AMSA cracks down on boat sharing
Safety regulator says boat shares must meet commercial safety standards.
The Australian Maritime Safety Authority (AMSA) has thrown a spanner in the works of local boat-sharing schemes by declaring that all boats used for sharing must comply with commercial vessel safety standards.
Having to comply with commercial safety standards will place an additional burden on boat owners looking to share their vessel and may affect the type and cost of insurance cover they are required to obtain.
A boat-sharing scheme called Flote, based on sharing arrangements such as Uber and Airbnb operating in other industries, was recently launched in Queensland. Operators of the scheme said boat-sharing is intended as means to help owners offset the cost of running a recreational vessel, not as a commercial venture to make a profit.
However, in a statement released last week, AMSA said that all schemes that link boat owners with people seeking boating services in return for the payment of money will result in those boats being treated as commercial vessels.
As such, AMSA said those boats will have to “undergo regular surveys (inspections) to ensure they comply with standards for structure, stability and safety equipment and have a safety management system to ensure the safety of passengers and crew.”
“There is inherent danger in the maritime environment,” said AMSA CEO, Mick Kinley. “People paying to use a boat, or the services of a person with a boat, have the right to expect that the boat and its operations are compliant with commercial safety standards.
“In the event of an emergency on a boat, people will find themselves in the middle of a harbour or out on the ocean. While mechanical or structural problems in a car will likely have you waiting on the roadside for a tow truck, emergencies on the water can threaten the lives of those on-board.”
In order to enforce compliance with the standards, AMSA said there are approximately 350 inspectors around the country as well as about 350 water police trained as safety inspectors who have the power to stop and detain vessels suspected of operating commercially.
“Inspectors will look closely at any arrangement in which a vessel is being used by persons other than the owners,” said a spokesperson.
CEO of Flote, John Kavanagh, said he was “surprised” and “disappointed” by AMSA's position.
“Flote users will be not-for-profit,” he commented. “Boating for our users is a hobby, an enjoyable pastime. Flote users are not about being in business, it’s about offsetting the significant costs of owning a recreational vessel in Australia.”
Kavanagh added that despite AMSA’s best intentions to ensure marine safety, the opposite outcome will result.
“The boat share economy is not going away, so instead it will be driven ‘under the radar’ where it is already widespread. That is not a good outcome for marine safety, the community or the taxpayer, because it will result in the AMSA expending significant resources trying to ‘hold back the tide’ of the now invisible recreational boat share economy,” he said.
Kavanagh also pointed out that there are already provisions under current AMSA regulations for non-profit organisations to share vessels without being regarded as commercial operations.
“What is the difference in principle between a not-for-profit boat club and a not-for-profit participant in the boat share economy?” he asked.
Having met with AMSA officials in Canberra this week, Kavanagh told Marine Business he thought the safety authority now had “a new appreciation of the difficulties that their position will create".
"The situation is more complex than they first thought,” he said.
