Compulsory wearing of lifejackets, frequently asked questions, Maritime Safety Queensland, November 2009

Compulsory wearing of lifejackets Frequently Asked Questions Q. What are the new requirements about? A. The new requirements are about increasing marine safety. The intent of the new requirements

is that if the boat is required to be equipped with life jackets and personal flotation devices (PFDs), the wearing of a life jacket or personal flotation device be made compulsory in defined situations of heightened risk. This will improve safety by increasing chances of survival if the person falls overboard while underway. There were eight drowning fatalities in 2005 from marine incidents in Queensland, and a further three in January 2006. A review of Queensland marine incidents and a Victorian study have identified high risk situations to be:

• crossing coastal bars — capsize or swamping • open boats less than 4.8 metres in length — because of their inherent instability • children under the age of 12 years especially where they are in boats less than 4.8

metres in length — they lack the strength and balance necessary to compensate for the instability of the boat.

Q. When do they commence? A. From 1 April 2006 by amendment to the Transport Operations (Marine Safety) Regulation 2004. Q. Why are compulsory lifejacket wearing rules being introduced? A. The primary purpose of a lifejacket or personal flotation device is to assist a person to remain

afloat and survive an incident where the person falls overboard or the boat capsizes. In recent times there have been a number of drowning incidents where people have fallen overboard or an open boat has capsized while crossing a coastal bar. The intent is that compulsory wearing of life jackets in situations of heightened risk will improve marine safety and increase chances of survival in the event of an unexpected incident. It isn't always possible to anticipate the unexpected, and a life jacket that is not being worn will not help the user in such a situation.

Q. What boats does the change apply to? A. The change only applies to boats that:

• are currently required to carry life jackets • are open boats • are less than 4.8 metres in length.

Q. Who has to wear a life jacket on these boats, and when? A. Children under 12 years of age must wear a life jacket when the boat is underway and everyone

on board must wear a life jacket when the boat is crossing a designated coastal bar. Q. Does this include infants? A. The new requirements only apply to children who are over 12 months old. It is not

recommended that children under this age travel on boats unless necessary, at which time they should be held securely by a parent or adult.

Q. What is an appropriate lifejacket? A. An appropriate lifejacket or personal flotation device is one that is properly fitted and of an

appropriate size for the person wearing it. Q. What is properly fitted? A. A properly fitted lifejacket is one that is appropriate for a person's weight and size. Lifejackets

come with a recommended weight range for the jacket. Lifejackets should fit snugly and comfortably. They should be easy for a person to don and tighten without restricting movement. For children, you should consider jackets that are fitted with a crotch strap to ensure the jacket doesn't slip if a child is in the water.

Q. How can I tell the length of my boat? A. To determine the measurement of your boat refer to the length specified by the boat

manufacturer or as recorded on the boat's registration. When in doubt, it is the overall length of the boat excluding appendages such as bow sprits, duckboards, and outboards.

Compulsory wearing of lifejackets, frequently asked questions, Maritime Safety Queensland, July 2009

Q. Do the occupants of every boat less than 4.8 metres in length have to wear lifejackets? A. No. The requirement applies to open boats less than 4.8 metres in length that are required to

carry lifejackets. Q. What is an open boat? A. An open boat is one which does not have a permanent rigid deckhouse, cabin or other enclosed

space suitable for a person to occupy. In effect, the requirement applies to tinnies and runabouts', but not half cabins.

Q. I have a row boat less than 4.8 metres in length. Do I have to wear a lifejacket? A. No. You are not required to carry lifejackets but you would be wise to think about wearing a

personal flotation device and certainly you would be wise to have any children wear an appropriate size personal flotation device.

Q. When is a boat underway? A. A boat does not have to be moving under power to be underway. The term 'underway' means

the boat is not anchored; is not tied up to the shore; and is not aground. For example, if it is drifting, it is underway.

Q. Which boats need to carry lifejackets? A. The following boats are required to carry life jackets under the regulation:

• registrable commercial, fishing and recreational boats — that is, boats that must be registered (whether they are registered or not)

• some commercial boats not required to be registered, such as certain barges and tenders

• some fishing boats not required to be registered such as fishing boats less than 10 metres in length, including tenders

• some recreational boats not required to be registered such as certain interstate and overseas boats\

• all personal watercraft — operators and passengers to wear personal flotation device at all times while underway.

Q. Which boats do not have to carry lifejackets? A. Some types of boats that do not need registration are not required to carry life jackets at all —

for example: • a recreational or commercial boat powered by an engine of less than three kW • a recreational or commercial boat that is not powered (for example, a row boat) • a fishing boat used for fishing in an ocean beach fishery • a tender to a fishing ship if the tender is not powered or powered by an engine of

less than three kW. Also, the Regulation exempts some boats from carrying life jackets in certain circumstances – for example:

• a boat does not need a life jacket for a person wearing an inflatable diver's jacket complying with British Standard EN 12628(1999)

• rescue boats operated by Volunteer Marine Rescue or the State Emergency Service where the boat has a statement of positive flotation, is fitted with grab lines or grab rails, is registered as a 2E ship, and is operating in a river, creek, stream or waters contained within breakwaters or revetments

• a tender or a recreational boat, other than a personal watercraft, where the boat has a statement of positive flotation, is fitted with grab lines or grab rails, and is operating in a river, creek, stream or waters contained within breakwaters or revetments

• a registrable tender with a positive flotation statement used within 1 kilometre of its mother ship in smooth or partially smooth waters, or within 500 metres beyond partially smooth waters.

Q. So if I am in a boat that does not need to carry lifejackets, my children do not need to

wear them? A. That is correct. However, it is recommended that children under 12 wear lifejackets regardless

of whether the boat is required to carry them. Q. Why is this?

Compulsory wearing of lifejackets, frequently asked questions, Maritime Safety Queensland, July 2009

A. Under current regulation requirements only certain boats are required to carry lifejackets (see above ‘How do I know if I need to carry lifejackets?’). The new requirements to wear lifejackets in specific circumstances apply only to boats that are required to carry lifejackets. Small, unregistrable boats generally operate close to the shore and in smooth waters where the risks are reduced. However, the operators of all boats are required to comply with the general safety obligations imposed by the act and a failure to have lifejackets available and worn by your children may be a breach of your general safety obligation.

Q. How do I know what is a designated coastal bar? A. A coastal bar is where a river, creek or estuary enters the sea and tidal influences produce

unpredictable sea conditions. Surveys of marine incidents on coastal bars indicate that the following bars had a significantly higher risk factor and have been designated for compulsory wearing of life jackets:

• Currumbin Bar • Tallebudgera Bar • Jumpinpin Bar • South Passage Bar • Caloundra Bar • Maroochy Bar • Noosa Bar • Wide Bay Bar.

Q. Why aren't the Gold Coast Seaway and Mooloolaba Bar designated bars? A. The Gold Coast Seaway and Mooloolaba Bar are subject to different conditions than most

coastal bars. The safety issues and requirements for these deep water bars will be examined as part of a further review in June.

Q. Will this cost me any money? A. No. If you already own and operate a boat of the size and in the conditions to which the new

rules apply, you are already required to carry a life jacket or personal flotation device of an appropriate size for each person on board — so it will cost you nothing extra. The new rules simply make it a requirement that you and your passengers wear the life jacket or personal flotation device, that is:

• for children under 12 years, at all times while underway • everyone on the boat while crossing designated coastal bars.

Q. My boat has positive flotation. Isn't that enough? A. Only if the positive flotation exempts the boat from having to carry life jackets (see ‘Which boats

do not have to carry life jackets?’ above). The boat must have a Positive Flotation Statement (in the approved form) that can be produced by the owner or operator to verify the positive flotation attributes of the boat.

Q. What happens if I don't wear a life jacket when crossing a designated coastal bar? A. The failure to comply with the requirement will incur a penalty. The owner or master of the boat

may be issued with a Marine Infringement Notice with a penalty of $200, or in more serious circumstances, be liable to prosecution for operating a ship unsafely which carries a maximum fine of $50,000 imposed by a court.

Q. Can I wear an inflatable diver's jacket? A. Yes. If your diver's jacket complies with British Standard EN 12628 (1999) then any person

wearing such a jacket does not have to wear a life jacket or personal flotation device. Q. My boat is equipped with inflatable personal flotation devices. Is that okay?

Compulsory wearing of lifejackets, frequently asked questions, Maritime Safety Queensland, July 2009

A. Inflatable chambers are permitted as a source of buoyancy for personal flotation device type 1 for body mass of 40 kilograms or over. They are not permitted for personal flotation device type 1 for body mass under 40 kilograms, or for personal flotation device type 2 or 3. (refer definitions in schedule 15 of the Transport Operations (Marine Safety) Regulation 2004, and the relevant Australian Standards). Inflatable personal flotation devices must have been serviced by the manufacturer or manufacturer's agent, or have been replaced, before the expiry date. If they are out of date the boat is deemed by legislation not to be equipped with the required safety equipment and you would be liable to prosecution for failing to carry the required safety equipment.

Q. I am a commercial fisherman. Do the changes mean I have to wear a life jacket while

working? A. If you are using an open boat which is less than 4.8 metres in length, and you are crossing a

designated coastal bar, then you must wear a life jacket or personal flotation device of an appropriate type and size. An open boat is one which does not have a permanent rigid deckhouse, cabin or other enclosed space suitable for a person to occupy.

Q. I normally only have two people in my boat. Is it okay to have only two life jackets? A. Yes. You are only required to carry life jackets or personal flotation devices for each person on

board. If, however, you have more than two people on board, then you must have a life jacket or personal flotation device for each of the people on board — two is not then sufficient.

Q. Where can I find more information? A. More information can be gained by visiting the Maritime Safety Queensland website at

www.msq.qld.gov.au or by contacting one of the regional maritime offices as follows:

Cairns +61 7 4052 7400 Townsville +61 7 4726 3400 Mackay +61 7 4944 3700 Airlie Beach +61 7 4946 2200 Gladstone +61 7 4973 1200 Bundaberg +61 7 4131 8500 Brisbane +61 7 3860 3500 Southport +61 7 5539 7300 Mooloolaba +61 7 5477 8425