[Awclist] New Mexico Boating Safety Laws affecting kayakers
DALE KREZAN
dale.krezan at msn.com
Thu Sep 9 20:53:07 MDT 2010
Hi Kelly,
I've done the great race and to just throw this stuff behind the seat of the kayak (Bilge pump, rope, and throw able device) and go paddling isn't so bad. If you ever needed it in a hurry you'll never get to it, but in reality it only adds 2 to 5 lbs. by my guesstimate. Of course, if you have to carry a kayak out or up to the road at Pilar or someplace, every lb. counts.
Where I don't do whitewater any more it's no big deal on a calm river or on a lake. I actually like having the rope along, I've had to use it once recently to tow another kayakers boat in on a lake.
Dale Krezan
----- Original Message -----
From: Kelly Gossett<mailto:kwgossett at yahoo.com>
To: AWC Listserve<mailto:awclist at swcp.com>
Cc: Sarah McMahon<mailto:sarah.mcmahon at pnm.com>
Sent: Wednesday, September 08, 2010 11:14 PM
Subject: [Awclist] New Mexico Boating Safety Laws affecting kayakers
All,
If you've ever participated in the Rio Grande Great Raft Race, you know New Mexico has some pretty obscure boating safety laws, particularly those that apply to whitewater kayaks, and some rafts. I've spent the last several weeks working with NM State Parks to understand why the laws are the way they are, and with the ACA (Public Policy attorney) to see if change is possible.
Below is a series of discussions between me and the ACA where you can see the law, my issue with the law (as a kayaker) and the Public Policy attorney's comments and suggestions to have the laws changed.
There is some momentum behind this effort. NM State Parks has asked for my comments to the laws, and any oversights I've made regarding canoe, kayak or raft safety should be brought to light soon, so I can communicate this to both parties. The ACA is attending the NASBLA (National Association of State Parks Boating Safety Laws Admin) conference next week, and time has been specifically set aside to meet with the NM agencies regarding these laws.
If you know of an angle I've not already highlighted, please let me know asap.
Thank you,
Kelly
505-217-2187
---------- Forwarded message ----------
From: Paul Sanford <psanford at americancanoe.org>
Date: Wed, Sep 8, 2010 at 7:38 AM
Subject: Re: Obscure New Mexico Laws
To: Kelly Gossett <kelly at newmexicokayakinstruction.com>
Cc: Jeremy Oyen <joyen at americancanoe.org>
You make some good points, Kelly. I've asked Jeremy to incorporate this into his discussions with NM people. We'll return to this after the conference.
On 9/7/10 9:34 PM, Kelly Gossett wrote:
Paul & Jeremy,
Thanks for your reply. My concern with the bilge pump & bail bucket is more for whitewater kayaks, self-bailing rafts and SOT kayaks (self-bailing SOTs have been cited for not having bail buckets or bilge pumps; this is ridiculous). A bilge pump and/or bail bucket in a whitewater kayak is not practical, and sponges are not compliant with the law. Similarly, self-bailing rafts, and self-bailing SOTs should be exempted from the law. Unless, there's a very practical reason for whitewater, self bailing rafts and self bailing SOTs to carry a bilge pump or 1-gallon bucket, I'd ask that Jeremy discuss this at the NASBLA conference.
Thank you both,
Kelly
On Tue, Sep 7, 2010 at 3:30 PM, Paul Sanford <psanford at americancanoe.org<http://us.mc1143.mail.yahoo.com/mc/compose?to=psanford@americancanoe.org>> wrote:
Kelly, I had a chance to look at this today. Sorry for the delay, but I've been on vacation. It's that time of year.
I looked for the source of the requirements you referred to in your message. They are as follows:
1) The Type IV carry requirement is in the NM Administrative Code, Section 18.17.2.9(A)(1). Go here<http://www.nmcpr.state.nm.us/nmac/parts/title18/18.017.0002.htm> and scroll down to paragraph 9. This requirement exceeds the requirements in the USCG regs, which exempt canoes and kayaks. However, the Coast Guard regs specifically allow states to impose more stringent requirements (by disclaiming any type of federal preemption regarding lifejackets and canoes and kayaks).
2) The stout rope requirement is in the NM state statute at 66-12-7(A)(4)<http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-h.htm&2.0> (follow the link and click on the section in the left column).
3) The bailer/pump requirement is also in the statute at 66-12-7(A)(3)<http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-h.htm&2.0>.
In general, administrative rules are easier to change than statutes. Statutes can only be changed by act of the state legislature, whereas administrative rules can generally be changed by a state agency.
For these reasons, I'd say there is a better chance of movement on the Type IV requirement. Most states exempt canoes and kayaks from the Type IV requirement, and you make a good point that carrying one is often impractical for kayakers. Not some much for canoes, though. Of course, if the state agency is strongly committed to the rule, even that may be a challenge.
Jeremy will be traveling to the NASBLA conference this week. He is going to talk to the folks from NM and hear what they have to say about this. I am asking him to specifically inquire about the possibility of changing the Type IV carry requirement, at least for those canoes and kayaks for which carry is impractical.
Changing the rope and pump/bailer requirement will take a different approach. You would need a legislator who would be willing to champion this cause and introduce a bill that exempts canoes and kayaks from these provisions of state law. Realistically, I think such a person will be difficult to find. These are, on their face, boating safety requirements, and you would need to convince a legislator that compliance is MORE dangerous than an exemption. I think that will be a challenge.
This may disappoint you, but I must tell you that it will be difficult for ACA to push hard for repeal of these requirements, because we advocate for the carriage and use of ropes, bailers and pumps in most of our safety materials. We might not like that people are being ticketed for not having them, but it will be tricky for us to object unless we can make a compelling case that requiring them is excessive in all circumstances. I do not think we will be able to do that. It would be risky to argue that throw ropes are dangerous when in the hands of beginners, because the answer might be to require beginners to have the training necessary to make them competent, resulting in more requirements rather than less.
However, let's wait and see what Jeremy finds out from the Agency people at the conference. If they are sympathetic to our concerns and would be willing to support modification of the statute along these lines, there might be a way to go this.
In the meantime, perhaps some creative ways to comply would be in order. Have you considered collapsible buckets<http://www.rei.com/product/782973?preferredSku=7829730014&cm_mmc=aff_gan-_-datafeed-_-product-_-7829730014&mr:trackingCode=760A2AB1-3C7A-DF11-BC8B-0019B9C043EB&mr:referralID=NA&GANTrackingID=rei_528104601>? These might fit in a pfd pocket, and would probably satisfy the requirements of the statute.
On 8/27/10 11:52 AM, Kelly Gossett wrote:
Hi Paul,
Over the last few weeks, I've devoured the New Mexico State Parks Boating Safety laws. There are three primary issues I have with these laws.
The PFD link below summarizes them.
http://www.boat-ed.com/nm/nm_ specific_images/pdfs/nm_ required_equipment_table.pdf<http://www.boat-ed.com/nm/nm_specific_images/pdfs/nm_required_equipment_table.pdf>
1.. According to this document ('the law') every kayak should have a type I, II or III PFDs and one additional Type IV (throwable device) onboard and readily available.
a.. Where are we supposed to put it?
2.. Stout rope - must be at least the length of the vessel
a.. Some rangers say this should be attached to the boat, others say it can be stowed below the deck. Either way, it seems like a hazard. Some rangers argue the problem is easily solved if every paddler carries a tow- or rescue rope...but I argue few beginners or recreational paddlers know how to use these.
3.. Bailing bucket or hand-operated bilge pump - bailing bucket must be at least one gallon in capacity
a.. sponges do not fit the definition
b.. self-bailing SOTs must also have a bailing bucket
It appears to me that these laws were written for rafts, possibly canoes, PWCs etc, but are being enforced on kayakers. Many kayakers have been written citations for noncompliance with these three laws, and it is frustrating to try to build a safer, stronger, more active community, only to have it destroyed in a single outting for laws that are unsafe. Please take a look at this and let me know how else I can assist in the changing of these laws.
Thanks,
Kelly
--
New Mexico Kayak Instruction, Inc.
505-217-2187, office
505-803-2201, cell
www.newmexicokayakinstruction. com<http://www.newmexicokayakinstruction.com/>
--
Paul Sanford
Director of Stewardship & Public Policy
General Counsel
American Canoe Association
108 Hanover Street
Fredericksburg VA 22401
(p) 540.907.4460 x106
(f) 888.229.3792
psanford at americancanoe.org<http://us.mc1143.mail.yahoo.com/mc/compose?to=psanford@americancanoe.org>
www.americancanoe.org<http://www.americancanoe.org/>
--
New Mexico Kayak Instruction, Inc.
505-217-2187, office
505-803-2201, cell
www.newmexicokayakinstruction. com<http://www.newmexicokayakinstruction.com/>
--
Paul Sanford
Director of Stewardship & Public Policy
General Counsel
American Canoe Association
108 Hanover Street
Fredericksburg VA 22401
(p) 540.907.4460 x106
(f) 888.229.3792
psanford at americancanoe.org<http://us.mc1143.mail.yahoo.com/mc/compose?to=psanford@americancanoe.org>
www.americancanoe.org<http://www.americancanoe.org/>
--
New Mexico Kayak Instruction, Inc.
505-217-2187, office
505-803-2201, cell
www.newmexicokayakinstruction.com
--- On Wed, 9/8/10, Kelly Gossett <kwgossett at yahoo.com> wrote:
From: Kelly Gossett <kwgossett at yahoo.com>
Subject:
To: "AWC Listserve" <awclist at swcp.com>
Cc: "Mary Scofield" <flipline at comcast.net>, "Sarah McMahon" <smcmaho at pnm.com>
Date: Wednesday, September 8, 2010, 8:13 AM
_______________________________________________
Awclist mailing list
Awclist at swcp.com
http://mailman.swcp.com/mailman/listinfo/awclist
To unsubscribe go to the above link and at the bottom there is an unsubscribe option.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: /archives/awclist/attachments/20100909/34055006/attachment-0001.htm
More information about the Awclist
mailing list