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Re: Lifejacket Ticket in Keswick, Ontario

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  • woodman_k
    Paul Glad to here they dropped the charge. I was nailed once in burlington windsurfing. Very frustarting. Now if I go to a place with prowling authorities I
    Message 1 of 3 , Nov 13, 2004
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      Paul
      Glad to here they dropped the charge. I was nailed once in
      burlington windsurfing. Very frustarting.
      Now if I go to a place with prowling authorities I just use one of
      those inflatable one from cantire that are a little fanny pack.
      The cops may still stop you thogh as a friend had that happen and he
      had to show him the tag on it to prove it was legal!

      Stan

      --- In kitesurf@yahoogroups.com, "Paul Tae" <ptae@y...> wrote:
      > Just thought I would let everyone know about how things went
      with
      > day in court.
      > On May 10, 2004 I was kiteboarding from kitebeach in Keswick,
      > Ontario, Canada. When I came to shore an officer approached me
      and asked me
      > why I wasn't wearing a like jacket. I said I didn't know I needed
      one. He
      > said that as I was "windsurfing", I did need one. I said this
      isn't a
      > windsurfer, it's a kiteboard. The conversation became ridiculous
      and
      > frustrating. He gave me a ticket and would not listen to reason.
      All the
      > other kiteboarders tried to reason with him also to no avail. He
      then left
      > without giving out any other tickets (i.e. to any of the other
      kiteboarders
      > or actual windsurfers.)
      > That is the history. I just had my day in court on November
      10,
      > 2004. I'm happy to say that I won. I disappointed in the way I
      won. They
      > dropped the charge. What a waste of time. I was prepared to
      defend the
      > charge to set a precedent. For those who are interested, they
      charged me
      > with being in violation of section 16.01 of the "Small Vessel
      Regulations"
      > which is part on the Canada Shipping Act. According to their line
      of
      > reasoning I would need to have a lifejacket, a buoyant heaving
      line (so I
      > could be towed), a paddle or anchor, a bailer, a flashlight or
      flare gun and
      > a whistle. I hope everyone is getting a chuckle out of that.
      > Anyway, according to section 3.(2) of the same act, the act
      does not
      > apply to "floating devices" under 2m in length. My board was
      1.2m. I was
      > confident of a win in court.
      > I spoke to one of the officers at the court and he said that
      they
      > would be changing the act so that it covered kiteboarding.
      > I actually called the Marine Unit a couple of days after I
      got the
      > ticket and spoke to the officer's supervisor. All the officers
      had been
      > discussing the situation as they weren't sure about the whole
      thing having
      > never given out such a ticket before. They even consulted with
      the Coast
      > Guard and called me back a week later. Unfortunately, at the time
      they
      > decided to continue with the ticket.
      > I hope this experience can be of some help. Has anyone else
      had a
      > similar experience? Are there any lawyers out there who might
      have an
      > opinion what my defense would have been?
      >
      > Cheers,
      > Paul Tae
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