for boaters demonstrated how lifejackets can save lives.

"In the six years since the lifejacket requirement for bar crossings was introduced there have been two fatalities on bars compared to 14 in the preceding 11 years."

Tripodi announced the discussion paper will also seek comment on safety issues surrounding rock fishing, including whether lifejackets should be compulsory in certain conditions.

"While NSW Maritime doesn't have a role in rock fishing safety, and regulation would not be easy, stakeholders have asked us to include the issue for discussion.

"So far in 2009 nine people have drowned while rock fishing and this is simply too many."

The Discussion Paper and online feedback form can be found at www.maritime.nsw.gov.au or by enquiring at NSW Maritime offices.

Comments close on Friday 8 January 2010.