Friday, August 19, 2011

Sorry for the long wind



The US Coast Guard has regulated that stand up paddle surfing boards are in fact vessels and therefore SUPers will be subject to be its laws (i.e. have to wear lifejackets and maybe licensed). This illustrates the need of the US stand up paddle community to get a national organisation together to work with Coast Guard, rather than just be subject to its edicts.

Here is the press release :

All applicalbe laws and regulations will apply to the use of a 'stand up paddleboard & paddleboard' that pertain to vessels under the U.S.C.G, such as wearing the appropriate USCG approved type of lifejacket persuant to the waterway being operated under, and not limited to other regulations. The Chief of Boating Safety for the U.S.C.G. has officially recognized a paddleboard as a vessel.

These laws will apply to enforcement of the boating safety regulations for paddleboard specific use. The USCG considers a "paddleboard" to be a vessel upon research and the criteria used and guidance provided in previous legal opinions regarding whether or not it is specified as a vessel under 1 U.S.C.&3.

Based upon the information available, the USCG determined when beyond the narrow limits of swimming, surfing or bathing area, the device known as a "paddleboard" is a vessel under 46 U.S.C.&2101, and therefore subject to applicable regulations administered by the US Coast Guard and its Office of Auxiliary and Boating Safety, unless specifically exempted.

PARAMETERS FOR DETERMINING WHETHER A 'PADDLEBOARD" IS A VESSEL

(1) Whether the watercraft is "practically capable" of carrying persons or property beyond the narrow limits of a swimming, surfing or bathing area:

A paddleboard is "practically capable' of and intended to be used as a watersport activity beyond the narrow limits of a swimming, surfing, or bathing area. It combines traits of surfing and canoeing. In Paddleboarding, a person stands on a large board which is stable enough to support a person while they paddle the device using a paddle in a manner similar to operating a canoe.

Paddleboard manufacturers depict this activity as multi-use, ranging from use as a 'paddling' activity on inland waterways to a form of 'surfing' in the ocean. For novice and the less thrill-seeking, using the craft to simply enjoy time on the water is becoming more popular.

(2) Whether the useful operating range of the device is limited by the physical endurance of its operator:

The operator of a paddleboard manually propels the craft through the use of a paddle. To a large extend the operating range is limited to the physical endurance of the operator, although because of its stability, the paddleboard could easily drift with the wind and water current. This potential physical endurance limitation is similar to that impacting sailboarding, canoeing, kayaking and other boating activities requiring high levels of physical capability.

(3) Whether the device presents a substantial hazard to navigation or safety not already present:

Paddleboard maneuvered across a waterway to locations where other larger and faster craft travel present a substantial hazard to navigation or safety not already present. Paddleboards are not as powerful or maneuverable as larger craft and they are not as visible. The paddleboard user faces a similar hazard as other users of sailboards and canoeists/kayakers.

There are paddleboarding competitions in coastal areas and organized paddleboard excursions on inland waterways. Paddleboard 'trails' have also been established, including one on the Deschutes River in Oregon that is 60 miles long.

(4) Whether the normal objectives sought to be accomplished by the regulation of a device as a 'vessel' are present:

As a potential hazard to navigation or safety, regulation of paddleboards as vessels would meet the normal objectives sought to be accomplished by the National Recreational Boating Safety Program.

(5) Whether the operator and/or cargo would no longer be safe in the water if the device became disabled.

Paddleboards would provide a minimal level of safety to operators if they became disabled. Thus, the operator may no longer be safe in the water if the operator of the device became fatigued or disabled, or if the device itself became disabled.

Conclusion.

1 U.S.C.&3 states that "The word 'vessel' includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water." Given the answers to the questions above and the definition of the word "Vessel" in the US Code, when utilized beyond the narrow limits of a swimming, surfing, or bathing area, a paddleboard is a vessel subject to regulations administered by the U.S. Coast Guard. 

3 comments:

  1. The Coast Guard has stated that Stand-Up-Paddleboards are manually propelled “vessels” in the same class as kayaks, rowboats, canoes, etc. They are all vessels used for on-water transportation through the use of paddles or oars for propulsion. Although registration and numbering of manually propelled vessels is not required in Arizona or California, life jackets are required.

    Arizona State law, ARS 5-331.A states:

    All watercraft, except sailboards, shall carry United States Coast Guard approved personal flotation devices of the type and category prescribed by regulations of the commission. There shall be one such device in good and serviceable condition for each person on board and so placed as to be readily accessible for immediate use.

    Arizona Game and Fish Commission Rule R12-4-511.B similarly states:

    The operator of a canoe, kayak, or other watercraft shall ensure that the canoe, kayak, or other watercraft is equipped with at least one appropriately-sized, U.S. Coast Guard-approved, wearable personal flotation device that is in good and serviceable condition for each person on board the canoe, kayak, or other watercraft. The operator of a canoe, kayak, or other watercraft shall also ensure that the wearable personal flotation devices on board the canoe, kayak, or other watercraft are readily accessible and available for immediate use.

    California law has similar provisions.

    What this means is that each “operator” of a Stand-Up-Paddleboard is required to have a Coast Guard approved lifejacket on board, and available for immediate use. If there is more than one person on board the SUP, there must be a lifejacket for each person. In the case of children, 12 years old or under, they must wear the lifejacket.

    SUPs are also considered manually propelled vessels to determine lighting requirements, when operating between sunset and sunrise or in periods of reduced visibility. Proper lighting for manually propelled vessels simply consists of a flashlight or lantern, capable of shining a white light in sufficient time to warn oncoming vessels of their presence. The white light should be visible for 2 miles. “Glow sticks” or any other colored lights should not be displayed, as they may be mistaken for red or green running lights of power vessels.

    The decision to wear lifejackets on Stand-Up-Paddleboards, for those over 12 years of age is up to the individual user. But they must be on board and readily available.

    Exceptions to the life jacket and lighting rules are given when the SUP is in a restricted swimming area or in a surf zone. In these situations they are essentially the same as surfboards or float toys.

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  2. PFD Laws – SUP or Paddleboards Now Classified as Vessels
    admin | Dec 30, 2010 | Comments 1

    The United States Coast Guard (USCG) has officially classified stand up paddleboards (SUP) as a vessel. With the rapid growth of SUP in recent years on the West and East coast of the United States, the Coast Guard recently classified “paddleboards”, meaning SUP’s as “vessels.” SUP, the newly classified vessels must comply with federal Navigation Rules and “carriage” requirements when operated beyond the limits of a swimming, surfing or bathing area. Adult stand-up paddlers are required to have a USCG-approved life jacket also known as Personal Floatation Device (PFD, Type III) for each person, a sound signaling device (whistle), visual distress signal and navigation light (flashlight).

    With this said there are many details with the new PFD law that most cities and harbors are now enforcing. All persons 12 years old and under are required to wear a USCG-approved life jacket or PFD however all operators over 12 years of age are only required to have a Type III adult USCG-approved life jacket or PFD either attached to the vessel or on the operators person. As stated in the first paragraph, SUP operators are not required to wear or have a PFD if you are in the surf line. So, SUP surfers are not required to wear a PFD. The WPA will be inquiring for an exception with the new PFD law with the USCG. The letter will state “if the stand up paddleboard operator is tethered (wearing a leash) to their board or vessel, can this be deemed as an alternate or replacement for having a PFD.” Most would feel that a stock (12’6”) or larger SUP board would be a better floatation device as long as the operator were attached to the vessel. How much easier would it be to administer CPR or first aid to a victim or person in need on a SUP board rather than in the water?

    The same requirements apply to kayaks and other manually propelled vessels of similar size. Stand-up paddleboards are exempt from hull identification number and registration requirements. Please know that motor and large sail vessels have the right of way over paddleboards, kayaks and SUP crafts. It is your responsibility to know the rules of the water, so be safe considerate of other large vessels. The Harbor Patrol will continue to educate and enforce the new law with all stand-up paddlers.

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