Kayak licencing and registration gone mad

While maritime legislation differs from state to state, one of the anomalies of the current Victorian system is the requirement for a boating licence for any powered craft where all other states have a low-power exemption.

We’re all for boating safety, but the fact you need a licence to steer a kayak with a 1hp electric motor in Victoria has always struck us as, well, ridiculous.

At the Australian Torqeedo launch of these German-made environmentally friendly electric outboard motors (pictures above) in Melbourne in 2016, the absurdity of this State licencing requirement hit home.

While we were okay to drive the 1hp-power kayaks as we hold a boating licence, others at the event were not.

Today's 12V motors for kayaks and duckies and little tinnies are simpler and safer to operate than a lawnmower, hedger or leaf blower, blender...

EXEMPTION TRIAL PERIOD
We’re happy to report that, after questioning this out-dated legislation, some progress has been made on the subject of licencing for low-powered paddle craft in Victoria.

It is now proposed that a trial exemption from licencing and vessel registration be conducted for 12 months, which would give Transport Safety Victoria (TSV) and other enforcement agencies, such as the Water Police, sufficient time to monitor the effects of the trial and determine its effectiveness. Speed cameras not needed.

Victorian boating authorities and regulators are seeking feedback to the proposed trial. Submissions close on April 13, 2017. See the foot of this story for the relevant links to have your say.

PADDLE CRAFT POPULARITY
The use of paddle craft such as kayaks and canoes is becoming increasingly popular in Victoria (and other states). A recent survey commissioned by TSV has indicated that 644,000 (or 14 per cent) of Victorians had used a paddle craft at least once in the past 12 months.

TSV also observed that more paddle craft users are seeking to fit small motors to these vessels, for example, a trolling motor on a kayak to assist with fishing. This has resulted in a 'potentially' higher risk for these types of vessels, it says.

However, TSV admits that the extra requirements in respect of safety gear as it stands with low-powered paddle craft — for example a fire extinguisher! — isn’t appropriate.

40 POUNDS THRUST OR 5 KNOTS
After due consideration of the options, it is proposed that a trial exemption apply to kayaks and other paddle craft (such as canoes) that are fitted with a small electric motor of up to 40-pounds thrust powered from the engine, and which are capable of travelling at a speed of no more than 5 knots.

This 40 pounds thrust limit translates to electric motors that are equivalent in size to 400W or 1hp output. The 5-knot speed limit (less than jogging speed) is intended to limit the maximum power installation included within the scope of the trial exemption.

CURRENT REGULATORY REQUIREMENTS
As it now stands, the Marine Safety Act 2010 (Vic) and Marine Safety Regulations 2012 (Vic) require all powered vessels, including kayaks and canoes fitted with a motor, to be registered ($40.40 per year), carry specified safety equipment, and for the operator to hold a marine licence ($34.90 per year).

TSV says the purposes of registration and licensing under the Marine Safety Act 2010 are to:
>>Enable powered vessels operating on Victorian waters to be regulated for reasons of safety
>> Ensure that persons in charge of these vessels are competent masters and aware of safe operating practices and relevant marine safety laws

Victoria is the only Australian state that requires licencing and vessel registration of kayaks and canoes and small craft with such low horsepower ratings.

Generally, other states make operators exempt from any such requirements when operating engines less than 4-6hp, except SA where the limit is 2hp.

Victoria is now proposing 1hp or 5 knots. The Torqeedo electric engines and others we have tested in the past are all less than 1hp or 40lbs thrust. So these are conservative Vic proposals.

CUTTING RED TAPE
In 2016, the Red Tape Commissioner requested the Director, Transport Safety (Safety Director) to review the requirements applicable to kayaks and canoes fitted with low-powered electric motors in Victoria.

The Red Tape Commissioner noted that in other eastern states certain low-powered vessels are either exempt from registration and licensing requirements or these requirements do not apply. The Safety Director subsequently undertook a review into these requirements.

This consultation paper has now been prepared to seek feedback on a proposed trial exemption from vessel registration and marine licensing requirements for owners and masters of low-powered electric paddle craft.

The views and comments received from stakeholders in response to this paper will be taken into consideration in deciding whether to proceed with the trial and in determining its scope and duration.

TSV is now inviting feedback on the questions set out in the document Low-powered electric paddle craft trial exemption consultation as well as any other general comments interested parties may have in relation to the proposed trial.

Feedback:
More at Maritime Safety's paddle craft consultation release
Email: information@transportsafety.vic.gov.au
Fax: 03 9655 6611