myiW Current Conditions and Forecasts Community Forums Buy and Sell Services
 
Hi guest · myAccount · Log in
 SearchSearch   ProfileProfile   Log in to check your private messagesLog in to check your private messages   RegisterRegister 
CALIFORNIA SEEKS TO REGULATE windsurfing
Goto page 1, 2, 3  Next
 
Post new topic   Reply to topic    iWindsurf Community Forum Index -> Southwest USA, Hawaii, Mexico
View previous topic :: View next topic  
Author Message
Riptide



Joined: 15 Jan 2011
Posts: 258

PostPosted: Wed Mar 07, 2018 1:34 pm    Post subject: CALIFORNIA SEEKS TO REGULATE windsurfing Reply with quote

CALIFORNIA SEEKS TO REGULATE windsurfing, Kite-boarding, SUP, Kayak.

“Personal watercraft” means a vessel 13 feet in length or less, propelled by machinery, that is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than in the conventional manner of sitting or standing inside the vessel. (l) (1) “Machinery” means any sail, rigging, rudder, oar, paddle, or similar device.
(2) Any vessel that uses machinery in its operation is a mechanically propelled vessel.

I interpret this to mean they want CF numbers, on Kayaks, SUP, Windsurf and kite boards. meaning A fee and they also just criminalized our chosen non-motorized recreational sport into the same regulations of motorized watercraft like jet skies and speedboats.

Everyone please contact your state senator. And also call Senator Ted Gaines District 1 who has sponsored this Legislation.1-916-651-4001

http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1247
Back to top
View user's profile Send private message
tony



Joined: 05 May 1994
Posts: 76

PostPosted: Wed Mar 07, 2018 5:57 pm    Post subject: Reply with quote

I do not know the intent of this bill but so far as I can tell it would result in a major change to the meaning of section 655.2:

655.2.(a) Every owner, operator, or person in command of any vessel propelled by machinery is guilty of an infraction who uses it, or permits it to be used, at a speed in excess of five miles per hour in any portion of the following areas not otherwise regulated by local rules and regulations:

(1) Within 100 feet of any person who is engaged in the act of bathing. A person engaged in the sport of water skiing shall not be considered as engaged in the act of bathing for the purposes of this section.

(2) Within 200 feet of any of the following:

(A) A beach frequented by bathers.

(B) A swimming float, diving platform, or lifeline.

(C) A way or landing float to which boats are made fast or which is being used for the embarkation or discharge of passengers.

(b) This section does not apply to vessels engaged in direct law enforcement activities that are displaying the lights prescribed by Section 652.5. Those vessels are also exempt from any locally imposed speed regulation adopted pursuant to Section 660.


Since the change will define windsurfers, kites and paddle boards as being vessels propelled by machinery it will seemingly prohibit their operation within 100 feet of surfers (who are regarded as "bathing") unless traveling at 5mph or less.

Can they really have intended such a change?
Back to top
View user's profile Send private message
mauiguy



Joined: 18 Feb 1997
Posts: 57
Location: Maui

PostPosted: Wed Mar 07, 2018 7:02 pm    Post subject: Reply with quote

This part would restrict launching from multiple locations:

2) Within 200 feet of any of the following:

(A) A beach frequented by bathers.

This would effect the use of not just windsurfers or kites, but kayaks, paddle boards, and small sailboats like lasers.

I've launched all of those except kites from beaches with lots of bathers nearby who I never bothered at all.

I don't live in CA. anymore, but it seems that you folks who do need to contact your state representatives and associations like the SFBA.


Last edited by mauiguy on Wed Mar 07, 2018 7:35 pm; edited 1 time in total
Back to top
View user's profile Send private message
Riptide



Joined: 15 Jan 2011
Posts: 258

PostPosted: Wed Mar 07, 2018 7:28 pm    Post subject: Reply with quote

The following non-motorized vessels utilizing "machinery" do not have to be registered with the State:
Vessels propelled solely by oars or paddles. (e.g. paddleboards)
Non-motorized sailboats that are eight feet, or less, in length.
Non-motorized surfboards propelled by a sail and with a mast that the operator must hold upright. (e.g. kiteboards) This amendment proposal to define "machinery" does not affect the State laws in place that exempt these types of vessels. It only defines that theses types of vessels utilize "machinery" and that they can be liable for endangering others just like motorized vessels.
Back to top
View user's profile Send private message
Riptide



Joined: 15 Jan 2011
Posts: 258

PostPosted: Wed Mar 07, 2018 7:29 pm    Post subject: Reply with quote

Nu https://dbw.parks.ca.gov/?page_id=28754 go to Section 6, page 10. I think I have some others that I saved on my favorites. Let me find them and I'll pass them along. Please stand by. Wink
Back to top
View user's profile Send private message
Riptide



Joined: 15 Jan 2011
Posts: 258

PostPosted: Wed Mar 07, 2018 10:09 pm    Post subject: Reply with quote

First up, here is a link to all the info on the bill:
http://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=201720180SB1247
At this link you can find the bill text, votes, history, any analyses of the bill, and you can compare bill language with current law. You can also write comments to the author of the bill from this link. But all of that may not be necessary at this point due to the info below.

I called Senator Gaines’ Capitol office, and his staffer, Peter, told me that their phones are blowing up thanks to all of you. 

Peter also let me know that the bill language that’s there now is in “spot” form, which means that there’s just some language in there to establish some sort of intent, but that the bill will be amended to clarify the intent as soon as they’re able, which is after March 18th.
Here’s info on what a spot bill is: http://www.legintent.com/what-does-it-mean-the-spot-bill/

Peter also told me that the bill, once amended, will be a public safety bill which will allow police officers to do breathalyzer tests on operators of sailboats WITHOUT motors. Apparently as the law stands now, they can only do breathalyzers on sailboats WITH motors. Peter stated that the bill will not affect wind sport equipment or your use of the waterways.
Peter will have the staffer who’s working on the bill send me the Fact Sheet for the bill as soon as it’s ready.

It’s pretty common for bills to be introduced in bare bones form, and it’s not shocking that the current bill language would raise red flags for the wind sport community, since right now it appears to call for greater regulation of your use of the waterways.

So, there you have it for now. If, for some reason, what Peter told me was not accurate, and I have no reason to believe it wasn’t, y’all can mobilize.

I’ve written a bit more info on the legislative process below, in case anyone is interested.

This is the second year of a two-year Legislative Session. The deadline to introduce bills was in mid-February.
From the info on the link above for SB 1247, the earliest the bill will be heard in the Natural Resources and Water Committee is March 18th. At that point, I assume the author will amend the bill to clarify the intent.
Once a bill passes the committee(s) it’s been scheduled to be heard in, it goes to the full house that it was introduced in, in this case, the State Senate. The deadline for passage through the Senate (the House of Origin in legislative terms) is June 1st. If the bill passes the Senate, it will move over to the Assembly, and will go through a similar process, and will likely be heard in the Assembly Water, Parks and Wildlife Committee. If it passes through that committee, it will then likely go to the Assembly for a vote. The deadline for both houses of the legislature to pass bills is August 31st, and the Governor has 30 days to either veto the bill, or to sign it into law, or to ignore it, which also has the effect of approving the bill.
Back to top
View user's profile Send private message
tony



Joined: 05 May 1994
Posts: 76

PostPosted: Wed Mar 07, 2018 11:12 pm    Post subject: Reply with quote

sasussman wrote:
This part would restrict launching from multiple locations:

2) Within 200 feet of any of the following:

(A) A beach frequented by bathers.



No, it would just require not exceeding 5mph until 200 feet from shore.
Back to top
View user's profile Send private message
tony



Joined: 05 May 1994
Posts: 76

PostPosted: Wed Mar 07, 2018 11:19 pm    Post subject: Reply with quote

Thanks, Riptide, for the details of the process. That explains why it was not possible to find an explanation of the purpose of the changes online. I am confident that they will change the language but we need to be ready to comment on that revised language if necessary.
Back to top
View user's profile Send private message
superkraut



Joined: 18 Mar 2001
Posts: 309

PostPosted: Thu Mar 08, 2018 12:40 pm    Post subject: Reply with quote

thanks for all your efforts, Riptide!!
a question: this is posted as "An act to amend Section 651 of the Harbors and Navigation Code"
"Harbors and Navigation" covers just a tiny portion of all the waters we recreate on in Cali. Is this intended to be limited to "navigable" waters?
Back to top
View user's profile Send private message
mauiguy



Joined: 18 Feb 1997
Posts: 57
Location: Maui

PostPosted: Thu Mar 08, 2018 2:09 pm    Post subject: Reply with quote

tony wrote:
sasussman wrote:
This part would restrict launching from multiple locations:

2) Within 200 feet of any of the following:

(A) A beach frequented by bathers.



No, it would just require not exceeding 5mph until 200 feet from shore.


This is true. Sorry, but I misread it. However, even this is an issue. I sail at over 5 mph all the time within 200 feet of a beach frequented by bathers.

For example, all the time I come planing to shore and stall just before hitting the beach.


Last edited by mauiguy on Thu Mar 08, 2018 6:45 pm; edited 3 times in total
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    iWindsurf Community Forum Index -> Southwest USA, Hawaii, Mexico All times are GMT - 5 Hours
Goto page 1, 2, 3  Next
Page 1 of 3

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum
You can attach files in this forum
You can download files in this forum

myiW | Weather | Community | Membership | Support | Log in
like us on facebook
© Copyright 1999-2007 WeatherFlow, Inc Contact Us Ad Marketplace

Powered by phpBB © 2001, 2005 phpBB Group