Part 3 - General navigation safety requirements

Current version

5. Personal Flotation Devices

Requirement to wear personal flotation devices

(1) Every person on board a recreational vessel that is 6 metres or less in length shall wear a properly secured personal flotation device of an appropriate size for that person when the vessel is underway.

Proposed change

5. Personal Flotation Devices

Requirement to wear personal flotation devices

(1) Every person on board a recreational vessel that is 6 metres or less in length shall wear a properly secured personal flotation device of an appropriate size for that person and of a type appropriate for the activity being undertaken when the vessel is underway.


Explanatory note: For the sake of clarity, this Rule continues the requirement for the compulsory wearing of PFDs on small vessels in the Canterbury Region. Requirements for the carriage of PFDs on all vessels and the wearing of PFDs on all vessels in certain situations, found in Maritime Rules Part 91, remain and must be complied with. It should also be noted that PFDs should be of a type appropriate to the activity being undertaken (eg: water skiing, rafting, kayaking, boating on the open sea, jet boating).

Rationale for change

This change brings a point in the explanatory note into the rule. This has been discussed around the country and is viewed as a commonsense safety matter worthy of being further highlighted by incorporation into the body of rules.


Current version

8. Speed limits

Requirement for safe and considerate high speed navigation:

(1) No person who is permitted by any provision of this Bylaw or any Maritime Rule to navigate a vessel at a speed exceeding 5 knots shall do so in any manner that is likely to endanger or unduly interfere with the reasonable enjoyment of any person who is in, on, or using the waters, or fishing, or undertaking any activity in the vicinity of the vessel.

Proposed change

8. Speed limits

Requirement for safe and considerate high speed navigation:

(1) No person who is permitted by any provision of this Bylaw or any Maritime Rule to navigate a vessel at a speed exceeding 5 knots shall do so in any manner that is likely to endanger or unduly interfere with the reasonable enjoyment of any person who is in, on, or using the waters, or fishing adjacent to the waters, or undertaking any activity in the vicinity of the vessel.

Rationale for change

Fishing has been removed, as the activity being undertaken isn't relevant to the rule's requirement to avoid, for example, placing people near a waterway at risk of being swamped by a vessel's wake.


Current version

9. Vessels to be seaworthy

(1) No person shall navigate any vessel in circumstances where the vessel is unseaworthy, except to remove the vessel from the water or to move it to a safe area.

(2) No person shall navigate any vessel in circumstances where persons on board have been advised by the Harbourmaster or an Enforcement Officer that the vessel is unseaworthy, except to comply with the directions of the Harbourmaster or Enforcement Officer to proceed to a safe area.

Proposed change

9. Vessels to be seaworthy

(1) No person shall navigate or keep or place on the water any vessel in circumstances where the vessel is unseaworthy, except to remove the vessel from the water or to move it to a safe area.

(2) No person shall navigate or keep or place on the water any vessel in circumstances where persons on board or in charge have been advised by the Harbourmaster or an Enforcement Officer that the vessel is unseaworthy, except to comply with the directions of the Harbourmaster or Enforcement Officer to proceed to a safe area.

Rationale for change

Changes in this clause to ensure clarity of intent and that consistency is maintained with proposed amendment to the definition of "unseaworthy".