SAFER BEACHES AND WATERWAYS: CLAMPING DOWN ON JET SKIS.

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1 SAFER BEACHES AND WATERWAYS: CLAMPING DOWN ON JET SKIS. Enforcement and Regulation Proposals to deal with the growing problem of Jet Skis / Personal Water Craft (PWC s). Issues paper by Martin Foley MP, State Labor Member for Albert Park covering the beaches from Sandridge to Elwood. Martin Foley MP State Labor Member for Albert Park 46 Rouse Street Port Melbourne. Ph Twitter: MartinFoleyMP Facebook: albertparkmp March

2 Tragedy Strikes Home. A Port Melbourne Family is grieving following the loss of a father and partner in an incident that was totally avoidable. Police are investigating the circumstances of the death of a Port Melbourne man following an incident where two men riding a jet ski collided with a swimmer near Lagoon Pier in Port Melbourne on the afternoon of February 24. The Jet Ski initially did not stop and returned only after being waved down by nearby fisherman. The area around Lagoon Pier is a swimming only area where boating of any form is banned. After being taken to the Alfred Hospital the man died over the week end. This is a tragedy for all those concerned. The Police investigation is continuing. Nothing we can say or do will ease this family s grief. But we can and should heed this incident together with the rising toll of injuries and near misses to take stronger measures to make our waterways safe from the growing clashes between swimmers and Jet Skis (or Personal Water Crafts [PWC s] as they are more properly known.) What follows are my suggestions on a package of changes needed to the boating zones having been in operation for 2 summers. Jet Skis are increasingly powerful and popular vessels that in the wrong hands are dangerous and now shown to be potentially fatal. The approach we take to these machines on our bays and waterways especially when they clash with swimmers needs to be based around the primacy of recreational swimming as the main use for our increasingly busy beaches. The evidence available shows that in these two years there has been inadequate enforcement of current regulation. The Government and enforcement agencies need to take priority action on enforcing the current rules. There are also gaps emerging in the insurance and regulatory and licensing regime that cause those who fall into them personal loss and financial hardship. Add to this the poorly supported culture of education and lack of recognition of the rights of other bay and water users amongst elements of the growing Jet Ski community and we have a case for urgent reform. When brought together these risks mean that the safety of bay swimmers exposed to Jet Skis is increasingly at risk. The flaws in the registration, licensing, insurance and education regime means that accidents when they do occur are all too readily accompanied by ineffective support and a legal minefield with outcomes depending on the luck of the insurance status of the owner of the Jet Ski. The fact that a tragedy has now occurred in it appears a swimming only zone on a hot afternoon on a crowded beach immediately reinforces the need for the enforcement of current laws. This is the most urgent area in need of attention from the enforcement agencies Parks Victoria (as the Waterway manager) and Victoria Police. These agencies need to make this a priority. I am calling for a combination of immediate and long term measures to address the issues of: * Enforcement, * Tougher regulation * And changes to licensing, insurance and education measures. Together these can help to make our waterways and beaches safer and help prevent another tragedy. Martin Foley MP State Labor Member for Albert Park. 2

3 1: Short Term: 1.1 Enforcement: Parks Victoria as the waterway manger and the Victoria Police Water Police need to ensure they regularly and routinely enforce the existing laws that prohibit the use of Jet Skis in swimming only zones such as the one where this recent tragedy occurred. This comes down to resources. The State Government needs to resource these two agencies and makes operational decisions to make this a priority. The hot spots of known high Jet Ski use and the forecasted hot days should provide a ready guide for this enforcement. Agencies quietly concede the issue is not resourced as a priority. It needs to be treated as a priority. The targeted publicity at the start of the summer season is not enough. Measures for fines, impounding vehicles and suspension of licenses should be rigorously enforced especially in known hot spots. Available evidence suggests very little enforcement is carried out as these agencies are stretched to other areas of service. Dedicated co-operative strike forcers between the two agencies should be targeted in known hot spots on peak days and should be widely promoted to have broader impact on the Jet Ski community. 1.2 Extension of Swim Only Zones. Boating Zones need to be reviewed to remove Jet Skis from all shared boating and swimming zones around Port Phillip Bay. Swim only zones which ban all boating were introduced in 2010 by Parks Victoria. There are a number of different shared zones that allow for Jet Skis / PWCs and swimmers to share the water around beaches (with restrictions on speed etc.). Others areas currently not regulated in this way 3

4 are planned to be rolled out around Port Phillip Bay in the coming years. When it comes to Jet Skis the nature of the vessels (big, fast, powerful and increasingly designed for hooning) means they should be excluded from these shared Zones as incompatible with swimming. The risks and mounting toll is too great to leave the original plans unchallenged. In the area of Port Melbourne to St Kilda the current zones are set out in the following link: data/assets/pdf_file/0010/478081/port-melbourne-to-st-kilda-boating-and- Swimming-Zones.pdf This proposal to remove Jet Skis from shared zones would mean approximately a four-fold increase in swimming areas where jet skis would be banned in this Sandridge to Elwood area. 1.3 Jet Ski Areas to be pushed out to the 400 metre mark. Jet Skis are prohibited from going faster than 5 knots within 200 metres of shore or within 50 metres of any swimmer (regardless of where the swimmer is). They are banned from swimming only areas. The swimming only areas and current restricted areas for Jet Skis should be immediately pushed out to the 400 metre mark from shore. Dedicated channels that require Jet Skis to use to get on and off beaches and launching ramps need to be prescribed and the 5 knot restriction enforced whilst Jet Skis are in them Increase in Fines and penalties: The fines applied to Jet Ski offences need to reflect the gravity of the mounting injuries they cause. These powerful vessels more akin to large motor bikes (some are more than 1100cc in engine power) than to sailing craft. Unlike other forms of boating they tend to concentrate around the water s edge and regularly 4

5 converge in the same areas where swimmers seek to use the bays and beaches. Their noise and speed arguably detracts from the amenity of other beach users. When they enter shared use zones this becomes even more of an issue. Advice from VicPol suggest that the common range for fines when applied is from $195 to $305 (the latter for operating without a licence) The Jet Ski / PWC industry argument that these machines are like off road motor bikes operating away from the public and should be treated as such fails to stand scrutiny. These jet skis operate in public spaces and generally around other more passive and vulnerable users of the beaches and waterways when they clash with swimmers. When elements of the Jet Ski community look to ignore the boundaries of this use and cross into swimming zones the analogy is more like hooning on motor bikes in neighbourhood parks rather than operating in remote areas. The analogy to road offences would be more accurate when it comes to the community measurement of these offences. The Government should announce a policy position of reviewing and aligning Jet Ski offences to be aligned with road offences immediately. These measures need to be in place by the summer of 2012/ : Measures to be urgently addressed over the coming winter: and to be in place by the 2012/13 summer. 2.1 Licensing: Operators of recreational vessels on Victorian waters must hold a current recreational boat operator license. There are two types of license: General operator license required by any person over the age of 16 who is operating a general recreational vessel Restricted operator licence required by any person over the age of 12, and under 16, who is operating a general recreational vessel In addition to holding a general or restricted boat operator licence, operators of personal watercraft (PWCs) 16 years and over - must also obtain a licence PWC endorsement. To get your license and endorsement for PWCs you must either: take part in a training course approved by Transport Safety Victoria (TSV), or take a test at any VicRoads office. These tests are far from onerous. There is little or no on water based requirement to the testing. The testing regime needs to be reviewed to place a greater emphasis on safety, practical experience and the real life risks involved Insurance for Jet skis needs to be made mandatory. Currently vessels need to be registered and operators to hold a watercraft (PWC endorsement) license. Insurance of any kind especially 3 rd Party insurance is voluntary. Figures made available during the 5

6 2011 Regulatory Impact Statement process suggests just over half of Jet Skis are insured and the figures for third party insurance are not clear. Liability for uninsured Jet Ski riders involved in accidents where they are negligent falls on the individual owner. This means potentially difficult and lengthy action against individuals by victims should they seek to recover costs which given the nature of the injuries associated with the Jet Skis means largely more serious head, neck and upper body injuries and acquired brain injuries. Regularly this can be expensive and lengthy for the victim- even if the owner of the vessel was insured. When any uninsured owner or operator is successfully sued it generally means they lose their key asset (normally their house) or if they have no assets then there is generally no compensation. Either way there are no winners and only more victims. Whilst there is a form of licensing of Jet Skis there is no system that requires insurance to be taken outand certainly no requirement for a no fault third party insurance. It is a private decision. Sometimes it is offered. Sometimes it is not. Industry figures suggest a small majority of owners take insurance but many do not. Whilst the industry will point to its best practice systems of encouraging riders through associations and clubs to apply the laws and behave in a safe manner through Transport Safety Victoria approved courses and handbooks ( see section three below) there is no effective mechanism to ensure this is a requirement or that standards are meet prior to licensing. When added together the lack of mandatory third party insurance and the mounting injury (See section three below) toll this all means that we are seeing those injured suffer not just physical injury but substantial personal and legal pain that costs the whole community in terms of time in lost productivity, time in court, injuries and - if uninsured - loss of assets. Compulsory Third party insurance was modelled in this State a generation ago. We should extend this system to this new area of injury. Compulsory third party No Fault insurance should be extended to these Jet Ski vessels as it is in other States (e.g. Queensland). Equally licensing of operators should be made more rigorous for Jet Ski owners and operators with a greater emphasis on safety, observing zones and respecting other users of bays and waterways Education and Regulation. Currently the regulatory approach to licensing and approval for jet skis has a light touch approach when compared to motor vehicles on roads. Whilst no doubt the majority of the Jet Ski community would claim that they are obeying the laws and rules there is mounting evidence that a significant number do not. Expert advice (e.g. the Monash Accident Research Centre and those responsible sectors of the boating and recreational Jet Ski communities) should be sought to ensure the development of a new compulsory, more rigorous and enforceable education system of those seeking a license for a PWC. The Industry should also review with the regulator (Marine Safety Victoria) the nature and type of jet Skis and look to graduating the type of vessel or craft that can be made available to first time or younger drivers ( remember that PWCs are available to 16 year olds and above). The more powerful PWCs should require more detailed and comprehensive approvals before licensing approvals are given. 6

7 Marine Safety Victoria together with VicRoads should introduce a modified licensing system before the 2012/ 2013 summer period for Jet Skis / PWCs based on the size of the vessels and the experience of the operator. 3: Background Information on Jet Ski Regulation and Safety measures in Victoria: 3.1 Enforcement: The relevant laws include: Marine Safety Act 2010 (Vic) Marine Act 1988 (Vic) Marine Regulations 2009 (Vic) The Marine Safety Regulations were amended as of 8 November 2011 following a three year consultation and review process. That consultation process and outcomes should be revisited to toughen the various measures proposed as far as they apply to Jet Skis / PWC s in this discussion paper. Transport Legislation (Hoon Boating and Other Amendments) Act introduced a hoon boating confiscation scheme. The scheme provides powers and sanctions to assist water police and waterway managers in dealing with the growing incidence of dangerous anti-social behavior on the water. The scheme was introduced in two stages. From 1 September 2010, police were empowered to place an embargo notice on a vessel which had been operated in a dangerous manner, banning it from being on the water for up to 48 hours, and to order a person involved in operating a vessel dangerously off the water for up to 24 hours. From 1 September 2011, police were empowered to seize vessels, impound vessels and seek forfeiture of vessels. The number of vessels / PWCs impounded is not known as Victoria Police have yet to make the figures available. 3.2 Vessel registration (Transport Safety Victoria Web Site) If you wish to operate any boat with an engine used (or capable of being used) for propulsion in Victorian waters the boat must be registered and in a seaworthy condition. Registration must be renewed every 12 months. The cost of Jet Ski registration is currently some $35 per annum (but can vary according to a number of factors) To register the boat you must: make an appointment with Vic Roads on , provide identifying details of the boat and the owner, and pay the appropriate fees (unless specifically exempt). 7

8 A boat can be registered in the name of a person who is twelve years old or more, or in the name of a corporation or incorporated body only. Joint names or unincorporated bodies are not acceptable. To register a boat you must complete the Vessel Registration form with: name and address of the owner or operator of the vessel proof of identity details of the vessel, including: o o vessel type, and hull type, engine details including number, make and type (inboard or outboard), vessel length, breadth and colour and current or previous registration details (if any). In addition for PWCs the following applies: Personal watercraft (PWC) Personal Watercraft (PWC) means any recreational vessel that: has a propulsion engine; has a fully enclosed hull; does not retain water if it capsizes; and is designed to be operated by a person standing, sitting astride or kneeling on the vessel, but not seated within the vessel. Examples of PWCs include aquascooter, jet bike, jet ski, wave runner, ski free, motorised surfboard and any similar vessel that has an engine used for propulsion. They are also known as 'powerskis'. PWCs are required to be operated within the same rules as powerboats'. Some points to consider: Make sure you know the boating rules applicable to any waterway you intend to use including any change in safety equipment requirements if you are going more than 2 nm from shore Follow the general rules outlined in the Victorian Recreational Boating Safety Handbook Always read signage placed at boatramps and on beaches Check for local rules which may apply specifically to PWCs When towing a waterskier, aquaplaner, wakeboarder, paraflyer, the rules for waterskiing must be followed. Before operating in an area, check local safety signage for local rules or have a look at the waterway listing in the vessel operating and zoning rules for Victoria which is available to download be below. Do I need a license to operate a PWC? Operators of PWC are required to have a Recreational Boat Operator s Licence with a PWC endorsement. Holders of a restricted Recreational Boat Operator s License (i.e. under 16 years of age) with a PWC endorsement may operate a PWC: at less than 10 knots at 10 knots or more but less than 20 knots at or between sunrise and sunset if accompanied by a person over 16 who is appropriately licensed to operate a PWC, 8

9 but must not operate a PWC that is towing a person, another vessel or an object. Do I need to register my PWC? Owners of PWCs are required to register their vessel with VicRoads. Minimum size of the registration numbers is 150 mm Registration numbers must be attached on both sides of the PWC Registration numbers must be coloured in contrast to the background on which they are displayed and be clearly visible at a reasonable distance when the vessel is operating A current registration label must also be attached to the vessel Safety equipment All safety equipment required to be carried onboard must be: Placed or located in a conspicuous and readily accessible position at all times Kept in good order at all times Maintained or serviced in a way that ensures they are able to be operated at all times in the way that they were designed to operate Serviced on or before the date specified by the manufacturer for that item of equipment Operating a PWC Specific operating rules can be found for each waterway in the Vessel Operating and Zoning rules. The PWC capacity plate will specify the number of people able to be carried. Generally for PWCs, it is one person per seat eg. Three seater PWC = three people. The operator must be fully aware of the speed and distance restrictions that apply to individual waterways. Waterskiing PWCs are more often being used for waterskiing. Remember that the normal waterskiing rules apply to PWCs towing skiers including the need to carry an appropriate observer on the PWC. The carrying capacity of the PWC must cater for the operator, observer and any person/s being towed. Holders of a restricted Recreational Boat Operator s Licence with a PWC endorsement must not operate a PWC that is towing a person, another vessel or an object. 3.4 Safety and Education: (Extract from Transport Safety Web Site) March Boating safety education Transport Safety Victoria (TSV) supports boater education through the delivery of a range of programs funded from a portion of revenue received from boat registration and licensing fees. Current education campaigns being run by TSV include: Boating safety education officers 9

10 Boating safety seminars Marine Quest River to Reef Summer safety campaign A range of TSV publications, factsheets and stickers is available to help educate and keep you safe on the water. Boating safety education officers Boating safety education officers (BSEOs) have commenced their third season of providing information and advice to the boating public. They will be seen across the state at boat ramps, in the Bays, at inland regions, events and club venues. The BSEOs are available to answer questions about recreational boating issues and give out free information packs. If you see them, introduce yourself and take the opportunity to discuss any item of boating safety that interests you. (Note: These Officers have no enforcement powers that remains with Vic Pol and Parks Victoria staff.) Boating safety seminars Clubs are encouraged to have TSV provide information evenings on Safety measures. Marine Quest Marine Quest is an online boating activity for primary school aged children. It aims to help make children safer on the water by guiding them through the basics of trip preparation, safe operation and what to do in an emergency. Who's it for? Families who boat frequently are encouraged to log on at home, spend some time playing the game with their children and discuss the safety messages when next on board. Teachers and pupils can log on at school. Marine Quest is complimented by a suite of teacher resources including unit plans and worksheets aligned to the Victorian Essential Learning Standards, Level 4 and 5. View the Marine Quest website at marinequest.marinesafety.vic.gov.au 3. 5 Numbers, costs and other background on Jet Skis: There are 13,976 registered Jet Skis in Victoria (as at end of January 2012). Jet Skis are the fastest growing section of water vessels with advice pointing to on average 10% growth year on year. Add to that the vessels are becoming faster, bigger, quieter and increasingly designed for Hooning with features such as spray devices, pumps for water fountains and other measures now features- The range of fines that VicPol Water Police who continue to do their best with limited resources and a growing call on their duties are based on the general provisions of the boating regulations and are not 10

11 specific to offences for Jet Skis / PWC s. These range from $195 if a jet ski is in the wrong boating zone or breaches the speed limits to $305 for operating a jet ski / PWC without a license Injury Rates: Injuries rates in marine boating have been declining overall but increasing in Jet Skis (see Regulatory impact Statement Marine Safety regulations 22 August 2011). Between 1989 and 2010 there were 191 recreational boating fatalities it is not clear from the evidence from the Department of Transport RIS, Marine Safety regulations as to how many of these were jet Skis. This compared to 25 fatalities in the commercial boating sector over the same time. Given the rising number of Jet Skis as a proportion of total vehicles and their proximity to other water users the evidence points to increasing number of injuries arising from Jet Skis accidents. Hospital treated injuries more than doubled from 2003 / 04 (540) to 2009/ 10 (1100). 17% of these resulted in hospital stays of more than a week. Cause of Accidents according to the RIS were: Errors of Judgment: 21.9 % Inexperience: 14.1 % Navigational error: 9.2% Failure to keep a proper look out: 4 %. Based on the increasing proportion of Jet Skis in the overall total of recreational vessels it is reasonable to assume that these are the areas of greatest increase in injuries Boating and Swimming Zones; Swimming Zones and other Boating Zones are available at the Parks Victoria Web Site parwebvic.gov.au For the swimming only zones see: data/assets/pdf_file/0010/478081/port- Melbourne-to-St-Kilda-Boating-and-Swimming-Zones.pdf.pdf There are currently 4 zones: These are: Swimming only - all vessels including personal watercraft, powered and non-power vessels are not permitted in this zone. ( the incident occurred in this area) Shared Wind Sport Area - this zone provides an area for kite boarding, sail boarding and other wind based boating which may exceed 5 knots except within 50m proximity to other vessels and swimmers. Other vessels are permitted in this area. Jet Skis should be banned from these areas. 200m from shore - Swimming and boating are permitted within 200m of the shore subject to defined areas above. All vessels must adhere to 5 knot speed limit within 200m of the shore. This 200 metres should be doubled to 400 Boating only - swimming is not permitted in this zone. 11