Mandatory PFD Law Proposed for MA

[eneumeier]

In the aftermath of the loss of two young women out of Harwichport last October legislation is being proposed in MA to require PFDs to be worn at all times while kayaking. Here is the link for more info:

http://www.vsv.cape.com/~harharb/ciha/kayakpressrelease.html

I never paddle without wearing my PFD and they are mandatory on all NSPN trips. After following the links and reading comments of others about this proposed bill - follow the links - I am still not sure how I feel about it. When this accident happened, PFDs were mandatory. They were violating MA law by not wearing them.

Some of the commentators suggest that requiring a safety manual to be provided with each kayak sold will do more for safety than a rule with the attendent enforcement problems. If that approach is taken it seems to me that outfitters renting kayaks would need to provide the info also.

NSPN cannot "lobby" but can educate legislators about issues.

What do people think about this one?

Liz N.

[Guest guest]

Actually a non-profit can (or used to be able to) lobby on an issue impacting the function/mission of the organization, provided that no more than 5% of the organization's financial resources is spent on such efforts. I doubt this would ever be the case for NSPN. You don't have paid staff (representing monetary resource) going up to the state house to lobby or buying legislators dinners/lunches with organizational funds. You have a volunteer board and members who can call and "advocate" for a particular perspective on their own time, with their own resources, be it by phone, letters or email.

Individual contacts with our elected officials are very effective, especially if you vote regularly (politicians have access to the voting attendance and know who has voted though not for whom or what). But organizations with significant membership are much more effective in advocating with legislative leaders since they are responsible for more than just their own constituency. These leaders include House Speaker, Senate President, chairs of the respective ways and means committees, and chairs of other relevant committees.

sing

[Guest guest]

Although I always wear my PFD when kayaking, I think this law should be limited to the ocean and perhaps certain other large bodies of water. I think it would be impossible to enforce a mandatory PFD law in the heat of summer on ponds, etc., particularly when canoes don't share the same requirement.

I'm sure those who paddle Greenland style and want to wear a Tuliq instead would have an objection to this law, particularly in the warmer months, because the PFD provides too much flotation for many Greenland manuevers. I think some of them wear inflatable PFDs just to comply with the current law.

Whistles are probably a worthless requirement for the average recreational kayaker and I don't believe they would have helped those two who died. The sound of most of them just doesn't carry far enough.

As a practical matter a compass is of limited value if you don't have a chart and certainly isn't much good if you don't know how to use it.

Also don't think the second sentence of the law is well worded. If the kayak itself must be equipped with a compass and whistle, does that mean that those carried in or on the PFD do not count? I cannot see rental places outfitting every kayak, sea or recreational, on every body of water with a deck compass. Why do you need a compass on Walden Pond or the Charles River?

What they really ought to do is outlaw taking of recreational boats (no flotation or sealed bulkhead, and no way to outfit with a spray skirt), on the ocean or other large bodies of water.

I agree with Liz that a safety manual would be nice. However, in my experience most people don't take time to read things and they are gonna do what they want to do anyway.

Jill

[Guest guest]

Okay, found the site with the updated info on non-profit "lobbying."

http://www.clpi.org/lobby_law_hm.html

The quick tutorial is the place to start.

sing

[eneumeier]

Great link!

I actually did know about the 5% rule but was too lazy to write all that out. In any event I doubt, for the reasons sing gave, that NSPN will want to spend any of its money that way.

Jill makes some good points. Reaching people who do not want to listen is pretty tough.

Liz N.

[Brian Nystrom]

Jill,

I agree with much of what you say, but I have to take issue with the diffentiation between various bodies of water. Capsizes and the resultant fatalities can and do occur on all types of water. Fresh water is often more dangerous than the ocean, since springtime temps of ponds and lakes are typically lower than ocean temps and rivers/streams are often colder all year, depending on their size and source. If you read last year's ACA report of padding fatalities, the majority of deaths are of canoeists on fresh water.

One thing is certain, if this law is going to be passed, it should be ammended to include canoeists.

I think it is also important that the language be changed from "whistle" to "audible signalling device", so that horns and other more effective means of signaling are included.

[Brian Nystrom]

Liz,

I share your mixed feelings about this proposal. I tend to feel the same way I do about seatbelt and helmet laws, that it should be a matter of personal choice, at least once you reach the age of consent.

However, I don't think it would behoove us to oppose this measure, as it would certainly come back to bite us. I do think it would be worthwhile to approach the crafters of the bill with some suggestions that would make it more effective, such as:

- In light of the fact that the majority of paddling deaths are of canoeists (on fresh water), it should be ammended to include canoeists in addition to kayakers. See the ACA report from 2003 for the figures.

Even more effective would be to include all watercraft under 20' in length, but that would probably be fought hard by the power boating lobby.

- The language should be changed from "whistle" to "audible signalling device" (or something similar), so that horns and other more effective means of signaling are included and encouraged.

- It NEEDS to be ammended to include Type V PFD's, which includes inflatables.

[Guest guest]

This bill,while well intentioned,is really not effective. First of all,as Liz noted,they were already in violation of the current law mandated PFD's seasonally. I never understood this law-people don;t drown in the warm weather months?

Having a whistle is a good idea but has limited application(short range on a windy day). Having a compass is a great idea-unless you have no idea how to use it. Making the equiptment mandatory,without any instruction will result in a lot of compasses and whistles stuck inside hatches,just to satisfy the law. Outfitters would no doubt meet the requirement of law,but in reality,how can you police the thousands of private kayakers,and check for compliance.

I think the bottom line is educate-don't legislate. The work NSPN does in promoting kayak safety is far more effective than trying to force safety by law. You cannot force safety by legislation-if you could-seat belt compliance would be 100%.

The legislative effort would be far more effective if the situation was addressed right from the start. Retailers of kayaks are the first line of defense. Promotion of kayak safety courses should be a mandatory part of any new kayak sale. A retailer could provide a list of approved organizations teaching a "quick start" or similar kayak safety programs. The retailer could also stress the importance of taking a safety course,or could possibly sponsor a "kayak safety day" similar to,or in conjunction with the "demo days" held by many stores.

Perhaps NSPN could participate in this type of activity. Who better to teach the importance of kayak safety?

New kayakers are the highest risk category and the place to begin promoting safety is long before they get on the water.

[Guest guest]

I am on a mailing list from the AMC that sends out issues of interest for members to contact congressmen, etc. The cost to the AMC consists of maintaining a mailing list and posting a message, below any percentage of club funds and meeting any law. This method brings issues to the attention of members and allows them to respond, or not, as they choose.

[Shane]

Albeit wearing a PFD is just plain common sense (IMO - in any body of water in practically any boat), I do not support legislature to tell me to do so, nor do I believe our US or state government has the right to do so under our Bill of Rights.

Seat belts (same common sense thing applies here) I see differently as a driving license is not an entitlement of being here. As a privilage of being able to continue to drive, I have to follow rules in order to maintain that privilage. This is, at least, my reasoning for not being upset over the belt laws.

I don't think of paddling in the same light. Not even close. Buying and paddling, I don't see as a privilage - it's my right.

With that said, if this law is the only law being considered as a result of the trajedy off of MV, I am relieved. I figured that something much more radical would be proposed.

_Shane

"Would a knife help protect you against a ‘curious’ shark? I don’t know but I would like the option." - Trevor Gardner

[eneumeier]

> The legislative effort would be far more effective if the

>situation was addressed right from the start. Retailers of

>kayaks are the first line of defense. Promotion of kayak

>safety courses should be a mandatory part of any new kayak

>sale. A retailer could provide a list of approved

>organizations teaching a "quick start" or similar kayak

>safety programs. The retailer could also stress the

>importance of taking a safety course,or could possibly

>sponsor a "kayak safety day" similar to,or in conjunction

>with the "demo days" held by many stores.

> Perhaps NSPN could participate in this type of activity.

>Who better to teach the importance of kayak safety?

A couple of years ago NSPN was invited to do a safety demo at the Gloucester Seafood Festival. It conflicted with the seals trip, a surf class and something else so no one was available to do it. I have regretted missing that opportunity.

Dan's suggestion sounds like a good winter project: form a committee to develop a short demo presentation, shop it around to outfitters to see who wants us to do it, line up folks for the schedule. Anyone who has paddled with NSPN for a year knows enough about the basics. Yet another way for people to give something back to the club and to help more newbies get started right.

> New kayakers are the highest risk category and the place

>to begin promoting safety is long before they get on the

>water.

Absolutely!

Liz N.

[Guest guest]

government has no business trying to save us from ourselves. john stuart mill is doing horizontal pirouettes.

what's next? paddling permits? manditory sponsons? please save us, nanny govt.!

[Shane]

From my perspective, NSPN recognizing this need, taking ownership, taking initiative and organizing such events is an absolutely, fantastic idea.

In hindsight, I wish that I had had something like this before I went out the first several times. It's NOT knowing what you don't know that can be most dangerous in this sport, and we could perhaps make a difference here.

_Shane

"Would a knife help protect you against a ‘curious’ shark? I don’t know but I would like the option." - Trevor Gardner

[buddy_hogan]

Hi Everybody

These courses have been around for years. There are newer courses available If you would like I will have the ACA send me some updates?

Your friendly ACA Instructor

==Buddy

AMERICAN CANOE ASSOCIATION

INTRODUCTION TO KAYAK

PURPOSE - The ACA Introduction to Kayak Course is designed as a short program emphasizing safety, enjoyment and skill acquisition for entry level individuals in the public, private and commercial setting.

GOAL - Safety: To safely paddle on flatwater, perform self-rescue and respond to emergencies that arise.

GOAL - Enjoyment: To become aware of paddling opportunities and the rewards of a lifetime participation in paddling.

GOAL - Skills: To acquire the skills to safely and enjoyably paddle a kayak on easy, open water.

Prerequisites: None

Duration of Course: 6 (Instructors may lengthen the course at their discretion.) Times shown are approximate, and subject to local conditions.

Location: Flatwater

INTRODUCTION TO KAYAK

CONTENT OUTLINE

INTRODUCTION and LOGISTICS

· Welcome

· Introduction of instructors and participants

· Logistics: Overview of the course with expectations and limitations. Sequence, class times, regrouping, alternate plans.

· Site specifics/procedures, including toilet facilities

· Waiver/Assumption of Risk/Medical Form

· Life Jackets (PFD) usage (wear at all times while on the water)

SAFETY

· ACA Safety Packet (AWA revised safety code)

· 3 Ws - wind, waves & weather,

· Local Environment; tide, current, traffic, etc

· Hypothermia: discussion on HELP, HUDDLE brochure

· Regulations: Life jackets (PFDs), other equipment, litter, access, private property, etc.

· Alcohol/Chemical Substance abuse

· Signals -

EQUIPMENT

Personal Equipment:

· Kayak: types, parts, materials and flotation

· Paddle: types, parts, length and hand position

· Life jackets (PFDs): types, materials, fit and regulations

· Appropriate clothing: comfortable/protective

· Care of equipment

Additional Personal and Group Equipment:

· Extra paddle, dry bags, maps, water, food, sponge, hat, eyeglass strap, whistle, foot protections, bug spray, sunscreen, first aid kit and location of equipment

· Handout Optional.

· Instructor inspects any participant-owned gear

GETTING STARTED

· Stretching and warm up to reduce injury

· Kayak carries

· Kayak Toping:

· Loading and unloading, racks, tie down

· Demo using straps or line and knots to secure craft to vehicle

· Launching/landing from land or docks

· Kayak Trim

· Posture, rocking and balance

· Basic Terminology

· Outfitting

· Land & water etiquette

RESCUE:

· Water confidence and comfort test

· Self Rescue - HELP/HUDDLE

· Rescue Sequence: Reach, Throw, Row & Go (RETHROG)

· Rescue Priorities: People, boats & gear

· Controlled capsize drills

· How to empty a kayak

· Hand paddling swamped kayak

· Demos:

· Kayak over Kayak rescues

· Deep water exits and re-entry

STROKES

· Forward

· Back (stopping)

· Draw

· Sculling draw/brace

· Sweep (including Stern Draw)

· Reverse Sweep

· Rudder

MANEUVERS

· Spins: boat pivots in place

· Abeams: boat moves sideways without headway

· Forward: boat goes forward in a reasonably straight line

· Stopping: boat stops within a reasonable distance

NEXT STEPS

· Wrap up

· Course limitations (not a river course)

· Need for further instruction, practice and experience

· Guidebooks and Videos

· Need for First Aid and CPR training

· Trip planning - 6P's: prior, proper planning prevents poor performance

· Lifesport/Paddling options

· Local paddling groups/clubs

· ACA Membership and Participation cards

Signature

Instructor: _______________________________________________________

Student: _________________________________________________________

This course is appropriate for all kayak craft, including traditional decked kayaks, inflatables and Sit on tops. It is assumed the boats will be paddled solo. The instructor may want to limit this program to one type of craft but should announce this prior to the start of the course.

(Times shown are estimated total teaching times for each part. Instructors should expect actual times to vary depending on the site, weather, number of sessions over which the class is spread, number of switches between on-water and offwater in any given session, and the students' interests, abilities, and experience.)

16 February 2001

[Shane]

Hi Buddy,

Perhaps I am misunderstanding, but I envisioned this more as an awareness initiative opposed to an introductory kayaking course. Definitely the kayak courses are best left to those trained in teaching and those with the skills to do so.

-or- Are you suggesting that if such a thing happens, the content for the "event(s)" could leverage information in the ACA outline?

What I wonder is how many people go from REI with Carolina or similar strapped to their car down to the Mystic River - not passing go so to speak. I know a couple years ago, there was at least one such person

Is there a way to raise awareness before someone knows enough to take a class? If so, this awareness may help people get into a "real" kayaking class sooner?

For me, this kind of approach, even if it seems too much on the kayak safety mantra side, is far better than being legislated out of my boat.

_Shane

"Would a knife help protect you against a ‘curious’ shark? I don’t know but I would like the option." - Trevor Gardner

[buddy_hogan]

Shane,

Whatever happens, legislation, kayak permits, mandatory training, whatever.

If boat manufactures were to classify their boast and state what usage they are fit. Ie.. Flat Water, Estuaries, Coastal Waters, Rivers, the required equipment, and the national or local organization that provide training we would be in a better place today.

If mandatory safety training becomes required to obtain a permit to operate a coastal kayak we are in for a long process of certification of both instructors and paddlers.

Most people are sold a boat that matches the amount of money they have in their pockets ($395.00). Extra equipment needed to get the boat on top of their car and off they go.

How many pages of paper would it take to inform a person the training they need? One or two?

All I’m saying is if the retailers supported by the manufactures could spend a few pennies on safety, if those two young women were to have read one page of information from NSPN or ACA or BCU it would be a different today. NSPN can be that safety massager in this area, in some cases we are.

While everyone is débuting, I’ll be training others just as most of the instructors will be. You can see just how fast a kayak Course can be introduced.

You can’t save them all. You can only try and train to be ready to do so.

Buddy Hogan

ACA Instructor

NSPN Board

[Jed]

>Dan's suggestion sounds like a good winter project: form a

>committee to develop a short demo presentation, shop it

>around to outfitters to see who wants us to do it, line up

>folks for the schedule. Anyone who has paddled with NSPN for

>a year knows enough about the basics. Yet another way for

>people to give something back to the club and to help more

>newbies get started right.

In my area we offer a free introductory lesson to people buying kayaks from local outfitters. That way we support the local outfitters and the buyer is well motivated to learn about basic safety. When people show up for the free lesson they get a 2 hr introductory / safety course and advise to take legit training from an established outfitter. We run the free lessons one weekday night each week as needed at a local lake. Nobody gets paid for this and it's not part of any club or business.

The first boat I ever bought came with a similar offer and I always thought it was a great idea. I normally stamp "Good For Free Introductory Lesson" on the back side of a business card and leave a stack at the outfitters around my area. Most of the people that show up are rec paddlers that will never pay for a lesson from anyone, but at least I get the satisfaction of knowing someone told them about the potential dangers and how they can learn to stay safe. Every now and then I hear about someone bring one of these cards to the wrong lake and being less than well received by some club.

Note: I don't offer/teach the courses that I recommend that people to take so there's no direct commercial or financial benfit to me from this effort. But it sure feels more productive that voting in favor of legislation.

Jed

"The ability to defend an opinion with absolute certainty . . .

. . . is inversely proportional to one's actual experience."

[Shane]

IMO, that's an ideal model. I didn't get a free lesson from EMS when I bought the mighty Perception Sierra, but if I had, I would have taken advantage of it.

Is it NSPN organizationally possible to do this? Is it that easy of a win-win?

Usually there are downsides to everything, I don't see any here. What am I missing?

_Shane

"Would a knife help protect you against a ‘curious’ shark? I don’t know but I would like the option." - Trevor Gardner

[Brian Nystrom]

If I'm not mistaken, what Jed is doing is directing people to the skills sessions at Glen Lake. There's no reason that the same couldn't be done for other skills sessions, unless the people running them would be overburdened.

[Jed]

>If I'm not mistaken, what Jed is doing is directing people

>to the skills sessions at Glen Lake. There's no reason that

>the same couldn't be done for other skills sessions, unless

>the people running them would be overburdened.

I tried that one year but for the past two years I have just had the people call me and we arrange a seperate night. I though I could do the two at the same time but my schedule kept doing weird things so I could not commit to a specific night of the week. The confusion may come from the way we used to push the NH skill sessions at the local outfitters. There are quite a few people that are aware of the regularity of the NH skill sessions and so people will confuse the two for quite some time I'm afraid. I'm temped to start a similar program up in VT and probably will if my schedule expands there. This is just an extension of my intructor's training, trying to keep in touch with the mind-set of novice paddlers. I may not charge for this but it's a very worthwhile thing for my training.

Jed

"The ability to defend an opinion with absolute certainty . . .

. . . is inversely proportional to one's actual experience."

[Brian Nystrom]

I wasn't aware that you were holding separate beginner sessions. That's quite commendable.

[Jed]

>I wasn't aware that you were holding separate beginner

>sessions. That's quite commendable.

Commendable is a bit strong of a word. Remember I do this as part of my training. I'm not sure that I would be so motiviated if that L3 certification wasn't dangling in front of me. It just happens to work for me and for the people that attend. I'm not saying it's making a huge impact or anything, I just think the draw of a free lesson is more attractive than a printed document or dry-land presentation.

There's no reason why non-isntructional outfitters couldn't be incouraged to do the same thing in other areas and it would be very easy to send people to skill sessions for the intro / safety course. I had to change because I couldn't guarantee my attendance at the skill sessions but that is less of an issue for other people.

Jed

"The ability to defend an opinion with absolute certainty . . .

. . . is inversely proportional to one's actual experience."

[markstephens]

According to "Deep Trouble, True Stories and Their Lessons" from Sea Kayaker magazine, an inordinate number of powerboat drowning victims are found with their trouser flies open (p. 37). (Most had been drinking.) So, as long as power-boaters are required to wear wetsuits without relief zippers, I'm fine with mandating that kayakers wear PFDs...

Think of the lives that would be saved if people weren't "allowed" to lean over the sides of their boats to take a leak. Why haven't the Harbormaster Associations taken up the cry on this serious issue?

[BOB L]

As one of the few among us that has a ticket for lack of a worn PFD while on the water in MA. I must say that I am fully against any law that tries to protect me from myself. Yes I got one in my younger not so smart days and yes it was on fresh water in a canoe and in a river that was only 12 feet wide at the largest point. The law did nothing to protect me it just raised money for the state. Jed’s emails about lessons are what has really helped me. When I bought my boat the person I bought it from recommended that I go over to the Glenn lake skill sessions and check out NSPN. The sessions taught me a lot that I didn’t know and even more of what I thought I knew but was wrong about. Now the PFD is always worn and I no longer paddle if I couldn't last 5 min in the water the way I'm dressed. Just thought I would give my two cents worth as someone who has been on both sides of the issue.

Bob Lambert