Report Title:
Kayak Safety
Description:
Requires companies renting kayaks to implement safety measures for the protection of the renter.
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THE SENATE |
S.B. NO. |
2387 |
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TWENTY-FIRST LEGISLATURE, 2002 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to watercraft.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Several businesses in the State rent kayaks to members of the public for use in the ocean. The legislature finds that kayak renters are often inexperienced in the use of kayaks in the ocean and
are unfamiliar with changing tides and wind conditions. Several incidents involving the need to rescue kayakers, and the March 18, 1999, death of Nahid Davoodabadi while using a rented kayak in Maui, underscore the need for legislation aimed at kayak safety.Experienced boaters and search and rescue agencies are aware of the inherent difficulties in mounting open water searches for objects as small as sea kayaks. Sea kayaks are exceptionally difficult to see from a distance, especially in marginal conditions.
While the legislature recognizes that the principal basis of safe sea kayaking is sound judgment, certain standards in the rental of kayaks for use in the ocean can significantly reduce the dangers involved in such activity and the cost and dangers involved in rescue operations. For example, kayaks should not be rented to members of the public for ocean use during small craft advisories. Kayaks rented for ocean use should be in good, serviceable condition, with plenty of secure buoyancy, fore and aft, paddles, personal flotation devices with attached whistles and strobe lights for each kayaker, and safety bags containing at least a functioning flare, flashlight, and mirror for signaling in emergencies.Kayak renters should also be asked to provide a float plan, and kayak rental companies should advise authorities when kayaks are not returned at the planned time. The legislature further finds that kayak renters should be provided basic information on kayak safety, wind and sea conditions, and how to handle emergencies. The legislature finds that these combined measures should substantially reduce the risk of accidents and search and rescue operations involving rented kayaks.
SECTION 2. Chapter 200, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"PART . KAYAK SAFETY
§200- Short title. This part shall be known as the Nahid Davoodabadi Ocean Kayak Safety Law.
§200- Definitions. As used in this part:
"Kayak" means a nonmotorized watercraft designed to be paddled by one or two persons, but does not include a canoe.
"Kayak renter" means any person or business, whether incorporated or not, engaged in renting kayaks to members of the public.
"Kayak user" means any person who, for consideration, rents a kayak from a kayak renter.
§200- Safety measures. (a) Kayak renters shall include with each kayak rented a safety bag containing the following communication devices:
(1) A working flashlight;
(2) Two working red flares (with dry matches if needed to activate the flares);
(3) A mirror; and
(4) A first-aid kit including at least one pair of bandage scissors, bandages, gauze, adhesive tape, elastic bandage, butterfly closure strips, antibiotic ointment,
(b) Kayak renters shall provide for each single person kayak rented a personal flotation device, which shall have attached to it a whistle and an operational strobe light. For each double kayak rented the kayak renter shall provide two personal flotation devices, which shall each have attached a whistle and an operational strobe light.
(c) Kayak renters, on each day they rent a kayak to a kayak user, shall obtain information on ocean conditions, including winds, tides and craft advisories for the
ocean around the island where the kayak will be rented. Such information shall be obtained on a daily basis, prior to commencement of rentals, from a government agency such as the national weather service, the University of Hawaii department of meteorology, or the United States coast guard, and shall be provided to kayak users. Kayak renters shall not rent kayaks for ocean use when small craft advisories or gale or other storm warnings have been issued on the day of the kayak rental (prior to the time of the rental), unless:(1) The kayak user will be accompanied by a guide provided by the kayak renter; or
(2) The kayak user signs a statement stating that the user does not intend and will not use the rented kayak in the ocean.
(d) Kayak renters shall obtain from kayak users in writing a float plan describing the area where the kayak user intends to use the rented kayak and the time period of intended use. Kayak users shall be informed in writing by kayak renters of the date and time when the rented kayak must be returned to
the kayak renter, and of the user's obligation to advise the kayak renter in person or by telephone if the user intends to keep the rented kayak longer than the intended time period. Kayak renters shall inform kayak users in writing that if the user fails to return the rented kayak by the date and time on which it was required to be returned, search and rescue agencies will be informed that the rented kayak was not timely returned and kayak users may become responsible for the cost of any search and rescue operation conducted on their behalf. Kayak users shall sign a statement prepared by kayak renters acknowledging that they have been so informed. If a rented kayak is not returned by the required date and time, and the kayak user has not communicated with the kayak renter to extend the time of the kayak’s use, kayak renters shall telephonically advise either the United States coast guard or county fire and rescue officials that the rented kayak was not returned on the date and time it was expected to be returned. This notice shall be provided within two hours after the time by which the kayak should have been returned. The kayak renter shall provide, in the notice, the date and time by which the kayak was supposed to be returned, the type of kayak, its color, the name and local addresses and phone numbers of the kayak users, and the float plan provided to the kayak renter.(e) Kayak renters shall advise kayak
users in writing of any known dangers in areas where the kayak user intends to use the rented kayak. This warning may be provided by way of a preprinted form describing known dangers in all ocean areas around the island where the kayak will be rented.(f) Kayak renters shall advise kayak users in writing, and kayak users shall agree in
writing, to use the life vests provided by the kayak renter whenever the kayak user uses the rented kayak."SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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