2.1 Personal flotation devices
2.1.1
No person in charge of a recreational craft shall use it unless they have on board at the time of use, and in a readily accessible location, sufficient personal flotation devices of an appropriate size for each person on board.
2.1.2
Clause 2.1.1 and 2.1.6 shall not apply to:
- (a) Any surfboard or similar unpowered craft; and
- (b) Any sailboarder, kiteboarder or windsurfer, if a wetsuit is worn at all times; and
- (c) A diver on a boat of six metres or less in length overall that is used for recreational diving within five miles of shore, if a full body dive suit is worn at all times; and
- (d) A person training for or participating in a sporting event, if the training or the event is supervised in accordance with the safety system of a sporting organisation approved by the Harbourmaster under this bylaw, or the director under Maritime Rule 91.4(3); and
- (e) A member of a visiting foreign water sports team, if the person carries or wears a personal flotation device that is approved by the competent authority for use in that person's country of residence.
2.1.3
- (a) The Harbourmaster may approve a sporting organisation for the purposes of clause 2.1.2 (d) if that organisation has in place a safety system that the Harbourmaster is satisfied provides an equivalent level of safety to the carriage or wearing of personal flotation devices.
- (b) The director, under Maritime Rule 91.4(3), may approve a national sporting organisation for the purposes of clause 2.1.2 (d) if that organisation has in place a safety system that the director is satisfied provides an equivalent level of safety to the carriage or wearing of personal flotation devices.
2.1.4
Subject to clause 2.1.5, clause 2.1.1 shall not apply in respect of any sporting event, training activity or ceremonial event, if a support vessel that is capable of providing adequate assistance in the event of an emergency remains in the immediate vicinity of the recreational craft, and the recreational craft or support vessel, or both, carry personal flotation devices or buoyancy aids of an appropriate size for each person on board the recreational craft.
2.1.5
Clauses 2.1.1 and 2.1.6 shall not apply in respect of any sporting event, training activity, ceremonial event, or other organised recreational activity if the Harbourmaster, with jurisdiction for the applicable region, has granted an exemption in writing. A harbourmaster may grant an exemption for a specified period if it is satisfied that adequate safety precautions are made for rescuing any person participating in the event or activity.
2.1.6
Despite clause 2.1.4 no person in charge of a recreational craft may use that craft in circumstances where tides, river flows, visibility, rough seas, adverse weather, emergencies or other situations cause danger or a risk to the safety of persons on board, unless every person on board is wearing a properly secured personal flotation device of an appropriate size for that person.
2.1.7
No person in charge of a vessel shall use it to tow any person and no person shall cause himself or herself to be towed by any vessel, unless the person being towed wears a properly secured personal flotation device of an appropriate size for that person.
2.1.8
Clause 2.1.7 shall not apply to a person:
- (a) Training for any trick water skiing element of a sporting event administered by a national sporting organisation approved under clause 2.1.3 or Maritime Rule 91.4(3); or
- (b) Participating in a sporting event that is administered by a national sporting organisation approved under clause 2.1.3 or Maritime Rule 91.4(3).