Dealing With Boat Traffic

by

by Bert Millar

Probably most of us would prefer to do our paddling in quiet, pristine areas, listening to the sounds of the wind, water and wildlife, free from the stress and danger of our modern and over-mechanised world. Sometimes we do get a chance to escape to these peaceful and remote wilderness regions, a chance to recharge our spiritual batteries and experience the tranquility that we need to think, meditate and relax. But the bulk of our kayaking is done in southern Ontario where we must share the waterways with thousands of other boaters. Much consideration is given to safety in respect to weather, accidental capsizes, hypothermia, rescues, etc., and rightfully so but I have observed that many paddlers don’t give too much thought to avoiding collisions with powerboats, so I would like to serve you a small portion of food for thought in this regard.

LOOK AROUND

It is not easy to crank your neck around like an owl to observe boat traffic but that is a skill that should be practised. In a headwind, a quiet powerboat or sailboat can come up behind you without notice. Practise turning your head and/or your boat to look behind. If you are having trouble doing this, learn how to do a sculling motion with your paddle that will allow you to get enough support to look back.

 WORK ON BEING SEEN

Let’s face it – you are in the tiniest boat possible, you stick up much less than one metre above the surface so in one-metre waves you will disappear momentarily in each wave trough. The windmilling motion of the paddlestroke may catch the eye of the more alert motor boat operators but not the dazed or impaired ones. Bright coloured blades work especially well to attract attention, red or yellow are best, while white blades can get lost in the confusion of white caps in breaking seas. If purchasing a boat, PFD, paddle jacket or hat give consideration to colour, again yellow, red and orange are the most visible. Sea kayaking tends to be a colourful activity anyhow, so take advantage of all the pretty gear that’s available. (I’m not into hair myself, but if you have any it could be dyed red or yellow.)

ALWAYS ASSUME YOU CAN’T BE SEEN

Following the suggestions above gives you an edge but you should always think that you can’t be seen as far as other traffic is concerned. The less you rely on the vigilance of others to spot you, the better off you will be.

KNOW WHERE THE BOAT TRAFFIC IS COMING FROM

And going to. Much of our paddling is along shore where it seems to be much safer than out in the open water but this is where you can be vulnerable to large boats coming out from wharves and marinas as you pass by the openings and breakwalls. Also, look for powerboats coming back from the open sea after a long day when the operators have let their guard down. When paddling in unfamiliar areas, consult a chart to determine where the channels, ferry slips, marinas, oil depots and commercial shipping areas are so you can be extra alert when in these danger zones. Know where the channels are and stay out of them as much as possible, we have the advantage of shallow draft boats and can travel in less active areas. Remember: a large, tightly clustered group of kayakers is more visible than a series of stragglers, so if you must cross a channel, gang up into a tight group, wait for a lull in the traffic and get across as quickly as possible. And lastly, be very careful in areas where there are large numbers of jet skis, as they can and will come into shallow areas at high speed. These little lake gnats are involved in more accidents and tragedies than all other classes of boats. Be alert!

LARGE VESSELS

Remember that large vessels appear to be moving slower than they really are. Check out this deadly illusion for yourself. Stand on a dock in a no-wake zone and focus your attention on a set point in the water as the boats go by. Watch as a small motorboat and then a larger vessel go by at what should be the same speed because of the zone. The larger vessel seems to be going slower. Why? Because all of the smaller boat passes your sighting point right away while the larger one still has more length to go by even after its bow crosses your point. This has the effect of making it seem slower. Therefore a paddler can often underestimate the speed of larger vessels – just the kind of boat that can’t stop quickly or make turns on a dime.
Vessels seem to be farther away when viewed from a low vantage point. This low position already makes your situation quite tough by limiting your horizon and how far you can see. It’s good to make a practice of studying vessels when out on the water: are they going fast or slow, upwind, downwind, or with the current.

 REMEMBER TO BE COURTEOUS TO POWERBOATERS

Yes, we know these gas guzzling behemoths are noisy and spew out wholesale amounts of pollution into our faces and the surrounding environment, but every year many kayakers in distress are rescued by powerboaters. You can’t have too many friends when you’re swimming for shore.

GLSKA Waiver

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter the "Release Agreement") BY ACCEPTING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE OR BREACH OF CONTRACT OR TO CLAIM COMPENSATION FOLLOWING AN ACCIDENT

PLEASE READ CAREFULLY!

DEFINITION

In this Release Agreement, the term Sea Kayaking Activities shall include but is not limited to: all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall including moving water, still water, lake and ocean kayaking; loan or rental of kayaks (hereinafter "the boats") and other equipment; orientational and instructional courses, seminars and sessions; all travel, transportation, and accommodation; food, beverage including water supply, use of equipment, and multi-day camping or overnight stays in the outdoors.

In this Release Agreement, the term "Negligence" includes the failure by the Releasees to use such care as a reasonably prudent and careful guide, instructor, trip organizer or sea kayaking operator would use under similar circumstances, or breach of any other duty of care imposed by law.

ASSUMPTION OF RISKS

Participation in Sea Kayaking Activities involves various risks, dangers and hazards including the risk of serious injury, paralysis or death. Sea Kayaking Activities often take place in remote wilderness locations, where assistance, medical and first aid services and evacuation may not be readily available, and communication may be difficult or not possible. The risks, dangers and hazards that may be encountered include, but are not limited to: accidents which occur during transportation or travel to and from the departure point; slips and falls while getting into or out of the boats; overturning of the boats; loss of balance; impact or collision with objects; cold water immersion; repetitive strain injuries; dislocated shoulders; hypothermia; drowning; changing and inclement weather conditions including storms, high wind, high waves, and lightning; encounters with domestic or wild animals; infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact; negligence on the part of other participants; and NEGLIGENCE ON THE PART THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN SEA KAYAKING ACTIVITIES.

Please refer to the GLSKA Risk Management Strategy section of their website for further information regarding the risks, dangers and hazards that may be encountered during Sea Kayaking Activities.

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter the "Release Agreement") BY ACCEPTING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE OR BREACH OF CONTRACT OR TO CLAIM COMPENSATION FOLLOWING AN ACCIDENT

PLEASE READ CAREFULLY!

I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH PARTICIPATING IN SEA KAYAKING ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

In consideration of the Releasees allowing me to participate in Sea Kayaking Activities as defined in this Release Agreement, I hereby agree as follows:

  1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the Releasees and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expenseor injury including death that I may suffer, or that my next of kin may suffer as a result of my participation in Sea Kayaking Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN SEA KAYAKING ACTIVITIES REFERRED TO ABOVE;
  1. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in Sea Kayaking Activities;
  2. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
  3. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario and no other jurisdiction; and
  4. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of Ontario and shall be within the exclusive jurisdiction of the courts of Ontario.

In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of Sea Kayaking Activities, other than what is set forth in this Release Agreement.

I CONFIRM THAT I HAVE READ THIS RELEASE AGREEMENT, AND I AM AWARE THAT BY ACCEPTING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.