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Re: [ksurf] [Fwd: [ottawaws] $355 no lifejacket fine]

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  • hungvu2000@rogers.com
    Thanks Paul, Do you know whether they have changed the act since then? Anyone in the rest of the world got tickets for kiting without life jacket? Hung.
    Message 1 of 3 , Aug 10, 2006
      Thanks Paul,

      Do you know whether they have changed the act since then?

      Anyone in the rest of the world got tickets for kiting without life jacket?

      Hung.

      Paul Tae wrote:

      >I got a ticket for no lifejacket two summers ago Lake Simcoe in Keswick,
      >Ontario (north of Toronto) last summer. I took it to court and the officers
      >dropped the charges. I posted a message here about it at the time and here
      >it is:
      >Subject: Lifejacket Ticket in Keswick, Ontario
      >
      >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?
      >
      >
      >
      >
      > _____
      >
      >From: kitesurf@yahoogroups.com [mailto:kitesurf@yahoogroups.com] On Behalf
      >Of hungvu2000@...
      >Sent: Thursday, August 10, 2006 9:55 AM
      >To: cankitesurf@yahoogroups.com; kitesurf@yahoogroups.com;
      >ksurfschool@yahoogroups.com
      >Subject: [ksurf] [Fwd: [ottawaws] $355 no lifejacket fine]
      >
      >
      >
      >Life jacket as a mandatory requirement for kiters?
      >
      >Hung.
      >
      >-------- Original Message --------
      >Subject: [ottawaws] $355 no lifejacket fine
      >Date: Thu, 10 Aug 2006 09:28:41 -0400
      >From: Andrew Devries <adevries@fpac. <mailto:adevries%40fpac.ca> ca>
      >Reply-To: ottawaws@yahoogroup <mailto:ottawaws%40yahoogroups.com> s.com
      >To: <ottawaws@yahoogroup <mailto:ottawaws%40yahoogroups.com> s.com>
      >
      >Bottom line: If you have your driver's licence (or reasonable waterproof
      >facsimile thereof), whistle and an approved life jacket you will not get
      >the fines that I got last night. Also, do not try and explain your sport
      >to the officers as they don't really care and you may end up bumping a
      >warning ticket into the fines I got.
      >
      >The guide: Safe Boating Guide
      >http://www.tc <http://www.tc.gc.ca/publications/EN/TP511/PDF/HR/TP511E.pdf>
      >gc.ca/publications/EN/TP511/PDF/HR/TP511E.pdf (see
      >sailboards on page 29)
      >
      >The story: I got pulled over by the Ottawa police boat last night in the
      >Greencreek area (west of Petrie Island) for sailing without a life
      >jacket- $235.
      >
      >I tried to explain that my waist harness had floatation but was not
      >approved and my board also had tons of floatation (160l). The officer
      >did not like what he thought were my "smartalec remarks" and asked if I
      >was carrying a driver's licence (I was not). He then threatened me with
      >$1000 in fines. I proceeded to shut my mouth and take what I feel
      >boardered on harassment.
      >
      >Failing to have a lifejacket I got nailed for an additional $120 ticket
      >for failing to carry: watertight flashlight or flares, manual propelling
      >device (paddle) and 15 m of buoyant heaving line (?!). (You do not need
      >these if you have a lifejacket). (and no, hands do not count as a paddle
      >I asked after I got my tickets)
      >
      >Fortunately I did have a whistle on my harness otherwise I might have
      >tallied up a few extra dollars as well. However, the officer suggested
      >that my whistle was probably not adequate and I should consider carrying
      >a Fox 40 (fair enough).
      >
      >The officer did not fine me for a failure to carry a driver's licence,
      >although apparently he could have.
      >
      >One of the officers suggested I was engaged in a very dangerous sport,
      >risking life and limb and "what would happened if I hit my head". I
      >suggested to the officer that indeed windsurfing was pretty safe and
      >people all over the world sail without life vests and which point the
      >officer replied "well you are in Canada now". I shut up again.
      >
      >At one point the police cruiser floated over top of my sail and mast
      >with the engine running and I pointed out that my sail might get caught
      >in the motor could they please kill the motor. They did but only after
      >I was criticized for not being a good enough sailor to keep my sail from
      >going under the boat (ummm, you guys pulled along side me not vice-versa
      >I said in my head).
      >
      >It took about 30 minutes of floating downriver with the cops to fill out
      >the tickets and radio in my driver's licence at which point the wind
      >died and I walked back home.
      >
      >I am wondering if anyone has had a similar experience and wondering what
      >they did. I find these requirements and the Ottawa police service
      >approach a little out of touch with the nature of the sport.
      >
      >I am willing to challenge this silly precedent, including a letter
      >writing campaign to Transport Canada (the federal agency responsible for
      >the Canada Shipping Act under which I was charged (Sec 4 and 16.01) and
      >the Ottawa Police Service but would not want to turn this into a
      >crackdown on windsurfers. This is the first time I have ever been
      >stopped by the cops and I know the lifejacket debate has been around for
      >years in the windsurfing community (I wear one about 50% of the time)
      >but have not worn one this summer.
      >
      >Thoughts anyone?
      >
      >AdV
      >
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