The lifejacket rules are being strengthened for children aged under 12. NSW Maritime News

Lifejacket reforms for NSW waterways

Lifejacket laws are changing in New South Wales on 1 November 2010.

The new rules for recreational boating to improve safety and reduce deaths from drowning were unveiled in July by NSW Ports and Waterways Minister, Paul McLeay.
Mr McLeay said a NSW Maritime lifejacket discussion paper proposing changes had touched a nerve in the boating community, with a record 3,615 responses.
“There was overwhelming support for the proposals. I’d like to thank boating organisations and the maritime industry for driving these reforms, and for boaters in general for taking the time to make a submission.
“A lifejacket can’t save your life unless you’re wearing it, and so we’re changing the rules to ensure that in times of heightened risk it’s now essential rather than optional.
“We want boating to be fun so we haven’t said a lifejacket has to be worn at all times. Instead, we’ve worked with boaters to identify the higher risk boating activities where lifejackets will now be required.”
The new rules for wearing lifejackets include:
By children less than 12 years of age when:
    •   in a vessel less than 4.8 metres;
    •   when in an open area of a vessel less than 8 metres in length that is underway;
By all boaters in a vessel less than 4.8 metres in the following heightened risk situations (‘heightened risk’ is any time when there is greater risk of either an incident occurring; or if an incident does occur it might be more difficult to help yourself):
    •   at night;
    •   on open (ocean) waters;
    •   on alpine waters;
    •   when boating alone; and
    •   when the boat is being used as a tender more than 400 metres from shore;
At times of ‘Skipper Judgement and Direction’ in ‘heightened risk’ situations such as when the weather worsens or the boat breaks down (this makes it clear the skipper has a high level of responsibility);
When water-skiing or wakeboarding;
When operating a canoe or kayak on:
    •   enclosed waters, when more than 100 metres from shore; and
    •   open (ocean) waters.
To introduce the new lifejacket rules there will be a 12 month advisory period, during which NSW Maritime will only penalise repeat offenders.
The changes are detailed in a paper titled Lifejacket Reforms – Saving Lives through Safer Boating, which can be downloaded from NSW Maritime’s website: www.maritime.nsw.gov.au.
The paper points out that to achieve their primary purpose of increasing safety by assisting the wearer to float – and ultimately to prevent them from drowning, lifejackets must be:
    •   the correct type for the situation;
    •   the right size;
    •   correctly maintained;
    •   accessible; and
    •   worn.
Simply carrying lifejackets on board vessels does not save lives because capsize, man-overboard, or other unexpected situations occur suddenly and without warning. Locating and donning lifejackets once in the water can be difficult or impossible, depending on the experience of those involved and other factors such as current, wave action and/or water temperature.
There are many factors that contribute to a boating fatality and it is impossible to conclude absolutely that wearing a lifejacket would save a person’s life in the event of a boating incident. However, there is an international consensus amongst boating safety organisations that a person’s chance of survival can be dramatically increased by wearing a lifejacket.