and also could point out to your rep
that the flag makes a roll impossible and a paddle float and/or assisted T-Rescue more difficult, so it actually makes it more difficult and dangerous for paddlers.
Bill Number ?
What’s the bill number? If I write my Rep and Senator to oppose the legislation I need to reference the bill number!
More info
– Last Updated: Jul-09-08 1:35 PM EST –
http://www.paddleboston.com/resources/kayakbill.php
http://www.paddleboston.com/resources/kayakbilltext.php
"SECTION 4. Said chapter 90B is hereby further amended by inserting after section 13A the following section: Section 13B. Anyone who holds himself out as a kayak instructor for hire shall obtain and maintain: (i) first aid training approved by the department of public health; (ii) cardiopulmonary resuscitation training approved by the department of public health; and (iii) kayak instructor certification from the American Canoe Association, or equivalent water training.
The instructor shall train students on the safety procedures appropriate to the level of paddling difficulty. Before a student is instructed in water deeper than 5 feet. He shall receive wet exit training, which is practice escaping from a kayak while submerged in a controlled water setting. Wet exit training shall not be required if the student is using a sealed-hull, sit-on-top or open-decked kayak in which no part of the student’s body is enclosed by the kayak or a kayak skirt.
A liability release that limits an instructor’s responsibility to comply with this section shall be void."
=================================
Keep in mind that this pertains to "instructors for hire" (that would appear to mean "professional instructors" (people who instruct to earn money)).
It doesn't pertain to guides, rental agencies, or instructors who instruct for no pay.
(The "deeper than 5 feet" thing is dumb.)
Google is your friend (see below)!
Google is your friend (see below)!
Intresting…
– Last Updated: Jul-09-08 2:01 PM EST –
I noticed that the during a kayak class for first time kayakers they were given a skirt but instructed not to seal it down in the back. Just the front to keep them dry from the water dripping off the paddle.
I think doing a wet exit should be the first step, but not sure it should be a law.
It sounds to me like it could be an excuse to start taxing kayaks the same way they tax boats and trailers.
I'm not completely opposed to an isolated law either, but am concerned about being taxed and regulated for a non motorized boat.
There is a problem with too many kayakers on the internet and whatnot pushing kayaks as being safe when there are some real issues.
My first day kayaking I saw another beginner almost drown for this exact reason. he had a friend teaching him and took him a long time to find the release pull. When he came up his was clinging to the side of his kayak for dear life.
Yes, he was from up North too. ;)
Down here the county government sponsors the EC Kayak festival, and offer great classess all year long for a very reasonable rate.
They could offer safety tips on their website.
Yeah, if they don't even require boaters to be able to swim, why single out kayaks or a law like that?
Edit: just wanted to add that I was lucky that happened to the other beginner and not me. I'm very experienced around the water, advanced windsurfer, etc, but I was astonished how quickly I went over my first time. I could have easily tucked in the pull cord in all the challenge of just getting in the kayak.
bill text linked from CRCK website
That’s the text of the legislation from 2006-07 that didn’t pass. David, is there any new reporting on this? The last I’d heard was it didn’t make it out of committee in 07 and I can’t find any new updates?
Thnks.
Phil
even if
– Last Updated: Jul-09-08 7:27 PM EST –
"bone setters" still legally practiced in this country, I would have sought out a board certified orthopedic surgeon to manage this winter's serious spiral fracture of my right 3rd metacarpal bone.
My point being: I've had paddling instruction throughout the years, and I have always made a point of seeking out certified instructors, in my case ACA certified instructors.
What's wrong with putting paddling on the professional track (i.e. when people are paying money for a paddling experience) and requiring instructor certification on the ACA or BCU type model?
In the day, I was a certified technical mountain rescue team leader. And I bet even now most climbers would prefer a highly trained and motivated rescue team choppered in to pull their butts out of the poop, as opposed to having the the odd passer by attempt to perform the rescue.
Why should we settle for less as paddlers?
choice
As you said, there are already certified instructors available for those who want them. Do we really need to make it mandatory?
Where do you draw the line? If I say “Sure, I’d be happy to help you work on kayak rescues this evening – you buy the pizza when we’re done”, would that make me “…one who holds himself out as a kayak instructor for hire.”?
you hit the nail
right on the head; it’s all about choice - informed choice, that is.
In the scenario you describe, I’d be happy to buy you pizza and your preferred legal beverage - and I bet you could teach me alot about rescues.
And I’m not talking about you and me on a warm summer’s evening on the water. I’m talking about the public who has turned up with money in their hands at a money making business.
If you were PAYING for backcountry X-C skiing or technical climbing instruction, why would you ever settle for an unknown, potentially less then professionally trained instructor?
Climbing has a high perceived danger as compared to paddling; paddling has a high actual danger as compared to climbing. So why have lower/no standards for paddling instructors as compared to climbing instructors?
Agree in part
I also seek out qualified(usually certified) instructors when I’m spending money. I think the requirements in the bill make some sense.
But I’m still not convinced there has to be a law.
Downhill skiing/boarding has a fairly high injury rate. There’s no law saying that ski instructors must be certified, but most are – otherwise ski areas won’t hire them.
Good schools & guide services are the same way – they hire certified instructors, or help the people they hire become certified. It’s good business, and probably helps on the insurance and legal end.
I’m concerned about discouraging volunteer instructors when there is some cash involved. For example: an area club runs a beginning whitewater class every spring. Students pay a small fee for the event, but the “instructors” are all volunteers. Does the fee make them all “for hire?”
if that is the story that i am thinking
of-than it had more to do with gasp reflex due to the water temp than the skirt itself…
buzzards bay???
a version was printed up in sea kayaker mag?
I believe you may be right
and the death was not a drowning per se—apparently he was concious and talking after being brought to the surface by the guides
Link to the text of the bills
For those of you who are actually interested in what is being proposed in Mass., you can read the text of the bills here:
http://www.mass.gov/legis/bills/senate/185/st01pdf/st01410.pdf
and here:
http://www.mass.gov/legis/bills/house/185/ht02pdf/ht02382.pdf
Mass residents please reference S1410 and H2382 if you write your legislators to comment on these proposed laws.
Pizza
– Last Updated: Jul-10-08 11:55 AM EST –
"Anyone who holds himself out as a kayak instructor for hire"
This lnaguage indicates that you, as the student/customer, are aware that payment is required ahead of time. Note that this also means that anybody can be a student/customer (ie, anybody who is a member of the general public).
"Sure, I'd be happy to help you work on kayak rescues this evening -- you buy the pizza when we're done"
This is not an arrangment that you would likely make between you (as the instructor) and a member of the general public.
The "holds himself out" indicates that it's public knowlege (eg, it's advertised) that he's doing it for money (as a job).
It’s the same text
It’s the same text.
Same text
The text hasn’t changed. The new bills have the same text as the old bills.
“SECTION 4. Said Chapter 90B is hereby further amended by
2 inserting after section 13A the following section:—
3 Section 13B. Anyone who holds himself out as a kayak instructor
4 for hire shall obtain and maintain:—
5 (i) first aid training approved by the department of public health;
2 HOUSE — No. 2382 [January 2007]
6 (ii) cardiopulmonary resuscitation training approved by the 7 department of public health; and 8 (iii) kayak instructor certification from the American Canoe Asso9
ciation, or equivalent water training. 10 The instructor shall train students on the safety procedures appro11
priate to the level of paddling difficulty. Before a student is 12 instructed in water deeper than 5 feet. He shall receive wet exit 13 training, which is practice escaping from a kayak while submerged 14 in a controlled water setting. Wet exit training shall not be required 15 if the student is using a sealed-hull, sit-on-top or open-decked kayak 16 in which no part of the student’s body is enclosed by the kayak or a 17 kayak skirt. 18 A liability release that limits an instructor’s responsibility to 19 comply with this section shall be void.”
Club events
– Last Updated: Jul-10-08 12:08 PM EST –
No, the volunteers are -not- for hire because -the instructors- don't get the money.
I'm pretty sure this arrangement is intentional and deliberate in keeping the instructors from being "professionals" in a legal sense.
The government is now investigating
and implementing laws for small paddlecraft handling. What is this world coming to? Oh, but I’m sure they will do a really good job, it’s for the children, afterall.
Augustus Dogmaticus
MMVIII
Self regulating
"There’s no law saying that ski instructors must be certified, but most are"
Basically, you are describing “self regulating” professions.
The implication behind the law is that “self regulation” in the kayaking instruction profession doesn’t work. The “evidence” for that is a few (rare) events where people had skirt problems.
====================
I suspect that the true motivation of this legislation is to add to the resumes of legislators (eg, “look at all of the ‘public safety’ legislation I’ve passed. Re-elect me!”).
The general public will likely see this as sensible (and not controversial) and it effects a tiny fraction (kayak instructors) of the population who don’t have a lot of political power.
Already the case
"What’s wrong with putting paddling on the professional track (i.e. when people are paying money for a paddling experience) and requiring instructor certification on the ACA or BCU type model?"
I think that this is, to a very high degree, already the case. I suspect that it would be very hard to find a “for hire” instructor without appropriate certification.
That is, we don’t need a law to make certification a requirement. The law is really about the other stuff (CPR, first aid, and wet-exit training).