PFD Legislation and Windsurfing in South Australia
Richard Upton, Secretary, Windsurfing SA, 12 Sept 2012
Aims
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Make a case that current legislation has the potential to harm rather than protect windsurfers.
Lobby for a review of the legislation to Minister of Transport and Transport SA CEO.
A moratorium on prosecution while the legislation is being reviewed.
Present a "united front" as a windsurfing community and be very clear and consistent on what
we are asking for.
Try to present an educated and informed argument.
Types of Personal Floatation Devices
From the National Marine Safety Committee. Note the statement that Type I PFD's impede the ability to
swim.
Type I
The most common, general purpose PFD for use on power boats is a PFD Type 1. This type of PFD is
suitable for use in both sheltered and open waters and they come with either foam buoyancy or
inflatable chambers. Jacket style PFD Type 1s are a comfortable option. Cheaper block type PFDs will
work in an emergency, but are uncomfortable to wear for any length of time.
Type II
A PFD Type 2 is typically used when sailing, waterskiing, kayaking, canoeing or windsurfing. These PFDs
are less bulky than a PFD Type 1 and don’t inhibit your ability to swim. However, they have less
buoyancy to keep you afloat and are only suitable for use by competent swimmers in sheltered waters
where you expect to be able to reboard the boat more or less immediately.
Type III
Mainly used in waterskiing, a PFD Type 3 has similar characteristics to a PFD Type 2 but is manufactured
in a wider range of colours. It’s suitable where high visibility is not required because you have at least
one observer in the boat. PFD Type 3s are also available as buoyant wet suits.
Differences between States
SA - less than 400 from shore - Type 3 PFD
SA - more than 400 from shore - Type 1 PFD
This potentially means that a Type 1 PFD needs to be used at surf beaches such as Middleton.
VIC - less than 400 from shore - No PFD required if wetsuit at least 3mm thick
VIC - more than 400 from shore - Type 1 or 2 PFD.
WA - less than 400 from shore - No PFD required
WA - more than 400 from shore - Type 1 PFD (not clear to me from the legislation?).
NSW - less than 400 from shore - No PFD required
NSW - more than 400 from shore - Type 2 PFD.
All states above do not require a PFD to be worn for a surfboard, surf ski or racing shell.
See Appendix 1, 2 & 3 for details for each state.
Current practice
Windsurfing is a diverse sport that can take place in a variety of wind and water conditions. At its
gentlest in light winds and flat water, it has a very low risk of harm and the risks are analogous to
standup paddleboards and surfskis in the same conditions (PFD's are not needed for these craft). At its
most extreme in strong winds and large waves, windsurfers can be seen sailing without major incident in
conditions that are not navigable for other craft. The principles for safe windsurfing in all conditions are
widely understood by the windsurfing community:
1. They do not go out in conditions that pose a risk given their ability level, current fitness and
equipment.
2. They do not sail further out from shore than they are prepared to paddle or swim in.
3. Self-rescue involves retrieving the board, and while using the board for floatation swimming the
board and sail in to shore. This has been done many times by many windsurfers. In extreme conditions,
the sailing rig is abandoned. At worst, the board and sailing rig is abandoned and the windsurfer will
swim ashore. This then analogous in risk to a surf or ocean swim.
4. In a surf break, normal surf survival skills are needed.
a. The ability to duck dive on coming waves
b. The ability to duck dive equipment (yours or someone elses) carried towards you on a wave
c. The ability to "unhook "the harness connecting you to the board and then swim out from under
equipment
d. The ability to breath hold and avoid injury while being "tumbled" by a breaking wave
5. Many windsurfers consider that their wetsuit provides the amount of added buoyancy that
maximises their safety. Some consider a helmet rather than a PFD as the safety aid of choice.
Sources of buoyancy available to a windsurfer
The board is by far the greatest source of buoyancy.
Board (70+ Litres of buoyancy)
Wetsuit (5 L buoyancy)
PFD (5-10 L buoyancy)
The case for and against PFD's
Advantages of sufficient personal buoyancy
Will help support a tired conscious sailor if separated from the board
Dangers of excessive personal buoyancy
Impeded ability to swim and retrieve board (loss of major source of buoyancy)
Impeded ability to swim ashore (greater chance of tiring and drowning)
Impeded ability to duck dive waves (increased chance of injury or drowning in breaking water)
Impeded ability to duck dive equipment (increased chance of injury or unconsciousness)
Impeded ability to swim out from under equipment (increased chance of drowning)
Dangers of a poorly designed PFD
Impeded ability to unhook the harness line from the rig (danger of being trapped under the sail)
Impediments of a PFD to sporting competition
Loss of mobility due to a PFD impedes the practice of freestyle and wavesailing disciplines of windsurfing
where sailors compete by performing complex, athletic maneuvers that are scored for style (as per
gymnastics and surfing).
Serious and Fatal Incidents involving Windsurfers
There were no incidents in SA were the incident would have been preventable or lessened in severity by
wearing a PFD.
In South Australia
http://www.courts.sa.gov.au/courts/coroner/index.html
Death - Hardwicke Bay, Shark attack
My recollection only:
Death - Milang, Heart attack
Long term Spinal Injury - Milang, Catapult in shallow water
Broken leg and prolonged drifting - Seacliff
Outside South Australia
There are incidents outside SA were the incident may have have been preventable or lessened in
severity by not wearing a PFD (*).
Death* - Geraldton, Trapped under sail in surf
Death* - France, Trapped under sail in shorebreak
Death - Yamba, Heart attack
Death - Philip Island, Shark attack
Proposed rules that maximize the safety of windsurfers for comment
Adopt current VIC legislation
Within 400 m of shore -No PFD if wetsuit is at least 3mm thick.
More than 400 m off shore - Type 1 or 2 PFD that does not impede swimming or harness use.
Appendix 1 - Current SA legislation
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.
Appendix2 - Current VIC legislation
Appendix3 - Current WA legislation
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;
Appendix4 - Current NSW legislation