Laws for kayaks ?

pequa1

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Dec 23, 2018
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Copied from another site:
After reading the many accounts on this site of paddlers killed and rescued on this site, along with the innumerable warnings to others, I realize that enough is enough. It’s time we institute common sense kayak control legislation. People simply can’t be trusted to exercise their own good judgement and enjoy watersports responsibly. I think we can all agree its time to pass common sense legislation to regulate the sport of kayaking. My proposed common sense legislation, which over 80% of Americans agree on* includes:

Red flag laws: If someone is previously known to kayak without a PFD, or if friends and family know of a loved one who is known to kayak without a PFD, they should be able to contact law enforcement and have the individuals paddling equipment confiscated without a search warrant for a period of time, until a judge or competent authority can determine if the individual poses a danger to himself or others.

Kayak registration: Too many kayaks are found adrift without occupants, and it takes hours or days to determine if the kayak floated away during a storm or was blown off the beach by winds, or if someone fell out of their boat and the authorities should be searching for them. Kayak registration would allow the authorities to run the registration and identify the owner immediately. Likewise, it would allow the authorities to track kayak sales and identify who may be operating a kayak illegally, per my next recommendation. Person-to-person kayak sales would of course be illegal and all sales must be executed through a licensed dealer with the requisite background check.

Kayak licensing: It is common sense that individuals should be required to undergo training and education prior to being authorized to operate a kayak. The uniformed kayak operator poses a danger to both himself and potential rescuers. I recommend varying degrees of licensing and permits to operate different models of craft and operate them in varying conditions. For example, to operate a Pungo 12 on a Florida lake would require the operator to obtain a Class 27 Kayak License for the vessel, and paddling on a calm lake, in warm temperatures with warm water would likewise require a Level 13 Paddling Permit. Whereas operating a Valley Nordkapp, in open ocean conditions in cold weather (e.g. Maine) would require a Class 6 License for the vessel and a Level 53 permit. A simple, easy to read and understand 297 page government guide to paddle sports would serve a handy user guide to recreational kayaking and insure kayakers are not in violation. Violators would of course be subject to heavy fine, prison time, or both. Other, more civilized western countries already require government permission for some kayak activities, such as sea kayaking, and they have seen dramatic reductions in paddle sports fatalities*

Universal background checks: In order to keep kayaks out of the hands of irresponsible paddlers, and to obtain the previously mentioned kayaking license, the kayak operator would be required to pass a universal background check to ensure they have no history of irresponsible kayaking; i.e. kayaking without a PFD, kayaking without dressing for the water temperature, kayaking alone, etc.

End kayak industry immunity: Surviving family members and victims of kayaking incidents should be allowed to sue kayak and paddle manufactures for kayaking incidents. Kayaking is the only sport that doesn’t allow for individuals to sue the manufactures if their products are used irresponsibly*. For example, if an individual goes kayaking on a day warm day with cold water, capsizes and drowns, it is clear that the manufacturer knows their product was instilling false levels of comfort and security in the seaworthiness of their product. Kayak manufactures do little to warn purchasers of their product to wear a PFD and seek proper instruction before venturing out onto the water*. Likewise paddle manufacturers could be held accountable in court for the thousands who die annually while paddling – because let’s face it – they full well know that sleek, carbon double blade beauty encourages people to take unnecessary risk in the waves. My proposed legislation would allow survivors and victims’ to seek financial compensation for their losses, hold manufacturers accountable, and sue the industry out of existence.

*This statement and others are entirely unverified

*Kayak manufacturers may extensively warn paddlers to wear a PFD and seek instruction before kayaking

Edited to add: I really wish I could take credit for the above but I plagiarized it. Unfortunately, due to living in this nanny state far too long, it took me into the second paragraph before I realized it was well written satire, and for those of you not acquainted with the fascists involved with gun control, double entendre at its best.
 

jpd

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Dec 24, 2018
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Red flag laws: If someone is previously known to kayak without a PFD, or if friends and family know of a loved one who is known to kayak without a PFD, they should be able to contact law enforcement and have the individuals paddling equipment confiscated without a search warrant for a period of time, until a judge or competent authority can determine if the individual poses a danger to himself or others.

Satire for sure, but this part has some validity. If you should drown because of no PFD and they can't recover your body, this could put your family in dire financial straits. Without a body there is no immediate life insurance payout and they are left to fend for themselves.
 
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poorrichard

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Jan 17, 2019
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Kayak's are considered watercraft in New York State. All operators will need a Boating Safety Certificate. The requirements are bring phased in by your date of birth. This is following the passage of Brianna's Law by the NY State Legislature.

Everyone will need a boating safety class(certificate} within the next five years.
 

pequa1

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Dec 23, 2018
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Have them from USCGA, NCPD Marine and USCG (online). But assholes and drunks are still assholes and drunks. But isn’t the course a requirement for operators of MOTORIZED vessels ?
 
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poorrichard

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Jan 17, 2019
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Yes., any motorized vessel.

Just retuned from a week in Maine.(about two hours ago)

LL Bean and others were selling Motorized Kayak's
 

Pangaroo

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Jan 15, 2021
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Kayak's are considered watercraft in New York State. All operators will need a Boating Safety Certificate. The requirements are bring phased in by your date of birth. This is following the passage of Brianna's Law by the NY State Legislature.

Everyone will need a boating safety class(certificate} within the next five years.
You'll get an Insurance Discount after you complete the course. and while you're at it, take a First Aid Course , It will shield you from a lawsuit if you injure somebody while helping them. Crazy NY says you need a first aid course or you can be sued. Think about that before you help an injured drunk driver.
 

pequa1

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Dec 23, 2018
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I thought the Good Samaritan Law prevented a successful lawsuit (face it, bastard Newyorkers would sue a lamppost) if you stopped to help a badly injured accident victim ?
 

poorrichard

Angler
Jan 17, 2019
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The Good Samaritan law shields the average citizen from lawsuits for assisting fellow citizens/boaters

Ask any attorney you know about this law, they will clarify it for you.

NY state wants the average citizen/boater to assist another boater in distress
 

george

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Dec 19, 2018
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The Good Samaritan law shields the average citizen from lawsuits for assisting fellow citizens/boaters

Ask any attorney you know about this law, they will clarify it for you.

NY state wants the average citizen/boater to assist another boater in distressT
That's good to know as I had a situation when hauling my boat Saturday where a kayaker couldn't handle the Nissequogue current and ended up in a bad wind against tide cross current. I ran my boat over to him and threw him a line and while I was bringing him in he decided to bail from the kayak and swim to shore. He made it with no problem and I ended up having to deal with getting it to the dock on my own.

The kicker is that the guy was screaming at me that I almost killed him????? I'm sure he was a newbie as anyone else would have been thanking me. But it did make me think if I would have been better off letting him drift to Connecticut.
 

pequa1

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Dec 23, 2018
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Sit happens but it does sound like that asshat was incompetent and should have been in a small pond. Of course you did the right thing but it's gotten to the point where you need witnesses.
 

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