Options Paper for Marine Licensing in Victoria For Marine Safety Regulations 2011 This publication is copyright. No part may be reproduced by any process except in accordance with the provisions of the Copyright Act 1968. © State of Victoria 2011 Authorised by the Victorian Government, 121 Exhibition St, Melbourne Victoria 3000 If you would like to receive this publication in an accessible format, such as large print or audio please telephone Public Affairs Branch, Department of Transport on (03) 9655 6000. www.transport.vic.gov.au Contents Introduction 5 Chapter 1. Marine licensing in Victoria and the outcomes of current licensing arrangements 9 1.1 Background 9 1.1.1 Purpose of marine licensing 9 1.1.2 Current Victorian marine licensing scheme 9 Licensing under the Marine Safety Act 2010 9 1.1.3 Chapter 2. The Basic Marine Licence 37 2.1 Background 37 2.1.1 National Guidelines 37 2.1.2 Current marine license and PWC endorsement testing 37 2.1.3 The Marine Safety Act 2010 38 2.2 What could a best practice assessment model look like? 40 2.2.1 Practical on-water testing 40 2.2.2 Logged experience 40 2.2.3 Practical training 41 2.2.4 Knowledge testing 41 2.3 Items which the basic license needs to address 41 2.3.1 Reduce incidents caused by human factors 41 Increase competencies of recreational vessel masters 41 2.3.3 Enable targeted interventions 42 2.4 Evidence indicating that outcomes from general boating point to issues with the general boating license. 42 1.1.4 Progression of competence 10 1.2 Applicants and vessel numbers 10 1.2.1 Changes in applicant profiles 10 1.2.2 Number of registered vessels 11 1.3 Human factors as main causal factors for incidents, accidents and death 12 1.4 Data 12 1.4.1 Victorian exposure, injury and death data 12 Victorian vessel and person exposure information 13 1.4.3 Incident types 15 2.5 Options for licence testing reform 43 1.4.4 Incident causes 16 2.5.1 1.4.5 Fatalities 17 Option 1 – Theory test only – status quo 44 2.5.2 Option 2 – Improved knowledge test split-score model 45 1.4.2 1.4.6 Injuries 20 1.4.7 Insurance company data 26 1.4.8 Conclusions from the data 27 1.4.9 Risk-based assessment of hazards 27 1.5 Means to deliver licensing 28 1.5.1 What should a licence test? 28 1.5.2 National Competencies 28 1.5.3 Training and Assessment Methods 28 1.6 Conclusion 33 1.7 Relative exposure to risk, a comparison between marine and road fatality rates 33 1.7.1 Comparison of vessel/vehicle fatality rates. 33 1.8 Summary 34 2.3.2 Contents 1 2.5.3 2.5.4 2.5.5 46 Option 4 – Theory test and mandatory on-water assessment 47 Option 5 – Mandatory on-water training course with practical and theory assessments 48 2.6 Options Summary 49 2.7 Restricted licences and learners 51 2.8 Cost-benefit assessment of options 52 2.9 Summary of general marine licence options 53 Recommendation 54 2.10 2 Option 3 - Theory test and either supervised practical experience documented through a log book or a practical training course 3.7.7 Option 3 - Improved PWC information via DVD or similar mechanism with improved knowledge test based on this information and a practical assessment 70 3.7.8 Summary of options 70 3.7.9 Cost Benefit Analysis 72 3.7.10 Case for PWC endorsement improvements 74 3.7.11 Recommendation 74 3.8 Offshore operations endorsement 75 3.8.1 Nature and extent of problem 75 3.8.2 Indicators of recreational vessel risk in Victorian coastal waters 77 3.8.3 Injury Data 81 3.8.4 Objectives of regulation 81 3.8.5 Bow tie exercises and analysis 81 3.8.6 Summary 84 3.8.7 Options 84 3.8.8 Recommendation 84 3.8.9 Available practical courses with offshore components 85 3.9 High speed vessel endorsement 85 3.9.1 Nature and extent of problem 85 3.9.2 Injury and fatality trends citing speed as a contributing factor 85 3.9.3 Stakeholder comment 87 3.9.4 Elements identified as requirements for a high speed endorsement 87 Possible elements for inclusion in an endorsement 88 Chapter 3. Licence Endorsements 57 3.1 Background 57 3.2 Risk assessment 57 3.3 Regulatory control of risk 57 3.4 Determining whether an endorsement is the preferred option 58 3.5 Suggested Endorsements 58 3.5.1 Personal Water Craft operation 58 3.5.2 Offshore operations 58 3.5.3 High speed vessels 58 3.5.4 Towed water sports 58 3.5.5 Vessels carrying more than 12 passengers 59 3.6 Endorsement assessment 59 3.6.2 Cost benefit assessments 59 3.7 Personal Water Craft (PWC) Endorsement 3.9.6 Objectives of regulation 88 60 3.9.7 Summary 88 3.7.1 Nature and extent of problem 60 3.9.8 Options 89 3.7.2 National and international comparisons 60 3.9.9 Recommendation 89 3.7.3 PWC incidents, fatality and injury trends 61 3.10 Towing Endorsement 90 3.7.4 Options 69 3.10.1 Nature and extent of problem 90 3.7.5 Option 1 - Base case 69 3.10.2 3.7.6 Option 2 - Improved PWC information with improved knowledge test based on this information 69 Current Regulations – State by State 90 3.10.3 Towed water sport incidents, fatality and injury trends 91 3.9.5 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 3.10.4 3.10.5 3.10.6 Causes/mechanisms of injury and potential risk/contributory factors to injury 93 Contributory factors to injury: self reported 95 The number and duration of hospital admissions for towed sports 96 Appendix 1: Stakeholder feedback on the current licensing framework 115 Appendix 2: Recreational Boat Operator Licensing Schemes within Australia 119 Appendix 3: Analysis of the current Victorian licensing scheme 129 3.10.7 MUARC survey 101 3.10.8 Exposure 101 3.10.9 Objectives of regulation 101 Appendix 4: Bow tie analysis 133 3.10.10 Options 101 Appendix 5: Offshore requirements 155 3.10.11 Risk assessment 103 3.10.12 Cost Benefit Analysis 103 Appendix 6: Cost benefit analysis and the identification of feasible solutions 159 Present value of benefits 168 Present value of costs 169 Benefit Cost Ratios 170 Modifications to the basic BCR results 172 177 183 3.10.13 Summary of towed water sport options 105 3.10.14 Case for towed water sport endorsement improvements 105 3.10.15 Arguments against a separate licence endorsement for towing activities 106 3.10.16 Recommendation 106 Endorsement for operators of vessels capable of carrying more than 12 passengers 107 Appendix 7: Relative exposure to risk, a comparison between marine and road incidents 3.11.1 Nature and extent of problem 107 Glossary 3.11.2 Experience from other jurisdictions 109 3.11.3 Incident data in relation to large vessels with high number of passengers 109 Victorian recreational vessels over 8 metres 109 3.11.5 Stakeholder comment 110 3.11.6 Commercial qualifications for these types of vessels 110 3.11.7 Objectives of regulation 110 3.11.8 Identified knowledge and skill requirements 110 Summary 112 3.11 3.11.4 3.11.9 3.11.10 Options 112 3.11.11 Recommendation 113 Contents 3 4 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Introduction Background Purpose of this paper The Department of Transport (DOT) has been conducting a review of Victoria’s transport policy and legislation since 2004. The review has covered all transport modes, and broadly seeks to establish an integrated and sustainable transport system. As a result of the review, new legislation reflecting current regulatory best practices is being adopted for each transport mode. This paper outlines how marine licensing is currently managed in Victoria, and how it could be improved. It aims to promote discussion and debate, to provide valuable information to the DOT in developing a licensing scheme which is directly focussed on improving safety outcomes. As part of this process, DOT has conducted a comprehensive examination and analysis of the legislation governing the marine industry in Victoria. The review led to the development and passage by Parliament of a new Marine Safety Act 2010 (the Act), to come into effect before July 2012. In regard to licensing, the review identified the need to examine the effectiveness of marine licensing as part of the overall marine safety regulatory framework. Feedback obtained during consultation suggested that the current means of obtaining a recreational boat operator licence may not meet the objective of ensuring licensed operators are competent to drive boats safely. This paper presents a range of options for development of a licensing scheme. No decision on which option, if any, to adopt has yet been made. This is because DOT is keen to receive feedback from people directly involved in the marine sector before proposing any changes to the licensing scheme, including any proposed decision about the timing of such changes. DOT will carefully consider the feedback, together with the analysis presented in this paper, to determine if any change to the present licensing scheme is warranted. The objective is to strengthen the licensing scheme so that it improves the safety of recreational boating and meets the expectations of Government, the marine industry and the boating community. In addition, the review identified that certain marine activities or particular vessel types were of themselves hazardous and that the licensing scheme could be an effective means of improving safety outcomes for those activities or vessel types. Introduction 5 Structure of this paper The paper is divided into 4 parts: ff Part One contains background information on licensing, and data on incidents, injuries and fatalities. It also sets out analysis based on risk assessments carried out during the course of several stakeholder and public workshops. ff Part Two outlines the case for a change to the basic marine licence and discusses various licence delivery options. For those options considered most feasible, a cost benefit analysis has been conducted. ff Part Three discusses the five activities and/ or vessel types where endorsements have been suggested as ways to improve safety outcomes. Evidence to support each of the suggested endorsements is listed and analysed, together with alternatives for how the endorsement could be obtained in practice. ff Part Four contains appendices with the information used to support or amplify the core parts of the paper. Have your say Feedback is sought on the contents of this paper. Submissions are required to be made in writing and can be emailed to: ff marinesafetyregulations@transport.vic.gov.au or posted to: Marine Safety Regulations Department of Transport GPO Box 2797 Melbourne VIC 3001 Australia Please note that all submissions will be treated as public information unless you request otherwise. Submissions will be published on the Department of Transport website unless you clearly indicate that you would like all or part of your submission not to be published. Any content considered to be defamatory, vilifying or otherwise inappropriate will not be published. You should be aware that all submissions are subject to the Freedom of Information Act 1982. Personal information may be used to contact you regarding your submission and/or the outcomes of the consultation. Please clearly state in your submission if you do not wish for this to occur. 6 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 7 8 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Chapter 1. Marine licensing in Victoria and the outcomes of current licensing arrangements 1.1 Background 1.1.1 Purpose of marine licensing Marine licensing seeks to ensure that people in charge or command of recreational vessels have a minimum required level of knowledge, skill and experience to support the safe operation of the vessel and an adequate awareness of the risks involved. 1.1.2 Current Victorian marine licensing scheme Licensing in Victoria was introduced by the Marine (Amendment) Act 2000, which established the following licenses and endorsements for powered recreational vessels: ff General operator licence (section 116) ff Restricted operator licence (12-15 years of age inclusive) (section 117) ff Personal watercraft (PWC) endorsement (section 118) Applicants are required to undertake and satisfactorily complete a knowledge test. Those requiring the PWC endorsement must sit a further knowledge test. Applicants have the option of doing this in one of two ways: ff pass a multiple choice test paper administered by VicRoads, or ff attend an authorised training course and pass an equivalent multiple choice test, administered by a registered training provider. 1.1.3 Licensing under the Marine Safety Act 2010 Under the Marine Safety Act 2010, the purposes of licensing are specifically listed. They include seeking to ensure that people who are in command or in charge of a vessel are: ff competent; and ff aware of safe operating procedures and relevant marine safety laws. The figure below shows this existing framework. Un-powered vessel operators are not required hold a licence or endorsement. Figure 1 - Current recreational vessel licensing scheme Marine Act 1988 Section 10A Recreational Boat Operator Licence (including Restricted Licences) PWC Endorsement Chapter 1. Marine licensing in Victoria and the outcomes of current licensing arrangements 9 Competence There are numerous interpretations of ‘competent’. For example: • The Australian Qualification Training Framework (AQTF) definition of competency used in the Vocational Education Training (VET) context is “the consistent application of knowledge and skill to the standard of performance required in the workplace. It embodies the ability to transfer and apply skills and knowledge to new situations and environments”. • The Macquarie Dictionary definition of competent is “properly qualified; capable; fitting, suitable, or sufficient for the purpose; adequate”. 1.1.4 Progression of competence The diagram below illustrates that four stages of competence are generally recognised. This model is based on both the competency of the person and the person’s knowledge of their level of competency. Figure 2 - Conscious competence learning model 1. Unconscious Incompetence The person is not aware of the existence or relevance of the skill area 3. Unconscious Competence The skill becomes so practised that it enters the unconscious parts of the brain – it becomes ‘second nature’ 2. Conscious Incompetence The person becomes aware of the existence and relevance of the skill and their deficiency in this area 4. Conscious Competence The person will need to concentrate and think in order to perform the skill The Victorian knowledge test currently focuses on having knowledge suitable for the purpose of being able to demonstrate the competence to safely operate a recreational vessel. This most closely aligns with the second stage in the model of competence, ‘conscious incompetence’. The skill and experience elements essential to progress to the next stage of ‘conscious competence’ are not provided for within the current Victorian testing regime. 10 In contrast, the Western Australian ‘Skippers Ticket’ assessment requires a person to ‘demonstrate’ a set of tasks which are clearly described in the assessment reading material as being essential to safely operate a vessel. This allows the applicant to prepare for the assessment with a clear understanding of the specifics and the standards they must achieve. This assessment method aligns to the third stage, ‘conscious competence’. This approach is consistent with the approach used for issuing licences for the operation of motor vehicles. Most licensing schemes in Australia test for operating competencies somewhere between these two levels. The competency of operators in Victoria could be improved by increasing the level of testing to raise operator standards to the level of ‘conscious competence’. 1.2 Applicants and vessel numbers 1.2.1 Changes in applicant profiles When marine licensing commenced in Victoria, the majority of people attending courses and VicRoads tests for licences were recreational vessel operators with many years of experience and knowledge. They had little trouble passing the required test. More recently, there has been a marked change in the mix of people wanting to gain a recreational boating licence. There is now a much higher percentage of inexperienced, less knowledgeable and less skilled people wanting to operate recreational vessels and PWCs. Additionally, with the growth in recreational pleasure boating, the number of family groups attending the courses has shown a marked increase. This change increases the likelihood of less skilled new masters operating recreational vessels on Victorian waters. Recreational vessels and user groups A recreational vessel is a vessel that is used, or intended to be used, for a recreation or sport, and not for hire or reward. Common types of recreational vessels are powered boats, PWC (otherwise referred to as jet skis or power skis), yachts, kayaks and canoes. Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 1.2.2 Number of registered vessels It is estimated that there are an additional 35,000 to 40,000 un-powered recreational vessels which are not required to be registered. These include un-powered yachts, kayaks, canoes, row boats, sail boats, sailboards and other types of wind powered vessels. These are not covered by any licensing scheme. There are approximately 170,000 registered recreational vessels in Victoria. On average, compounding year to year, the number of registered recreational vessels has grown around 2.5% per annum. The development of the Marine Safety Act 2010 included the production of a discussion paper on options for the Act including licensing options1. One option was whether there was support , and any reason, for, the introduction of licensing for nonpowered vessels. The results of this consultation did not support the expansion of licensing to include operators of these vessel types, and this matter will not be pursued by Government. The fastest growing category is PWCs. These now number approximately 14,000, compared with 4,665 in 2003. The vast majority of registered vessels are relatively small in size, being less than 4.8 metres in length. Most cabin cruisers (62%), trailer sailers (91%) and most half cabin cruisers (68%) are between 4.8 metres and 8 metres in length, while 51% of yachts are between 8 metres and 12 metres in length. By contrast, 73% of open vessels are less than 4.8 metres in length. Indeed, more than 50% of the registered fleet are open type vessels less than 4.8 metres in length. Note: number of registered vessels The number of registered vessels within Victoria varies both as an increase over time and cyclically over annual periods; therefore there is no definitive number of registered vessels. Unless specified elsewhere the value used in this paper is 170,000. The main types of recreational vessels, according to an analysis of registration data on 21 March 2011, are listed in the table below. Percentages of vessel types used throughout this paper (excepting the specific discussion on exposure) use the values in this table. The passenger carrying capacity of vessels less than 4.8 metres is (at maximum) five persons. For vessels less than 3 metres, the maximum number of persons safely accommodated is two. Vessels of 8 metres in length can be expected to accommodate approximately twelve persons, but this depends on the type of vessel and its attributes. Vessels over 8 metres in length can be expected to accommodate more than twelve persons, but again, this depends on the type of vessel and its attributes. 1 Improving Marine Safety in Victoria. Review of the Marine Act 1988. Department of Transport (Vic), July 2009 Table 1 – Victorian registration data as at 21 March 2011 Vessel type 0-4.8m 4.8-8m 8-12m Greater than 12m Total Percentage of Total Cabin Cruiser 223 3375 1657 487 5742 3% Canoe 49 5 0 0 54 0% Half Cabin 8238 18235 246 77 26796 16% Houseboat 6 40 61 551 658 0% Hovercraft 725 50 1 1 777 0% Open 86562 31514 214 159 118449 69% PWC 13874 128 2 5 14009 8% 120 2135 98 3 2356 1% 1 0 1 0% Trailer Sailer Windsurfer 0 Yacht 103 810 1340 342 2595 2% Total 109900 56292 3620 1625 171437 100% Chapter 1. Marine licensing in Victoria and the outcomes of current licensing arrangements 11 1.3 Human factors as main causal factors for incidents, accidents and death Causal factors for marine safety incidents can be grouped according to whether they are human, environmental or material. While there is some peripheral scope to address environmental or material factors with training as part of licensing, the main focus of a licensing regime is to reduce the numbers and severity of incidents caused by human factors, such as lack of knowledge or skills and inconsiderate behaviour. 1.4 Data 1.4.1 Victorian exposure, injury and death data The key data sets currently available in Victoria to assess the exposure to, frequency and causes of, marine incidents are as follows: ff Exposure to recreational boating data collected by the Monash University Accident Research Centre (MUARC). ff Marine Incident Database (MID) which records incidents reported by the Marine Incident Reporting System (MIR system) managed by Transport Safety Victoria. This includes all incidents reported by the Water Police and Search and Rescue organisations. Knowledge and skills can be addressed through education and training but behavioural problems, such as misuse of alcohol and drugs and deliberately taking risks that can endanger lives or cause injury, are less likely to be affected by respond to education or training and are better addressed by other measures. ff National Coroners Information System (NCIS) which records details of coroner reports of boating related fatalities. ff Hospital emergency department data recorded on the Victorian Emergency Minimum Dataset (VEMD). Examples of human factors include: ff Operator inattention or improper lookout, which can cause a collision with another vessel, object or person in the water. ff Overloading of a vessel which increases the chance of flooding or capsize leading to drowning or hypothermia. ff Improper anchoring which can result in capsizing the vessel leading to drowning. ff Rules infraction which is likely to result in endangering the vessel, safety of the passengers and other property. ff Not wearing a PFD which can result in drowning. ff Inability to prevent or manage fire on board thus putting the passengers and property at risk. ff Inconsiderate behaviour and deliberate risk taking which can cause injures, fatalities, and endanger property as well as bystanders. ff Hospital Admissions data recorded on the Victorian Admitted Episodes Dataset (VAED). ff Insurance company incident data. In recent years, the MUARC has produced an annual report for Marine Safety Victoria analysing these data sets. The most recent annual report covers the 2008/09 financial year2. MUARC has also written a 5 year report covering injuries and incidents for the years 2003/04 to 2007/083.These reports analyse all the above datasets and provide insight into the nature of incidents, their probable causes and the types of injuries caused over a longer period. The Department of Transport commissioned MUARC to update the hospital treated injury information contained in the 5 year report to encompass the most recently available data from 2009/9 and 2009/104. The following tables and discussions are drawn from the data contained within these reports. ff Alcohol or drug use which reduces the ability to operate the vessel in a safe and proper manner, endangering passengers and other vessels, and which increases the chance of taking risks. 12 2 Monash University Accident Research Centre Marine Safety in Victoria July 2008 to June 2009. Published by Marine Safety Victoria 2010 3 Ashby K and Cassell E (2009). Marine Safety in Victoria - 5 years report 2003/4 – 2007/8. Report to Marine Safety Victoria 4 Kerr, E, Ashby K and Cassell E (2011). Marine Safety in Victoria Hospital-Treated Recreational Boating Injury 2008/9 to 2009/10. Report to Department of Transport, Victoria Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 1.4.2 Victorian vessel and person exposure information MUARC recently drafted an unreleased report on the exposure of Victorian Boaters to risks associated with recreational boating5. The following information and tables summarise the type of craft used in recreational use and their frequency of use. The categories of vessels mentioned are similar to those used in the Victorian recreational vessel register. Note: number of registered vessels Note that the number of registered vessels used in the exposure report by MUARC is 151,519, which is smaller than the number used in this discussion paper of 170,000. For the analysis of data relating to the exposure report, 151,519 continue to be used. When used in conjunction with other data the proportionate values from the report is maintained with the 170,000 used in the calculations. 1.4.2.1 Estimated exposure for all registered recreational vessels in the year ended 30 September 2009 In the 12 months ended 30 September 2009, there were an estimated 151,519 registered powered recreational vessels in Victoria. The distribution of vessels covered by returned surveys (termed ‘surveyed vessels’) was very similar to their distribution on the VicRoads Vessel Register for all vessel types except PWCs, which were underrepresented, and trailer sailers, which were over-represented. Open boats made up the largest group of registered vessels (70.7%), followed by half cabin cruisers (16.0%), PWC (6.3%) and full cabin cruisers (3.6%). The remainder (3.4%) comprised trailer sailers (1.5%), yachts (1.5%) and hovercraft (0.4%). Registered powered recreational vessels in Victoria took an estimated 913,002 trips and an estimated 2.21 million person-trips in the 12 months ended 30 September 2009, an average of 6.0 trips and 14.6 person trips per vessel. In total, vessels spent 5.68 million hours and 14.26 million person-hours on the water over the 12 months, an average of 37.5 hours and 91.4 person-hours per registered vessel. (Person trips and person hours are defined in the glossary). 5 1.4.2.2 Exposure by vessel type Open boats, the most popular registered vessel, accounted for most of the trips (62.2%, n=568,128) and person-trips (61.8%, n=1.37m) taken by powered recreational vessels in the 12 months. However they contributed only around half of total vessel hours (50.4%, 2.86m) and person hours (48.9%, 6.98m) spent on water. This discrepancy is largely explained by the lower average number of persons on board and time spent on the water per trip by open boats compared with full cabin cruisers, which accounted for a disproportionately high amount of the total number of hours and person-hours spent on water by all vessels in the 12 months. Half-cabin cruisers, the second most popular registered vessels (16.0%), accounted for the second highest proportion of all trips (20.3%, n=185,371) and person-trips (18.5%, n=408,280) taken, and all hours (19.5%, 1.11m) and person-hours (17.4%,2.48m) spent on water. Their proportion of exposure on each measure was around expectations, based on their representation on the recreational vessel register. PWC comprised 6.3% of registered vessels and accounted for 5.0% of vessel trips (n=46,018), 3.7% of person-trips (n=82,844), 4.0% of on-water hours (n=225,910) and 3.0% of person on water hours (422,817). Full cabin cruisers comprised 3.6% of registered vessels, yet accounted for 5.9% of trips (n=53,684), 8.3% of person-trips (n=182,756) and, notably, 13.2% of all vessel on-water hours (n=747,051) and 17.9% of all vessel on-water person-hours (n=2.55m). Trailer sailers and yachts comprised only small proportions (1.5% each) of registered vessels and accounted for around 3% of trips and 3-4% of person-trips taken by all vessels over the 12 months. However, they accounted for 6.9% (n=390,629) and 6.0% (n=339,213) of all vessels’ on-water hours respectively and 7.3% (n=1.047m) and 5.4% (n=768,093) of all person on-water hours respectively. Powered Recreational Boating Exposure to Risk Survey October 2008 to September 2009. MUARC June 2010 Chapter 1. Marine licensing in Victoria and the outcomes of current licensing arrangements 13 Table 2 – Summary of vessel exposure by type of craft Number of registered vessels (%) Number of boat trips Number of vessel on watewr hours (%) Number of onwater person hours (%) (%) Number of person trips taken (%) Open Boat 107,121 (70.7) 568,128 (62.2) 1,366,617 (61.8) 2,857,890 (50.4) 6,978,713 (48.9) Half Cabin 24,271 (16.0) 185,371 (20.3) 408,280 (18.5) 1,105,499 (19.5) 2,477,201 (17.4) PWC 9,499 (6.3) 46,018 (5.0) 82,844 (3.7) 225,910 (4.0) 422,817 (3.0) Full Cabin Cruiser 5,450 (3.6) 53,684 (5.9) 182,756 (8.3) 747,051 (13.2) 2,548,123 (17.9) Trailer Sailor 2,309 (1.5) 27,295 (3.0) 72,052 (3.3) 390,629 (6.9) 1,046,549 (7.3) Yacht 2,297 (1.5) 30,304 (3.3) 92,994 (4.2) 339,213 (6.0) 768,093 (5.4) Hovercraft 572 (0.4) 2,203 (0.2) 4,549 (0.2) 8,612 (0.2) 17,367 (0.1) 151,519 913,002 2,210,092 5,674,805 14,258,862 Total 1.4.2.3 Exposure by geographical area The table below estimates where vessels operate in Victoria. This data records the points of departure of vessels and indicates that 55% of trips are on inland waters, 35% are on the enclosed waters such as Port Philip, Westernport and Corner Inlet and 10% of trips occur offshore into Bass Strait. Table 3 - Table of vessel exposure by area of operational use Area of recreational vessel use Percentage of trips Inland waters (rivers, lakes and up stream of ports) 55% Enclosed waters (bays and estuaries) 35% Offshore (Bass Strait) 10% 100% 1.4.2.4 Exposure by activity ff Fishing was the most popular boating activity in Victoria to the year ended 30 September 2009, accounting for most of the trips (69.6%, n=635,452), person trips (60.9%, n=1.35m), vessel hours (66.1%, n=3.75m) and person hours (57.4%, n=8.19m) spent on water in the 12 months. 14 ff Pleasure cruising was the second most popular activity in the 12 months, accounting for 16.2% (n=147,789) of all trips and 16.8% (n=370,917) of person trips taken, and 21.6% (n=1.23m) of all hours and 21.4% (n=3.05m) of all person hours spent on water in the 12 months. ff Towed water sports ranked third in terms of popularity accounting for 8.9% of vessel trips (n=81,650), yet 15.7% (n=347,080) of person trips, and 6.5% of on water hours (n=368,651) and 11.6% of person on water hours (n=1.65m). 1.4.2.5 Note re NMSC Exposure data The National Marine Safety Committee (NMSC) released its own exposure data report in August 2010 after conducting a similar study involving 2000 recreational boaters Australia-wide completing trip diaries for boating activities conducted between 1 October 2008 and 30 March 2010. The study found that boaters most commonly used their craft for between 3 and 5 hours (43% of trips) followed by 0-2 hours (16% of trips). If we assume an average national trip length of 4 hours this is significantly less than the average from the Victorian report of 5.9 hours. The NMSC report also stated that the greatest users of recreational boats were from NSW, followed by Victoria, with Queensland third. Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 1.4.3 Incident types Injuries and fatalities can result from vessel incidents. Vessel incidents are required to be reported to the Victorian Police. Incident statistics are collected by Transport Safety Victoria and recorded on the Marine Incident Record (MIR) Database. Incident reports are compiled whenever an incident occurs to which there has been a response by the Victorian Police (generally the Water Police) or a search and rescue organisation or when an incident is reported by a vessel operator, waterway or port manager or other source. The following table illustrates the types of serious incidents which are recorded. The data is for the years 2007/8 and 2008/9. Groundings, capsizings and collisions are the major types of serious incidents experienced. Table 4 - Serious incidents recorded 2007/8 - 2008/9 Serious Incident Type 2007/8 2008/9 N % N % 60 36 58 35 Capsizing 29 18 43 26 Collision with 22 13 23 14 (14) (8) (10) 6 −− submerged object (4) (2) (2) 1 −− fixed object (3) (2) (5) 3 −− floating object (1) (1) (6) (4) Grounding −− another vessel Swamping/sinking 14 8 10 6 Flooding 10 6 10 6 Person overboard 7 4 7 4 Loss or presumed loss of vessel 5 3 4 2 Fire 13 8 4 2 Close quarters – – 2 1 Explosion 2 1 2 1 Structural failure 1 1 1 1 Loss of stability – – 1 1 Onboard incident 2 1 – – 165 100 165 99 TOTAL Chapter 1. Marine licensing in Victoria and the outcomes of current licensing arrangements 15 1.4.4 Incident causes The following table is a summary of tables 12 and 13 of the MUARC 5 year report and tables 8 and 14 of the MUARC 2008/9 report. It splits contributing or causal factors into three broad groups: human factors, environmental factors and material factors. Table 5 - Contributory factors to incidents - all incidents recorded on MIR system during the six years from 2003/4 to 2008/9 Incident Severity Serious Incidents (1338 factors for 841 incidents) Factor Type Response Only Incidents (5608 factors for 4563 incidents) N % N % 816 61% 1873 33% Lack of maintenance 29 2% 894 16% Lack of fuel 9 1% 344 6% 317 24% 198 4% Inexperience 162 12% 223 4% Navigational error 100 7% 57 1% Insecure Mooring 29 2% 24 0% Failure to keep proper lookout 53 4% 14 0% Fatigue 14 1% 13 0% Alcohol and drugs 19 1% 6 0% Excessive Speed 28 2% 3 0% Overloading 4 0% 2 0% Other human Factors 52 4% 95 2% Environmental 296 22% 270 5% Material 226 17% 3464 62% Human Error in judgement From the data, it can be seen that, of the serious recreational vessel incidents where contributing factors were recorded, human factors made the greatest contribution at 61%. Most common were errors of judgement (24%), inexperience (12%), navigational errors (7%) and failure to keep a proper lookout (4%). A similar analysis for non-serious or response-only incidents (also referred to as disablements) shows us that material factors replace human factors, making up 62% of contributing factors. Human factors contributed 33% of factors, with lack of maintenance (16%) and lack of fuel (6%) being seen as human factor reasons why disablements occur. Unfortunately the dataset does not record in any further detail exactly what each of these human factors represent. It is therefore not possible to ‘drill down’ further into these factors to gain greater insight into the incidents. 16 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 1.4.5 Fatalities 1.4.5.1 Fatalities trends The Marine Act Review in 2009 found that the marine sector in Victoria generally operates safely. Importantly, there has been a reduction in the number of marine related deaths over the previous decade. For recreational boating, over the past 10 years there has been an average of 6.9 deaths a year in Victoria. In the last 5 years, despite continued growth in vessel registrations and licensed operators, this number has dropped to 4.8 deaths a year on average. Graph 3 - Recreational boating fatalities in Victoria for 1989-90 to 2009-10 18 16 14 12 10 8 9 4 2 Fatalities 2009/10 2008/09 2007/08 2006/07 2005/06 2004/05 2003/04 2002/03 2001/02 2000/01 1999/00 1998/99 1997/98 1996/97 1995/96 1994/95 1993/94 1992/93 1991/92 1990/91 1989/90 0 Linear (fatalities) y = 0.413x + 13.352 R2 = 0.4331 Graph 4 - Change in 5 year averages for recreational boating fatalities in Victoria 12 Average fatalities per year 10 8 6 4 2 0 1990/95 1996/00 2001/05 2006/10 Chapter 1. Marine licensing in Victoria and the outcomes of current licensing arrangements 17 However, there has been an upward trend in the numbers of incidents and injuries in the recreational sector. In particular, hospital-treated injuries associated with recreational boating have doubled over the period from 2003-04 to 2009-10. 1.4.5.2 A detailed analysis of the causal factors of recreational boating fatalities based on Victorian Coroner’s reports into boating-related fatalities from 1 July 2003 to 30 June 2008 was carried out. The following factors were identified as having contributed to fatalities: Causal factors The Review found that a key factor in worsening injury rates is increased waterway congestion due to sustained growth in shipping, commercial traffic and recreational boating activities, further exacerbated by shrinkage of inland waters due to drought. Low water levels expose navigation hazards that were previously hidden. This is reflected in the increasing incidence of collisions between vessels and objects as well as rising numbers of ‘near misses’. Table 6 - Incident causal factors derived from Victorian Coroner’s reports 18 Causal Factor identified by Coroner’s reports in at least one coronial finding Discussion Possible causal factor type Failure to insert a bung prior to commencing trip which lead to swamping and capsizing; Could result from operator distraction, inattention or lack of knowledge of vessel. Inexperience, Inattention Going out in bad weather/dangerous sea conditions; Could result from operator not understanding weather forecast implications, not understanding limits of weather and sea conditions on the vessels and whether the vessel was ‘fit for purpose’ for the conditions. Inexperience, Error of Judgement Vessel not fit for purpose leading to swamping by waves; Could have resulted from misunderstanding of vessel’s fitness for the conditions or not understanding the buoyancy characteristics of the vessel and believing the vessels would float when swamped. Inexperience, Error of Judgement Engine failure leading to vessel ending up broadside to waves; Could be due to lack of maintenance of engines and/or ancillary systems such as fuel or electrical systems. Could be due to operator not knowing the danger of being broadside to waves and not understanding how to manage this event safely. Lack of Maintenance, Error of Judgement Overloading vessel and incorrectly seating people on vessel; Could be due to lack of understanding of stability, trim and the relatively large effect that the mass and movement of a single person can have on these issues in a small vessel. Error of Judgement, Overloading Insufficient local knowledge; Inexperience Insufficient skills to cross a bar; Inexperience Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Causal Factor identified by Coroner’s reports in at least one coronial finding Discussion Possible causal factor type Leaving vessel and attempting to swim to shore; Could be due to a lack of understanding that staying with a vessel is generally safer than leaving it as it is easier to spot by searchers and provides one with a raft of last resort (Club Med) Error of Judgement, Inexperience Failure to wear PFD, wearing inappropriate PFD, wearing improperly fitted PFD; Could be due to a lack understanding of the life saving properties of a correctly fitted PFD and the length of time some PFD types require to be correctly donned. Error of Judgement Deciding to carry out/ continue a voyage in a leaking vessel; Could be due to a lack of understanding that water in boat leads to lowered freeboard, reduced stability and increased susceptibility to swamping, Error of Judgement, Inexperience Vessel had starting problems prior to departure, Could be due to a lack of understanding that this indicates a problem which needs to be resolved prior to taking a voyage in a vessel. Error of Judgement, Inexperience Operating at night at speed, too close to bank Could be due to overconfidence, not understanding different risk profile when operating at night Error of Judgement, Inexperience, Complacency Poor visibility from helm Error of Judgement, Inexperience, Inattention Vessel unsuitable for conditions Error of Judgement, Inexperience, Inattention, Lack of knowledge Improperly fitted lifejacket, Error of Judgement, Lack of emergency planning Inexperience, Inattention, Lack of knowledge 1.4.5.3 Vessel disablements A key indicator of the increasing risk of further fatalities is vessel disablements, which increased from 586 in 2003–04 to approximately 1000 in 2009–10. The most common causes were machinery, electrical equipment and related human failures, such as inadequate maintenance, lack of fuel and errors of judgment. It is the combination of vessel disablements, changing weather conditions, off shore operations and inadequate safety equipment (radio, PFDs etc) that has proved fatal in the past. It is clear that Victoria needs to remain focused on trying to address the causes of vessel disablements, as well as developing means to mitigate the consequences of those disablements (e.g. through safety equipment and improved search and rescue capabilities). 1.4.5.4 Coroner’s recommendation Following each inquest, the Coroner makes recommendations for marine safety improvements. Within the above time period, there has only been one case where the Coroner has explicitly recommended that the boating licensing scheme be improved. This case involved a drowning in August 2003, where the deceased operator had obtained a recreational boat licence 3 days before the incident. He then bought a 4.4m half cabin vessel and went fishing with another person while anchored 100m off the end of a breakwater. Bad weather and a failure to put in bungs caused the boat to take on water and sink. As a result, the Coroner, in addition to the then existing written licensing examination, recommended that all applicants for a recreational boat licence be required to undertake a practical examination and exhibit reasonable proficiency in the operation of a boat before being issued with a licence. Chapter 1. Marine licensing in Victoria and the outcomes of current licensing arrangements 19 1.4.5.5 Personal flotation devices 1.4.6 The majority of fatal incidents involve a person drowning and the vast majority of coronial recommendations relate to mandating the wear of personal flotation devices (PFDs), generally or a specific type of PFD i.e. PFD Type 1. Partially as a result of these recommendations, PFD wearing has been mandatory in Victoria since 2005 for persons onboard vessels smaller or equal to 4.8 meters in length. In addition, persons on vessels greater than 4.8 metres at times of heightened risk are required to wear a PFD. Times of heightened risk include operating at night, alone, crossing a bar, during a storm or during a severe weather warning. Injuries In addition to fatality data derived from coronial investigations, MUARC draws on hospital admissions and emergency department presentations to provide information on injuries. In relation to general boating injuries, emergency department case notes indicated that the major cause of injuries was a lack of appropriate skills when in control of a recreational vessel. Licensing is used to reinforce the wearing of PFDs by testing an applicant’s knowledge of the rules for the carriage, use and stowage of PFDs. Table 7 - Hospital-treated recreational boating-related injury by age and selected watercraft activities over 7 years 2003/4 – 2009/10 Activity Towed sport (n=2,716) Motor boating/ boating unspecified (n=1,777) PWC riding (n=647) Fishing from a boat (n=140) N % N % N % N % 0-14 279 10.3 188 10.6 29 4.5 4 2.9 15-29 1,419 52.2 409 23.0 309 47.8 26 18.6 30-44 761 28.0 492 27.7 206 31.8 39 27.9 45-59 247 9.1 443 24.9 89 13.8 31 22.1 60+ 10 0.4 245 13.8 14 2.2 40 28.6 Total 2716 Age of injured person 20 1777 647 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 140 Figure 5 - Hospital treated boating injuries by age and activity Distribution of hospital treated boating injuries by age and activity 1600 1400 Number of incidents 1200 1000 800 600 400 200 0 0-14 15-29 30-44 45-59 60+ Age range 1.4.6.1 0-14 15-29 30-44 45-59 60+ Towed sport 279 1,419 761 247 10 Motor boating/boating unspecified 188 409 492 443 245 PWC riding 29 309 206 89 14 Fishing from a boat 4 26 39 31 40 Implications of injury data for licensing Licensing is aimed at new entrants to the boating community, regardless of age. The injury data indicates that there may be merit in better tailoring licensing to the specific issues within different age groups, such as the introduction of specific measures for towed sports. It may also indicate a need to introduce skills based training and assessment for licensing as well as maintaining the existing knowledge based test. The table and graph highlight the fact that injuries resulting from some activities are age specific. It is apparent that adults between 15 and 44 engaged in towed sports form a significant proportion of all injuries recorded – greater than 41%. One weakness of the data is that it does not differentiate between injuries to the person towing or the person being towed. This means that the best intervention may not be related to licensing but rather one which is aimed at the skier or wake-boarder. Injuries sustained in general motor boating make up 34% of recorded injuries. General licensing targets basic boating skills and licence improvement may be warranted to reduce motor boating injuries. 1.4.6.2 PWC riders PWC riding results in 12% of injuries. This is lower than for general motor boating and towed water sports. PWC registrations make up 6.3% of the total vessels registered but, as previously discussed, PWC activities represent 5.0% of vessel trips, 3.7% of person trips, 4.0% of on-water hours and 3.0% of persons on water hours. The number of injuries is therefore disproportionate when compared to the time that PWC operators use their vessels on water. The young adult incident rate reflects not only a lack of skills but also reflects behavioural attitudes. This age group is over-represented in incident statistics on the road and shows patterns of risk taking behaviour not evident in other age groups. As previously indicated, licensing will have little impact on incidents caused by poor behavioural or cultural attitudes. This is supported by feedback from the water police who attest to ongoing problems with some sectors of the boating community, particularly PWC riders. As discussed above, PWC riders include many young adults and this group is also likely to have the highest participation rate in towed sport activities. Alternatives to licensing are used to address this sector, including targeted education campaigns and compliance measures, such as ‘hoon boating’ laws. Chapter 1. Marine licensing in Victoria and the outcomes of current licensing arrangements 21 1.4.6.3 Fishing 1.4.6.4 Fishing is a high volume activity with the exposure report determining that 69.6% of trips are fishing trips. Injuries from fishing make up less than 3% of all injuries. This means that licensing reform would be expected to make little difference to reducing injuries within the fishing community. Age Injury trends are similar across the motor boating, PWC and fishing sectors, with a decline in injuries as age increases. This probably reflects fewer people engaging in boating as they get older but may also reflect that older people have greater boating experience, more highly developed skills and a lower propensity to take risks. However, motor boating remains a higher risk activity for older stakeholders. These operators generally will have had a licence since their introduction in 2002 and improved licensing requirements could be expected to have little or no impact. This may indicate a need to improve educational programs directed at people in this age group. Table 8 - Hospital-treated recreational boating-related injury by gender and selected watercraft activities over 7 years 2003/4 – 2009/10 Characteristic Towed sport (n=2,716) N Motor boating/ boating unspecified (n=1,777) % N % PWC riding (n=647) Fishing from a boat (n=140) N % N % Gender 2,064 76.0 1,271 71.5 513 79.3 121 86.4 Female 647 23.8 504 28.4 134 20.7 19 13.6 Missing 5 0.2 2 0.1 — — — — Male 1.4.6.5 Male and female injuries As may be expected, the majority of injuries are sustained by males (76% overall). Admission rates were higher for males than females in all age groups over the 7 years. The highest rates for boating – related injury admissions were observed in males aged 25-29 years, 20-24 years and 35-39 years (11.8, 11.5 and 11.3 admissions per 100,000 male populations, respectively). Males are at a higher absolute risk of serious injury in boating-related recreational activities than females. This may be due to gender differences, but is more likely to be due to males boating more often than females, as available participation data indicates that male exposure to boating activities is much higher than females. Table 9 - Hospital-treated recreational boating-related injury by injury type and selected watercraft activities over 7 years 2003/4 – 2009/10 Characteristic Towed sport (n=2,716) Motor boating/ boating unspecified (n=1,777) PWC riding (n=647) Fishing from a boat (n=140) N % N % N % N % 1,114 41.0 482 27.1 135 20.9 11 7.9 Hit/struck/crush 711 26.2 499 28.1 127 19.6 28 20.0 Transport/craft accident 85 3.1 143 8.0 156 24.1 15 10.7 Injury Type Fall 22 Cutting/piercing 47 1.7 148 8.3 9 1.4 25 17.9 Near drowning 33 1.2 49 2.8 22 3.4 4 2.9 Fire/burn/ explosion 8 0.3 53 3.0 2 0.3 — — Other specified 551 20.3 331 18.6 148 22.9 47 33.6 Unspecified 167 6.1 72 4.1 48 7.4 10 7.1 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Figure 6 - Hospital treated boating injuries by cause and injury Distribution of injury types activity 1200 Number of injuries 1000 800 600 400 200 0 Fall Hit/struck/crush Transport/craft accident Cutting/piercing Near drowning Type of injury Fall Transport/ craft accident Cutting/ piercing Near drowning+ 1,114 711 85 47 33 Motor boating/boating unspecified 482 499 143 148 49 PWC riding 135 127 156 9 22 Fishing from a boat 11 28 15 25 4 Towed sport 1.4.6.6 Hit/struck/ crush Towed water sports and motor boating Towed water sports (51%) and motor boating (34%) are the major causes of injuries. Of the towed water sports injuries, half (724) resulted from falls. It is probable that the majority of these falls involved the person being towed falling from their equipment resulting in high impact injuries. It is also likely that the majority of hit/struck/crush injuries were also sustained by the towed person. As many of these injuries would have been sustained due to decisions made by the towed person rather than resulting from decisions made by the vessel operator, it is difficult to correlate the injuries to decisions made by the operator. Unless further data becomes available that provides more detail on who has suffered the injuries and the circumstances of each incident, it is difficult to make a case that changing the licensing requirements would reduce towed water sport injuries. It may be better dealt with by education programs. 1.4.6.7 Types of injuries Falls and hit/struck/crush injuries from motor boating probably reflect ‘on vessel’ incidents. While the incidence is high (22% of the total), it is likely that many of these are relatively minor, even though they result in hospital treatment. It is noted that in 26% of cases, injuries are either ‘other specified’ or ‘unspecified’. This makes it difficult to understand their impact. It is difficult to draw any conclusions as to their cause, but it is likely that at least some percentage of them would relate to a lack of operator skill. The number of hit/struck/crush injuries represents between 18% and 28% of injuries in all categories. This may be indicative of injuries sustained by limbs being crushed between vessels and other vessels or objects. Strikes and hits could be from vessels or equipment. These injuries could be to any persons on the vessel, not particularly the vessel operator. This suggests that a lack of general boating safety awareness is an important factor. As such, licensing may not necessarily reduce these injuries. Chapter 1. Marine licensing in Victoria and the outcomes of current licensing arrangements 23 Table 10 - Hospital-treated recreational boating-related injury by nature of injury and selected watercraft activities over 7 years 2003/4 – 2009/10 Characteristic Towed sport (n=2,716) Motor boating/ boating unspecified (n=1,777) PWC riding (n=647) Fishing from a boat (n=140) N % N % N % N % Fracture 504 18.6 333 18.7 185 28.6 33 23.6 Dislocation/ sprain/ strain 763 28.1 329 18.5 99 15.3 12 8.6 Open wound 439 16.2 443 24.9 104 16.1 27 19.3 Nature of injury Intracranial 77 2.8 29 1.6 22 3.4 3 2.1 Injury to muscle/ tendon 357 13.1 116 6.5 37 5.7 5 3.6 Superficial injury 176 6.5 164 9.2 55 8.5 8 5.7 Other 316 11.6 309 17.4 123 19.0 47 33.6 Unspecified 84 3.1 54 3.0 22 3.4 5 3.6 Characteristic Towed sport (n=2,716) Motor boating/ boating unspecified (n=1,777) PWC riding (n=647) % Fishing from a boat (n=140) N % N % N N % Lower extremity 901 33.2 590 33.2 204 31.5 29 20.7 Upper extremity 612 22.5 501 28.2 102 15.8 40 28.6 Head/face/neck 741 27.3 265 14.9 154 23.8 19 13.6 Trunk 311 11.5 220 12.4 147 22.7 25 17.9 Multiple body sites 37 1.4 41 2.3 15 2.3 — — Other/ unspecified 114 4.2 160 9.0 25 3.9 27 19.3 Body Region Types of injuries range from the serious, such as fractures and intracranial injuries, through to soft tissue injuries ,cuts and other injuries of a superficial nature. 24 Injuries are sustained to all parts of the body. Notably, 75% of head injuries are associated directly with the high speed activities of PWC operation and towed water sports. Leg injuries are represented across all activities and make up just under one third of all injuries. Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Table 11 – R ecreational (powered) boating related injury admissions by length of hospital stay and watercraft activity in Victoria over 7 year period 2003/4-2009/10 Watercraft/ Activity Length of stay (days) <2 days 2-7 days 8-30 days 31+ days Total N % N % N % N % N % 456 49 191 40 49 38 5 29 701 45 Motor boating 181 19 116 24 23 18 3 18 323 21 PWC riding 156 17 93 19 36 28 7 41 292 19 Other specified / fishing from boat 137 15 81 17 20 16 2 12 240 15 Total 930 Water skiing/ wakeboarding/ inflatable 481 128 17 1556 Percentages rounded off to nearest .5 or whole number. The MUARC report states that “Length of stay in hospital can be used as a proxy measure of injury severity”. The report indicates that 60% of admitted cases had a length of hospital stay of less than 2 days, 31% stayed 2-7 days, 8% stayed 8-30 days and 1% stayed more than 30 days. A higher proportion of PWC riders and fisher people experienced a length of stay of 8 days or more. However, 61% of patients that stayed in hospital for 8 days or more were towed water sports participants and PWC riders. This may be due to severe impact injuries caused by the relatively high speeds of vessel operation. 1.4.6.8 Which human factors may not be appropriately managed by licensing? As discussed above, licensing is most effective in being able to influence safety outcomes where the injury or death has occurred as a result of human factors. However, it is recognised that licensing is unlikely to address all human factor issues. For example, inexperience can only be addressed by more time spent operating vessels in varying conditions. This could be partially overcome by a licence scheme which required experience to be logged as a prerequisite to obtaining a licence. However, in order to ensure operator competency, a large amount of logged experience would be required. This model would be difficult to implement as the requirement for logged experience in order to achieve competency would be substantial. An example of a scheme which uses logged experience as a determination of competency is the commercial vessel operator licensing scheme within the National Standard for Commercial Vessels. The lowest level commercial vessel certificate of competency (coxswain) requires one year of ‘seatime’ to be logged. While there is no suggestion that the same amount of logged experience would be required for recreational vessel operators, it is difficult to determine how much experience a novice operator would require. However, logged experience combined with an assessment of practical skills may help address the issue of inexperience. Similarly, navigation errors may result from noncompliance with the rules of the sea and this may be partially addressed by a licensing scheme by testing knowledge of these rules. Navigation errors are also caused by the operator being unable to confirm their position using navigational charts or aids. In the latter case, a specialised navigation course may achieve competent navigators, but a basic licensing scheme will not. It should be noted that many incidents – particularly those resulting in fatalities – are caused by a number of contributing factors and it is not always easy to isolate them or establish the major contributory cause. Chapter 1. Marine licensing in Victoria and the outcomes of current licensing arrangements 25 1.4.7 Insurance company data Boats and other vessels are expensive assets that, when used, have the potential to cause significant public liabilities. Accordingly, owners and operators of these vessels have incentive to consider the benefits of insurance, and a large proportion decide to manage this risk through the purchase of an insurance or public liability policy or policies. Data made available to DOT indicates that approximately 55-60% of the powered recreational vessel fleet in Victoria is not insured. Surprisingly, the propensity to take out a policy is not biased toward the more valuable end of the market. It would seem that there are quite a large number of very valuable boats that are not insured. The main value of insurance data is that it provides some insight into the level of property damage sustained as a result of incidents and this is information is not available through any other source. The data also provides a more complete picture of the number of incidents that are occurring. However, confidentiality requirements have meant that DOT’s access to more detailed information on causal factors of incidents has been limited. DOT has extrapolated the following information from insurance data: ff There are 300 stolen boats per year across Victoria that are not recovered. ff The value of stolen boats lost and not recovered per year in Victoria = $7m. ff The number of collisions between vessels per year = approximately 700. ff The number of collisions with submerged objects per year = approximately 1000. ff The number of collisions with berths, wharves and jetties per year = approximately 350. ff There are approximately 50 fires and explosions per year resulting in property damage of approximately $9000 on average. ff There are 50-55 vessel capsizes per year. ff There are 90 significant injuries to persons per year (i.e. injury severe enough to result in a public liability insurance claim). The data is based on actual insurance claims made after an event. This offers a different perspective on incidents than that shown by the Marine Incident Database (MID) which records incident information collected as a result of responses to marine incidents by emergency or rescue services. A comparison of the respective data illustrates this. ff Value of Victorian recreational vessel fleet = $7 billion. ff Average value of recreational vessel = $42,000. Incident type Reported to MID Reported to insurance companies 2007/8 2008/9 Collision between vessels 14 10 700 Collisions with submerged objects 4 2 1000 Collisions with berths, wharves and jetties 3 5 350 Fires and explosions 15 6 50 Vessel capsizes 29 43 50-55 As can be seen, the insurance data captures numbers of incidents many times greater than those recorded on the MID. This is probably reflective of the relative importance owners place on recovering incident costs relative to reporting to the Authority. 26 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 1.4.8 Conclusions from the data From the above discussion, we can make the following observations; ff General licensing may contribute to an overall reduction in the incidence of fatalities and injuries which currently occur as a result of general motor boating activity, including fishing from a boat. These are considered boating activities of ‘average risk’ as they do not involve any specifically identified high risk components. ff General licensing is unlikely to be a suitable mechanism to achieve improved safety outcomes for all vessel activities. However, particular endorsements could prove useful as a mechanism that can be specifically targeted to situations of higher risk of injury or death. ff General licensing may be useful to improve safety outcomes in respect of towed water sports may if it can be shown that the human factors causing incidents are under the control of the master of the vessel. ff Opportunity exists to impose specific licensing requirements on PWC masters. It is likely that the level of PWC injuries will be reduced by specific intervention. The current licensing scheme requires a PWC endorsement but further investigation is warranted to determine if the endorsement requirements can be strengthened in a way that leads to an improvement in PWC competency and therefore safety outcomes for this activity. 1.4.9 Risk-based assessment of hazards The incident analysis with accompanying injury and fatality data has enabled us to build a picture of the outcomes achieved by the current range of regulatory interventions. These interventions include registration, licensing, safety equipment and boating rules and requirements. However, this analysis has weaknesses. It is an historical analysis and does not take into account the current and potential hazards of the present boating environment. In essence, using the incident analysis alone may mean that future safety initiatives are driven by the past, not by the future. To enable a more detailed examination a risk-based approach has been undertaken to uncover human factors relating to licensing from a ‘green-fields’ perspective. This can act as verification of the human factors uncovered by the past data, as well as potentially uncovering additional factors which may need to be addressed in a general licensing scheme. 1.4.9.1 Method of risk-based assessment It is possible to take action to avoid a known hazard or to mitigate the extent of injury or fatalities which may result from such a hazard. The effectiveness of these actions can be assessed through a simplified ‘bow tie’ assessment model. The bow ties were initially developed within DOT and then expanded and verified through discussion at an industry workshop . The types of actions which can be shown to be effectiveness in improving safety outcomes were categorised as either ‘defences’ or ‘mitigations’ which were: ff approaches to the type of factor the action represents (human, material, environmental etc); and ff the preferred approach to their management i.e. –– is the defence one which uses equipment to manage it? –– is it an engineering control? –– is it something which general licensing can be used to control? ‘Bow ties’ were developed for events such as a collision, a fire or explosion, a capsize and a disablement. The resulting bow ties are in Appendix 4. Following from the bow tie analysis, those actions where licensing was seen as a useful mechanism to improve safety outcomes were grouped and collated based on the National Competencies. Each identified element of the action was then assessed to determine how best it could be addressed: either by better information, by being included as part of the basic marine license process or by requiring an additional endorsement to an existing licence. Each element was also examined from the perspective of whether it could be assessed, and if so, how, eg: ff not assessed (provision of information only; ff requiring a knowledge test; ff requiring practical training; or ff by a practical-based test. Appendix 4 contains the complete table of actions and their constituent elements as developed by DOT and refined during the workshop. The information obtained by the bow-tie models enabled us to examine whether there are any hazards additional to those produced by the data and which should be considered. The results of the data in section 1 indicates the outcomes from the current licensing scheme. Chapter 1. Marine licensing in Victoria and the outcomes of current licensing arrangements 27 Combining this information helps to build a picture of a licence and endorsement scheme which can reasonably be expected to improve safety outcomes. 1.5 Means to deliver licensing 1.5.1 What should a licence test? The fundamental question in determining the elements of a general licensing scheme is – what should licensing test? 1.5.2 National Competencies A document defining the minimum core competencies for the operation of mechanically powered vessels was developed by the National Marine Safety Committee (NMSC). The National Competencies were developed from the nationally agreed Principles for common standards for recreational boat licensing. Principle 5 requires that candidates for a boat operator licence should be able to ‘demonstrate’ a wide range of knowledge and boat-handling requirements. Having regard to those principles, the National Competencies comprise three individual competency units: To become a competent operator of a recreational powered vessel, an inexperienced person will follow a similar learning pathway which involve moving through three distinct stages of development. These are the acquisition of the required knowledge, development of skill in applying that knowledge, and finally the demonstration of competence against the required standards. The table below shows the type of testing applicable to each of the three stages of development. Table 12 - Stages to obtain competence with means to achieve competency Stage 1 Knowledge (acquisition) Theory Training Self-paced Learning Stage 2 Skill (development) Practical Training Logbook Stage 3 Assessment (demonstration) Knowledge Test Practical on-water assessment ff Unit 1 - Trip preparation and planning 1.5.3.2 ff Unit 2 - Safe Operation Information Materials ff Unit 3 - Responding to emergencies and incidents Currently, Transport Safety Victoria (TSV) issues the Recreational Vessel Safety Handbook. This contains the information which a person is tested on when applying for a Recreational Boating Operator licence. However, it is recognised that the Handbook is limited in its capacity to influence safety outcomes in all areas of boating activity. This is because, while it contains information on legislation and the on-water equivalent to the ‘rules of the road’, it contains little in terms of practical boating information. It was expected that, over time, the regulators of recreational boat operators in each state would introduce these common minimum competencies into their recreational boat licensing schemes. Since 2000 all states, including Victoria, have adopted licensing schemes which are aligned to the units contained in the National Competencies. These competencies should be retained as the basis of any revised or improved general licensing scheme. 1.5.3 Training and Assessment Methods 1.5.3.1 Training and assessment methods used in licensing models throughout Australia Information A valuable output of the risk assessment referred to in Appendix 4 was a list of information which boaters consider necessary for the safe operation of recreational vessels. The majority of this information is not contained in the current material and there is a clear need to develop a more comprehensive and up-to-date handbook. All jurisdictions that issue licences as a pre-requisite for operating a recreational boat require applicants to complete a test before a licence can be issued. 28 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 1.5.3.3 Knowledge 1.5.3.5 Assessment Theory Training Knowledge or theory testing Theory training is the delivery of information to students within the limitations of a classroom environment. A theory training session could incorporate the presentation of information, discussion, scenarios, diagrams and displays. Knowledge testing involves a written test paper that aims to assess the applicant’s knowledge of, typically, collision rules, boat preparation, emergency situations and compliance with applicable regulations. All recreational boat operators should have a sound understanding of the rules, regulations and safe boating procedures. Accordingly, there is an element of knowledge based testing in all options under consideration. Self-paced Learning A self-paced learning method for basic marine licensing in Victoria could require the development of a learning resource or workbook similar to that available in Queensland and Western Australia. The new handbook could be developed by TSV and supplied to all new applicants, in hard copy and on-line. This would be more comprehensive than the Victorian Recreational Boating Handbook and contain activities and questions for the learner to complete as they work through the modules. 1.5.3.4 Skill/Experience Practical Training Practical training normally incorporates theory training with an on-water practical training component. This could be a mandated training course delivered via a common curriculum. Typically, a practical training course would last between half a day and a day and be carried out by a registered training organisation. Logbook A logbook method would require a person to log a prescribed number of voyages, with each trip supervised by an adult who holds an unrestricted licence. A logbook would be an alternative to a mandated practical training model, designed to provide a person with a minimum level of experience. Logbooks could also mandate certain tasks which would need to be carried out and signed off on completion. Practical on-water assessment The applicant must demonstrate the ability to complete an established set of tasks to the standard required by TSV. A practical assessment would be modelled on the national competencies. On-water assessment may be conducted as part of an approved practical training course or as a stand alone competency assessment. See Appendix 5 for a summary of the training and assessment methods used in licensing schemes across Australian Jurisdictions. 1.5.3.6 Key features of recreational boat operator licensing schemes within Australia Appendix 2 contains full discussion and analysis of the licensing schemes currently in place within each Australian jurisdiction. Australian jurisdictions that require a licence to operate a recreational vessel all have a theory-based test as part of their assessment models. Queensland, New South Wales, Western Australia and Tasmania have all adopted models which address knowledge and skills and/or experience. They have adopted different methods of delivery, ranging from logbook models to competency-based assessments. South Australia and Victoria have adopted models which rely mainly on knowledge based tests to achieve competency. The Northern Territory and the ACT do not have registration or licensing schemes for recreational boating. Chapter 1. Marine licensing in Victoria and the outcomes of current licensing arrangements 29 The table below sets out the licence requirements for vessels by type in each jurisdiction Table 13 - Triggers for determining which vessels require a licence to operate Victoria If the vessel is powered regardless of engine size/capacity South Australia If the vessel is powered regardless of engine size/capacity Tasmania If powered more than 4hp Queensland If powered more than 4.5kw Western Australia If powered more than 4.5kw New South Wales If operating at speed of 10 knots or more Australian Capital Territory None Northern Territory None The following table summarises the various schemes operating within Australia. Table 14 - Testing and other options required to assure competency in order to acquire a licence Jurisdiction Knowledge Requirement Practical Requirement Victoria Answer correctly a minimum of 26 out of 30 questions to pass. None South Australia 50 questions and must answer all of the 8 compulsory questions correctly and at least 32 of the remaining. Special permit for 12 to 15 year olds must do a practical on-water assessment. New South Wales 40 questions of which the first 15 must all be answered correctly. Complete a practical boat course, or Complete a Boating Licence Practical Logbook in the company of an experienced skipper. Tasmania 8 compulsory questions that MUST be answered correctly and get at least 75% of the remaining questions correct to pass. Complete a Boat Safe practical tuition course, or 20 hours experience logged in a registered power boat. Queensland Must complete Boat Safe Course Must complete Boat Safe Course including on-water assessment Western Australia 30 questions and must answer at least 25 correctly to pass. Must get 100% in set practical assessment It is noteworthy that Victoria is the only Australia jurisdiction to have a recreational boat licensing scheme with no requirement for practical skills training or assessment and/or on-water supervised boat operating experience. SA has similar arrangements for unrestricted licenses but does require a practical assessment of younger boat operators. The purpose of each Australian State’s licensing scheme is to ensure operators meet the competencies outlined in the Guidelines for Recreational Boat Operator Competencies. However, how a scheme addresses those competencies and ensures that they are met is currently left for each jurisdiction to determine contains 11 elements and the applicant is allowed two attempts at each element. Competency in all elements is required for a pass. Based on the outcomes of the assessment, it appears that the Victorian scheme does not deliver an outcome consistent with the Western Australian model, as only 1 Victorian out of 49 tested was able to successfully complete the competency assessment. All jurisdictions incorporate mutual recognition of interstate licences and other commercial qualifications in their licensing schemes and some have recognition of prior knowledge arrangements in place. Most jurisdictions also have medical information disclosure requirements and eyesight testing. Appendix 3 contains a discussion of work carried out to assess the outcomes of Victoria’s licensing scheme. It includes practical testing of candidates who had previously successfully completed the Victorian knowledge test. These people were required to complete an assessment based on Western Australia’s Practical Assessment. The assessment 30 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 1.5.3.7 Summary of licensing in Australia and the Victorian Model All the licensing schemes are aimed at ensuring that recreational boat operators attain a level of competency as outlined in the NMSC guidelines. As there has been no objective assessment of the various license schemes, it is not possible to say whether each individual scheme meets this requirement. It is probable that such a broad range of different schemes aimed at achieving the same ends will not achieve the same level of competency. For example, a knowledge based theory test is unlikely to lead to the same level of competency as an on-water practical assessment by a qualified assessor. To achieve a satisfactory level of competency, it appears clear that there needs to be some practical experience and/or training. Rather than addressing the relative outcomes of each scheme, it may be preferable to determine whether the minimum level of competency each jurisdiction adopts meets the aim of the national competencies. It is understood that the only comparison of models carried out to date is the MUARC assessment of the Victorian model against a simulation of the WA Recreational Skippers ticket test. This comparison illustrates that the Victorian model achieves outcomes which fall well short of the level of competency achieved by successful completion of the WA test. If the practical assessment of competency achieved by the WA model is a reasonable assessment of the national minimum competencies then, from the evidence available, the Victorian model fails to deliver competent operators. 1.5.3.8 Comparison of schemes The following diagram shows conceptually how effective various schemes may be in assuring regulators that persons are competent. The figure indicates that there are competency assurance gaps for persons who do not pass a formal on-board assessment. This suggests that a knowledge test will certainly achieve a level of competence, but only in areas where gaining that knowledge is all that is needed to achieve competency in that subject. For example, if understanding the rules regarding the minimum distance required between vessels is the required competency, a knowledge of the laws which govern these requirements may be seen to be sufficient to assure that the required competency level is met. This may be achieved via the successful completion of a knowledge test on the subject. Other skills cannot be tested in a knowledge test, but could be demonstrated as part of a practical test. For example, it may be that being able to apply a safe distance rule is the true measure of the level of competency required. Chapter 1. Marine licensing in Victoria and the outcomes of current licensing arrangements 31 Figure 7 - relative levels of competency assured by differing testing and assessment processes LEVEL OF COMPETENCY COMPETENCY GAP KNOWLEDGE SKILLS and/or EXPEREINCE COMPETENT knowledge test 32 knowledge test plus practical test for 12-15 y/o knowledge test plus either practical training or logged experience practical training with knowledge and practical assessments knowledge test plus practical assessment Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 1.6 Conclusion 1.7 A higher standard of testing, such as practical training or assessing, in relation to the following competencies, could reduce the number of marine incidents in Victoria in the following ways: Some training/ assessment options Expected outcome Person overboard and retrieval procedures Reduce the risk of drowning and improve the chances of retrieving a person in the water Boat launching/ docking and slow speed manoeuvres training Minimise collision risks and hand/finger/limb injuries at jetties and “ramp rage” Basic fuel and battery checks training Reduce the risk of capsizing due to going broadside after losing power Setting and retrieving anchor training Minimise hand and finger injuries Training in towing people at moderate to high speeds Reduce the likelihood of injury from towed water sport activities Training in operating high speed watercraft, particularly PWCs, and the dangers involved in operating in close proximity to others Reduce the incidence of high speed collisions Relative exposure to risk, a comparison between marine and road fatality rates An estimation of the relative safety of recreational boaters compared to persons travelling in cars on in Victoria. Appendix 8 contains a set of calculations based upon data from the MUARC exposure data report, VicRoads and the Australian Bureau of Statistics. Two approaches were used to estimate relative fatality rates on an annual basis. The measures used were based (a) on the exposure hours of a vessel or a car per fatality, and (b) on the distance the car or vessel travelled per fatality. 1.7.1 Comparison of vessel/vehicle fatality rates. Based on exposure hours 3.9 Based 0n 2007 km travelled 6.3 Each of the methods used in the estimation produces results of the same magnitude. Whilst the actual values are subject to conjecture due to the assumptions, regardless of which methodology is used, there appears to be a greater likelihood of incidents resulting in a fatality when boating compared to when driving. By comparing these outcomes, we have a measure which attempts to objectively consider boating outcomes. The conclusion that boating is ‘riskier’ than driving in itself provides impetus to improve boating safety. A large amount of resources are currently directed at reducing fatalities and improving road safety and this conclusion suggests that greater resources need to be directed at measures – including licensing – aimed at improving boating safety. Chapter 1. Marine licensing in Victoria and the outcomes of current licensing arrangements 33 1.8 Summary While overall marine activity in Victoria is generally safe, there is data to suggest the need for improvement. Fatalities are trending lower which is a positive sign, although there are indications, based on available exposure data, that fatality rates are nonetheless 4-6 times higher than those in vehicles on the roads. Additionally, the number of reported incidents and hospital admissions are rising. Injuries are highest in towed water sports, general boating and PWC operations, even though towed water sports and PWC activities are carried out by a relatively small number of participants. This indicates that they contribute disproportionately to the total number of injuries and accordingly, further investigation is required into whether licensing can play a targeted role in reducing injuries in these sectors. Victoria’s licensing scheme is designed to improve the skills and knowledge of boat operators or masters within the National Competency framework. This framework is used by all Australian jurisdictions as the basis for their boating licensing schemes. Jurisdictions have differing means of assessing licensing applicants as detailed in Appendix 2. While there has been little formal assessment of the merits of the various schemes, anecdotally Victoria’s scheme is currently one of the least successful at producing masters and operators who are competent in safe vessel operations. The causes of boating incidents can be split into three basic groups, environmental factors, material factors and human factors. Licensing schemes are primarily aimed at reducing the human factors which lead to incidents. The challenge is to produce a cost effective scheme of licences and endorsements which successfully targets these factors where there is evidence to suggest that a genuine safety problem exists. Victoria’s scheme will continue to include a basic licence test for the master of powered recreational vessels which need to be endorsed for PWC operations. The questions to be addressed are whether the current form of assessment for the basic licence and PWC endorsement need to be changed and whether there are additional vessel types or vessel activities which warrant more attention through the introduction of endorsements or other licensing scheme improvements. 34 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Chapter 1. Marine licensing in Victoria and the outcomes of current licensing arrangements 35 36 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Chapter 2. The Basic Marine Licence 2.1 Background 2.1.1 National Guidelines The national guidelines were “designed to be capable of being taught, learned or demonstrated by one or a combination of the following methods”: The minimum standards of competence for recreational boat operation are documented in the national Guidelines for Recreational Boat Operator Competencies, which form the basis for all licence regimes within Australia.6 The national guidelines seek to ensure that people in charge of or in command of registered recreational vessels are competent masters. The framework was developed in response to fatalities and injuries resulting from recreational boating activities. The premise behind the framework is that competent operators make better decisions and respond more appropriately in operational settings. 6 ff Classroom instruction; or ff Practical instruction or demonstration; or ff Distance learning. In relation to the assessment processes, the national guidelines note that: “Given the aim of the operator licence is to increase marine safety through ensuring minimum levels in the awareness and skills of boat users, then an educationally based operator licence containing both theory and hands-on practical experience is the most effective method.” Guidelines For Recreational Boat Operator Competencies Edition 1 – November 2000; National Marine Safety Committee 2.1.2 Current marine license and PWC endorsement testing As described in part 1.1.2, the current Victorian marine licensing scheme is as follows: Figure 8 - Generic licensing model for general operator licences and restricted operator licences. A similar model exists for the current PWC endorsement General or Restricted Marine Licence - General 16 y.o. or above - Restricted 12 to 15 y.o. (less than 10 knots unsupervised, between 10 and 20 knots during daylight and accompanied by general licence holder over 16 y.o., no towing) Theory based training course - approved by TSV - includes knowledge test or Self-paced learning Knowledge Test Red border indicates mandatory component of model Chapter 2. The Basic Marine Licences 37 The only mandatory component is the knowledge test. How an applicant obtains the knowledge prior to taking the test is up to the individual. TSV provides a handbook, updated regularly, which contains the information required to pass the test7. Alternatively a network of training providers registered with Transport Safety Victoria provides training for and administers the test. At the time licensing was introduced into Victoria, the training and assessment methods adopted were consistent with the standard applied in other States where recreational boat operator licensing had been introduced. However, since that time, other States have implemented changes and have adopted licensing models that integrate practical competencybased training and testing requirements which licence applicants must pass. 7 2.1.3 The Marine Safety Act 2010 The Marine Safety Act 2010 is expected to come into force in late 2011. Part 3.2 of the Act provides the requirement for mandatory licensing of masters of recreational vessels on all prescribed waters in Victoria. The Act allows for non licensed persons to operate a vessel provided that they are under the direct supervision of an operator. The Act sets out: ff the purpose of licensing ff licensing offences ff licensing provisions; and ff exemptions. Victorian Recreational Boating Safety Handbook Figure 9 - Licensing model under the Marine Safety Act 2010 Marine Safety Act 2010 Chapter 3 Part 3.2 Marine Regulations 2011 Sample Range of Possible Endorsement Marine Licence PWC Endorsement High Speed Endorsement Towed Sports Endorsement Offshore Operations Endorsement Vessels Carrying More Than 12 Passengers Endorsement Endorsements may be combined or put into an expanded RBOL The above figure outlines the proposed framework under the Act. The PWC endorsement framework present in the Marine Safety Act 2010 has been removed. The Marine Safety Regulations will provide for endorsements, including the PWC endorsement. The nature of endorsements is the subject of further discussion in this paper but it is envisaged that the PWC endorsement scheme will continue. A hierarchy of monetary penalties for failing to obtain an appropriate marine licence or endorsement is also set out in the Act. 38 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 The Act will be administered by TSV, with the Safety Director empowered to grant licences. The purposes of licensing masters of recreational vessels are stated in the Act as being (amongst other things) to: ff ensure that people who are in charge of or in command of registered recreational vessels are competent masters; and ff ensure that those masters are aware of safe operating practices and relevant marine safety laws. In granting a basic marine licence, the Safety Director may require the applicant to pass any test of a prescribed type about the operation of recreational vessels or undergo any training about the operation of recreational vessels that the Safety Director considers appropriate, or both. Differences between the Marine Act 1988 (as amended in 2000) and the Marine Safety Act 2010 with regard to the licensing scheme are summarised in the following table: Table 15 – Comparison of Marine Act 1988 and Marine Safety Act 2011 licensing frameworks What is the license called Marine Act 1988 Marine Safety Act 2010 General operator licence Marine licence or Restricted operator licence Who is required to hold a license? Recreational vessel operator. Restricted recreational vessel operator (person between 12 and 16 years of age inclusive) Master of a recreational vessel. Master is the person in command or in charge of the vessel. Restricted recreational vessel Master (person between 12 and 16 years of age inclusive) Who is required to hold an endorsement? Persons operating a PWC Act is silent but sets up a framework for a range of endorsements to be required by the regulations Do all operators require a license? Yes No. Framework is put in place for persons to operate vessels without holding a licence providing there is a Master present who is an adult and is able to supervise the vessel’s operation. Does Act set up testing framework? No but Act requires the applicant to “pass any test .. or undergo any training … that the Director considers is appropriate”. No. But sets up a framework for the regulations to set any testing requirements for a license or endorsement. Chapter 2. The Basic Marine Licence 39 2.2 What could a best practice assessment model look like? A best practice assessment model for recreational boating should aim to objectively assess applicants as meeting the nationally agreed minimum competencies. Ideally, its method of delivery should aim to maximise retention of these competencies over time. A suggested best practice assessment model which ensures that all licence applicants are competent operators would involve: ff passing a theory-based test on the person’s knowledge of the rules and regulations ff completing a reasonable amount of supervised practical experience through either a logbook or a practical training course (experience), and ff passing a practical skills based on-water assessment (skill). The Australian jurisdiction which most closely resembles this model is Queensland. Its six hour Boatsafe course includes knowledge-based training and practical assessment as well as an on-water assessment. Other jurisdictions include a knowledge based test and aspects of an experience and/or skill test. Internationally, Singapore has a model similar to Queensland in its Powered Pleasure Craft Driving Licence. The course is completed over four days and involves 15 hours of knowledge based training over the first three days and an 8 hour practical lesson on the fourth day. The licensing options presented in this paper will include variations on the Queensland model. Ultimately, the recommended option will be determined by which options provides the best safety outcome (maximises benefit) with the fewest regulatory interventions (measured by minimising costs). The extent to which a model is supported by cost/ benefit analysis is consider later in this paper. 2.2.1 Practical on-water testing A practical skills-based on-water assessment is arguably the most objective method of assessing boating competency. This is because it requires applicants to demonstrate the skills needed to safety operate a boat in a formal testing environment. 40 The Western Australia Recreational Skipper’s Ticket (RST) is arguably the most objective form of this model operating in Australia. The test for an RST requires applicants to successfully complete 11 tasks to a minimum standard during a 45 minute on-water assessment. The average fee for sitting the assessment is $100. Many RST assessors also offer a full day training course, concluding with an assessment, for applicants with no prior boating experience. This costs about $250. A key benefit of the RST is the flexibility that it offers applicants in obtaining the practical boating experience required to demonstrate competence. Western Australia allows unlicensed operation of recreational vessels by people, provided they are supervised by a holder of a RST. This enables prospective licence applicants to obtain the experience needed to pass the RST assessment under the supervision of friends or family members and at a relatively low cost i.e. fuel and time. Applicants do not need to pass a specific training course or demonstrate logbook experience but need to pass the knowledge test and practical components of the RST test outlined above. This minimises regulatory pre-requisites and allows those who have boating experience the opportunity to be assessed without the need for the safety regulator to mandate any training or logged boating time. The Queensland Boatsafe course is a mixture of both practical on-water assessment and training, which can be completed during one 6-hour session. The on-water component assesses the applicant against a number of tasks, both individually and as part of a training group. South Australia also has a short practical test to allow people aged between 12 and 15 years of age (special permit operators) to operate a vessel, subject to conditions, or to act as an observer in towed water sports. In addition to passing a multiple choice theorybased test, Special Permit applicants must pass a 20 minute on-water practical skills test which involves demonstrating boat manoeuvring skills, navigation skills, knowledge and use of safety equipment and knowledge of the collision regulations. An adult, defined here to mean a person who is 16 years or older does not need to do a practical test. 2.2.2 Logged experience New South Wales gives applicants the option of completing a log-book during at least 3 separate boating trips under the supervision of a licensed operator and following the structure of the national competencies. In addition to the 3 trips, the supplied logbook requires the applicant to complete specific tasks. Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 This requirement to provide evidence of experience was introduced on 1 July 2009 following a number of recreational boating fatalities on Sydney Harbour. A review of this practical requirement is planned in 2012. NSW chose a logged experience model instead of an on-water assessment model after forming a view that requiring applicants to demonstrate competencies would require practical testing and it was believed that the cost and inconvenience incurred by applicants would not be justified having regard to the expected safety benefits. The logbook model was instead seen as ensuring that licence applicants at least understood the competencies that are required for safe operation. Consultation was undertaken before the introduction of log books and indicated resistance to practical testing from the boating sector. No cost benefit analysis was undertaken prior to the introduction of the logbook/ practical training model. The main weakness of a logged experience model is the lack of an objective measure of an applicant’s skills against a minimum standard of competence. A further weakness is that it is difficult to detect fraudulently completed logbooks. It is understood that this is the prime reason behind the move in Tasmania to phase out its logbook option from March 2011 in favour of practical training. 2.2.3 All elements would need to be supported by the provision of basic information. This could take the form an expanded recreational boating safety handbook, or, preferably a document similar to the National Powerboating Workbook 8. This workbook is used across Australia and includes in depth discussion on most issues concering safe operation of recreational boats and can be adapted to suit local requirements, such as PFD wearing and state rules for speed and distances. The tables in Appendix 4 also indicate which items are covered by the current licence test, which could be covered by an improved test, which items could be included as part of a logbook system, and those in a competency based test or competency based training or practical test or training. As can be seen there are a large number of elements which should be included within a licensing scheme. The only practical way to cover all of these is by providing information. However, information alone is not a good method of ensuring competency. On top of this a scheme needs to be developed covering subsets of these elements which could be tested or assessed in some manner. This model is the basis for the proposed licensing options. Several specific factors which a licensing scheme needs to address are listed below: 2.3.1 Practical training ff ‘Human factors’ is a term for human performance or ‘how well a person does a piece of work or activity’. New South Wales and Tasmania both had practical boating courses with no formal practical assessment. Tasmania is phasing out its current log-book option leaving the practical boating course as the only option available to licence applicants. These courses run from 3-4 hours and include both theory and on-water practical training. 2.2.4 ff Human factors account for 61% of causal factors in serious marine incidents and 33% of causal factors in response only incidents. ff Licensing is the major intervention within the Marine Safety Act scheme which is aimed at mitigating human factors as the cause of incidents. Licensing can directly focus on reducing the incidence of human factors which lead to fatality, serious injury and vessel incidents, by providing a testing system whereby a person can gain enough knowledge and skills to perform the activity of operating a recreational vessel with reasonable competency. Knowledge testing Victoria and South Australia currently use only knowledge tests. In practice, such tests concentrate predominantly on testing knowledge of laws and specific parts of the collision regulations. They do cover some operational and emergency aspects and are therefore limited in their capacity to test practical matters. 2.3 Items which the basic license needs to address Reduce incidents caused by human factors 2.3.2 Increase competencies of recreational vessel masters ff Competencies can be improved by a mix of knowledge based testing and assessment, training and/or experience, and practical testing and assessment. Appendix 4 details the elements which can be managed by the basic license test. It also identifies which elements can be delivered by which option. 8 National Powerboating Workbook, Edition 4 Chapter 2. The Basic Marine Licence 41 2.3.3 Enable targeted interventions ff The approach which involves general licence testing for all recreational vessel masters and targeted endorsements for specific vessel types and/or activities provides safety regulators with a cost-effective method to target risks associated with specific vessel types and/or activities. 2.4 Evidence indicating that outcomes from general boating point to issues with the general boating license. General boating activity encompasses fishing from a vessel including travelling to and from fishing grounds, casual use, cruising and non specific sporting activities. It does not include PWC activities. The following points are derived from the data and information contained within Part 1 of this paper. ff The main focus of licence training is to reduce the numbers and severity of incidents caused by human factors such as lack of knowledge or skills and inconsiderate behaviour. . It has only incidental effect on the reduction of the severity of incidents caused by material or environmental factors. ff Of the serious recreational vessel incidents where contributing factors were recorded human factors made the greatest contribution at 61%. Most common factors were errors of judgement (24%), inexperience (12%), navigational errors (7%) and failure to keep a proper lookout (4%). ff For non-serious or response-only incidents human factors contributed 33% of factors with lack of maintenance (16%) and lack of fuel (6%) being seen as human factor reasons why vessel disablements occur. ff General boating is the largest grouping of boating activity. Table 16 shows the contribution the various components of general boating (all vessel types excepting PWCs) contribute to recreational activity. ff Nowadays there is much higher percentage of inexperienced, less knowledgeable and less skilled people wanting to operate recreational vessels. This is illustrated by increasing recreational boating and with this growth, the number of family groups attending licence courses is increasing. Table 16 - Vessel exposure by vessel type Number of registered vessels (%) Number of boat trips (%) Number of person trips taken (%) Number of vessel on water hours (%) Number of on-water person hours Open Boat 107,121 (70.7) 568,128 (62.2) 1,366,617 (61.8) 2,857,890 (50.4) 6,978,713 (48.9) Half Cabin 24,271 (16.0) 185,371 (20.3) 408,280 (18.5) 1,105,499 (19.5) 2,477,201 (17.4) PWC 9,499 46,018 (5.0) 82,844 (6.3) (3.7) 225,910 (4.0) 422,817 (3.0) Full Cabin Cruiser 5,450 (3.6) 53,684 (5.9) 182,756 (8.3) 747,051 (13.2) 2,548,123 (17.9) Trailer Sailor 2,309 (1.5) 27,295 (3.0) 72,052 (3.3) 390,629 (6.9) 1,046,549 (7.3) Yacht 2,297 (1.5) 30,304 (3.3) 92,994 (4.2) 339,213 (6.0) 768,093 (5.4) Hovercraft 572 (0.4) 2,203 (0.2) 4,549 (0.2) 8,612 (0.2) 17,367 (0.1) 151,519 913,002 2,210,092 5,674,805 14,258,862 Total 42 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 ff General boating comprises all types of vessel type activities with exception of PWCs which, as they have a separate endorsement, are not treated as part of general boating’. The table above indicates that this cover 93.7% of vessels, 95% of vessel trips, 96.3% of person trips , 96% of vessel on water hours and 97% of on water hours. ff For recreational boating overall over the past 10 years there has been an average of 6.9 deaths a year in Victoria. In the last 5 years (despite continued growth in vessel registrations and licensed operators), this number has dropped to 4.8 deaths a year on average. All deaths with the exception of a single PWC fatality occurred during ‘general boating’ vessel usage. ff Licensing has an unprovable effect on fatality reduction. The majority of fatal incidents result in a person drowning and the vast majority of coronial recommendations relate to mandating the wear of personal flotation devices (PFDs), generally or a specific type of PFD i.e. PFD Type 1. Licence information and knowledge testing reinforces the requirements covering PFDs and may have an indirect impact upon reducing the numbers of drownings. ff Other fatality rates resulting from collisions, fires and explosions may have also been reduced by licensing in a similar manner. ff 87.75 % of vessel injuries over the period 2003/4 – 2009/10 occurred during general boating. With general boating comprising 95% of vessel trips at first glance this indicates that general boating performs equably on the basis that injury rates and vessel trip values are similar. However based on activity, 51.4% of injuries occur as a result of towed water sports which account for only 8.9% of vessel trips. Thus a more accurate picture would be that 36.3% of injuries occur in 85.1% of vessel trips. ff The average annual cost of injuries has been estimated by Acil Tasman in Appendix 6 to be approximately $38 million and general boating is responsible for 36.3% of these costing $13.8million ff Thus whilst a relatively low percentage of injuries occur from general boating licensing could contribute to reducing their estimated $13.8million cost. ff Injury trends are similar across the motor boating, PWC and fishing sectors with a decline in injuries as the age of operators increases. This probably reflects fewer people engaging in boating as they get older but may reflect that older people have greater boating experience, more highly developed skills and a lower propensity to take risks. Motor boating remains a higher risk activity for older stakeholders. However these operators generally will have had a licence since their introduction in 2002 and improved licensing requirements will have little or no impact. This may indicate a need to improve educational programs directed at people in these age groups. ff General licensing is unlikely to be a suitable tool to cover all vessel activities but particular endorsements could provide a targeted response. ff It is arguable that the current Victorian licensing arrangements produce less competent boaters than the current interstate models. Appendix 3 contains a discussion of work which was carried out assessing the outcomes of Victoria’s licensing scheme. It included practical testing of candidates who had previously successfully completed the Victorian knowledge test. These people were required to complete an assessment based on the Western Australia Practical Assessment. The assessment contains 11 elements and the applicant is allowed two attempts at each element. Competency in all elements is required to pass. Based on the outcomes of the assessment it appears that the Victorian scheme does not deliver an outcome consistent with the Western Australian model as only 1 Victorian out of 49 tested was able to successfully complete the competency assessment. 2.5 Options for licence testing reform A number of options for the reform of boat operator licensing have been developed. Note on the ‘base case’ The ‘base case’ referred to in this section is the scheme which will operate upon the implementation of the Marine Safety Act 2010 and the Marine Safety Regulations 2011. Chapter 2. The Basic Marine Licence 43 2.5.1 Option 1 – Theory test only – status quo Figure 10 - Licensing Option 1 General or Restricted Marine Licence - General 16 y.o. or above - Restricted 12 to 15 y.o. (less than 10 knots unsupervised, between 10 and 20 knots during daylight and accompanied by general licence holder over 16 y.o., no towing) Theory based training course - approved by TSV - includes knowledge test or Self-paced learning Knowledge Test Red border indicates mandatory component of model Licensing Requirements ff Pass a knowledge test set by the Director TSV Retain the existing theory based testing model. The test would continue to be delivered either by VicRoads or through a course carried out by a registered training organisation (RTO). Because these tests would not vary significantly from those currently in place, there is no change to the overall costs compared with the current testing process. It is a low cost option imposing the smallest regulatory burden on the individual. However,. this model does not assure that people who obtain a licence are competent to safely operate recreational vessels. It manages to test knowledge of collision regulations and basic safety rules but does not test practical skills in operational or emergency situations. 44 Strengths • No additional cost impacts to the community, training providers or regulator. • Is successful at effectively assessing knowledge of collision regulations and basic safety rules Weaknesses • No improvement in the delivery options therefore no effect on safety outcomes. • Because there is no practical component this model may be considered to compromise the mutual recognition between jurisdictions. • Is limited when assessing the national operational or emergency response competency units. Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 2.5.2 Option 2 – Improved knowledge test split-score model Figure 11 - L icensing Option 2 General or Restricted Marine Licence - General 16 y.o. or above - Restricted 12 to 15 y.o. (less than 10 knots unsupervised, between 10 and 20 knots during daylight and accompanied by general licence holder over 16 y.o., no towing) Theory based training course - approved by TSV - includes knowledge test or Self-paced learning Split-score Knowledge Test Must get 100% correct on mandated questions Red border indicates mandatory component of model Licensing Requirements Retain the knowledge based test but require the applicant to answer specific questions relating to operational and emergency situations. The test could be administered by approved training providers at the conclusion of an approved course as currently run or by VicRoads. Strengths This could be achieved by changing the test to a split-score model where the test is separated into two sections – section one containing critical questions which the applicant must get 100% correct and section two comprising general knowledge questions at least 70% correct. • Will be more successful at effectively assessing knowledge of collision regulations and items of a legislative nature Mandating that the applicant must get key questions correct provides an assurance that new licence applicants have consistent knowledge in essential areas related to boating safety. Weaknesses • Use of skilfully designed questions may improve the ability for knowledge testing to assess operational or emergency response competency units • Additional cost impacts of a minor nature eg: −− modification of government IT systems −− more time required to administer tests increasing costs for training providers and the regulator. • Cost increases likely to be passed on to applicants • Because there is no practical component this model may be considered to compromise the mutual recognition between jurisdictions. • Slightly more successful in assessing emergency response competency units. Chapter 2. The Basic Marine Licence 45 2.5.3 Option 3 - Theory test and either supervised practical experience documented through a log book or a practical training course Figure 12 - Licensing Option 3 Complete TSV approved trainig course - General course (4hrs) - Certificate of completion issued 1. Theory Training or Self-paced learning or Study Recreational Boat Safety Handbook or Workbook produced by TSV and 2. Practical Boating Experience (demonstrated by flexible options) Complete TSV approved trainig course - combined theory and on-water component delivered over 1 day or then 3. General knowledge boating test Complete a minimum number of boating hours, under the supervision of a fully licenced operator - Activities and hours to be recorded and certified in a TSV developed Recreational Boating Logbook Complete a general knowledge test developed by TSV - as part of practical training course, or - by attending VicRoads Red border indicates mandatory component of model Licensing Requirements ff Pass the knowledge test set by TSV, and ff Demonstrate experience via a logbook or training. This option involves retaining the existing theorybased test and adding a requirement to demonstrate on-water training experience and is similar to current requirements for a New South Wales General Boat Licence. Experience may be demonstrated by attending a TSV approved practical training course with on-water component or by completing a minimum number of hours and tasks in a TSV developed logbook. The logbook option will require access to recreational vessel and the supervision of a fully licensed operator who must certify each trip and task in the applicant’s logbook. 46 The course and logbook would be supported by a Workbook to be developed by Transport Safety Victoria and based on the National Powerboat Workbook used in Queensland for the BoatSafe course. Indications from an initial stakeholder survey are that there is an existing capacity to deliver practical training and/or assessment. TSV may incur higher costs of providing resources to conduct monitoring and auditing activities to ensure course providers are delivering services in compliance with TSV standards. Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Strengths Weaknesses • Improved operator capability through mandatory experience. • Increased investment of time and cost to applicant. • It provides applicants with a degree of flexibility in that there are alternate means of obtaining the required level of competency. • It facilitates harmonisation of licensing requirements between the states of Victoria and NSW. This is important as the majority of water users on the River Murray which is managed by NSW come from Victoria. Adoption of similar licensing requirements should lead to easier and consistant enforcement. • Logbook method relies on the honesty of the licence holder who certifies the document. • The licence holder providing the applicant with practical experience is not a qualified trainer and may pass on bad habits and/or attitudes. • A disadvantage of adopting this option is that its effectiveness over the current knowledge based tests cannot be easily measured as there would be no testing process under this option. • Given the relatively infrequent exposure to boating in the Victorian population relative to other modes of travel, maximising knowledge and skill retention is a key consideration in determining the best option. A requirement to log a minimum number of hours of supervised vessel operation may provide a suitable alternative to a training course in achieving this objective. 2.5.4 Option 4 – Theory test and mandatory on-water assessment Figure 13 - Licensing Option 4 Complete TSV approved trainig course - General course (4hrs) - Certificate of completion issued or Study Recreational Boat Safety Handbook or Workbook produced by TSV 1. Theory Training or Self-paced learning or Other pathway – not specified and 2. Practical Boating Experience (demonstrated by flexible options) then 3. General knowledge boating test 4. Practical Assessment Complete TSV approved practical trainig course - combined theory and on-water component delivered over 1 day - modelled on National Competencies or Other pathway – not specified Complete a general knowledge test developed by TSV - as part of practical training course, or - by attending VicRoads Mandated practical on-water assessment - by TVS approved assessor - estimated 1 hr on-water Red boarder indicates mandatory component of model Chapter 2. The Basic Marine Licence 47 Licensing Requirements Strengths Requirements to be met for issue of licence: • The system provides opportunities for persons to build skills over time under supervision. ff Pass the knowledge test set by TSV, and • It is an objective assessment of skills; and ff Complete a practical assessment. Retain the existing theory test and add a practical on-water assessment based on the WA Skippers Ticket model which allows a person to be assessed regardless of how skill and knowledge is gained. It is estimated that the practical testing would take approximately 1 hour to complete and be similar to the WA Skippers Ticket model. The option would be supported by a Workbook to be developed by Transport Safety Victoria and based on the National Powerboat workbook used in Queensland for the BoatSafe course. This could be used by as part of an approved course or as a selfpaced learning method. Applicants may complete an approved training course but there would be no mandated requirement to do so. • It allows applicants the flexibility to determine how they attain these skills – either through training courses or supervised vessel operation or experience. • Potentially lower cost impacts to applicants. • This option has the benefit of allowing applicants with prior boating experience to go straight to an assessment and not incur the cost of attending training courses. Weaknesses • Costs • A disadvantage is that it may not maximise knowledge and skills retention to the same extent as a log book option, which requires the person to log a certain amount of on water hours under direct supervision of an adult licence holder (if the persons compliant and ignores possibility of falsification). The regulator may also incur higher costs of providing resources to conduct monitoring and auditing activities to ensure course providers are delivering services in compliance with TSV standards. 2.5.5 Option 5 – Mandatory on-water training course with practical and theory assessments Figure 14 - Licensing Option 5 General or Restricted Marine Licence - General 16 y.o. or above - Restricted 12 to 15 y.o. (less than 10 knots unsupervised, between 10 and 20 knots during daylight and accompanied by general licence holder over 16 y.o., no towing) Complete TSV approved practical trainig course - combined theory and on-water component delivered over 1 day - modelled on National Competencies Mandated knowledge test and Red border indicates mandatory component of model 48 Mandated practical on-water assessment Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Licensing Requirements Requirements to be met for issue of licence: ff Pass the knowledge test set by TSV, and ff Complete a practical training course endorsed by TSV. This option involves retaining the existing knowledgebased test and adding a requirement to complete a practical on-water training course which includes a practical assessment of skills. The practical on-water training and testing would be supported by a Workbook to be developed by Transport Safety Victoria and based on the National Powerboat workbook used in Queensland for the BoatSafe course. Duration of course is estimated to take approximately 6 hours to complete. The regulator may also incur higher costs of providing resources to conduct monitoring and auditing activities to ensure course providers are delivering services in compliance with TSV standards. Strengths • A benefit of this option are that it covers all three parts of a general definition of competency – skills, experience and knowledge – with an emphasis on skills and knowledge. • Ensures that all new licence holders have a common level of knowledge and skill. Weaknesses • Increased investment of time and cost to applicant. • Does not provide flexible pathways for learning and experience. Indications from an initial stakeholder survey are that there is an existing capacity to deliver practical training and/or assessment. Due to the higher set-up costs of on-water training the cost to the community are estimated to be in the order $150 per person per one day course inclusive of assessment. 2.6 Options Summary The table below summarises the above options. Table 17 - s ummary of testing and assessment modes between the options Option 1 2 3 4 5 Theory Test Y Y Y Y Y Y Y Practical Test Practical Assessment as part of mandated training Y Mandated Training Option Mandated Experience Recording (Logbook) Option Y Chapter 2. The Basic Marine Licence 49 Option 2 Option 3 Option 4 Option 5 Theory training, or Self-paced learning Theory training, or Self-paced learning Theory training, or Self-paced learning Theory training, or Self-paced learning Mandated Theory Training Practical Training, or Experience Mandated Practical Training Combined Course Option 1 Mandated Practical Training, or (a) Mandated Logbook ASSESSMENT SKILL KNOWLEDGE Figure 15 - Comparison of requirements for each option Mandated (b) Knowledge Test Mandated (b) Knowledge Test Change to split-score test wit compulsory questions that must be answered correctly Mandated (b) Knowledge Test Mandated (b) Knowledge Test & Mandated Practical on water assessment (a) Note: The items in red are mandated by legislation. 50 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Mandated (b) Knowledge Test & Mandated Practical on water assessment (a) Figure 16 -Comparison of options indicating level of regulatory intervention Option 1 MANDATED REQUIREMENTS • Current Vic model • Maintains the status-quo • No impact in time and money • No improvement in copetency level od vessel masters Knowledge Test Option 2 • Minimum impact to business process • Improved knowledge outcomes in critical areas of boating safety Split-score Knowledge Test Option 3 Option 4 • Aligns to NWS and TAS models • IAim to ensure competency through mandatory practical on-water experience • Logbook option is open to abuse • Application of skill not assessed • Increased costs for practical training • Provides flexible options for attaining exerience • Most closely aligned to WA models which is considered to meet the intended outcomes of the NMSC Guidelines • Only concered with the outcome •Provides flexibility in how the applicant acquires knowledge & skills • Increased costs for training where applicants do not have access to vessels Mandated Practical, or Mandated Logbook & Mandated Knowledge Test Mandated Knowledge Test & Mandated on- water Practical Assessment Option 5 • Minimum impact to business process • Improved knowledge outcomes in critical areas of boating safety Mandated Knowledge Test & Mandated on- water Practical Assessment INCREASED INTERVENTION 2.7 Restricted licences and learners Currently, restricted marine licence holders (aged between 12 and 15) are subject to conditions which prohibit towing and operating the vessel at more than 20 knots. When operating the vessel at between 10 and 20 knots there must be a holder of a marine licence who is at least 16 years old in the vessel and it cannot be operated before sunrise or after sunset. Restricted licences automatically convert to full licences at the age of 16. It is anticipated that restricted licences will be retained with the above limitations despite the revised system under the Marine Safety Act 2010 allowing unlicensed people to operate vessels under supervision. This is because young people may still wish to operate vessels independently of supervisors and the retention of the scheme will allow this to continue. It is anticipated that demand will be lower for these qualifications. Chapter 2. The Basic Marine Licence 51 2.8 Cost-benefit assessment of options In order to objectively examine the options a cost benefit assessment has been carried out. Appendix 5 contains full details of the cost – benefit methodology and includes the calculations which lead to the values presented here. The options were assessed by calculating benefit – cost ratios (BCRs). Benefits were estimated in terms of the value of reduced injuries, fatalities and property damage which could be attributed to the general licence test. Costs were estimated based on the costs of implementing the various possible licensing regimes. Forward projections of the benefits were calculated based upon two models: ff The average values of the past data being used to estimate future values ff The trend values of the past data being used to estimate future values. The actual BCR value is hard to determine as it will depend whether trend based future values or average based future values will dominate the future benefits. In order to resolve this BCR ranges for each delivery option assessed are used. It is assumed that the realised BCR value would lie somewhere within this range which is bounded by the average and trend values. Therefore the net present values of these two sets of benefit estimations were used along with the net present value of the estimated future costs to determine benefit-cost ration (BCR) values. Table 18 - summary of BCR results for general boat licensing options. 52 Enhanced information Knowledge test enhancement Logbook Practical test Training Training and test percentage reduction in recreational boating incidents 6.41% 9.00% 25.30% 22.62% 23.73% 38.85% BCR values based on trend values 0.8 0.6 0.2 0.7 0.4 0.5 BCR values based on trend values 0.6 0.6 0.2 0.6 0.3 0.4 Table 18 - summary of BCR results for general boat licensing options. above shows the estimated reduction in injuries that differing delivery options would deliver. As expected the interventions of a higher level than a knowledge test are likely to achieve the greatest benefits in reducing injuries, fatalities and property damage. The table also shows the BCR values which have been estimated for each option and which are also shown in Figure 17 - BCR ranges for general marine licence options below. The ranges show that all BCR values are under 1. This indicates in all cases that the benefit of the changes is outweighed by the increase in costs. These indicate a benefit of between 20% and 40%, significantly greater than those of enhancing information and/or enhancing the basic knowledge test. These results mean that none of the options proposed for licensing reform produces benefits on a purely economic basis. Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Figure 17 - BCR ranges for general marine licence options Range of BCR values between values based on long term trends and values based on long term averages for general boat licence 0.9 0.8 0.7 0.6 0.5 0.4 0.3 0.2 0.1 0 Enhanced Information 2.9 Enhanced Knowledge Logbook Practical Test Summary of general marine licence options Licensing is aimed at improving the competency of recreational vessel masters and operators and thereby reducing the human contribution to incidents. There is evidence that the current marine licensing regime could be improved and a number of options for licence improvements are suggested. However, the evidence used to make a case for licensing improvements is tempered by the economic analysis which shows that none of the options suggested are economically justifiable. 2.9.5.1 Case for basic marine licence improvements ff Analysis shows that incidents resulting from general boating could be decreased by as much as 39% with a resulting decrease in injuries. ff Licensing is the only major regulatory tool which directly influences the competency of vessel masters and operators. Stakeholder anecdotal evidence as well as independent assessment of the Victorian licensing scheme point to the Victorian licensing scheme being less effective than other Australian schemes at producing competent masters and operators. Training Training and test ff Navigation and other rules (e.g. speed limits) are designed to provide a level of protection against the risk of many marine events. It is critically important to improve the level of compliance with marine safety laws in the future to address the rising occurrence of collisions and associated incidents. Licensing interventions assist in this by increasing awareness and understanding of marine safety laws. However, there is a need to ensure that improved knowledge testing results in an improved safety culture, not merely short term memorisation of laws which happens at present. ff Following each inquest the Coroner makes recommendations for marine safety improvements. There has been a single case where the coroner has explicitly recommended that licensing be improved. This case involved a drowning where the deceased operator had obtained a recreational boat licence 3 days before the incident. ff As a result the Coroner, recommended that all applicants, in addition to sitting the existing written examination for a recreational boat licence be required to undertake a practical examination and exhibit reasonable proficiency in the operation of a boat before being issued with a licence. ff The Victoria testing scheme is primarily aimed at testing for the applicant’s knowledge of regulatory requirements rather than assessing their ability to manage operational or emergency response issues. Chapter 2. The Basic Marine Licence 53 ff An estimation of the relative safety of recreational boaters compared to persons travelling in cars in Victoria has been carried out. Two approaches were used to estimate relative fatality rates on an annual basis. The measures used were based (a) on the exposure hours of a vessel or a car per fatality, and (b) on the distance the car or vessel travelled per fatality. Table 19 - Comparison of vessel and vehicle fatality rates Based on exposure hours 3.9 Based 0n 2007 km travelled 6.3 Each of the methods used in the estimation produces results of the same magnitude. These results reflect outcomes under the present licensing scheme and improving the licensing scheme is likely to bring boating safety more in line with road safety. ff Nowadays there is a much higher percentage of inexperienced, less knowledgeable and less skilled people wanting to operate recreational vessels. This is illustrated by the number of family groups attending licence courses which is increasing. ff Marine licensing is aimed at reducing human factor caused incidents. Of the serious recreational vessel incidents where contributing factors were recorded human factors made the greatest contribution at 61%. For non-serious or response-only incidents human factors contributed 33% of factors. An improved licensing scheme will address many of these human factors reducing the number of human factor caused incidents. ff Injury trends are similar across the motor boating, PWC and fishing sectors with a decline in injuries as age increases. This probably reflects fewer people engaging in boating as they get older but may reflect that older people have greater boating experience, more highly developed skills and a lower propensity to take risks. ff However, motor boating remains a higher risk activity for older stakeholders. These operators generally will have had a licence since their introduction in 2002 and improved licensing requirements will have little or no impact. This may indicate a need to improve educational programs directed at people in these age groups. 54 ff The Victorian knowledge test, albeit recently improved, is unable to assure that applicants are competent to successfully ‘drive’ a vessel. The assessment discussed in Appendix 3 where 49 Victorian operators were tested using the Western Australian practical test, and only one successfully showed the required competence, strongly indicates a competency – particularly a lack of skills - problem with the current Victorian scheme. Changing the licensing test to a model incorporating a practical assessment will improve the competency of Victorian boaters and improve the confidence other jurisdictions have in the Victorian licensing scheme. 2.9.5.2 Case against basic marine licence improvements ff The economic analysis carried out estimated that the costs for each of the options considered outweigh the estimated benefits for the options considered. One of the regulatory tenants within Victoria is that benefits should outweigh costs for any regulatory change. 2.10 Recommendation There is sufficient evidence to show an improvement in the licensing scheme is desirable to address the knowledge and skills needed for new entrant operators. Cost benefit analysis shows that costs outweigh benefits on all the licensing delivery options discussed which indicates that retention of the present scheme may be the only available option. However, the cost benefit rate is not the only factor to take into account when discussing a safety scheme such as recreational boat licensing. Evidence relating to incidents and injuries which could be reduced by increasing vessel operator competency provides a strong argument in favour of licence change. Comparing the fatality rates of vehicles and vessels has demonstrated a greater risk in operating vessels compared with operating road vehicles. We require new entrant vehicle drivers to successfully complete written and practical assessments and demonstrate levels of experience prior to issuing a permission to drive on Victorian roads. As discussed, the Victorian licence scheme when objectively assessed did not produce competent operators compared with those from another licensing scheme. Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 The recommended option is to improve operator competency and provide a significant increase in the safety of boating activities. This is the option which requires the new applicant to pass an improved knowledge test and successfully demonstrate skills and competency by completing a practical assessment. This option has a negative benefit cost ratio in the range of 0.6 – 0.7. The option is seen as the best way to improve competency albeit at a cost, to meet the intent of the national Guidelines for Recreational Boat Operator Competencies, ensure consistency with other Australian jurisdictions and improve confidence in the Victorian licensing scheme. Chapter 2. The Basic Marine Licence 55 56 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Chapter 3. Licence Endorsements 3.1 Background The framework set up under the Marine Safety Act 2010 gives the regulator the flexibility to require a specific licence endorsement where a vessel class or activity requires a higher skill set than that required for standard recreational vessel operations. In addition to the current PWC endorsement, the Marine Safety Review discussed the possibility of endorsements in relation to: ff high speed operations ff offshore operations ff carrying more than 12 passengers; and ff towed water sports. In order to obtain an endorsement a distinct skill set needs to be identified and a competency standard developed. The National Competency Guidelines envisaged that the minimum set of competencies would not address all knowledge requirements nor all potential situations and conditions. The method of assessing any identified skill set will need to be determined by vessel and activity type, based on the frequency and exposure risk levels. Assessment methods may range from knowledgebased testing to practical on-water competencybased testing. This part of the report deals with and analyses the issues, costs and benefits associated with introducing future endorsements for recreational boating activities. 3.2 Risk assessment The risks associated with all vessel operations were examined using risk registers and bow tie assessments, the results of which are summarised in Appendix 4. Risk example – offshore fatalities In considering the risks associated with offshore operations, the risk workshops held with TSV identified both the causes of vessel failure and human errors contributing to a person entering the water unexpectedly. All fatalities offshore occur due to people drowning. Therefore the risk assessment looked particularly at mitigating the causes and results of persons ending up in the water. This developed into means to (a) avoid ending up in the water and (b) reduce the amount of time in the water. Interlinked with (a) is that in the majority of instances when people have drowned, the reason they have entered the water is because their vessel capsized. 3.3 Regulatory control of risk Nine types of possible regulatory control to reduce risk were identified: 1. Equipment 2. Information 3. Knowledge based assessment 4. Training based assessment 5. Competency based assessment 6. Continual Training requirements 7. Ban activity 8. Government infrastructure 9. Legislated intervention Chapter 3. Licence Endorsements 57 Controls types 2, 3, 4 and 5 represent controls which are aimed at improving skills and knowledge of masters that could form the basis for an endorsement or other license based intervention. 3.4 Determining whether an endorsement is the preferred option Five activities or vessel types were considered as potentially requiring an endorsement. To determine whether an endorsement is warranted we need to answer the following questions. ff Is there enough evidence from the available data, detailed in part one of this document, that an endorsement is required? ff Does the risk profile developed from the bow tie and risk assessments suggest that an endorsement is required? ff What should the endorsement cover? ff Would an endorsement add value above that of a basic licence test? ff Would the costs of developing an endorsement or specific intervention outweigh the benefits? ff If an endorsement is not considered practicable could improved safety information be included in TSV’s licence material? The bow tie assessments in Appendix 4 suggest the elements which should be included within the endorsement curriculum. 3.5 Suggested Endorsements The following are the five possible endorsements identified during the marine safety review and policy development process. 3.5.1 Personal Water Craft operation Currently the only endorsement in the Victorian licensing scheme is for PWC operation. There is general support to maintain this endorsement. The draft Marine Safety Regulations 2011 regulate this endorsement and maintain the current knowledge test to acquire it. 58 There is stakeholder support for the premise that the endorsement test is too easy. It is available at a minimum cost and the test can be taken at the same time as the basic license test. Many stakeholders have commented that people do not have to demonstrate practical experience or practical knowledge of safe PWC practice and that the assessment should test the practical competency of the applicant. 3.5.2 Offshore operations The impetus for this endorsement came from suggestions at a number of public meetings. Stakeholders stated that if there were proven deficiencies in offshore operator skills or that serious incidents were occurring due to operator issues, an endorsement to the basic operator license may address this in preference to managing safety by putting limitations on the area of vessel operation. 3.5.3 High speed vessels For the purposes of this endorsement proposal high speed has been defined as greater speeds than 40 knots. High speed represents a high risk and if an incident occursthere is greater likelihood of serious injury occurring to participants and those nearby at the time. Stakeholders agreed that an endorsement for operators of vessels capable of travelling at high speed should be examined. It is noted that a majority of vessels travelling at these speeds are PWC’s whose operators are already required to hold a PWC endorsement. A separate high speed endorsement would not be required for PWC use but would be required as an additional endorsement should a holder of a PWC endorsement operate a conventional high speed vessel. 3.5.4 Towed water sports Due to the number of serious injuries caused to persons engaged in towed water sports it is considered that a licence endorsement for vessel operators may provide a means to reduce the risks associated with these sports. As licensing is aimed at improving the ability of the boat operator, one key issue is to identify which actions are within the control of the operator and which are within the control of the towed person(s). Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 3.5.5 Vessels carrying more than 12 passengers When developing the bow ties the following assumptions were made: Masters of vessels carrying a high passenger numbers may require different or additional skills to those of vessels with carrying fewer persons. Vessels with large numbers of passengers potentially face increased consequences if they capsize or are involved in collisions due to the need to manage the safety of a large number of persons. The master requires not only vessel management competencies but also personnel safety management knowledge. ff That the suggested defences and mitigations are fully effective. Should the risks indicate an endorsement is required an appropriate knowledge and/or training requirement may provide operators with the necessary skills. ff That exposure to this latent risk is lower than ordinary day to day activities as recreational boating is a discretionary activity. Note on Restricted licence holders Currently restricted licence holders are permitted to operate a PWC unsupervised, provided they do not exceed 10 knots. Many exceed this speed limit. A restricted operator may operate at speeds up to 20 knots if accompanied by a licence holder aged at least 16 years. It is proposed that restricted operators may be permitted to operate any vessel requiring an endorsement provided they are at all times supervised by an adult operator (18 years or over) who can assume responsibility for the vessel and who is situated on the vessel at all times while it is in operation. An alternative is not to permit restricted operators to drive any vessel where an endorsement is required. This may be too draconian given the lack of evidence that this group causes major problems. It would reduce the opportunity to teach restricted licence holders safe operations when carrying out high risk activities which attract endorsements. 3.6 Endorsement assessment In examining the suggested endorsements the following process has been used where appropriate. 3.6.1.1 Examination of data Historical data on incidents, fatalities and injuries has been examined to see if sufficient evidence exists for an endorsement. 3.6.1.2 Risk assessment and Bow tie modelling The bow tie models in Appendix 4 were developed by the Department of Transport and verified at an industry workshop. From these a list of elements was developed which form the basis of the syllabus for each endorsement. These are included within the relevant sections. ff That an effective enforcement strategy is in place. ff That society accepts that the level of latent risk for recreational boating activities is higher than for ordinary day-to-day activities and that fatalities may be a consequence of the activity. The bow ties illustrate the mitigations and defences in context. Those factors which are ‘human’ in nature where knowledge and skills are required are listed in the accompanying table which orders them according to the National Competency framework. 3.6.1.3 Aggregation of defences and mitigations Defences are things put in place to prevent an event from occurring. Mitigations are things put in place to reduce the severity of the outcome of an event if it occurs. There a number of interventions within the regulatory system that provide defences and mitigations. These include: ff Licensing and endorsements ff Safety equipment ff Safety infrastructure such as radio communicationsnetworks and search and rescue capability ff Education and training; and ff Information. The actual outcomes of an event will depend upon not only the effectiveness of each defence and/or mitigation, but the aggregation of all defences and mitigations. Should one fail hopefully another will remove the threat. Fatalities and serious injuries occur when all defences and mitigations fail. In this model, we are assuming that an endorsement will not be the sole defence or provide the sole mitigation. 3.6.2 Cost benefit assessments A model for cost benefit analysis was developed, detailed in Appendix 4. Where it is determined that an endorsement may be required this is used to estimate the costs and benefits associated with each option which has been developed for the endorsement assessment. Chapter 3. Licence Endorsements 59 3.7 Personal Water Craft (PWC) Endorsement 3.7.1 Nature and extent of problem 3.7.1.1 Background PWCs or jet skis are the fastest growing form of watercraft with registrations in Victoria increasing four or five fold during the past decade to more than 14,000 vessels currently. There is some evidence that many Victorian PWC operators do not abide by the current regulations and / or are not able to operate their craft in a safe manner. Some of the current regulations reported as being ignored by a number of PWC riders include: ff distance off i.e. both other riders and vessels, as well as the waters edge; ff speed restrictions; ff noise pollution; 3.7.1.2 The current mitigations against the risks associated with operating PWCs contained in Victoria’s Marine laws include: ff Licence applicants must pass an additional 15 question multiple-choice test to obtain a licence endorsement to allow operation of a PWC. These questions are drawn from a bank of 19 questions based on a 4-page section of the Victorian Recreational Boating Safety Handbook and cover topics such as: ff Towing rules ff Navigation lights ff Collision regulations ff Maintaining steering control ff Distance off rules. ff Zoning and speed limits 3.7.1.3 ff towing and overloading. The conclusions reached by a series of marine safety reports in relation to PWC related injuries suggest that injury numbers and severity could be reduced by: ff improving the skills and safety knowledge of PWC operators, ff increased compliance with safety requirements, including speed limits, ff better protective equipment, and ff improved safety design of craft. Targeted licensing by the use of an endorsement for PWC masters is used as way to improve the situation. The current PWC endorsement requires the successful completion of a knowledge test which is completed at the same time as a general operator’s boat licence test. It should be noted that whilst many complaints against PWC operators reflect poor behaviour and or deliberate non-compliance with current regulations, licensing is not the solution to these issues. Recent legislative changes resulting in the Hoon Boating laws, coupled with increased enforcement of regulations, are directly aimed at reducing these behaviours to an acceptable level. 60 Current mitigations Safety equipment requirements Towing of water skiers, wake boarders etc. PWCs are able to tow, providing the towing operation meets the towing requirements specified in the marine regulations. The potential use of a towing endorsement is discussed else where and would apply to the master and operators of PWCs undertaking towing should such an endorsement be required by the regulations. 3.7.2 National and international comparisons 3.7.2.1 Other jurisdictions Within Australia, where the requirement for a license exists for recreational boat operators to hold a boat operator licence, jurisdictions usually require the operator of a PWC to be licensed or have their licence endorsed. This is achieved through successfully passing a test. The table below summarises requirements for each Australian jurisdiction. Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Table 20 - PWC licensing requirements within Australia Jurisdiction Intervention Victoria Knowledge test. Queensland Queensland has the most comprehensive test for PWC operators, unit 7 of the Queensland Boatsafe scheme. This involves a 2 to 3 hour training course which includes practical onwater assessments. Applicants must also successfully complete the 6-hour Boatsafe course for general recreational vessels. Tasmania Completion of a PWC training course Western Australia Considering a PWC practical test NSW In addition to the basic boating licence the applicant has to complete an additional knowledge test to obtain a PWC endorsed recreational boating licence South Australia Allows persons holding a general boat licence to operate PWCs but does not allow the operation of PWCs by special permit holders i.e. 12 to 15 year olds. 3.7.2.2 Harmonisation issues Due to the different PWC licensing arrangements between Victoria and bordering States some issues have arisen which highlight a lack of harmonised arrangements. South Australia has noted an inconsistency where Victorian restricted licence holders with a PWC endorsement have been allowed to operate on South Australian waters under the mutual licence recognition arrangements when South Australian residents of the same age are prohibited from operating. NSW has publicly stated that as a result of issues on the River Murray harmonisation of Victorian requirements with their own would be beneficial as this would increase operator competencies via a common information package. 3.7.3 PWC incidents, fatality and injury trends 3.7.3.1 Serious incidents within Victoria In Victoria during the 6 years from 2003/4 and 2009/10 there were 40 PWC incidents that resulted in serious injury. The incidents included: ff Eleven incidents were high speed collisions between PWCs ff Two incidents occurred as a result of people coming off their PWC after getting caught in the wash of other vessels ff Two of the injuries were caused by explosions. From these we have identified the following contributing factors: ff Error of judgement was a factor in 13 of the 26 incidents. ff Excessive speed was a factor in 12 of the 26 incidents. ff Inexperience was a factor in 12 of the 26 incidents. ff Failure to keep a proper lookout was a factor in 7 of the 26 incidents. Given the nature of these craft and the way they are operated it is suspected that speed would be a factor in most of the incidents. Of the serious PWC incidents where MUARC have included narratives of incidents, speed was a major factor. 3.7.3.2 Serious PWC incident case studies The following illustrate some typical PWC incidents which have occurred. These incidents are sourced from a number of Australasian jurisdictions and illustrate how incidents have much in common regardless of where they occur. ff Two incidents occurred as a result of a collision with a boat and a PWC ff Two incidents occurred as a result of a collision with a tree ff Two incidents occurred as a result of a PWC grounding Chapter 3. Licence Endorsements 61 Case study 1 Case study 3 On June 13, 2009, in Auckland Harbour New Zealand there was an incident involving a PWC in a race colliding with an observing New Zealand Coast Guard rescue vessel. Due to a procedural failure the NZCG vessel was unaware there was a race being staged and proceeded through the course heading to a predestined training area. The briefing before the race made participants aware that the course was not closed. On the 21st. December 2010 an incident on the Swan River near Perth, Western Australia, saw one PWC collide into another, severing a leg from the second PWC rider. The cause, although not stated, was likely to be from lack of attention to the vessels in the vicinity. The look out on the NZCG vessel detected the PWC approaching at high speed from the port side and noted the PWC was on a collision course. The master of the NZCG vessel expected the PWC to give way as it was supposed to do under the collision regulations. With the PWC at a distance of around 150 metres he sounded a number of short blasts from the NZCG vessel’s horn to warn the PWC rider of their presence believing that his vessel, being the stand on vessel, could maintain her course and speed as required under the International Maritime Collision Regulations and that the PWC rider would give way as she was supposed to. The PWC rider did not give way and the NZCG vessel subsequently collided with the PWC while making a last moment hard turn to starboard. The PWC rider suffered a fractured ankle and several fractured ribs as a result. In 2007 near Bribie Island, in Pumicestone Passage along the coast of Queensland, a PWC carrying a 9 year old girl and a 10 year old boy as passengers hit a navigation pole causing both the children to be thrown off the PWC. The 9 year old girl was killed and the 10 year old boy suffered serious injury. The driver of the PWC was unlicensed. Case study 5 In 2007 in Queensland a hired PWC collided with the anchor chain of a moored vessel and the operator died. It was concluded that the operator ‘did not possess the necessary skills to successfully navigate past a moored vessel’. One of the coroner’s recommendations was that all persons who use a PWC in Queensland be licensed Case study 6 During investigation the PWC rider stated she had not seen the NZCG vessel and that raised the question over whether she had kept a proper look out as required under the International Maritime Collision Regulations. The rider of the PWC also stated that ‘in a straight line, you’re obviously concentrating pretty hard on what you’re doing’. The rider was wearing a helmet which restricted lateral vision unless the head was turned left or right. In Victoria two PWCs were travelling in the same direction on Lake Nagambie, one following close behind the other. The lead PWC deliberately turned to throw up water onto the following PWC. It is alleged the forward motion of the lead PWC was either stopped or slowed and the PWC at the rear came through the water and hit the back of the lead PWC. The operator of the lead PWC had fallen off the PWC just prior to the collision and was struck by the other PWC, he sustained serious spinal injuries and was transferred to Northern Hospital. Case study 2 Case study 7 In 2007 a PWC struck a swimmer at a popular beach in New Zealand and the swimmer suffered a fractured right scapula along with 3 broken ribs. In Victoria a PWC with 3 persons on board executed a long turn to starboard (speed unknown). A second PWC, that was travelling much faster, struck the first PWC on the starboard aft quarter, hitting the rear two occupants of the first PWC. All persons were thrown into the water. The operator of the second PWC checked that there were no life threatening injuries and rode away. The first PWC returned to shore, the Surf Life Saving Patrol provided first aid and the ambulance was called. The skipper (master) pleaded guilty to not keeping a proper lookout and admitted his sun glasses had some sea spray on them as well as some sun strike. He further admitted to periodically looking around to see where a companion, also riding a PWC, was located. He also convicted of not operating at a speed that would have allowed him to take action to avoid a collision, as he was near or in a speed restricted zone and within 50 metres of a person in the water. 62 Case study 4 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Table 21 - PWC incident causal factors Causal Factor identified Possible causal factor type Expectation that other vessel would give way according to rules of the road Error of Judgement on other vessel Expectation that sound signal would alert other vessel operator to danger Error of Judgement on other vessel Delay in taking avoiding action when operator of other vessel failed to give way Error of Judgement on other vessel Restricted vision due to helmet Error of Judgement, Failure to keep a proper lookout Not keeping a proper lookout Failure to keep a proper lookout Equipment (sunglasses) causing vision impairment Error of Judgement, PWCs operating in close proximity Error of Judgement Young persons operating PWC Error of Judgement, Inexperienced operator operating PWC Inexperience, Error of Judgement Typical features of these PWC incidents are that they occur at high speed and involve collisions. Typical causal factors are errors of judgement, lack of proper lookout and inexperience. 3.7.3.3 Fatalities Of the 48 recreational boat fatalities recorded over the past 8 years only one PWC related fatality has been recorded in Victoria. The fatality occurred in April 2004 and involved a 29 year old unlicensed and inexperienced male operator. Whilst operating the PWC in a swell outside a sheltered cove about 300m off Port Fairy Lighthouse the deceased rode at speed into a large crashing wave resulting in a heavy crash. The deceased was rendered unconscious – probably from his head impacting the PWC - and drowned. The coroner’s report noted that the PFD type 3 worn at the time did not place the deceased in a safe floating position and recommended a review of the PDF wearing requirements for PWC operation, particularly in open waters. Holding a license may have reduced the risk as the material supporting the issue of an RBOL includes discussion on operating vessels in breaking waves. A practical PWC endorsement including operating a PWC may further reduce the risk in similar circumstances. In addition in 2001, there was a PWC fatality on the Goulburn River. The following extract from a joint MSV Coroners report demonstrates the incident resulted from the operator having insufficient knowledge and skill9. This fatality resulted from drowning which was not intrinsically linked to the use of the PWC. The Coroner made the point that the deceased did not have a Recreational Boat Operator Licence, nor did he have the PWC endorsement. 9 “Recreational Vessel Fatalities in Victoria 1999–2002” A joint initiative of the State Coroner’s Office, the Department of Human Services and Marine Safety Victoria. Compiled by Lyndal Bugeja, Injury Prevention Research Officer, September 2003. Chapter 3. Licence Endorsements 63 Goulburn river incident There was one incident involving a PWC. The deceased was going for a ride up the Goulburn River when he collided with another vessel (a ski boat). The deceased suffered a head injury and was unconscious when he was thrown into the water. The deceased was wearing a PFD at the time of the incident and alcohol had not been consumed. An investigation by the water police concluded that the incident was a result of human error, primarily inexperience and excessive speed. The investigating police member noted the following in part: • Contrary to the practices of good seamanship, the operator of the PWC [deceased] did fail to maintain sufficient throttle, thereby reducing his vessel’s ability to manoeuvre and avoid collision with vessel; • Contrary to the practices of good seamanship, the operator of the PWC [deceased] did fail to make proper allowances for his inexperience on these high performance craft in that he failed to maintain minimum vessel separation; • Contrary to the provisions of the Marine Act, Schedule 1, Rule 7, Section (a), International Collision Regulations, the operator [deceased] did fail to use all means appropriate to the prevailing circumstances and conditions to determine if risk of collision exists before executing a turning manoeuvre. (If there is any doubt, such risk shall be deemed to exist); Both cases suggest that increased competency resulting from more vigorous licence testing could have reduced the likelihood of the incident becoming a fatality. 3.7.3.4 PWC Injuries The following figure is derived from the MUARC reports into Marine Safety in Victoria, and shows in absolute terms how the number of injuries sustained by those involved in PWC operations has changed over the financial years 2003/4 to 2009/10. For comparison it also includes the total recreational boating injuries and the percentage of the total which is PWC related. Conclusions reached are: ff There is an upward trend in all vessel injury numbers. ff There is an upward trend in PWC injury numbers. ff There is a small upward trend in the percentage of injuries which PWC injuries make up compared to the total. The above factors indicate that not only are PWC injuries increasing but they form an increasing proportion of the total. Both trends illustrate that current interventions may not be as effective as they need to be. • Contrary to the provisions of Notice No. 1, under Section 15(2) of the Marine Act 1988, the operator of PWC [deceased] did fail to operate his vessel at a speed not exceeding 5 knots within 50 metres of another vessel. 64 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Figure 18 - Summary of PWC injury numbers compared with all injuries numbers sustained by recreational boaters 2003/4 - 2009/10 14.00% 1200 12.00% 1000 10.00% 800 8.00% 600 6.00% 400 4.00% 200 2.00% 0 0.00% 2003/4 2004/5 2005/6 2003/4 2006/7 2004/5 2007/8 2005/6 2008/9 2009/10 2006/7 2007/8 2008/9 2009/10 PWC injuries 51 71 93 80 118 118 117 Rec. boat injuries 535 725 947 902 899 995 1097 9.00% 9.70% 9.80% 8.80% 13.10% 11.80% 10.60% % of PWC injuries to rec. boat injuries PWC activities cause injuries resulting in hospital admissions and presentations. The following points come from the MUARC marine safety reports and exposure report. ff PWCs represented 8.1% of registered vessels in 2008/9. ff From the exposure report PWCs represented 5.% of vessel trips, 3.7% of person trips, 4% of on water vessel hours and 3. % of on water person hours. ff In the five year period between 2003/4 and 2007/8 PWC injuries represented an average of 17% of all boating hospital admissions. ff PWC related injuries accounted for 13% of recreational boating hospital-treated injuries in 2007/08. In total there were 118 PWC related injuries which resulted in 59 admissions and 59 ED presentations. Most of these injuries occurred as a result of ‘onboard incidents’ and falls, although it is noted that there appears to be a lack of commonality between the cause descriptors used to record the hospital and ED outcomes. ff 26 PWC incidents resulted in serious injury in Victoria over the period 2003/4 to 2007/8. ff Injuries in PWC riding have been trending upwards over the last 6 years. ff Most of the injured were males and almost 80% were aged between 15 and 34 years. Chapter 3. Licence Endorsements 65 The MUARC reports list the major causes of injury from PWCs in Victoria over a seven year period as: ff Falls from the PWC (33%) ff Being struck by/colliding with an object (in most cases their own PWC or another PWC) (30. %). The percentage of PWCs to overall boat registrations is between 6% and 7%. When related to the numbers of injuries caused by PWC activities this clearly reflects a disproportionate representation of PWC operators being injured. Figure 19 - Trend in hospital-treated recreational boating injury by watercraft/activity, Victoria: VAED and VEMD 2003/4 – 2009/10 (n=6,076) 600 500 400 Towed water sports Motorboating/boating unspecified PWC riding Sailing Wind/Kite surfing Fishing from a boat Paddle craft 300 200 100 0 2003/4 2004/5 2005/6 2006/7 The figure above summarises the past 7 years of injury data for all recreational vessels and illustrates the changes in injuries for a number of activities including PWCs. The other major activities which are carried out and cause injury are towed water sports (which account for 9% of vessel trips but 50% of injuries) and general boating (86% of vessel trips and 34% of injuries). It indicates that the number of PWC injuries is plateauing but that they are still at a level of concern and improvement should be sought to reduce these numbers. 3.7.3.5 Age and experience of injured parties One pointer to whether licensing is an appropriate mechanism for managing incident and injury reduction is whether incidents are due to inexperienced and/or immature operators. Incident records do not record experience levels of operators. However hospital records do include the age of the person treated which in the majority of cases is probably the operator and can be used as a loose proxy for experience. The table below summarises the number of injuries in relation to the age group of the injured party. 66 2007/8 2008/9 2009/10 Table 22 - Number of injuries compared to age of operator Age of injured party PWC riding (n=647) N % 0-14 29 4.5 15-29 309 47.8 30-44 206 31.8 45-59 89 13.8 60+ 14 2.2 Total 647 85.1% of injuries are to persons under 44 and 52.3% to persons under 29. This is an expected result, as PWCs attract young fit operators and young families They are a relatively inexpensive form of recreational boating which is attractive as an entry level vessel. The high percentage of young people being injured may indicate that an improved endorsement will help reduce incidents and injury. The endorsement will be taken by persons starting out in PWC operations and will directly target the inexperienced. Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 3.7.3.6 Injury types The cause of injuries is recorded as part of the data set. The table below summarises this information for PWC riding incidents. Table 23 - H ospital-treated recreational PWC-related injury by nature of injury over 7 years 2003/4 – 2009/10 Injury cause PWC riding (n=647) Fractures, dislocations and soft tissue injuries make up 49% of injuries. The MUARC follow up study interviewed 7 PWC operators who had sustained injuries and the 7 PWC riders reported 8 injuries with one rider identifying 2 separate injuries from the same incident. The 6 riders that suffered single injuries sustained the following: ff a bump to the neck that caused temporary paralysis; N % Fall 135 20.9 Hit/struck/crush 127 19.6 Transport/craft accident 156 24.1 Cutting/piercing 9 1.4 ff concussion; Near drowning 22 3.4 ff compound finger fractures; and Fire/burn/explosion 2 0.3 ff facial bruising. Other specified 148 22.9 Unspecified 48 7.4 ff fractured coccyx; ff dislocated shoulder; The seventh suffered multiple injuries including concussion and facial cuts/bruising. Falls and being hit/struck/crushed are high on the list of injury causes. PWC incidents often occur at high speed and it is likely that the severity of the impact leading to the injury will result in these injuries being relatively serious. These single injury types indicate the severity of many injuries, the significants of which may be easily overlooked if are only examining the high level injuries. The types of injury recorded are listed below. The table below derived from that table in Appendix 6 summarises the number of major injuries (hospital admissions) and minor issues (emergency department presentations) from PWC activities over the period from 2003/4 to 2008/9. It compares the PWC outcomes with all vessel outcomes and shows that 16% of major injuries, 8% of minor injuries and 10% of all injuries over the six years resulted from PWC incidents, Table 24 - Hospital-treated recreational PWC related injury by injury type over 7 years 2003/4 – 2009/10 Injury type PWC riding (n=647) N % Fracture 185 28.6 Dislocation/sprain/ strain 99 15.3 Open wound 104 16.1 Intracranial 22 3.4 Injury to muscle/ tendon 37 5.7 Superficial injury 55 8.5 Other 123 19.0 Unspecified 22 3.4 3.7.3.7 Cost of admissions Given that PWC registrations are approximately 6.3% of the total and PWC activity is 5% of all vessel trips., PWC activities are over represented in the injury statistics. Appendix 6 discusses how the injury costs were derived for the purposes of this report. These values are: ff The average cost of a hospital stay up to 7 days is $5000 ff The average cost of hospital stays > 7 days is $147,600 Chapter 3. Licence Endorsements 67 Table 25 - PWC related injury admissions period 2003/4-2008/9 2003/04 2004/05 2005/06 2006/07 2007/08 2008/09 Annual average Major injuries ($147,600 per incident) PWC PWC major injury Costs Total incidents Total Costs ($m) 22 34 39 29 59 46 38 $ 3,247,200 $5,018,400 $ 5,756,400 $ 4,280,400 $8,708,400 $6,789,600 $5,608,800 156 211 244 223 298 284 236 $23.03 $31.14 $36.01 $32.92 $43.98 $41.92 $34.83 30 36 56 54 59 71 51 $ 150,000 $ 180,000 $ 280,000 $ 270,000 $ 295,000 $ 355,000 $ 255,000 Minor injuries ($5,000 per incident) PWC PWC minor injury Costs Total incidents Total Costs ($m) 379 514 703 679 810 711 633 $1.90 $2.57 $3.52 $3.40 $4.05 $3.56 $3.17 The cost of major injuries (hospital admissions) from PWC incidents/accidents for the years 2003/4 and 2008/9 is estimated at $33,800,000 an average of $5,608,800 per annum. The cost of minor injuries (hospital emergency department presentations) from PWC incidents/ accidents for the years 2003/4 and 2008/9 is estimated as $1,530,000, an average of $255,000 per annum. 3.7.3.8 Summary of fatalities and injuries PWC incidents tend to occur at high speed with severe impacts. Fortunately the number of PWC fatalities has remained low with only a single fatality over the past few years. However there has been an upward trend in PWC injuries and injury rates since licensing was introduced in 2002/3 and this remains a concern. PWC activity will always be a higher risk activity when compared to general boating due to the high speed operation of these vessels. While PWC activity may seem unimportant compared to other boating activities due to the lower number of participants, the relatively high rate of injury, the numbers of injuries, the types of injuries and costs to society demonstrate that PWC incidents are a major cause of concern and cost effective actions are required to reduce injury rates and costs. 3.7.3.9 Is there a distinct skill set required to safely operate a PWC? ff The following unique characteristics of PWCs and their operation suggest that a distinct skill set beyond that required for standard recreational boat operations is required for operation The speed at which a PWC can be operated (up to 120kph – approx 65 knots) considerably reduces the time in which an assessment of a risk of collision can be made and evasive action can be taken. 68 ff Operating vessels at such speeds leads to ‘tunnel vision’ and an inability to see crossing hazards ff There is a loss of steerage when power is taken off while operating a PWC. This causes problems as the natural reaction when an operator encounters a problem is to take the power off and then attempt to turn to avoid the incident. Doing this on a PWC will instead result in the PWC going straight on, as some power is required to turn a PWC. ff The relatively small size of PWCs makes them more susceptible than standard recreational vessels to the effects of wash from other vessels operating nearby. ff PWCs do not offer the same level of protection from collision impact as standard recreational vessels. The occupant(s) are directly exposed to crushing and being ejected from the PWC. 3.7.3.10 PWC operations from a risk perspective A risk assessment of vessel and PWC operations was carried out to look at the problems of operations from a risk perspective rather than merely looking at past evidence in the form of incident, fatality and injury data. Appendix 4 details the bow tie analysis carried out to look at recreational vessel operations from a risk perspective. It includes a table which summarises outcomes from external workshops as well as from analysis carried out by the Department of Transport. Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Conclusions drawn from the above are: ff That the current PWC interventions do not adequately ensure that operators are competency trained. A basic marine licence test addresses issues such as rules of the road and legal requirements but it does not address the particular operational issues associated with PWCs. ff That these issues generally relate to National Competency 2 – Safe Operations. ff That operational issues need to be adequately covered by the licensing scheme. ff That options for addressing these operational issues are to: –– Provide improved, targeted information to PWC Masters –– Require applicants to undertake a knowledge test. This test should expand the scope of the the current PWC knowledge test. –– Require applicants to undertake practical training. 3.7.4 The following options have been developed for testing for a PWC endorsement. Note In considering the options, a decision was made not to include a log book or a training only option. These were discarded as it was felt that an assessment or testing should be mandatory as part of the requirements. A logbook or training option were not considered to achieve a result consistent with the objective of demonstrating skills. 3.7.5 The base case assumes that there is a continuation of the current PWC endorsement requirement from the date that the Marine Safety Act 2010 comes into force. An applicant is issued with a PWC endorsement provided he or she: ff Holds a marine licence; and ff Successfully completes a knowledge test on material contained within the Victorian Recreational Vessel Safety hand book. The knowledge test may be undertaken either at VicRoads or at a Registered Training Organisation which has a Service Level Agreement with Transport Safety Victoria to provide knowledge testing. The test consists of 15 multiple choice questions, of which at least 13 must be answered correctly. Questions are derived from information on state rules and the regulations governing PWC use. Option 1 - Base case PWC endorsements have been required for Victorian recreational boat operators since 2002. This option would maintain the current model which is a knowledge test based on boating information contained in the current recreational boat operators hand book. If the current system is maintained, current safety outcomes would be expected to be maintained with increasing injuries and the occasional fatality, in the absence of other types of intervention. 3.7.6 –– Require applicants to demonstrate a level of experience through a logbook or practical assessment. 3.7.3.11 Base case – current PWC endorsement Options Option 2 - Improved PWC information with improved knowledge test based on this information The risk analysis and resulting matrix in the previous table provided a list of elements for PWC endorsement. This matrix includes a list of improved information which needs to be provided by the Safety Director and a list of items which an improved test should give. These are: ff Impact of boat use on others and the environment* ff Handling a vessel at speed and turning at speed ff ‘Defensive Operation Skills’ - understanding operational hazards and how to reduce the likelihood of them becoming a risk, including operating at night* ff Skills for taking evasive action while towing skiers, wake boarders etc. ff Understand risks of high speed operation* ff Understanding the physics of towing someone* ff Education about appropriate speed for conditions* ff Collision avoidance techniques to be applied when required in accordance with relevant legislation, recognised regulations and rules ff Importance of having spatial awareness* Chapter 3. Licence Endorsements 69 ff Understand loss of steerage occurs when power is taken off PWC* ff Understand that PWCs are more susceptible to the effects of wash from other vessels ff Understand that PWCs do not offer the same structural protection from collision impacts as other vessels The items marked with * can be tested through improved information being available. As an alternative to developing new material for Victoria, the NSW package which includes 2 DVD’s containing PWC specific information could be adopted. 3.7.7 Option 3 - Improved PWC information via DVD or similar mechanism with improved knowledge test based on this information and a practical assessment Option 3 would expand Option 2 to include a practical assessment. The assessment would include: ff Handling a vessel at speed and turning at speed. 3.7.8 Summary of options Option 1 represents Victoria PWC endorsement as of 31st. June 2011 and under current legislation. The outcomes associated with this intervention are improved information for PWC operators. Option 2 enhances 1 by improving delivered information along with improved knowledge testing would deliver more competent operators. The broadened scope of knowledge testing aims to address the human factors which contribute to collisions and drowning. An improved knowledge test would benefit PWC operators understanding of boating rules and PWC operations, but it would not, of itself embrace the operating skills of PWC masters. Option 3 is a combination of option 2 with a practical assessment in addition to the improved knowledge test. A practical assessment would give the new operator the opportunity to demonstrate practical skills and also discover any areas they are not competent in. This would ensure the new operator is aware of areas in which they need to improve their skills. The outcome from option 3 would be more skilled and more knowledgeable operators, creating a safer environment to operate in for everyone. ff Skills for taking evasive action while towing skiers, wake boarders etc.* ff Understanding the risks of high speed operation. ff Understanding the physics of towing someone.* ff Importance of having spatial awareness. ff Understand loss of steerage occurs when power is taken off PWC. ff Understand that PWCs are more susceptible to the effects of wash from other vessels. *Note that should a towing endorsement be prescribed that these issues would be dealt with within a towing endorsement. The Queensland PWC practical assessment model could be used as the basis for a Victorian practical assessment. 70 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Human Factors Incident types Syllabus of Test OPTION 1 OPTION 2 OPTION 3 • Knowledge only gained from recreational hand book and no skills gained. • Improved information resulting in extra knowledge gained on top of information in recreational boating book. • Improved information resulting in extra knowledge gained on top of information in recreational boating book. • Improved knowledge assessed by knowledge test. • Improved knowledge assessed by knowledge test. • Skills demonstration from DVD or similar mechanism. • Skills demonstration from DVD or similar mechanism. • Knowledge assessed by knowledge test. • Skills tested by practical assessment. Collision avoidance techniques are applied when required in accordance with relevant legislation, recognised regulations and rules. Collision, capsize, • Yes • Yes • Demonstrate ability to manoeuvre a PWC smoothly while operating at various speeds. • Demonstrated ability to adequately determine a speed of 5 knots. −− Demonstrated ability to adequately determine a distance of 50m. −− Demonstrate a proper lookout. Training is given on handling a vessel at speed and turning at speed • Yes Understanding risks of high speed operation • Yes Education about appropriate speed for conditions • Partially • Yes Importance of spatial awareness • Partially • Yes • Yes • Yes Understanding loss of steerage occurs when power is taken off Collision, capsize • Yes Chapter 3. Licence Endorsements 71 Human Factors Incident types Skills for taking evasive action while towing a skier, wakeboard etc. Collision with fixed object or other vessel/skier OPTION 2 OPTION 3 • Yes • Yes PWC’s do not offer the same structural protection from collision impacts • Yes • Yes Understanding physics of towing someone • Yes • Yes • Yes • Yes • Yes • Yes PWC more susceptible to the effects of wash from other vessels OPTION 1 Capsize “Defensive operation skills” – understanding operational hazards and how to reduce the likelihood of them becoming a risk (also to include operation at night 3.7.9 Cost Benefit Analysis In order to objectively examine the options a cost benefit assessment has been carried out. Appendix 6 contains full details of the cost – benefit methodology and includes the calculations which lead to the values presented here. The options were assessed by calculating benefit – cost ratios (BCRs). Benefits were estimated in terms of the value of reduced injuries, fatalities and property damage which could be attributed to the general licence test. Costs were estimated based on the costs of implementing the various possible licensing regimes. Forward projections of the benefits were calculated based upon two models ff The average values of the past data being used to estimate future values ff The trend values of the past data being used to estimate future values. The actual BCR value is hard to determine as it will depend whether trend based future values or average based future values will dominate the future benefits. In order to resolve this BCR ranges for each delivery option assessed are used. It is assumed that the realised BCR value would lie somewhere within this range which is bounded by the average and trend values. Therefore the net present values of these two sets of benefit estimations were used along with the net present value of the estimated future costs to determine benefit-cost ration (BCR) values. 72 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Table 26 - Summary of BCR results for PWC licensing endorsement options PWC endorsement Enhanced information Knowledge test enhancement 4.01% Logbook Practical test 9.14% 24.91% PWC endorsement Trend based 1.89 1.56 PWC endorsement Average based 1.0 0.9 The first line of Table 26 above shows the estimated reduction in injuries that differing delivery options could deliver. As expected the reduction in injuries by completing a practical test is expected to be higher than for an enhanced knowledge test and improved information alone. Training Training and test The table also shows the BCR values which have been estimated for each option and which are also shown in Figure 20 below. The ranges show that the range of estimated BCR values range from .9 to 1.89. This indicates that it is highly probable that an intervention will have greater benefit than the costs to deliver the benefit. These results mean that these results support improved licensing reforms for PWC operators on a purely economic basis. Figure 20 - BCR ranges for investigated PWC options Range of BCR values between values based on long term trends and values based on long term averages for PWC operation 2 1.8 1.6 1.4 1.2 1 0.8 0.6 0.4 0.2 0 Enhanced Knowledge The above values were further weighted based upon any changes to the base licence method. It was felt that an improved basic licensing regime (should one be implemented) would have the effect of reducing the effectiveness of an improved PWC endorsement. The table below illustrates this with some examples of how the range of BCR values could be assumed to change with differing improved basic licence delivery options. Practical Test This table illustrates that any changes to basic licence would make any PWC endorsement changes more marginal. Thus should changes to a basic licence scheme materialise then their effect on any changes to the PWC endorsement will need to be further examined. Chapter 3. Licence Endorsements 73 Table 27 - PWC endorsement BCRs weighted for overlap due to licence method Weight due to base licence method No change 0% Enhanced knowledge test 5% Training or logbook 10% Practical Assessment 15% Training plus Assessment 20% 1.89 - 1 1.80 - .95 1.70-.9 1.61- .85 1.51 - .80 1.56 - .90 1.48 - .86 1.40 - .81 1.33 - .77 1.25 - .70 PWC endorsement Range of knowledge test BCRs – trend to average ‘trend’ model Range of Practical test BCRs – trend to average ‘trend’ model 3.7.10 Case for PWC endorsement improvements A PWC endorsement is aimed at improving the competency of PWC masters and operators and thereby reducing the human contribution to incidents. There is evidence that the current PWC licensing and endorsement regime could be improved. Current outcomes indicate that whilst PWCs make up a small percentage of the total number of registered vessels they are involved in a disproportionate number of incidents and injuries. The evidence which is used to make a case for PWC endorsement improvements is supported by the economic analysis which shows that some of the options suggested are economically justifiable. The following points summarise the case for an improved PWC endorsement ff That the current PWC interventions do not adequately ensure that operators are competently trained. A basic marine licence test addresses issues such as rules of the road and legal requirements but it does not address the particular operational issues associated with PWCs. ff That these issues generally relate to National Competency 2 – Safe Operations. ff That operational issues need to be adequately covered by the licensing scheme ff PWCs represented 8.1% of registered vessels in 2008/9. ff PWC operations represented 5.0% of vessel trips, 3.7% of person trips, 4.0% of on water vessel hours and 3.0% of on water person hours. . ff PWC operations are responsible for 16% of major injuries, 8% of minor injuries and 10% of all injuries over the six year the period from 2003/4 to 2008/9 ff Injuries in PWC riding have been trending upwards over the last 6 years. 74 ff Most of the injured were males and almost 80% were aged between 15 and 34 years. ff The cost of major injuries (hospital admissions) from PWC incidents/accidents for the years 2003/4 and 2008/9 is estimated at $33,800,000 an average of $5,608,800 per annum. ff The cost of minor injuries (hospital emergency department presentations) from PWC incidents/accidents for the years 2003/4 and 2008/9 is estimated $ 1,530,000, an average of $255,000 per annum. ff It is estimated that the number of injuries could be reduced by approximately 9% saving $527,742 should an enhanced knowledge test be introduced. ff It is estimated that the number of injuries could be reduced by approximately 25% saving $1,700.502 should a practical PWC operator assessment test be introduced. ff Benefit cost ratios (BCRs) for improving the knowledge test are positive ranging between 1.0 and 1.89. ff Benefit cost ratios (BCRs) for improving implementing a practical PWC operator assessment test are positive ranging between 0.9 and 1.56. 3.7.11 Recommendation Given the increasing trend in PWC related incidents and the move by a number of Australian jurisdictions towards practical testing for PWC operators, the introduction of a specific PWC knowledge test and practical test modelled on Unit 7 of the Queensland Boatsafe course to obtain a PWC endorsement in Victoria is recommended. Adoption of the proposal that restricted operators may be permitted to operate at any speed, provided they are at all times supervised by an adult operator (18 years or over) who will assume responsibility for the vessel as master and who is situated on the vessel at all times while it is in operation is also recommended. Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 3.8 Offshore operations endorsement 3.8.1 Nature and extent of problem These characteristics mean that support systems for offshore boaters such as safety infrastructure and communication points/facilities are important in ensuring that offshore operations can be carried out safely. 3.8.1.1 Background 3.8.1.3 The Victorian fleet which engages in offshore operation ranges from modern vessels designed and operated with offshore conditions in mind to vessels of many types and ages which may not be suitable for operating in other than optimum offshore conditions. Offshore vessel operations are defined as vessels operating greater than 2 nautical miles offshore. This aligns with the definition contained in the Victorian Recreational Boat Safety Handbook when specifying safety equipment. The majority of offshore activities undertaken are either fishing from vessels or vessels transiting along the coast. The amount of offshore activity has been reasonably constant although there has been an increase in activity due to tuna fishing off the western Victorian coast. This occurs seasonally from March until May and recent years have seen large numbers of vessels operating up to 50nm from shore. 3.8.1.2 Characteristics of offshore operation Victorian offshore waters are dominated by Bass Strait which stretches for approximately 240 km from east to west and is about 50 metres deep. The Victorian coastline consists of many cliffs to the west of Port Phillip and lower lying rocky shores and beaches to the east. Because of its limited depth, Bass Strait is notoriously rough. Treacherous winds and seas have caused many ships to founder on the numerous semisubmerged rocks and reefs within the Strait. Characteristics of Victorian coastal waters include: The infrastructure that is in place to support vessels in trouble Recreational vessels operating offshore are required to have safety equipment onboard including marine radios and Electronic Position Indicating Radio Beacons (EPIRBs). The following components make up the safety support infrastructure for vessels offshore: ff EPIRB monitoring is carried out by the Australian Marine Safety Authority (AMSA) in Canberra. ff Search and Rescue services are provided by helicopter and fixed wing aircraft, coastguard and water police vessels. ff Radio communication infrastructure, such as shore stations, is provided. At present they are limited as they do not meet national marine distress emergency management system standards. In recent years the Australian Volunteer Coast Guard Association (AVCGA) has implemented a state wide marine radio monitoring system. However this system does not monitor emergency frequencies on VHF 24/7. Increased investment is required to achieve a system which monitors VHF emergency services on a 24/7 basis. 3.8.1.4 Exposure to offshore operations To estimate the number of vessels operating offshore data from the MUARC vessel exposure report was used. The following 10departure point information has been collated to estimate offshore trip numbers. ff The average annual water temperature in Bass Strait ranges between 14 to 16 degrees Celsius. Estimates of survival times based on immersion in water at 15 degrees vary from just under 2 hours to 5 hours ff Vessels may operate to distances offshore exceeding 100 nautical miles at the east and west extremities of the State. ff There are a limited number of safe vessel access points. ff There are a limited number of safe havens to shelter in. 10 MURAC Powered Recreational Boating Exposure to Risk Survey: October 2008 to Septeber 2003. Chapter 3. Licence Endorsements 75 Figure 21 - E xposure of vessels operating offshore Departure Point Total Trips of surveyed fleet per annum % of total Assuming all trips were offshore Portland 77 1.7 Eden 29 0.7 Venus Bay 13 0.3 Port Fairy 9 0.2 Robertson Beach 7 0.2 Assuming 50% of trips were offshore Anderson Inlet 12 0.25 Port Albert 19 0.45 Corner Inlet 24 0.55 Assuming 25% of trips were offshore Other 256 5.25 Total 446 9.6 Based on the MUARC exposure report analysis that there were 5,833,482 exposure hours for Victorian recreational vessels per annum with average voyage duration of 5.9 hours, this translates into annual offshore exposure rates of 560,000 hours and 95,000 trips. 3.8.1.5 Non licensing interventions within Australia In Victoria there is currently no requirement for any special knowledge or skills in offshore operations to be demonstrated as part of the marine licence scheme. No other Australian jurisdiction intervenes in offshore operations by imposing an endorsement on the operator’s licence. Queensland encourages operators to contact the local marine volunteer rescue group and lists all the contact details in their Recreational Boating and Fishing guide. Victoria and Tasmania encourage the operator to advise someone of their trip plans and TSV used to provide a fridge magnet where the operator could record proposed trip plans and vessel details. All vessels going offshore are required to have a marine radio on board which may be either a VHF radio or a 27MHz radio. There are no operator requirements for a 27 MHz radio operator. VHF radios are part of the national framework for marine emergency distress communications requirements. VHF radio operators must be competent to operate a VHF marine radio. The Australian Communications and Media Authority (ACMA) require that a master must hold a Marine Radio Operator’s Certificate of Competency (MROCP/MROVCP) if the vessel is equipped with a HF or VHF marine radio. 3.8.1.6 Incidents in coastal waters Incident reports have been analysed to determine the numbers and types of incidents reported occurring offshore. A large number of incidents occur where vessels are disabled due to lack of fuel or an engine or electrical failure. It is easy to dismiss vessel disablements as being of little importance. However while disablements may not be life-threatening in themselves, a disabled vessel at sea can very quickly become a vessel in danger of serious harm. Capsizing and swamping happen very easily when a vessel is unable to manoeuvre or keep its bow to the sea. These circumstances often result in vessels taking on water or in vessels ending up broadside to the waves, broaching and subsequently capsizing. An endorsement suggested in the discussion paper was for licence holders who operate vessels greater than 2Nm offshore in Bass Strait to undergo specific training and/or assessment. In particular, it was suggested that licence holders be required to pass a competency-based test in the fields of navigation, radio communications and meteorology. A smaller number of incidents are reported as more serious either resulting in greater interventions to save vessel or property or in extreme circumstances requiring search or rescue resources to be activated. The Western Australian maritime agency restricts vessels under 3.75 metres from operating more than 5 nautical miles offshore. In addition, as a part of the practical assessment for their Skippers Ticket the operator must simulate notifying the local sea rescue organisation on departure and return. Victoria does have some interventions which help to manage the risks of offshore operation. These include: South Australia and NSW encourage the operators to advise the local volunteer rescue organisation of all trip plans. 3.8.1.7 Defences and mitigations in Victoria include; ff Basic licence for vessel masters. ff Marine education programs, including seminars. ff Information including national and state wide campaign materials. ff Search and Rescue organisations such as the Water Police and Australian Volunteer Coast Guard vessels and AMSA aircraft. 76 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 ff A (non Marine Distress Emergency Monitoring System compliant) VHF radio network, administered by the Australian Volunteer Coast Guard 24/7. ff Safety equipment. 3.8.1.8 Current safety equipment mitigations in Victoria Victoria currently regulates minimum safety equipment to be carried onboard mechanically powered vessels operating more than 2 nautical miles off the coast of Victoria. All such vessels on Victorian waters are required to carry: ff one PFD of a prescribed type per person; ff fire extinguisher(s) dependant on the length of the vessel and the amount of fuel carried; ff waterproof buoyant torch; ff bailer and/or bilge pump; ff bucket with lanyard; ff Two hand held orange smoke signals; ff Two hand held red distress flares; ff an anchor and chain or line or both. Based on vessel length there are also requirements to carry: ff oars or paddles for vessels under 4.8m; ff One lifebuoy if the vessel is more than 8m in length, or two if more than 12m; ff One dinghy or life raft if vessel is more than 12m in length. Additionally, all vessels that are operated in waters more than 2 nautical miles offshore have the following equipment requirements: ff Compass; ff Marine radio – 27MHz, HF or VHF marine radio transceiver; ff Red star parachute distress rocket; and ff Approved emergency position-indicating radio beacon (EPIRB). 3.8.1.9 Alternative safety equipment As part of the risk assessments a number of practical alternative mitigations were identified and. Mandating the following items warrants further consideration: ff GPS equipped 406 EPRIB’s to more accurately locate people in distress and, therefore, reduce rescue times; ff A second water removal system, (ie. an electric bilge pump backed up by a hand pump); ff A sea anchor which can be used to mitigate the chances of a vessel becoming broadside when it has lost power; ff Equipment to assist in man overboard retrievals eg ladder, safety scoop or Jacob’s cradle; ff A life raft (for vessels smaller than 12 metres); ff A radar reflector to enable ships and radar equipped vessels to more easily identify recreational craft. While collisions are not a major source of incidents offshore there have been examples of ships running down smaller vessels; ff A suitable tool kit and appropriate spare parts; ff A secondary source of power either by duplicate power supplies or through a back up power pack. Some of these options are further explored in the Regulatory Impact Statement for the Marine Safety Regulations 2011. 3.8.2 Indicators of recreational vessel risk in Victorian coastal waters The following discussion is the result of analysis of the known data relating to the level of risk involved in the operation of recreational vessels in Victorian coastal waters. Data was obtained from the Marine Safety System (MSS) database. Unfortunately there is a lack of more specific data of individual incidents is available for detailed analysis. 3.8.2.1 Fatal Incidents Throughout Victorian waters, the trend has been a reduction in fatality rates and increase in injury rates. Of eighteen reported incidents over the last 10 years that resulted in fatalities, only two incidents occurred more than two nautical miles offshore. Both offshore and inshore fatalities occurred primarily due to drowning. In the majority of cases PFDs were carried but not worn. Some incidents occurred on or close to bars where vessels capsized. Many other fatalities resulted from vessels which have capsized. This type of incident is not exclusively attributable to offshore operators as many of these vessels would have remained inshore after crossing the bar. Bar crossings do remain a source of danger and TSV put out educational material aimed specifically at crossing bars safely. The chart below summarises the offshore and inshore fatal incident data. The trend of fatality numbers over time coincides with the overall Victorian downward trend in fatality rates. Chapter 3. Licence Endorsements 77 Figure 22 - Graph of inshore and offshore fatality data 4.5 4.5 4 4 3.5 3.5 3 3 2.5 2.5 2 2 1.5 1.5 1 1 0.5 0.5 0 0 2001-2002 2002-2003 2003-2004 Fatal Incident (Offshore) 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 2009-20010 Total Fatal Incident (Offshore) 3.8.2.2 Incident Data The data set here was obtained from TSV in 2010 and contains data for all waters off the coast of Victoria, both inshore and offshore. The following tables summarise the information for the past 10 years. 78 Note that whilst accurate fatality data is available going back to 2001/2 incident data was only reliably researched from 2004/5. It must also be noted that the data from 2005/6 indicates higher levels than recorded in the initial discussion paper. This is primarily a function of improved data capturing by the authority. Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Figure 23 - Table of reported incidents of recreational vessels on both inshore (< 2 Nm from coast) and offshore Coastal Waters. Years from July 1 2001 – June 6 2010 Recreational Inshore (within 2Nm of shore) 20012002 20022003 20032004 20042005 20052006 20062007 20072008 20082009 20092010 Total 1 4 4 13 7 8 37 Cabin Cruiser Canoe Half Cabin 1 1 1 3 3 14 15 Houseboat 24 27 Kayak 1 1 2 3 16 2 3 Kite 3 Personal Water Craft 1 1 5 2 1 1 2 12 24 26 23 113 2 5 1 5 19 1 1 1 1 Trailer Sailer 1 Windsurfer 1 1 3 1 2 2 1 Yacht/Catamaran (off the beach) 1 1 3 2 Yacht (Keel Boat) 1 2 4 3 1 3 7 2 7 1 6 3 4 Undefined Undefined 11 7 34 4 4 8 21 7 5 18 15 48 48 76 73 76 366 20012002 20022003 20032004 20042005 20052006 20062007 20072008 20082009 20092010 Total 1 4 3 3 3 15 9 5 10 4 37 Cabin Cruiser 1 Half Cabin 1 Kayak 8 1 1 Open 1 4 4 3 Windsurfer 9 9 1 1 1 1 1 7 8 8 15 Undefined 1 3 3 26 30 1 1 Yacht/Catamaran (off the beach) Yacht (Keel Boat) 9 2 Raft Rowing Boat 106 1 1 Open Recreational Offshore (> 2NM off shore) 19 1 20 19 38 5 46 3 3 24 134 From the table above the following can be concluded: ff 73% of incidents occurred within 2nm of the shore (inshore). ff 75% of inshore and 61% of offshore incidents occurred in motorised craft without sails. ff Sailing yachts with keels have a high incident rate (34% offshore and 9% inshore). The offshore incidence is interesting. Many yachts traverse Bass Strait on interstate voyages without having any direct link with Victoria. Victoria does not have a VHF radio network along its coastal strip in the manner required by protocols set up by the National Marine Safety Committee. Many of these vessels rely on VHF communications for routine and emergency calls and may have been unable to communicate successfully. ff 8% of offshore and 2% of inshore incidents involved un-powered vessels. These vessels are not registered, nor are their operator’s licensed. Their primary safety mitigation is to carry safety equipment including the carrying of, and in some cases wearing, PFDs. ff It is possible, but not provable, that many of these vessels could have been involved in incidents which may have been preventable had adequate emergency communications been available. Chapter 3. Licence Endorsements 79 Powered Recreational Vessel Offshore Incidents Number of incidents 1600 1400 1200 1000 800 600 0 2001-2002 2002-2003 2003-2004 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 2009-2010 Cabin Cruiser Half Cabin Open Cabin cruisers make up a smaller proportion of the incidents as they are less involved in offshore fishing activities and less likely to engage in cruising unless in ideal conditions. The above table shows that half cabin vessels followed by open vessels make up the majority of vessels involved in incidents. These vessels are used offshore for fishing operations. Vessels of an open or partially open construction may be particularly vulnerable to certain incident types such as swamping. Cabin cruisers and yachts with cabins tend to be intrinsically safer as they are larger than open vessels and half cabin vessels. Their size, along with enclosed nature, makes them better protected from the effects of wind and weather. Table 28 - Types of offshore incidents from July 1 2005 to June 6 2010 including recreational and commercial incidents Coastal Offshore (all) 20012002 Capsizing 20022003 1 Close Quarters Collision 20032004 20042005 20052006 1 1 1 1 1 24 19 24 39 1 3 1 4 21 127 2 2 1 1 1 1 1 3 1 1 Other Personal Injury 1 2 1 4 1 3 1 Sinking 3 1 Swamping 2 1 1 7 2 1 2 5 4 2 1 1 3 15 1 1 Person in Trouble Total 4 1 1 Loss or presumed loss of vessel 80 20092010 1 Grounding Structural failure 20082009 1 1 Flooding Onboard incident 20072008 1 Disablement of Vessel Fire 20062007 33 22 29 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 43 27 171 The table above contains a list of the types of offshore incidents and contains both commercial (37) and recreational (134) vessel incidents. We are unable to separate the two vessel types from the data but make the following conclusions: ff Vessel disablements make up 74% of offshore incidents. ff Disablements are primarily incidents categorised by engine failure due to fuel or starting problems. The mechanisms to address these are a better understanding of basic vessel maintenance through education or training and better information. The rate of disablements has plateaued and possibly declined in the past few years. TSV has placed a greater emphasis on vessel maintenance in its education campaigns over the past three years and this may be paying off. ff Less than 3% of offshore vessel incidents were capsizes which tend to result in people in the water and which can lead to fatalities. ff 2% of offshore incidents led to the loss or the potential loss of vessels by sinking, fire, flooding or swamping. These incidents all have the potential for persons to end up in the water. 3.8.3 Injury Data There is no specific injury data relating to offshore operations available for analysis. 3.8.4 Objectives of regulation The objective of licensing regulations is to improve safety by increasing the competencies of new entry masters and masters of vessels that operate more than two nautical miles offshore. Regulation provides a means by which operators can develop the skills to become competent masters through knowledge based and skills based assessments. The objective of regulations is aimed at an outcome which further reduces incident, injury and fatality rates. 3.8.5 Bow tie exercises and analysis At the stakeholder workshops a bow tie exercise was conducted (see Appendix 4). The cause and mitigations were explored for a recreational vessel where the crew were in the water due to incidents such as swamping and capsizing. Participants named human factors as the main causes that need to be addressed. The table below demonstrates the current knowledge requirements in the recreational boat licence hand book and test. Also identified are the items that could be included in an improved knowledge test and items that could be taught and/or assessed in a competency based assessment. The National Competency relating to emergency management and response was identified as the competency most in need of attention. Chapter 3. Licence Endorsements 81 Figure 24 - Table of elements identified as requirements for an offshore endorsement Information Current Knowledge Test Improved Knowledge Test Weather, conditions, vessel and personnel are checked for suitability for planned trip Y Y Y Basic Meteorological knowledge Y Y (in part) Y 1.3.3 Adequate provisions, including fuel, for the trip are carried Y Y 1.4.3 Education on vessel stability including effect of heeling moments such as wind/passengers/ lifting loads over side Y Y 2.1.10 "Defensive Operation Skills" - understanding operational hazards and how to reduce the likelihood of them becoming a risk (also to include operating at night) Y Y 2.2.6 Determine the current location of the vessel Y Y 3.1.7 Know when to stay with your boat Y Y Y 3.1.8 Know how to use radio in emergency Y Y Y 3.3.1 On board personnel are informed of actions required to deal with the emergency Y 3.3.2 Procedures are implemented to combat emergency and protect persons on board Y 3.3.3 Position is identified, recorded and communicated Y Y Y Y Use of GPS (emergency situations) Y Y Y Y 1.3.1 Practical training/ Experience Competency based assessment (Y for offshore) Y Y(offshore) Y (offshore) Y (offshore) Radio Y Y Y First-aid training (separate course) 82 Training course plus assessment Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 First Aid Information Current Knowledge Test Improved Knowledge Test Y Y Practical training/ Experience 3.3.6 Preparation for abandoning the boat is undertaken, if required Y 3.5.1 Vessel being swamped and capsized Y 3.5.2 Bar Crossing Y 3.5.5 Using a lifebuoy Y Y Y 4.1.1 Bar Crossing Training Y Y Y The table indicates the following potential mitigation for offshore hazards: ff Provide a broader range of information to the offshore boater, better preparing them to manage the hazards of offshore operations. ff Improve the current knowledge test to better assess the ability of the operator to manage a wider range of offshore hazards. ff Require the operator to carry out practical training or log experience of offshore operations. ff Require an operator to have his or her competency formally assessed in a number of areas encompassing offshore operations, predominantly in emergency management. 3.8.5.1 Causal factors Based on the bow ties, the risk assessment workshops produced the following list of possible causal factors for vessel failure and capsizing: ff Hull failure due to hitting an object; ff Crossing bars; ff Vessel underpowered for conditions; ff Mechanical failure due to running out of fuel, electrics being swamped, lack of maintenance; ff Bilge pump not operating; ff Scuppers blocked; ff Bungs not in; and ff Overloading/inadequate freeboard. Competency based assessment Training course plus assessment Y Y Y Also based on the bow ties, the risk assessment workshops produced, the following list of human error causal factors: ff lack of knowledge about sea conditions; ff lack of knowledge about weather conditions; ff lack of knowledge about navigation; ff inability to calculate fuel requirements; ff lack of knowledge about boat stability; ff Not using equipment (eg wearing PFDs, not setting off EPIRBs); ff lack of man overboard retrieval skills; and ff lack of sea survival skills. The following skills are suggested which could address the human factors of safe operation offshore. ff Vessel and equipment maintenance training – ability to identify and fix simple engineering problems. ff Meteorological knowledge – ability to identify forthcoming changes in the weather conditions. ff Person overboard training, including retrieval and positions to adopt to minimise heat loss. ff Training in how to cross ocean bars in differing tidal and sea conditions. ff GPS training to ensure operators are able to use GPS accurately and effectively. ff Coastal Navigation training including using compasses and charts and estimating vessel position from compass bearings. ff Make marine VHF radio mandatory and maintain the current requirement for a Marine Radio Operators Certificate of Proficiency. Chapter 3. Licence Endorsements 83 3.8.6 Summary ff Offshore operations can result in vessels being disabled. Fatalities tend to occur when people end up in the water from a vessel sinking, capsizing or being swamped. ff Five percent of offshore incidents (sinkings, capsizing, swampings etc.) result in people entering the water with only a few hours before hypothermia sets in and death a likely result. Therefore, to prevent loss of life, safety training of masters and operators, safety equipment on the vessel and the safety infrastructure onshore all become extremely important components of the overall safety system . ff Safety equipment on the vessels is important in alerting authorities to an incident. This may be by radio, EPIRB and/or light and sound signals. ff Communications and search and rescue infrastructure play important roles in saving lives. While Victorian water – borne and air – borne search and rescue assets may be adequate, the radio communications infrastructure in Victoria currently fails to meet national requirements for an emergency response communication system. ff The vessel master has a greater responsibility as they are the focus for the provision of immediate emergency response. There is often nobody else. ff From the bow-tie analysis a list of skills which could be improved has been developed which could be incorporated in an endorsement. ff However the low number of offshore incidents, fatalities and injuries provide insufficient justification for a specific endorsement for offshore operations at this time. ff This does not mean that action should not be taken. At the very least improved information could be developed addressing the identified skills and the basic licence test could be improved to better address offshore operational issues, in particular the role of a master in an offshore emergency, the importance of and means to know your position and the use of communications and position indicating safety equipment. 3.8.7 3.8.7.1 Option 1 - Base case The recreational boating safety handbook contains little specific information regarding offshore operation and emergency preparedness. The current knowledge based licence test does not specifically address offshore issues. The outcome of this option would be at best to maintain the current levels of incidents. In recent years there has been a change in the risk profile as less experienced operators travel offshore, particularly to take advantage of fishing opportunities. This increases the risk of more incidents, injuries and fatalities. 3.8.7.2 Option 2 - Improved information without requiring an endorsement. In order to improve the decision making ability of those who do go offshore the information provided at the time of a person completing their basic license could be improved. This would be a relatively low cost approach to introducing applicants to the hazards of offshore boating and providing masters with materials which would help them prepare their vessels and improve their understanding of any particular hazards posed by operating offshore. The material would be made available to operators of all vessels. This information could be in the form of a workbook similar to the National Powerboating Workbook and material could also be made available in the form a DVD or similar illustrating practical solutions to the problems of offshore operations. The outcome of this option is aimed at raising the master’s awareness to the risks that can be associated with the operations of a vessel offshore. The aim would be at worst to stabilize incidents, injuries and fatalities at current levels despite the increasing use of offshore waters for recreational activities. 3.8.8 Recommendation With insufficient incidents, fatalities and injuries to justify introducing an endorsement, the most effective means of managing the potential and real dangers of offshore vessel operation at present appears to be through improving available information on offshore operations and including questions on these operations in the basic licence knowledge test. Options The following options are offered for consideration. 84 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 –– TDM MF 1107B Survive at sea in the event of a vessel abandonment. A staged approach to offshore interventions is recommended. ff TSV to improve information on offshore boating and make publications like the National Power boating Workbook or similar material, including a DVD, which would demonstrate the conditions likely to be prevalent offshore and how to handle them, available to all license holders. Operators should be encouraged to attend any courses that are publicly available. The course also includes a practical wet drill involving deployment and use of a life raft, flares detonation in a controlled environment and theory sessions and is from the TDM Marine package. 3.9 High speed vessel endorsement ff TSV offer information sessions on aspects of boating safety including aspects of offshore operations and these could be expanded to cover areas not currently covered. 3.9.1 Nature and extent of problem ff The boating sector should be encouraged to offer courses on offshore operations and TSV should publicise and publicly support operators to attend these courses. ff Should incident, fatality and/or injury rates indicate a worsening of outcomes then the introduction of an endorsement with a test containing questions specific to offshore operations should be mandated. A practical assessment would be difficult to facilitate but could be addressed by using a simulator. This information should be part of the information given out supporting the basic licence scheme and could be specifically tested as part of the basic licence. 3.8.9 Available practical courses with offshore components The following commercially available courses would improve the skills of offshore operators. It is suggested that TSV publicise the awareness of these courses and encourage vessel masters to attend them. ff Yachting Australia has a Safety and Sea Survival Course which is modelled on the International Sailing Federation (ISAF) model training course for offshore personal survival. The course is a two-day (at least 16 hours) intensive course and costs approximately $345. The course includes a practical wet drill involving deployment and use of a life raft, flare detonation in a controlled environment and theory sessions. ff The Elements of Shipboard Safety - Personal Survival Techniques module of the commercial coxswain course taking 2 days could be adopted. This covers: –– TDM MF 5507A Fight and extinguish fires on board a coastal vessel; –– TDM MF 5407A Observe safety and emergency procedures; and One of the potential endorsements suggested in the Marine Safety in Victoria discussion paper is for operators of vessels that are capable of speeds in excess of 40 knots (about 75 kph). It was suggested that this endorsement should require the master to possess knowledge and skills in operating safely at speed. This endorsement would apply to vessels such as PWCs and powerboats. 3.9.1.1 Current mitigations in Victoria There are currently no specific mitigations in Victoria’s marine legislation against the risks associated with operating at high speed. Like any other powered vessel, a high speed vessel master will be required to obtain a marine licence before being able to operate a vessel on Victorian waters. While there are questions in the licence test on safe speeds and speed limits there is nothing in particular aimed at safe operation of vessels at high speed. 3.9.1.2 Other jurisdictions No Australian jurisdiction has a licence or endorsement requirement that is specifically directed at high speed operation. 3.9.2 Injury and fatality trends citing speed as a contributing factor 3.9.2.1 Incident types Vessel speed is not a problem in itself. In the right conditions vessels operate at speeds of 40 knots or more without incident. Incidents occur during racing; however these events are carried out within safety frameworks managed by clubs, waterway managers, associations and individuals. They are organised events and outside the general recreational boating sphere. The only identified high speed fatality in Victoria occurred when a person was killed whilst engaged in high speed drag boat racing being conducted by the Victorian Drag Boat Club under the sanction of the Australian Power Boat Association. The incident was likely caused by the vessel’s propeller striking a submerged object, the vessel losing stability and the pilot being catapulted from the cockpit. Chapter 3. Licence Endorsements 85 It was identified during risk workshops held with MSV that collisions are the type of high speed related incident which lead to the greatest impact. The MUARC report summarising 5 years of commercial and recreational incidents in Victoria recorded in the Marine Incident Report (MIR) system tabulates the following information with regard to collisions by recreational vessels. Figure 25 - Table showing incident types, number of incidents and represented % of total incidents Incident Type N % of total incidents (N = 676) Collisions (all) 52 8 • with another vessel 30 4 • submerged object 6 1 • fixed object 6 1 • floating object 2 <1 • not specified 8 1 This report states that collisions make up only 8% of all incidents. It does not indicate how many collisions were the result of high speed. 3.9.2.2 The impact of high speed incidents including collisions Incident and hospital injury reports have been analysed to determine the extent that excessive speed has been a factor in causing injuries. The MUARC report ‘Marine Safety in Victoria 2003/04 - 2007/08’ covers a five year period and reports incidents that are recorded on the marine incident database and those reported through hospital admissions and emergency departments. During this five year period, 991 serious recreation incidents were reported. Over half of the serious incidents resulted in personal and/or property damage. Contributory factors were reported for 75% (506) of serious incidents. Of these, only 20 (2%) reported excessive speed being a contributory factor in causing the incident. By comparison ‘error of judgement’ and ‘inexperience’ collectively accounted for about 36% of contributory factors reported. Response only incidents cover disablement of a vessel and ‘person in trouble’. There were 3,636 response only incidents in the 5 year period. Contributory factors were reported for 81% (2,929) of incidents. A total of 4,191 contributory factors were reported and only 2 for excessive speed. The most common factors causing response only incidents were machinery or equipment failures or lack of maintenance and fuel, which frequently resulted in disablements. 86 There were a total of 3,984 hospital treated recreational boating injury cases in the five years. These comprised 1,128 admissions and 2,856 emergency department presentations. The high level reported hospital data does not record whether any of the injuries were caused as a result of speed. Most incidents occur as a result of falls, striking another object or collisions. It is probable that a number of these would have resulted from excessive speed and that a number of injuries are more severe due to the impact at a high speed However, this is not apparent from the data. The 2008/09 report on Marine Safety in Victoria reports in more detail on hospital treated injuries than the 5 year report, providing a short narrative description in a small number of cases. This highlights, for example, that for water ski injuries speed was a contributing factor where these resulted in hospital admissions. This information was only provided in a small number of cases and a number of these occurred on the Murray River (which is not administered by MSV) and / or took place in organised water ski racing events. In relation to water skiing racing events it is assumed that experienced operators were involved who knew and understood the risks of the activity they were engaged in. This is not the level where entry level licensing can effectively be used to reduce the rate of severity of injuries. The evidence does not show that there are a large number of incidents citing speed as a major contributory factor. However incidents that happen at high speed are likely to be of high impact and result in trauma type injuries. 3.9.2.3 Specific high speed activities At first glance towed water sport activities appear to occur at high speed. However with the exception of waterski racing, towed water sports occur at speed below 40 knots and in many case below 30 knots. PWCs provide a relatively cheap means of entry level boating and all can operate at speeds in excess of 40 knots. A PWC endorsement exists and it is intended that this endorsement continue. High speed operational issues associated with these craft are discussed as part of that endorsement. A large number of vessels involved in general motor boating (cruising and fishing) are capable of operating at greater than 40 knots. Most cruising is carried out at speeds below this. Fishing vessels transiting to and from fishing grounds may travel at high speeds, although these high speed transits probably account for a third or less of the time these vessels operate. Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 3.9.2.4 Other jurisdictions Queensland report one death may be contributable to speed but do not have specific statistics focused on speed. Likewise the NSW figures are vague on speed related incidents which are often reported as a lack of judgement. 3.9.3 Stakeholder comment The general response from stakeholders in the Marine Act Review consultation process was that they supported an increased array of licence endorsements focussed on improving knowledge and skills of boating operators. However, a high speed operation was not specifically discussed. Comments were made during the consultation that high speed activity, particularly in relation to PWCs, made boating unpleasant for other water users and potentially created dangerous on-water situations. The police reported a range of incidents with PWC operators involving high speed activity. However, their view was that the primary causes were behavioural, rather than lack of knowledge or skill of the operator. TSV supports measures to reduce speed, particularly for night operating. In normal circumstances a person operating at high speed usually lacks awareness of their surroundings as they are focussed on ensuring that their vessel is travelling in the right direction and avoiding any problems in front. This reduces side on perception and creates risk situations if a vessel were to suddenly move in from the side. At night this concern is clearly much greater as the operator may be oblivious to hazards in the water as well as other vessels. TSV indicated that imposing a strict limit on night speed to about 10 knots would greatly reduce the potential for accidents to occur. As this issue does not relate to licensing it is not further discussed in this paper. 3.9.4 Elements identified as requirements for a high speed endorsement Should a high speed endorsement be justified the following elements could form the basis of the endorsement. These elements were extracted from the bow tie assessment summarised in Appendix 4. Figure 26 - Table indicating the elements identified for inclusion in a high speed endorsement Information Current Knowledge Test Improved Knowledge Test Weather, conditions, vessel and personnel are checked for suitability for planned trip Y Y Y Education about implications of fitting larger outboard engines Y 2.1.5 Impact of boat use on others and the environment is considered (nuisance?) Y 2.1.7 Training is given on handling a vessel at speed and turning at speed Y 2.1.10 "Defensive Operation Skills" - understanding operational hazards and how to reduce the likelihood of them becoming a risk (also to include operating at night) Y 1.3.1 Practical training/ Experience Y Y Competency based assessment Training course plus assessment Y Y Chapter 3. Licence Endorsements 87 Information Current Knowledge Test 2.1.12 Understand risks of high speed operation Y 2.2.11 Education about appropriate speed for conditions Y Y 2.2.2 Collision avoidance techniques are applied when required in accordance with relevant legislation, recognised regulations and rules Y Y 2.2.15 Importance of having spatial awareness Y Improved Knowledge Test Practical training/ Experience Y Y Competency based assessment Y Y Y Y Y First-aid training (separate course) Y First Aid The majority of elements form part of National Competency 2 which addresses managing the vessel’s operation. If a practical training course for a master’s licence is adopted, the risks associated with high speed operation could be specifically addressed. 3.9.5 3.9.6 Possible elements for inclusion in an endorsement The following elements, identified from the table above, could make up a high speed endorsement: ff Understanding the effect weather conditions have on high speed operation; ff Retrieval of an injured person from the water; ff First Aid ; ff Speed and turning manoeuvres; ff Speed/distance perception; Objectives of regulation The objective of regulation is to improve safety by improving the competencies of new entry masters and operators of vessels that operate at more than 40 knots, to reduce the risks associated with high speed operation particularly new entrants to boating. Regulation provides the means for operators to develop competency through knowledge and skill based assessments. Specifically, regulation requiring a licence endorsement for high speed vessel masters is aimed at reducing high speed incidents resulting in fatalities and injuries from high speed impacts. ff Scanning ahead for objects; 3.9.7 ff Leaving more room between vessels and structures; With insufficient incidents, fatalities and injuries to justify introducing an endorsement, the most effective means of managing the potential and real dangers of high speed vessel operation at present appears to be through improving available information on offshore operations and including questions on these operations in the basic licence knowledge test. ff Stopping safely; ff Environmental considerations; ff Understanding vessel reaction to controls; ff Operational hazards and risks associated with high speed operation. The elements above could be incorporated into improved information made available to vessel operators as part of the basic licence. They could also be incorporated into a revised general licence test. The general knowledge tests could include questions and study material relating to operating speeds and the risk consequences. 88 Training course plus assessment Summary ff High speed incidents are usually high impact collisions between a vessel and other objects including boats, snags, jetties, bridges, wharfs, riverbanks etc. High speed collisions can lead to serious injuries. ff However, collisions account for less than 8% of incidents and the number of incidents which have been recorded as directly linked with high speed as a causal factor is 2%. Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 ff With such low numbers there is insufficient justification for a specific endorsement to be developed solely for high speed operations. The basic licence test could include questions which improve applicants understanding/knowledge of the dangers of high speed operations ff Given that many high speed incidents and injuries result from behavioural issues rather than a lack of knowledge or skill an endorsement aimed at addressing knowledge and skills would have minimal impact on reducing the problem. The following elements should be contained in the material for masters operating vessels at high speed: ff Never the less improved information could be developed covering the hazards associated with high speed operations, reinforcing the rules of the road and developing greater understanding of the smaller timeframes available to make decisions. ff The basic licence test could include questions which improve applicants understanding/ knowledge of the dangers of high speed operations. 3.9.8 Options 3.9.8.1 Option 1 - Base case The recreational boating safety handbook mentions speed restrictions in designated areas but contains no targeted information regarding high speed operation. Although there were 52 incidents reported involving vessels colliding, for example, with other vessels and objects in the water, over the 5 years detailed in the MUARC report, the causal factors have not been necessarily attributed to high speed. There is very little data recorded which specifically identifies fatalities and injuries resulting from high speed operations. ff Information on high speed operation including vessel turning and manoeuvring at high speed and stopping safely. ff The importance of maintaining a proper lookout and the smaller timeframes available for reacting to an incident. ff The importance of ensuring the master is not distracted ff The importance of not being impaired by fatigue, drug and alcohol. ff Spatial awareness In recent years there have been continual increases in the power of engines available for recreational boats resulting in increasing numbers of vessels capable of high speed operation at speeds greater then 40 knots. This increases the risk of increased numbers of incidents, injuries and fatalities. These issues should continue to be monitored along with developing intelligence to identify incidents, fatalities and injuries which could be attributed to high speed operation in order to obtain ongoing evidence of the hazards posed by high speed operations. This option is aimed at raising the master’s awareness of the risks associated with the operation of a vessel at speeds greater than 40 knots. The aim would be to reduce current levels of incidents resulting in collisions and their subsequent outcomes. The outcome of this option would be to maintain the status quo using the knowledge in the current handbook and, at best, to maintain the current levels of incidents. 3.9.9 3.9.8.2 The most effective means of managing the potential and real dangers of high speed vessel operation appears to be through improving available information on high speed vessel operations, both for new entrants as part of the basic licence scheme as well as for current licence holders. . Option 2 - Improved information without requiring an endorsement There is no specific knowledge or skills information in the current Recreational Vessel Safety Handbook for masters who operate vessels at greater speeds than 40 knots. The information available to applicants for the basic license test on high speed vessel operations could be improved. This could be in the form of a workbook similar to the National Powerboating Workbook or in the form a DVD illustrating practical solutions to the problems of high speed operations. Recommendation There is insufficient evidence to support introducing a specific high speed vessel operations endorsement for masters of recreational vessels. This information would be part of the basic licence scheme and elements of it could be specifically tested as part of the basic licence. It is recommended that Option 2 above be implemented. The material should be made available to operators of all vessels. Support should be provided to encourage operators to work through the information. Chapter 3. Licence Endorsements 89 3.10 Towing Endorsement 3.10.1 Nature and extent of problem 3.10.1.1 Background Towed water sports, primarily undertaken on inland and enclosed waterways, are a popular pastime for recreational boaters. Towed water sports include water skiing, wake boarding, towing buoyant apparatus such as inflatable doughnuts (and other objects without any substantial directional control), and any other activity where a person or persons are pulled by a vessel. The following locations are popular for towed water sports: ff Port Phillip ff Lake Mulwala ff Hazelwood Pondage ff Lake Nagambie ff Gippsland Lakes ff Eildon Weir ff Murray River ff Mallacoota Lakes Stakeholder consultations suggested that an endorsement aimed at increasing the competency of operators of vessels engaged in towed water sports should be considered. This endorsement should require the applicant to possess knowledge and skills relating to towing and operating safely at speed. The endorsement would apply to the operators of all towing vessels, including operators of jet skis and powerboats. When incidents occur, the party injured is usually the person being towed. It is difficult for the statistics to determine whether the boat operator or the person being towed is responsible. Note For the purposes of this discussion ‘tow-in surfing’ is not considered a towed water sport as it takes place exclusively within a surfing environment using PWCs. Any issues, requiring specific intervention, will be addressed as part of changes to subordinate legislation. 3.10.2 Current Regulations – State by State 3.10.2.1 Transport Safety Victoria (TSV) TSV is responsible for the licensing of boat masters and operators. TSV is aware that towed water sports are a relatively high risk activity that results in a disproportionate number of injuries. TSV has undertaken specific work over recent years to address the increasing number of incidents and serious injuries arising from towed sports. 90 TSV’s Victorian Recreational Boating Safety Handbook covers hand signals and the basic rules for operators with regard to observers and TSV ’s website includes information specifically on safety. There is a requirement which limits to 3 the number of people who can be towed at any one time. Also towing is only permitted during daylight hours, between one hour before sunrise and one hour after sunset. Under current legislation operators with a restricted licence i.e. under 16 years, are unable to tow. Changes to the marine regulations will allow people of any age to operate a vessel whilst towing as long as they are under the direct supervision of a master who holds any relevant licences and endorsements and is over the age of 18. TSV does not set standards either for the formal training of persons operating a vessel which is towing, or for the person acting in the role of the observer. There is no requirement for an observer to have any knowledge of the marine environment or safe operation of vessels. Under the new Marine Safety Act 2010 the master has a duty of care, referred to in the Safety Duties Relating to Recreational Vessel Operations, to ensure the vessel is operated safely. This extends to ensuring the observer is able to carry out his/her role correctly and safely. There are no requirements for the registration, training or licensing of towees, nor is there any future intention in this regard. 3.10.2.2 Maritime Safety Queensland (MSQ) MSQ lists basic waterskiing rules on their website and provides a brochure covering the basics of waterskiing safety. The Boat Safe licensing course and the Recreational Boating and Fishing Guide include suggestions for signals which may to be used by skiers and operators, although these are not mandatory. Under the Queensland licensing scheme, boat operators are 16 years and over and will have undertaken an accredited Boat Safe course to obtain their licence. 3.10.2.3 NSW Maritime NSW Maritime has more prescriptive regulations regarding towing, but does not require formal training of towers or observers. Towing is also restricted to daylight hours and one hour before and after sunrise/sunset. Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 ff must have a minimum crew of two, the master (driver) and an observer (this also applies to PWCs when towing) NSW are currently reviewing feedback from their discussion paper on the future of operations on the River Murray. This may lead to some changes in regulating towed water sports – particularly ‘slow tow’ sports which cause environmental rather than safety impacts. ff must have a capacity sticker 3.10.2.4 Marine Safety Western Australia ff must carry appropriate safety equipment Marine Safety Western Australia requires a skipper of a boat which is towing to be at least 17 and the observer can be no younger than 14 years. Only the skipper needs to hold a licence. The vessel: ff must have current registration ff Cannot be remotely controlled. The Driver: ff has to be at least 16 ff must hold a general licence if the vessel will be operated at 10 knots or more, or PWC Licence when operating a PWC at any speed ff is responsible for the safety of the boat and towed people and for maintaining the minimum distances off applicable to the boat and the skier(s). The Observer: ff must be 16 years of age or older, or the holder of a Young Adult Licence ff must not suffer hearing, sight, or other disabilities which could affect the performance of observation duties ff has the prime responsibility of observing the towed people and reporting all matters affecting them to the master ff tells the driver about other vessels approaching from behind ff should be familiar with the standard hand signals. ff In a ski boat the observer faces backwards to watch the person being towed whilst the driver faces forward to maintain lookout. The Towed Person ff No more than 3 skiers can be towed at once ff Must maintain the minimum distances off, and when returning to shore must do so safely Towing Prohibited ff Towing is prohibited between sunset and sunrise. NSW Maritime also has a brochure (What to know before you tow) and a sticker covering waterskiing hand signals. 3.10.2.5 Transport South Australia Transport SA requires operators of a vessel to be 16 years of age. Twelve to fifteen year olds can be issued a special boat operator’s permit after completing a practical test. This permit does not allow them to tow a skier, though part of the test requirement is that they recognise and understand the hand signals to be used by the observer. Special boat operator permit holders can act as an observer, provided the vessel operator is over 18 years of age. Transport SA also has prescribed blood alcohol limits for both the observer and the skier. 3.10.2.6 Marine and Safety Tasmania (MAST) MAST has minimal skiing and towing information in their Safe Boating Handbook. The vessel operator must hold a full license. Provisional licenses are available for those between 12 and 17 years of age. Provisional licences restrict the holder from towing a skier and restrict the holder from towing an aquaplaner at greater than 10kn. Observers must be at least 10 years of age. MAST has no formal training mechanism for observers. 3.10.3 Towed water sport incidents, fatality and injury trends 3.10.3.1 Serious incidents within Victoria MUARC data for the years 2005/6 – 2007/8 reveals only 3% of recreational vessel serious incidents involved water skiing or related activities and this percentage fell to 1% in 2008/09. However the large number of towed sport injuries recorded by the VEMD hospital data suggests a severe under reporting of serious incidents resulting from towed water sports. 3.10.3.2 Fatalities Of the 48 recreational boat fatalities recorded over the past 8 years there have been no recorded towed water sport fatalities in Victoria. Chapter 3. Licence Endorsements 91 However there have been fatalities on the River Murray due to water sports activities. The river falls under the jurisdiction of NSW but a majority of the users are from Victoria. The following extract from the NSW maritime discussion paper, Review of Boating Safety on the River Murray, highlight some of the issues. ‘The NSW Ports and Waterways Minister the Hon. Paul Mcleay MP tasked NSW Maritime to conduct a review of boating safety after an unusually high number of serious boating incidents in the three months from December 2009 to February 2010. On Christmas eve 2009 a swimmer died from injuries after being run over by a ski boat at Casey’s Bend; on Christmas day a man drowned after a small punt capsized 200 metres from the shore of Lake Hume; on 24 January 2010 a water skier died after hitting a log at Moama; and on 13 February 2010 a water skier fell and died while competing in the Southern 80 Ski Races. Other serious incidents over this period included a man receiving severe lacerations and a broken leg after being hit by a boat propeller, a personal watercraft (PWC or jet ski) crash, and a skiing incident where a skier was knocked unconscious.’ Following the consultation program the following recommendations were made which referred or implied means to reduce the incidents of injuries and fatalities from water sports. ff 40 knot speed limit for the Murray River (official races and race training would be conducted under an aquatic licence) ff Speed limits during peak usage periods ff More 4 knot zones declared during high use seasons ff No swimming zones within 100 metres of any boat ramp ff Passive activity zones ff More off-river ski parks ff No wash zones ff Limit tow rope lengths for ski tubes ff Maximum ski rope length < 18.5 metres ff Anti-hoon legislation with vessel confiscation powers ff Demerit points system for boat licences to apply in both states ff Education campaign on the dangers of high speed tow “whipping” manoeuvres ff Improved signage on both banks of the River Attention is drawn to the recommendation suggesting improving Victorian licensing requirements. This supports any outcomes from this discussion paper which improves the Victorian licensing scheme. An additional theme from the River Murray safety discussions was the need for Victoria and NSW to greater harmonize their requirements in order to improve Victorian boater understanding of NSW requirements and vise versa. 3.10.3.3 Injuries arising from incidents in Victoria There are a disproportionate number of injuries arising from towing incidents. In Victoria, during the 7 years from 2003/4 and 2009/10, there were 2716 towed water sports injuries from incidents resulting in hospital emergency department presentations and admissions. The following examples of towed sports injuries are drawn from the MUARC report which follow up on injuries sustained in recreational boating. Injury examples by activity included the following (note that all the injuries were sustained by the person being towed): Waterskiing: ff Fell off water skis and a boat went over the top of water skier ff Fell and broke back ff Fell, landing heavily on shoulder ff Fell while water skiing at high speed (150kph) ff Collision with submerged tree ff Hit a tree. Large piece of tree in right lower leg and laceration ff Collided with a pontoon in the river ff Plastic handle from water ski boat hit left eye at a high speed ff Injury to ankle and foot – caught in tow rope ff Partial amputation of right thumb from water ski rope Wakeboarding ff More stringent boat licence requirements in Victoria ff Fell from wakeboard, injured ankle ff Increase boater education in Victoria ff Fall from wakeboard, injured knee ff Fell from wakeboard and dislocated shoulder ff Hit in the throat by wakeboard, fractured larynx ff Hit on the back of the head by a wakeboard 92 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 ff Wakeboard struck right thigh Hit/struck/crushed: ff Wakeboarding in bare feet, struck object and lacerated foot ff Hit in the face with steel whilst waterskiing; ff Wakeboarding, struck post, injured lip and head Knee boarding ff Knee boarding, lost control and fell off the ski ring Towed inflatable (tube, biscuit etc.) ff Being towed in a biscuit behind a jet ski at approximately 50kph. Thrown from biscuit into log ff On a ski biscuit on Murray River, became airborne and hit a tree stump in the water ff Laceration to the thigh from the rope attached to the tube ff Dislocated left shoulder in fall from ski donut ff Riding a biscuit behind a boat, rope wrapped around and injured right upper arm ff Climbing into a biscuit, slipped when trying to get on The following examples illustrate the type if injury experienced; Trips/slips/falls ff Fell off water skis as the skis hit a bump, fell face first into the water; ff hit on the head by waterski; ff hit an aluminium pole whilst waterskiing; ff knee boarding, slammed into bank wooden wall; ff on a ski biscuit, collided with another person’s foot; hit on the head with a kneeboard going 20km/hr; hit to head by another person’s knee. Cutting/piercing: ff Rope of water ski cut hand; ff cut from reeds in the water. 3.10.4 Causes/mechanisms of injury and potential risk/contributory factors to injury 3.10.4.1 Towed water sports injuries The following figure is derived from the MUARC data and shows in absolute terms how the number of injuries sustained by those involved in towed water sport operations has trended upwards during the financial years 2003/4 to 2009/10. For comparison it also includes the total recreational boating injuries and the percentage of total injuries which are towed water sport. The data shows: ff An upward trend in all vessel injury numbers ff fell off water skis and got caught in a rope, left arm was pulled; ff An upward trend in watersport injury numbers. ff overbalanced on water skis; fell into buoy whilst waterskiing; ff Water sport injuries compared to total injuries has remained in the range at between 40% and 50%. ff fell from wakeboard and struck riverbank with both feet; ff came off wakeboard at 40km/hr, hit side of head on water; fell off kneeboard, kneeboard hit him in the face; Not only are water sport injuries increasing but they form an increasing part of the total injury numbers. Both trends illustrate that current interventions may not be as effective as they should be. ff fell off biscuit while being pulled along by speedboat. Chapter 3. Licence Endorsements 93 Figure 27 - Summary of towed watersport injury numbers compared with all injuries numbers sustained by recreational boaters 2003/4 - 2009/10 1200 60% 1000 50% 800 40% 600 30% 400 20% 200 10% 0 0 2003/4 2004/5 Towed water sport injuries 2006/7 2005/6 2007/8 2008/9 2009/10 % of towed water sport injuries to total injuries Rec. boat injuries 3.10.4.2 Injury causes and mechanisms ff getting tangled in the tow rope 13% (n=16); One hundred and twenty three people participated in the MUARC follow up injury study. The statistics and table below summarise the results of that study. Almost one third of injuries (29%, n=36) to towees resulted from falls into the water, mostly due to impact with the water at speed. ff colliding with a log or tree in the water 7% (n=9); Other common injury causes were: ff struck by the board, ski or towline handle 18% (n=22); ff colliding with or being struck by other recreational boaters 5% (n=6); ff wakeboard bindings non-release 4% (n=5); and ff landing hard on a kneeboard or inflatable after being bounced in the air 4% (n=5) ff over-exerted or over-stretched while skiing or performing a wakeboarding trick 13% (n=16); 94 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Figure 28 - Causes and mechanisms of injury in towed water sport (n=123) Activity N Mechanism Suggested responsible person N Waterskiing 48 Fall into water Tow-ee 13 Entangled in tow rope, handle, ski Tow-ee 11 Over-exerted (e.g torn hamstring) Tow-ee 8 Tow-er/Tow-ee 6 Hit by ski Tow-er 6 Struck by rope/handle Tow-er 3 Collided with log in water Wakeboarding 39 Cut foot on bolt in boat Tow-er 1 Fall into water (failed trick, over-exerted) Tow-ee 12 Over-exerted (attempting trick) Tow-ee 8 Struck by own board Tow-ee 7 Bindings did not release Tow-ee 5 Struck by/tangled in trick handle Tow-ee 2 Tow-er 2 Tow-er/Tow-ee 1 Observer thrown against boat windscreen Tow-er 1 In water, struck by boat Tow-er 1 Struck by (board, handle) Tow-ee 5 Landed awkward after being bounced in air Tow-ee 3 Boat caught fire Collided with others on inflatable Kneeboarding 15 Fall into water Collided with log/tree in water 2 Tow-ee 2 1 Fall into water Tow-ee 9 Collided with another person on inflatable Tow-ee 4 Entangled in tow rope Tow-ee 2 Landed awkward after being bounced in air Tow-ee 2 Struck by boat while in water Tow-er 1 Struck by wakeboard Tow-ee 1 Observer thrown against side of boat Tow-er 1 Tow-er/Tow-ee 1 Collided with bank 21 2 Tow-er/Tow-ee Entangled (rope, ramp) Inflatable riding Tow-ee Tow-er/Tow-ee Collided with log in water From the table above the majority of incidents in towed water sport are caused by the towee and the operator, in many cases, may have little control over the actions of the towee. Those incidents foe which the operator is responsible could be reduced by skills and knowledge improvement possibly through an endorsement or increased education/information. 3.10.5 Contributory factors to injury: self reported Participants were asked to identify the factors that they thought contributed to their injury occurrence. They were prompted by the interviewer to consider three categories of factors: human factors, boat/ equipment related factors and environmental factors. Figure 11 summarises the factors reported by towed water sports participants. Chapter 3. Licence Endorsements 95 Figure 29 - Contributory factors to injury: self reported by towed water sports study participants (n=123 responses) Activity Number of responses Human factors 111 74.0% Boat/ equipment related factors 16 11.0% Environmental factors 17.0% 3.10.6 24 Factor N Inexperience 26 Carelessness/distraction/lack of concentration Misjudgement 17 Risk taking 13 Problem with technique inc. gathering too much rope 13 Bad luck 10 Driver carelessness/inexperience 9 Poor preparation/lack of preparedness 6 Fatigue 5 Overconfidence 4 Alcohol 3 Speed 2 Race area not clearly marked by organisers 2 Bindings did not release/ bindings too loose (cheap/old) 7 Speed 3 Age of ski rope (too old)/elasticity in rope 2 New motor, misjudged use 1 Fuel filler spilt fuel in engine bay 1 Wakeboard was “too big” 1 Bolt sticking up from floor of boat 1 Traffic conflict: wash/wake from other boats (all on Murray River) 10 Log/tree in the water 8 Choppy/rough conditions 4 Strong current 2 The number and duration of hospital admissions for towed sports Waterskiing and wakeboarding accounted for 33% of all Victorian hospital admissions for recreational boating related injuries in 2005/06. Hospital stays ranged from 0 to 30 days. Of the 123 participants surveyed in MUARC’s follow up study nine participants reported multiple injuries from the same incident11. Strains, sprains and ligament tears account for most of the injuries (38%). The data indicates most frequently injured area of the body is the head (11%). Excerpt from Marine Safety in Victoria 2006-2007, p.53 ‘As in all previous years towed water sports account for most recreational boating injury hospital admissions and ED presentations (372/947, 39%). Although the number of admitted towed water sports cases decreased by 13% (from 93 to 81 cases), ED presentations increased by 20% (from 242 to 291 case). Case numbers for the individual towed sports cannot be disaggregated in admissions data, but analysis of ED data show that water skiing probably accounts for around 60% of towed water sports cases and wakeboarding 20%. Among towed water sports cases the lower extremity (knee) and head/face/neck were the most frequently injured body sites. Fractures, dislocations, sprains and strains and open wounds were the most common injuries. There were more lower limb fractures and fewer sprain/strains in 2005/6 compared with 2004/5. Falls were the major cause of injury. Struck by/ collision with objects (mostly the ski/board or submerged objects), entanglements with the towrope, and overexertion also caused many injuries. 11 “Follow up study of hospital treated recreational boating injury” (Ashby, Cassell, Congiu) 96 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 These results are generally consistent with those found in a study of the characteristics of water skiing and wakeboarding injuries treated in emergency departments in the United States between 2001 and 2003 (Hostetler et al., 2005). The injury pattern and causes indicate that preventive measures could include: promotion of pre-season physical conditioning; provision of skills and safety training for skiers/wake boarders, boat operators and observers (spotters); promotion of the use of a quick-release tow line device; safety improvements to equipment design; wearing of wet suits and PFD; and regular and routine risk assessment of designated towed sports areas by waterway authorities and event/ competition organisers.’ Towed water sports activities cause injuries resulting in hospital admissions and presentations. The following points come from the MUARC marine safety reports and exposure report. ff Towed water sports ranked third in terms of popularity accounting for 8.9% of vessel trips, 15.7% of person trips, 6.5% of on water hours and 11.6% of person on water hours. ff Twelve waterskiing incidents resulted in serious injury in Victoria during the period 2005/6 to 2007/8. ff Except for a small decrease in 2008/9 injuries due to towed water sports have been trending upwards over the last 6 years. ff 76 % of the injured were males and over 80% were aged between 15 and 44 years. The MUARC report lists the major causes of injury from towed water sports in Victoria over a seven year period as: ff Falls (41.0%) ff Hit/struck or crush by/colliding with an object (26%). When relating these injury rate to the exposure data relating to the activity rates of towed water sports operations the numbers of injuries caused clearly reflects a disproportionate representation of injuries to those engaged in towed water sports. Figure 30 - Trend in hospital-treated recreational boating injury by watercraft/activity, Victoria: VAED and VEMD 2003/4 – 2009/10 (n=6,076) 600 500 400 Towed water sports Motorboating/boating unspecified PWC riding Sailing Wind/Kite surfing Fishing from a boat Paddle craft 300 200 100 0 2003/4 2004/5 2005/6 2006/7 The figure above summarises the past 7 years of injury data for all recreational vessels and illustrates the changes in injuries for a number of activities including towed water sports. The other major activities which are carried out and cause injury are PWCs and general boating. It indicates that the number of towed water sport injuries continues to increase and without further regulatory intervention there may be difficulty in reducing these numbers. 2007/8 2008/9 2009/10 3.10.6.1 Age and experience of injured parties One pointer to whether licensing is an appropriate mechanism for managing activities is whether incidents are due to inexperienced and/or immature operators. Records do not record experience levels of operators. However hospital records do include the age of the person treated which in the majority of cases is probably the operator and can be used as a loose proxy for experience. The table below summarises the number of injuries in relations to the age group of the injured party from 2003/4 – 2009/10. Chapter 3. Licence Endorsements 97 Table 29 - Number of injuries compared to age of operator Age of injured party Towed sport (n=2,716) N % 279 10.3 15-29 1,419 52.2 30-44 761 28.0 45-59 247 9.1 60+ 10 0.4 0-14 Total Falls and being hit/struck/crushed are high on the list of injury causes. Towed sport incidents rarely occur at high vessel speed but it is likely that the severity of the impact leading to the injury will result in these injuries being relatively serious. The types of injury recorded are listed below. Table 31 - Hospital-treated towed sport - related injury by injury type over 7 years 2003/4 – 2009/10 Injury type Fracture 3.10.6.2 Injury types The cause of injuries is recorded as part of the data set. The table below summarises this information for towed sports incidents in the years 2003/4 – 2009/10. Table 30 - Hospital-treated towed sport-related injury by nature of injury over 5 years 2003/4 – 2009/10 Towed sport (n=2,716) N % 1,114 41.0 Hit/struck/crush 711 26.2 Transport/craft accident 85 3.1 Cutting/piercing 47 1.7 Near drowning 33 1.2 Fire/burn/explosion 8 0.3 Other specified 551 20.3 Unspecified 167 6.1 Fall N % 504 18.6 2716 Ninty percent of injuries are to persons under 44 and sixty two percent to persons under 29. This is an expected result, water sports attract to fit persons and young families. Injury cause Towed sport (n=2,716) Dislocation/sprain/ strain 763 28.1 Open wound 439 16.2 Intracranial 77 2.8 Injury to muscle/ tendon 357 13.1 Superficial injury 176 6.5 Other 316 11.6 Unspecified 84 3.1 3.10.6.3 Cost of admissions The table below derived from that table in Appendix 6 summarises the number of major injuries (hospital admissions) and minor issues (emergency department presentations) from towed water sport activities over the period from 2003/4 to 2008/9. It compares the towed water sport outcomes with all vessel outcomes and shows that 40% of major injuries, 43% of minor injuries and 42% of all injuries over the six years resulted from towed water sport incidents. Given that towed water sport registrations are approximately 6.3% of the total and towed water sport activity is 5% of all vessel trips. PWC activities are over represented in the injury statistics. Appendix 6 discusses how the injury costs were derived for the purposes of this report. These values are: ff The average cost of a hospital stay up to 7 days is $5000 ff The average cost of hospital stays > 7 days is $147,600 98 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Table 32 - Towed water sport related injury admissions period 2003/4-2008/9 2003/04 2004/05 2005/06 2006/07 2007/08 2008/09 Annual average Major injuries ($147,600 per incident) Towed water sport 73 93 81 91 121 109 95 Towed water sport major injury Costs $ 10,774,800 $ 13,726,800 $ 11,955,600 $ 13,431,600 $ 17,859,600 $ 16,088,400 $ 14,022,000 156 211 244 223 298 284 236 Total Costs ($m) Total incidents $23.03 $31.14 $36.01 $32.92 $43.98 $41.92 $34.83 Towed water sport 190 242 288 299 292 313 270 Towed water sport minor injury Costs $ 950,000 $ 1,210,000 $ 1,440,000 $ 1,495,000 Minor injuries ($5,000 per incident) Total incidents Total Costs ($m) $ 1,460,000 $ 1,565,000 $ 1,350,000 379 514 703 679 810 711 633 $1.90 $2.57 $3.52 $3.40 $4.05 $3.56 $3.17 The cost of major injuries (hospital admissions) from towed water sport incidents/accidents for the years 2003/4 and 2008/9 is estimated at $83,836,800, an average of $14,022,000 per annum. The cost of minor injuries (hospital emergency department presentations) from towed water sport incidents/accidents for the years 2003/4 and 2008/9 is estimated at $8,120,000, an average of $1,350,000 per annum. 3.10.6.4 Summary of fatalities and injuries Towed sport activities have a higher human risk factor for the towee than the operator of the vessel, due to the nature of the activity. While most injuries occur from over confidence or risk taking etc, some can be attributed to the vessel operator, through carelessness or inexperience, as well as through inattention by the observer. ff The operator is relying on the ability of the observer to pass on instructions between the towee and the operator. Incorrect information from the observer can put both the towee and the vessel at risk. ff There can be distraction on the part of a new and inexperienced operator as there is a compulsion to look around and not concentrate on the hazards ahead. The table below demonstrates the current knowledge requirements in the present recreational boat licence hand book and test. Also identified, from the bow-ties, are the factors that could be included in an improved knowledge test and factors that could be the subject of training and/or assessment in a competency based test. 3.10.6.5 Is there a distinct skill set required to safely operate a vessel during towed water sport? The following unique characteristics of towed water sport activities suggest that a distinct skill set above that required for standard recreational boat operations is required dealing specifically with these issues of difference. ff There are a number of people with specific responsibilities for the safety of the activity e.g. boat operator, observer and towee. ff While the speed at which a vessel tows may not be extreme, the towee can reach a considerably higher speed when cutting across the wake. Chapter 3. Licence Endorsements 99 Table 33 - Elements suggested for the options Information Current Knowledge Test Improved Knowledge Test Weather, conditions, vessel and personnel are checked for suitability for planned trip Y Y Y Education about implications of fitting larger outboard engines Y 2.1.4 Performance of the boat and personnel is monitored at all times Y 2.1.5 Impact of boat use on others and the environment is considered (nuisance?) Y 2.1.7 Training is given on handling a vessel at speed and turning at speed Y 2.1.10 "Defensive Operation Skills" - understanding operational hazards and how to reduce the likelihood of them becoming a risk (also to include operating at night) Y 2.1.11 Skills for taking evasive action while towing skier, wakeboarder etc. Y 2.1.12 Understand risks of high speed operation Y 2.1.13 Understanding physics of towing someone Y 2.2.11 Education about appropriate speed for conditions Y Y 2.2.2 Collision avoidance techniques are applied when required in accordance with relevant legislation, recognised regulations and rules Y Y 1.3.1 100 Y Practical training/ Experience Competency based assessment Training course plus assessment Y Y Y Y Y Y Y Y Y Y Y Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Information Current Knowledge Test Improved Knowledge Test Y Y 2.2.9 Having a separate observer role while towing Y 2.2.15 Importance of having spatial awareness Y Y Practical training/ Experience Competency based assessment Training course plus assessment Y Y Y First-aid training (separate course) 3.10.7 MUARC survey The MUARC survey on Marine Safety in Victoria reports in detail on hospital treated injuries covering various years. Causes and outcomes of injuries suffered from water ski activity, resulting in emergency department presentations, was similar to those for people that were admitted to hospital e.g. incidents were caused mainly by falls, lower body (knee, leg) was the most common area injured (followed by face and neck) and the age and gender profile of those injured was very similar. MUARC concludes its analysis by stating that injury in this activity is not well researched. The measures they suggest to reduce injuries apply to boat operators, skiers and observers. These include higher levels of fitness, better equipment and equipment design, and the provision of skills and safety training for participants. Though almost every jurisdiction has regulations regarding towed sports, there has been minimal effort to engage towed sport communities. Although access to clubs and associations is readily available, access to the weekend recreational skier is made difficult, due to the absence of any endorsement requirements or mandatory formal training requirements for participants. According to the Follow up study of hospital treated recreational boating injury (Ashby, Cassell, Congiu, 2004-2006) water skiers and wake boarders were more likely to have taken lessons than knee boarders and inflatable tube riders. However, of the 43 towed sport participants who had taken lessons, 23 reported that instruction was provided by family members or friends, 17 were trained by certificated instructors and only 3 were trained by ski club members. 3.10.8 Exposure From the MUARC report, towed water sports ranked third in terms of popularity of boating activities, accounting for 8.9% of vessel trips (n=81,650), 15.7% (n=347,080) of person trips, 6.5% of on water hours (n=368,651) and 11.6% of person on water hours (n=1.65m). First Aid 3.10.9 Objectives of regulation The objective of regulation is to improve safety by improving the competencies of masters and operators of vessels that engage in towing activities. The intent is to provide an environment that would prevent incidents caused by human factors. Regulation establishes the conditions which operators can develop the skills to become competent masters through establishing knowledge based and skills assessment requirements. 3.10.10 Options 3.10.10.1 Option 1 - Base case TSV is responsible for the licensing of boat operators. There are no regulatory requirements for registration/ training or licensing of skiers. The Victorian Recreational Boating Safety Handbook covers hand signals and the basic rules for operators with observers. TSV has minimal information about towed sports for participants on its website. Only general licence operators are able to tow. TSV has specified that the minimum age for an observer must be 12 years and that a maximum of 3 people can be towed at any time. Towing is only permitted during daylight hours, between one hour before sunrise and one hour after sunset. ,. TSV does not set standards for the formal training of people operating a vessel which is towing, or for an observer. An observer is not required to have any knowledge of the marine environment or safe operation of vessels. Maintaining the status quo would preserve this situation. 3.10.10.2 Option 2 - Improved information – without requiring an endorsement. This option would provide information about towing operations in the TSV boat operation hand book. TSV would also make a DVD or similar material specifically available to all people wishing to operate a vessel towing. Chapter 3. Licence Endorsements 101 The DVD or similar material could demonstrate towedsport injury prevention and strategies, including: ff Preparatory exercises for the persons to be towed ff Technique tips for both the master and the tow-ee ff Checking the condition and suitability of the equipment to be used ff On-water hazard identification ff Observer responsibilities and understanding of hand signals ff The dangers associated with retrieving the tow-ee ff Wearing the correct PFD type ff Local knowledge and site risk assessments ff The human consequences of not managing the risks This option is aimed at raising the master’s awareness and knowledge to the risks that can be associated with towing for both the operator and the people being towed. 3.10.10.3 Option 3 - An endorsement containing improved information with an improved knowledge test, based on this information. This option would provide information about towing operations in the hand book and make a DVD or similar material available to all wishing to operate a vessel towing. TSV could design an appropriate DVD with support material. Make the material readily available to operators of all vessels. Support and encourage operators to work through the information and attend any courses contained in the literature prior to taking the mandated test. The following elements should be contained in the DVD, any similar mechanism and material for masters operating at high speed: ff Preparatory exercises for the persons to be towed ff Technique tips for both the master and the towed ff Checking the condition and suitability of the equipment to be used ff Avoidance of shallow waters and fixed objects ff On-water hazard identification ff Observer responsibilities and understanding of hand signals ff The dangers associated with retrieving the towed person(s) back on board 102 ff Wearing the correct PFD type ff Local knowledge and site risk assessments ff The human consequences of not managing the risks The outcome of this option is aimed at not only raising the master’s awareness to the risks and skills that can be associated with towing but by also demonstrating via a test, retention and understanding of the knowledge gained. 3.10.10.4 Option 4 – An endorsement containing improved information with an improved knowledge test and a practical assessment. This option would provide information about towing operations in the hand book and make a DVD or similar material available to all wishing to operate a vessel towing. TSV could design an appropriate DVD with support material. Make the material readily available to operators of all vessels. Support and encourage operators to work through the information and attend any courses or training contained in the literature prior to taking the mandated test and practical assessment. The following elements should be contained in the DVD, any similar mechanism and material for masters operating at high speed: ff Preparatory exercises for the persons to be towed ff Technique tips for both the master and the towed ff Checking the condition and suitability of the equipment to be used ff Avoidance of shallow waters and fixed objects ff On-water hazard identification ff Observer responsibilities and understanding of hand signals ff The dangers associated with retrieving the towed back on board ff Wearing the correct PFD type ff Local knowledge and site risk assessments ff The human consequences of not managing the risks The skills to be tested in a practical assessment are: ff High speed operation including turning and manoeuvres while towing ff Collision avoidance techniques while towing ff Stopping safely to protect the person being towed Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 ff Retrieval procedures and taking a person on board from the water ff Demonstration of equipment checking and fault finding ff Towing etiquette This option aims to raise the master’s awareness of the risks and knowledge and develop the necessary skills to operate safely while towing. A knowledge test and a practical assessment, including demonstrating knowledge of towing, are integral to this option. The assessment would ascertain whether the master could demonstrate they had the skills necessary to safely manage a vessel whilst towing. 3.10.11 Risk assessment In considering an endorsement for this activity it is relevant that the majority of injuries relate to the person being towed. The master can avoid hazards and keep the person being towed in safe water but they have limited control over any activities the person being towed may decide to execute, such as jumping the wake or performing a trick. While the master can develop the skills necessary to manage the vessel and to some extent the person being towed, the skills and knowledge of the person being towed are less easily managed by the master. 3.10.12 Cost Benefit Analysis In order to objectively examine the options a cost benefit assessment has been carried out. Appendix 6 contains full details of the cost – benefit methodology and includes the calculations which lead to the values presented here. The options were assessed by calculating benefit – cost ratios (BCRs). Benefits were estimated in terms of the value of reduced injuries, fatalities and property damage which could be attributed to the general licence test. Costs were estimated based on the costs of implementing the various possible licensing regimes. Forward projections of the benefits were calculated based upon two models ff The average values of the past data being used to estimate future values ff The trend values of the past data being used to estimate future values. The actual BCR value is hard to determine as it will depend whether trend based future values or average based future values will dominate the future benefits. In order to resolve this BCR ranges for each delivery option assessed are used. It is assumed that the realised BCR value would lie somewhere within this range which is bounded by the average and trend values. Education and training the tow-ee has not been made an option in this paper. Table 34- Summary of BCR results for towed water sport endorsement options Enhanced information Knowledge test enhancement 4.01% 8.37% 27.14% Towed water sports endorsement Trend based 5.73 4.60 Towed water sports endorsement Average based 2.3 1.8 Towed water sports endorsement % drop in negative outcomes Logbook Practical test Training Training and test Chapter 3. Licence Endorsements 103 Table 34 above shows the estimated reduction in injuries that differing delivery options could deliver. As expected the reduction in injuries by completing a practical test is expected to be higher than for an enhanced knowledge test and improved information alone. The table also shows the BCR values which have been estimated for each option and which are also shown in Figure 31 below. The ranges show that the range of estimated BCR values range from 1.8 to 5.73. This indicates that it is highly probable that an intervention will have greater benefit than the costs to deliver the benefit. These results mean that these results support improved licensing reforms for PWC operators on a purely economic basis. Figure 31 - BCR ranges for investigated towed water sport options Range of BCR values between values based on long term trends and values based on long term averages for towed water sport operations 5 4.5 4 3.5 3 2.5 2 1.5 1 0.5 0 Enhanced Knowledge The above values were further weighted based upon any changes to the base licence method. It was felt that an improved basic licensing regime (should one be implemented) would have the effect of reducing the effectiveness of an improved towed water sport endorsement. The table below illustrates this with some examples of how the range of towed water sport values could be assumed to change with differing improved basic licence delivery options. This table illustrates that any changes to basic licence would make any towed water sport endorsement changes more marginal. Thus should changes to a basic licence scheme materialise then their effect on any changes to the towed water sport endorsement will need to be further examined. Practical Test It is the master/operator that requires the licence and thus the master/operator who acquires increased competency through any changes to the licensing regime. The endorsement is not aimed at the towee and will not effect his or her decisions. In order to account for this Table 35 includes weightings for the BCRs to account for the relative level of incidents resulting from the towee’s decisions as opposed to the master/operator’s decisions. In the table a value of 100% assumes that all water sport incidents are attributable to operator failures, 50% assumes that 50% are attributable to operator failures and 50% are attributable to decisions by the towed person. The effectiveness of any towed water sport endorsement will be further reduced as a significant proportion of injuries in the towed water sports sector are due to decisions made by the towee. In comparison to other boating activities, a larger proportion of injuries are not ‘susceptible’ to being prevented by the master/operator, no matter how skilled they are. 104 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Table 35 - T owed water sport endorsement BCRs weighted for overlap due to licence method and the percentage of efficiency of the endorsement based on assumed percentage of incidents attributable to the operator. Weight due to base licence method Range of knowledge test BCRs – BCR trend to BCR average Range of Practical Assessment BCRs – BCR trend to BCR average Towed water sports endorsement proportion of cost ‘susceptible’ to licensing No change 0% Enhanced knowledge test 5% Training or logbook 10% Practical Assessment 15% Training plus Assessment 20% 100% 5.73 – 2.3 5.44 – 2.19 5.16 – 2.07 4.87 – 1.96 4.58 – 1.84 90% 5.16 - 2.07 4.90 - 1.97 4.64 – 1.86 4.38 – 1.76 4.13 – 1.66 80% 4.58 - 3.68 4.35 – 3.50 4.13 – 3.31 3.90 – 3.13 3.67 – 2.94 50% 2.87 – 1.15 2.72 – 1.09 2.58 – 1.04 2.44 – 0.98 2.29 – 0.92 100% 4.6 – 1.8 4.37 – 1.71 4.14 – 1.62 3.91 – 1.53 3.68 – 1.44 90% 4.14 – 1.62 3.93 – 1.54 3.73 – 1.46 3.52 – 1.38 3.31 – 1.30 80% 3.68 – 1.44 3.50 – 1.37 3.31 – 1.30 3.13 – 1.22 2.94 – 1.15 50% 2.30 - 0.90 2.19 - 0.86 2.07 - 0.81 1.96 - 0.77 1.84 - 0.72 The table of ranges above illustrates the impact of both an improved basic licence and the assumptions of differing level of responsibility for incidents between the tower and the towee. The table indicates that except where the towee takes a large part of the responsibility (over 50%) there is economic benefit based upon BCRs in implementing a towed water sport endorsement. 3.10.13 Summary of towed water sport options There is evidence that the current licensing and endorsement regime could be improved to better manage towed water sports. A towed water sport endorsement would be aimed at improving the competency of masters and operators of vessel engaged in towed water sports and thereby reducing the human contribution to incidents. Current outcomes indicate that whilst towed water sports make up a small percentage of the total recreational vessel activities they are involved in a disproportionate number of incidents and injuries The evidence which is used to make a case for a towed water sports endorsement is supported by the economic analysis which shows that the options suggested are economically justifiable. 3.10.14 Case for towed water sport endorsement improvements The following points summarise the case for a towed water sport endorsement: ff That the current interventions (whether licensing or not) do not adequately ensure that operators are competently trained. A basic marine licence test addresses issues such as rules of the road and legal requirements but it does not address the particular operational issues associated with towed water sports. ff That these issues generally relate to National Competency 2 – Safe Operations. ff Lack of situational control of the person being towed requires the boat operator to take significant responsibility for the safety of all parties involved and also possess high level boat handling skills. ff Given the high speeds, interaction with other vessels and the towing of multiple persons, it is important that masters have a complete understanding of safe boat handling, particularly in high risk situations. ff That operational issues need to be adequately covered by the licensing scheme ff A high level of injuries, hospital admissions and emergency department presentations from towing activities indicates a significant need to improve the skills and knowledge of boat operators engaged in towing. Chapter 3. Licence Endorsements 105 ff Towed water sport activities represented 8.9% of vessel activities. Operations represented 8.9% of vessel trips, 15.7% of person trips, 21.6% of on water vessel hours and 21.4% of on water person hours. ff 40% of major injuries, 43% of minor injuries and 42% of all injuries over the six PWC over the period from 2003/4 to 2008/9 ff Injuries from towed water sports have been trending upwards over the last 6 years. ff Most of the injured were males and almost 62% were aged between 15 and 34 years and 80% under 40 years. ff The cost of major injuries (hospital admissions) from towed water sport incidents/ accidents for the years 2003/4 and 2008/9 is estimated at $83,836,800, an average of $14,022,000 per annum. ff The cost of minor injuries (hospital emergency department presentations) from towed water sport incidents/accidents for the years 2003/4 and 2008/9 is estimated at $8,120,000, an average of $1,350,000 per annum. ff It is estimated that the number of injuries could be reduced by approximately 8.7% saving $1,337,364 should an enhanced knowledge test be introduced. ff It is estimated that the number of injuries could be reduced by approximately 27% saving $4,150,440 should a practical PWC operator assessment test be introduced. ff Un weighted benefit cost ratios (BCRs) for testing via a knowledge test are positive ranging between 2.3 and 5.73. BCRs weighted for improved basic licences and allocating up to 50% of the responsibility of incidents to the towee remain strongly positive. ff Benefit cost ratios (BCRs) for testing via a practical test are positive ranging between 1.8 and 4.6. BCRs weighted for improved basic licences and allocating up to 50% of the responsibility of incidents to the towee remain strongly positive. 3.10.15 Arguments against a separate licence endorsement for towing activities The following comments have been considered when looking at whether an endorsement would deliver an outcome of less incidents and injuries: ff The majority of injuries are incurred by skiers are sprains & strains, many of which can occur as a result of inadequate skiing expertise or lack of fitness and conditioning. There is no evidence to support that enhanced boat handling skills would prevent many of these injuries. ff Given the range of factors that can cause towing incidents there are no obvious tests that would satisfy compliance with the endorsement that could not be delivered through general licence knowledge and practical testing. ff Raises questions of training for observers, and consideration of whether an observer should have greater expertise and maturity e.g. raise the age/qualifications of observers to 16 and/ or for them to be full licence holders. 3.10.16 Recommendation Whilst a knowledge test using a model similar to the current PWC endorsement could be implemented reasonably easily it would yield modest returns in terms of injury reduction. It is recommended that new operators would be required to successfully complete a practical assessment to demonstrate the skills required to be a master for towed water sport. However, such a test could pose significant practical difficulties. There are a number of physical difficulties with implementing such a test should a towee be required. Alternative methods may need to be developed which simulate a towee before a practical assessment becomes a viable option. Should a practical assessment be too difficult to implement then a knowledge test based endorsement should be introduced. Whichever method is adopted, TSV should add more information in the supplied licensing materials relating to the operation and dangers of towing and these could be tested as part of the basic licence test. Therefore Option 4 is recommended. An improved hand book is made available to all new operators prior to the general masters licence test. Upon successfully obtaining a basic licence, a practical towing assessment would provide the means for the new operator to demonstrate the skills required to be a master for towed water sport. Upon completion of this test an endorsement would be awarded. 106 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 However the difficulties with this approach are acknowledged. It is recommended that a towed water sports knowledge test based endorsement be introduced. 3.11 Endorsement for operators of vessels capable of carrying more than 12 passengers 3.11.1 Nature and extent of problem 3.11.1.1 Background Vessels that carry large numbers of passengers face additional risks due to the hazards associated with managing people in emergencies. To address these risks improved preparedness is necessary. For commercial vessel, crew training, processes and procedures are required to ensure that in an emergency passengers may be evacuated safely and that they have a basic understanding of the use of lifesaving equipment e.g. lifejackets. In the recreational sector there is little or no information available which identifies any knowledge or skills that are specifically aimed at managing the operations of larger vessels or the management of people onboard them in the event of an emergency. More specifically there is no licence endorsement, nor any other mandated requirement, for operators or masters of recreational vessels that are capable of carrying large numbers of passengers. The Department of Transport discussion paper into Marine Safety in Victoria in 2009 raised the concept of an endorsement for operators of vessels that are capable of carrying 12 or more passengers. Twelve passengers was chosen as this parallels the experience in the commercial sector where vessels carrying more than 12 passengers must meet more stringent requirements than those carrying 12 passengers or fewer. The table below supplies a reference to the size of vessels which have the capacity to carry 12 or more passengers. It comes from the draft Marine Regulations 2011 and is a tabular version of the formula for maximum vessel capacity in the regulations. Figure 32 - Table showing the maximum number of people vessels of 7m and larger are permitted to carry Column 1 Length Column 2 Breadth of less than 2.5 metres Column 3 Breadth of 2.5 metres or more but less than 3 metres Column 4 Breadth of 3 metres or more but less than 3.5 metres Column 5 Breadth of 3.5 metres or more but less than 4 metres Column 6 Breadth of 4 metres or more but less than 4.5 metres Column 7 Breadth of 4.5 metres or more but less than 5 metres Column 8 Breadth of 5 metres or more 6 metres or more but less than 7 metres 6 7 7 8 9 9 10 7 metres or more but less than 8 metres 7 8 9 9 10 11 11 7 metres or more but less than 8 metres 8 9 10 11 12 12 13 8 metres or more but less than 9 metres 9 10 11 12 13 14 15 9 metres or more but less than 10 metres 10 11 12 14 15 15 16 Chapter 3. Licence Endorsements 107 Column 1 Length Column 2 Breadth of less than 2.5 metres Column 3 Breadth of 2.5 metres or more but less than 3 metres Column 4 Breadth of 3 metres or more but less than 3.5 metres Column 5 Breadth of 3.5 metres or more but less than 4 metres Column 6 Breadth of 4 metres or more but less than 4.5 metres Column 7 Breadth of 4.5 metres or more but less than 5 metres 10 metres or more but less than 11 metres 12 13 14 15 16 17 18 11 metres or more but less than 12 metres 12 14 15 16 18 19 20 12 metres or more but less than 13 metres 13 15 16 18 19 20 21 13 metres or more but less than 14 metres 14 16 18 19 21 22 23 14 metres or more but less than 15 metres 15 17 19 21 22 23 25 15 metres or more 16 18 20 22 23 24 26 An endorsement for masters of vessels with maximum capacities of 13 or more persons (master plus 12 passengers) would apply to vessels of 8m in length that have a beam of more than 4m or more. An endorsement could apply to masters of vessels in this length range. Approximately 4% of the Victorian fleet are in this length range. The endorsement if appropriate could apply to new operators of vessels of this size. 3.11.1.2 The Victorian Recreational Safe Boating Handbook Boating requirements, applicable to all vessels, such as trip planning and emergency procedures are included in the recreational boating handbook. There are no specific references to vessels with the capacity to carry 12 or more passengers. One issue requiring resolution would be whether the endorsement should apply to masters of vessels capable of carrying 12 or more passengers or only to masters of vessels actually carrying more than 12 passengers. 108 Column 8 Breadth of 5 metres or more Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 3.11.2 Experience from other jurisdictions No Australian jurisdiction has any specific endorsement, special education or special training requirement imposed on persons operating larger recreational vessels or on vessels with larger numbers of passengers. 3.11.3 Incident data in relation to large vessels with high number of passengers ff Rules on lifesaving equipment be ‘rigidly enforced’. ff A public education campaign be held to increase awareness of safety aspects. There were no recommendations regarding improved licensing or skills of persons who operate vessels with large numbers of passengers. 3.11.3.2 Collision between the ferry Pam Burridge and the motor cruiser Merinda in March 2007 There is no specific incident data that identifies whether recreational vessels capable of, or carrying, more than 12 passengers have been involved in boating incidents in Victoria. Late in the evening of 28 March 2007, the ferry Pam Burridge and the motor cruiser Merinda collided in Sydney Harbour. Of the twelve people aboard the Merinda, four died. Standard incident data fields do not record the number of passengers on the vessel at the time of the incident. However, should there have been any fatalities, serious injuries or specific incidents where large numbers were a contributing factor the numbers would be mentioned. The coroner concluded that the incident was a result of a combination of human and systemic factors. He found that the Merinda was travelling without navigation lights on which led to her not being seen by the ferry. The coroner made numerous recommendations, but none which specifically dealt with issues of managing large numbers of passengers in emergency situations. However in New South Wales there have been fatal incidents with vessels involving 12 or more persons on vessels. Details of three incidents are set out below: 3.11.3.1 Capsize of N’Gluka in 1990 The 12 metre motor vessel N’gluka was carrying 49 people when the accident occurred in waters off Port Stephens. In January 1990, the boat veered out of control while on a pleasure trip then capsized when brought to an abrupt halt. Five children drowned in the submerged cabin of the boat. The NSW Coroner’s report stated “the safe number of people to have on this vessel was about 20”, and “I am satisfied this accident occurred because the vessel was grossly overloaded.” The Coroner made a series of recommendations to the Maritime Services Board which included: ff That limits be imposed on the number of people allowed on recreational vessels. ff Where a boat has more than one set of controls, the driver ensures that the controls not in use cannot be operated. Recommendations concerned with improving recreational vessel licensing requirements; were aimed at improving the basic licensing test for all boaters, including requirements for practical testing and operating at night time. 3.11.3.3 Collision between a 23 ft runabout and a fishing vessel in May 2008, Fourteen people were on an allegedly stolen vessel, which was legally permitted to carry only 8, when it collided at night with a fishing vessel on Sydney Harbour. 5 people were killed. A formal enquiry had not sat at the time this paper was prepared and the cause has yet to be established. 3.11.3.4 Coroner’s recommendations In none of the incidents outlined above were there any recommendations from the coroner that people management was an issue. This could be reflective of the lack of insight in this area, the investigations tended to be looking at the causes rather than the effectiveness of the mitigations after the event occurred. ff That escape hatches open from the inside and outside. 3.11.4 ff That boat manufacturers be required to fix a plate near each steering area on the boat, indicating its maximum loading and any other special restrictions. (note: The Australian Builders Plate requires this information to be mounted in a plate on new vessels and has been mandatory in Victorai since 2009). Registration data on vessels was analysed to ascertain how many vessels are registered in Victoria capable of carrying 12 or more passengers Current registrations are taken as being 170,000 vessels. It was assumed that those boats that are 8 metres or longer would be suitable for taking 12 passengers or more. Victorian recreational vessels over 8 metres Chapter 3. Licence Endorsements 109 The overall number of registered vessels that are 8 metres or longer is 2.75% of total vessels. There are 4,680 vessels in this length range. Of these vessels approximately two-thirds were motor vessels and onethird yachts. Anecdotally Victoria is experiencing an increase in the number of vessels of this size. Recent developments such as in Docklands, have increased berthing space for larger vessels and additional marinas are being planned and built throughout Victoria. While these vessels could carry large numbers of passengers, there is no evidence that this actually occurs to any significant extent. In fact very few recreational vessels with the capacity to carry more than 12 passengers are being operated to that capacity. Therefore while it is important for vessel operators to be able to manage emergency situations involving large numbers of people, these situations are very uncommon. 3.11.5 Stakeholder comment Stakeholder comment during the Marine Review consultation process supported a range of licence endorsements for high risk vessels and for operating in high risk areas. However there was no support for an endorsement operators of recreational vessels capable of carrying 12 or more passengers. 3.11.6 Commercial qualifications for these types of vessels To operate an equivalent large commercial vessel that would be capable of carrying or be permitted to carry 12 or more passengers an operator would, at minimum, require a coxswain’s certificate. The requirements for completion of a coxswain’s certificate are 360 days (1,800 hours) of sea time and a further 2 to 3 weeks of course attendance, which covers topics such as basic seamanship, navigation, boat handling, mechanical engineering and COLREGS. While it is not suggested that a recreational operators should be required to acquire this level of skills and knowledge, it does demonstrate the wide gap between recreational and commercial qualifications and potentially the need for recreational boat operator qualifications to be raised. 3.11.7 Objectives of regulation The objective of regulations for this endorsement is to improve safety by ensuring the master has the skills and knowledge to protect, as best as possible, the well-being and safety of passengers on the vessel under their control and in an emergency situation. 3.11.8 Identified knowledge and skill requirements From the bow tie analysis in Appendix 4 and the discussions held with stakeholders a number of elements which could be used to develop an endorsement were identified. The table below identifies which elements provide the knowledge requirements in the current test and the specific information that would be beneficial for an improved knowledge test. It also highlights the skills that could be subject to practical training and/or tested in a competency based skills assessment. 110 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Figure 33 - Table of elements identified for knowledge and skill requirements for operating a vessel carrying 12 or more passengers. Information Current Knowledge Test Improved Knowledge Test Practical training/ Experience Designate vessel muster stations Y Y Have evacuation plan Y Y 2.1.10 "Defensive Operation Skills" - understanding operational hazards and how to reduce the likelihood of them becoming a risk (also to include operating at night) Y Y Y 2.2.2 Collision avoidance techniques are applied when required in accordance with relevant legislation, recognised regulations and rules Y Y Y 3.1.6 Launching and entering liferaft/ dinghy Y 3.3.1 On board personnel are informed of actions required to deal with the emergency Y 3.3.2 Procedures are implemented to combat emergency and protect persons on board Y Competency based assessment Y Training course plus assessment Y Y Y Y First-aid training (separate course) First Aid 3.3.6 Preparation for abandoning the boat is undertaken, if required Y 3.5.1 Vessel being swamped and capsized Y 3.5.3 Use of vessel muster stations Y 3.5.4 Use of headcounts to manage numbers of passengers Y 3.5.5 Using a lifebuoy 4.1.1 Bar Crossing Training Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Chapter 3. Licence Endorsements 111 The majority of elements come together under the national competency which addresses emergency management and this competency would form the core of any requirements. 3.11.9 Summary The questions are whether masters of vessels with high passenger numbers require additional skills and knowledge compared to those of vessels with fewer persons and, if so, is there sufficient evidence in terms of incidents, fatalities and injuries to support the introduction of an endorsement. Vessels with large numbers of passengers impose different hazards compared to smaller vessels as person management has increased importance, particularly in emergency situations. There have been no incidents in Victoria involving recreational vessels with large numbers of passengers and there is no other recorded evidence from Victoria to suggest there is a problem with recreational vessels that can carry 12 or more passengers. However incidents from other jurisdictions illustrate that when incidents do happen to these vessels they can result in multiple fatalities. Larger recreational vessels make up a small percentage of registered vessels although numbers are increasing possibly pointing towards an increased likelihood of a significant incident. Interventions that have been considered include: ff Alerting masters to hazards by providing information aimed at improving a master’s knowledge of the different hazards associated with operating with a large number of passengers and providing material to help him or her develop suitable processes and procedures to manage passengers in emergency and unexpected situations. ff Mandate a knowledge test aimed at testing some of the information provided above leading to an endorsement. ff Mandate practical training to assist a master to develop procedures and processes including passenger briefings on safety equipment and what to do in an emergency. The training could include ‘in the water’ training on emergency and survival techniques enabling the master to experience the reality of an emergency in a controlled environment. Successful applicants would receive an endorsement. Due to the lack of hard evidence of a real problem allied to the expected costs of formal testing or training neither a test nor a mandated training course is supported. Should future evidence point to a definite increase in the risk profile then the introduction of some form of endorsement tied to a knowledge test or practical training with or without an assessment for masters of vessels that fall into this category should be further investigated. 3.11.10 Options 3.11.10.1 Option 1 - Base case In Victoria there is no record of incidents, fatalities or injuries suggesting adverse outcomes from the status quo. There are no indicators that there is a problem requiring significant intervention to mitigate. However the growing number of vessels capable of carrying larger numbers of people may be a risk indicator highlighting an increase in risk without the level of risk it being of concern. 3.11.10.2 Option 2 - Improved information. The expected increase in the size of the fleet brings with it an increase in congested waterways, particularly in rivers and near marinas which could bring about incidents due to a lack of skills and therefore some improved knowledge of the hazards and risks larger vessels face could be introduced. Larger recreational vessels currently make up a small percentage of registered vessels although numbers are increasing pointing towards an increased likelihood of a significant incident Improved information could be provided as part of the recreational licensing materials, possible in the form of a workbook which a master can work through with ideas for processes and procedures which could be adapted to suit particular vessels. Some form of audio-visual presentation such as a DVD or similar material could also be made available. Masters of large vessels could also be encouraged to attend existing safety courses such as those described below as a way to improve skills. The following elements should be contained in the information. ff The risk management of a vessel carrying more than 12 passengers which may be significantly larger than the majority of recreational vessels. ff Passenger management in emergency and non emergency situations including safety briefings. ff The concepts of evacuation drills and muster stations. ff Processes for contacting and communicating in an emergency. ff Pre-trip briefings 112 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 ff Fatigue, drug and alcohol management ff Deployment of safety equipment including and entering a liferaft. ff Vessel loading and stability and the influence of people on this. ff The importance of maintaining a proper lookout. The option is aimed at raising the master’s awareness to the risks associated with the carriage of 12 or more passengers by the use of improved access to knowledge of these risks and advice on how to manage them. 3.11.10.3 Currently available practical courses which may address some of the operational issues with larger vessels. The following courses are currently available and cover many of the elements discussed above. Yachting Australia has developed Safety and Sea Survival Course which is modelled on the International Sailing Federation (ISAF) model training course for offshore personal survival. The course is a twoday (at least 16 hours) intensive course and costs approximately $345. The course includes a practical wet drill involving deployment and use of a life raft, flare detonation in a controlled environment and theory sessions. The commercial vessel Coxswain course includes a subject called ‘The Elements of Shipboard Safety - Personal Survival Techniques’. This module takes approximately 2 days and is available via Victoria’s registered training organisations (RTOs). The course covers: ff TDM MF 5507A Fight and extinguish fires on board a coastal vessel ff TDM MF 5407A Observe safety and emergency procedures ff TDM MF 1107B Survive at sea in the event of a vessel abandonment The course also includes a practical wet drill involving deployment and use of a life raft, flares detonation in a controlled environment and theory sessions and is from the TDM Marine package. 3.11.11 Recommendation The recommendation is to introduce Option 2 and provide improved information to vessel masters on the hazards of operating vessels carrying greater than 12 passengers along with template processes and procedures which could be adapted for specific vessels. Chapter 3. Licence Endorsements 113 114 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Appendix 1: Stakeholder feedback on the current licensing framework General response from Marine Safety Act 2010 consultation process In 2009 a comprehensive discussion paper was issued as part of the review of the Marine Safety Act 1988. This paper was supported by an extensive consultation process which included over 25 meetings held across the state addressing over 800 participants. Stakeholders (recreational boat users, industry associations and the enforcement agencies) were invited to respond to a number of questions regarding existing recreational boat licences and possible options for improvement. Ninety-five written submissions commented on whether skills based testing should be introduced for recreational boat operators. Over 62% of those responding to a question on whether skill based license testing should be introduced, supported the proposal. At all meetings stakeholders commented that the current licensing arrangements were ‘too easy’ and that many existing license holders were not competent to safely operate vessels despite passing the knowledge test. Particular concerns from stakeholders were: ff boat handling, ff launching and landing a vessel, ff trip preparation. ff understanding weather and sea conditions, and ff safety equipment i.e. ensuring the correct equipment was carried and that it was in operating condition. Stakeholders against practical testing did not favour it for reasons of cost and it being an imposition, in particular a belief that it may prove a deterrent to people taking up boating. These stakeholders believed that boater skills would be enhanced by experience. Nevertheless, both groups, those for and against practical testing, supported higher levels of supervision for young and new boaters. The table below summarising particular licensing issues arising out of the consultation. The general view was that the current licensing system only provides an operator with a limited understanding of boat operating rules and that it does not enable operators to identify risky or difficult situations or provide the knowledge and expertise to deal with those situations. Appendix 1: Stakeholder Feedback on the current licensing framework 115 Table 36 - Stakeholder summary Recreational licences: general issues Summary of issues Stakeholder feedback At present, applicants for licences are only required to pass a knowledge-based test involving a small number of multiple choice questions. An additional knowledgebased assessment must be completed for a licence holder to be endorsed as an operator of a PWC. There is a widespread view that the current licensing regime is too lax and that it is too easy to get a licence. Applicants are not required to demonstrate boating skills or to have any practical experience prior to obtaining a licence. Nor, for example, does the applicant have to demonstrate practical experience in operating a PWC, to obtain a PWC endorsement. The prevailing view is that people can pass the test without having sufficient knowledge of boating rules and safety issues. A substantial percentage (40%) of recreational vessel incidents and injuries are caused through human factors such as inexperience, navigational error and errors of judgment. Available safety data suggests there is a case for increasing the level of skills and knowledge of operators before they receive their recreational boat operator licence (RBOL). −− Majority support for skill based testing (62% of 155 respondents). −− Majority support for an increased endorsement system (63% of 115 respondents). −− While there is broad support for the above options, key stakeholders raised important practical considerations. −− There is a wide range of views on what skills based testing actually entails - e.g. some respondents support on-water testing while some believe a simulator test would be appropriate. −− Peak bodies including the Boating Industry Association of Victoria, the Recreational Fishing and Trailer Boat Owners Advocacy and Support Group and the Australian National Sportfishing Association do not support on-water testing. Victoria Police Boating Industry Association (BIA) Victoria Police The BIA did not support the introduction of practical licence testing as on-water testing would represent an additional entry barrier for Victorians considering boating as a recreational pursuit. In 2010, members of the Victorian Water Police were surveyed on boat operator licensing. They cited the following as being major issues. ff A lack of skills, ff Lack of knowledge of boating rules and basic safety requirements, ff a lack of experience, and ff a poor attitude to rules and requirements. The first two of these issues can be linked to the current licensing process which comprises a knowledge based test only. The water police responses indicate that the current testing regime does not deliver competent operators. Furthermore, in areas where the knowledge based test is strongest (rules and requirements) the water police responses indicate that this knowledge is not retained. The survey responses showed that 70% and 80% of water police members (of those responding?) supported proposals for practical boating training and/or practical assessment of operators forming part of the license test. 116 There is broad support for improving the licensing system: These concerns should be put in perspective by comparing the cost of a typical boating safety course (hundreds of dollars) with the price of an entry level new vessel ($20-30,000 for a PWC or low spec vessel for example). This indicates that the cost of entry is relatively small compared to the capital cost of modestly priced new vessel (about 1% of the cost). The BIA did support the possibility of a knowledge based endorsement for towed water sports. Feedback from ‘Big Ships – Small boats’ project A stakeholder workshop was held to discuss issues relating to the interaction of commercial vessels and recreational vessels on Port Phillip. Stakeholders, including port operators, commercial vessel operators, and port pilots, agreed that there is a need for better education and skills amongst recreational vessel operators. Stakeholders observed that operators of recreational vessels demonstrated poor understanding and application of collision regulations and boat handling skills, putting themselves and others at risk. Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Transport Safety Victoria’s Summer Safety Education Officers 2009-2010 From 26 December 2009 Marine Safety Victoria (MSV - now Transport Safety Victoria (TSV)), instigated a Summer Safety Officer program to educate vessel operators in safety issues, including carrying the mandated safety equipment. The program covered most of the Victorian coast and some inland lakes and rivers. Feedback obtained, based on face-to-face interactions with a total of 1837 boaters across Victoria, highlighted a poor understanding among recreational boat licence holders of the following critical aspects of boating: ff Many boaters do not know what ‘Heightened Risk’ is and the requirements for wearing a PFD Type 1. The Marine Regulations require that a PFD is to be worn on certain recreational vessels during time of heightened risk. ff Boaters lack understanding of the requirements for wearing of PFDs. In particular: –– the requirement for PFDs to comply with specific standards, and –– special requirements for inspection and servicing of inflatable PFDs. ff Boaters lack of understanding about the type and configuration of vessel lights. Light colour, location, and configuration are used to identify vessel type and operation at night and during times of poor visibility. A vessel displaying incorrect lighting or an operator unable to interpret the lights on another vessel may increase the risk of a collision. ff Lack of understanding of different types of marine radio and requirements for use. ff Lack of understanding of the merits of using a radio compared to a mobile phone. On the water a mobile phone signal is not as powerful and there can be black spots where the mobile network is not available. ff Operators using VHF radios without being licensed. VHF is used for commercial shipping and search and rescue organisations. Unlicensed recreational vessel operators using this network may interfere with important commercial or rescue broadcasts. Appendix 1: Stakeholder Feedback on the current licensing framework 117 118 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Appendix 2: Recreational Boat Operator Licensing Schemes within Australia A key document defining the minimum core competencies for the operation of mechanically powered vessels was developed by the National Marine Safety Committee (NMSC). The National Competencies were developed from the nationally agreed Principles for common standards for recreational boat licensing. Principle 5 requires that candidates for a boat operator licence should be able to “demonstrate” a wide range of knowledge and boat handling requirements. The National Competencies comprise three individual competency units: ff Unit 1 - Trip preparation and planning; ff Unit 2 - Safe Operation; and ff Unit 3 - Responding to emergencies and incidents. It was expected that, over time, the regulators of recreational boat operators in each state would introduce these common minimum competencies into their recreational boat licensing schemes. Since 2000, most Authorities have adopted licensing schemes which are aligned to the units contained in the National Competencies. Australian jurisdictions in which a licence is required to operate a recreational vessel all have a theorybased test as part of their testing models. Queensland, New South Wales, Western Australia and Tasmania have all adopted models which address knowledge and practical skills and/or experience. They have different methods of delivery ranging from logbook experience models to competencybased assessments. South Australia and Victoria rely solely on knowledge based testing (other than for under 16 year olds in SA who have to complete a practical test). The Northern Territory and the ACT do not have registration or licensing schemes for recreational boating. Based on the outcomes of the Victorian report into the Victorian licensing system, the Victorian licence scheme does not deliver a competency outcome to the standard of the Western Australian model. A sample of boat operators evaluated and reported on in a study by MUARC found that only one Victorian out of forty-nine was able to successfully complete the competency assessment based on the WA RST model. All jurisdictions incorporate mutual recognition of interstate recreational boat licences [and other commercial qualifications] in their licensing regimes [and some have recognition of prior knowledge arrangements in place.] Most jurisdictions also have medical information disclosure requirements and eyesight testing. Set out below are the pathways to obtaining a recreational boat licence in five other Australian jurisdictions – New South Wales, Western Australia, Queensland, South Australia and Tasmania. Appendix 2: Recreational Boat Operator Licensing Schemes within Australia 119 Figure 34 - Model of NSW licensing scheme New South Wales New South Wales – Recreational Boat Licence Boating safety Course - DVD or online (1hr) - Extra PWC DVD or online (20min) PLUS Practical boating experience - 3 logged trips with supervisor OR practical boating course THEN Regulation of recreational boating in NSW is managed by NSW Maritime a state government authority headed by a Chief Executive who is responsible and accountable to the Minister for Ports and Waterways. The relevant legislation is the Marine Safety Act 1998 and the Marine Safety (General) Regulations 2009. An operator requires a boat licence to operate a powered recreational vessel at speeds of 10 knots or more. The two main licence types in NSW are the General Boat licence and the PWC licence. These two licence types are further categorised into adult and young adult licences. Young adult licences are available for 12 to under 16 year olds and adult licences for people aged 16 years or over. A PWC licence applicant must also comply with the general licence test requirements. NSW requires all initial licence applicants to complete a three-step process to obtain a boat licence. The first step is the completion of the General Licence Boating Safety Course which involves applicants watching a 60 minute presentation delivered via DVD presentation or online. This covers a variety of regulatory and safety requirements. A person applying for a PWC licence must complete an additional PWC Licence Boating Safety Course which requires watching an 18 minute presentation covering PWC specific regulatory and safety information. There is no assessment at this step. The second step requires both General and PWC applicants to provide evidence of practical boating experience. This can be done by either: ff completing a competency log (log-book option); or ff completing a practical boating course. General knowledge boating test (Theory Assesment) - 40 multiple choice questions extra 15 for PWC Recreation Boat Licence (General or PWC) - Young adult 12 to 15 y.o. - Adult 16 y.o. and above - motorised boat over 10 knots The log book option requires applicants to complete a minimum of 3 trips under the supervision of an experienced skipper who has held a licence for at least 3 consecutive years. During each trip a set of activities and discussions must be completed and noted in a log-book. The log-book activities and discussions are modelled on the national competencies. The log-book is supplied free of charge by NSW Maritime and requires both the skipper and the trainee to sign-off each activity or discussion in the log-book once completed. The log-book must be presented to NSW Maritime prior to sitting the third stage of licensing. The practical boating course must be undertaken with a recognised training provider. Boating courses are modelled on the national competencies. No minimum time is set for this course and the average cost is $150. The third step requires General and PWC licence applicants to pass the General Licence Knowledge Test. The test is a 40 question theory-based multiple choice test of which the first 15 are compulsory questions which must be answered correctly. PWC applicants must also pass the 15 question PWC Licence Knowledge Test of which a minimum of 12 questions must be answered correctly. Both tests are based on the content of NSW Maritime’s Boating Handbook and are similar to the Victorian knowledge test. Snapshot There were approximately 220,000 registered recreational vessels in NSW at 30 June 2009. 3.6% of these are PWC registrations. There were approximately 480,000 recreational licence holders in NSW at 30 June 2009. 8.1% are PWC licences. NSW recorded 11 fatalities and 66 serious injuries in recreational vessels in the 2008/09 year. 120 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Figure 35 - Model of WA licensing scheme Western Australia Western Australia – Recreational Skippers Ticket (RST) Theory Assesment - 30 multiple choice questions PLUS Practical skills and knowledge assessment - approx. 1hour on water - assessed on 11 tasks Regulation of recreational boating in Western Australia is managed by the Marine Safety Business Unit of the Department of Transport. The relevant legislation is the Western Australia Marine Act 1982 and the Navigable Waters Regulations 1958 (Part VI – Private Pleasure Boats). A Recreational Skipper’s Ticket (RST) is required to operate a motor boat which is powered be a motor greater than 4.5 kilowatts. A person must be 14 years or older to obtain a RST. However, RST holders who are under the age of 16 i.e. 14 and 15 year olds are restricted to driving during daylight hours and cannot travel faster than 8 knots. Unlicensed operation by a person aged between 10 and less than 14 years is permitted where there is direct supervision by a holder of a RST who is at least 18 years of age. All applicants are required to complete a two stage assessment process to obtain a RST. Applicants must first pass a theory-based assessment comprising 30 multiple choice questions – 24 must be answered correctly (modelled on the national competencies); and Second, pass a competency-based practical onwater assessment of approximately 1 hour duration, covering 11 tasks of competency. Some tasks are to be completed over the duration of the test, such as obeying the relevant rules and regulations. Other tasks are more specific, such as safely departing a berth, performing a controlled stop at 5 knots and safely retrieving a simulated man overboard. Recreation Skippers Ticket - 14 y.o. or above - drive motor boat greater than 6ph - under 16 y.o. can only drive during daylight and under 8 knots The on-water assessment guidelines are highly prescriptive as to how the standard is to be met, the number of attempts permitted for each task, defining minor and major breaches and providing feedback at the end of the assessment. Applicants who are considered to be ‘not yet competent’ at the end of the assessment can attempt further assessments as many times as it takes to achieve a ‘competent’ result. Further assessments will cover all 11 units and require the payment of the whole fee. The Western Australian model does not specify what training or experience is required prior to sitting a test. It is merely a test of the competencies of the applicant at the time of the test. The RST was introduced in April 2008 as the first form of recreational boat licensing in Western Australia. The Department of Planning and Infrastructure authorises assessors to undertake all aspects of the theory and practical RST assessment. The assessors charge market rates for the testing. The Department does not receive any revenue from the program and has estimated costs of about $350,000 per annum to administer the RST accreditation and audit regime. The average cost of the two assessments – theory and practical – is $99 for experienced applicants. Most assessors also provide training for inexperienced boaters for an additional $150 i.e. total $250. . Appendix 2: Recreational Boat Operator Licensing Schemes within Australia 121 Figure 36 - Model of Queensland licensing scheme Queensland Queensland – Recreational Marine Driver Licence BoatSafe practical course with theory and practical assessment - modelled on National Competencies - Successfully complete 6 units of competency through group and individual on-water exercises - 6 hours, 4 students - Extra Unit 7 for PWC operation (2-3 hours) Regulation of recreational boating in Queensland is managed by the Maritime Safety Queensland Division of the Department of Transport and Main Roads. The relevant legislation Transport Operations (Marine Safety) Act 2004 and Part 4 of the Transport Operations (Marine Safety) Regulation 2004 – Licences to operate ships. A Recreational Marine Driver Licence is required to operate a boat which is powered by a motor greater than 4.5 Kw in Queensland. An additional PWC licence is required to operate a PWC. A person must be 16 years or older to obtain a licence. There is no restricted licence in Queensland for younger operators, however, unlicensed operators may drive a boat provided a licensed driver is onboard supervising and is able to take immediate control of the boat. Unlicensed operators are prohibited from towing. Queensland was the first Australian jurisdiction to introduce a comprehensive competency based training and assessment regime for the operation of recreational vessels via the Boatsafe training course. The course was modelled on the National competencies and introduced in 2006. The Boatsafe course involves completing the following 6 units of competency: ff Prepare a recreational vessel for operation; ff Apply international and state regulations relevant to the operation of a recreational vessel; ff Assess weather conditions and forecasts; ff Operate mechanical and electrical appliances of a recreational vessel; ff Manoeuvre a recreational vessel; and Recreation Marine Driver Licence - boat with motor over 6hp -16 y.o. Applicants wishing to operate PWCs must complete an additional seventh unit - ’operating a personal watercraft’. The Boatsafe Competency Standard (October 2009} provides the most recent version of the standard applicants must meet. Applicants must possess the skills and knowledge detailed in the standard and must demonstrate competence in performing the tasks outlined at the prescribed level of performance. These matters are assessed through theory based learning and practical exercises, after which a “successfully completed” or “not yet successfully completed” result is given to applicants. The Queensland government has approved 28 training providers to conduct Boatsafe courses. The training providers are required to run each course over a minimum duration of 6 hours and for a maximum group of four students. Shorter courses can be run where the students complete the Boatsafe workbook prior to taking the course. Larger groups can be taken if the provider allocates more time and equipment. Apart from prescribing course duration and class sizes and a requirement that classes be structured around the competencies in the standard, there is no prescribed curriculum for the Boatsafe training. To date, providers have determined their own lesson plans and assessment tools. During recent Departmental consultations Maritime Safety Queensland has indicated that they are reviewing the course requirements following reports that some training providers were not achieving an appropriate balance between time spent on the water and time spent in theory-based learning. Maritime Safety Queensland is in the process of conducting activity based time-trials to help define the specific on-water components of the Boatsafe course. ff Apply safety management processes on a recreational vessel. 122 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 This may lead to the development of a more prescriptive Boatsafe course which mandates a minimum time for on-water activities. Consideration is also being given to mandating specific theorybased questions in the skills and knowledge testing components of the course. The average costs per person for the training courses are $140 each for the Boat licence or PWC courses and $240 for a combined Boat and PWC course. Snapshot There were approximately 233,200 registered recreational vessels in Queensland as at 30 June 2009. There has been an average annual growth of 4.5% since 2001. There were approximately 662,000 recreational licence holders in Queensland as at 30 June 2009. There has been an average annual growth of 5% since 2005. Queensland recorded 11 fatalities (seven incidents) and 18 serious injuries (defined as requiring overnight hospital admission) in recreational vessels in the 2008/09 year. Figure 37 - Model of SA licensing scheme South Australia South Australia – Boat Operator Licence Operator Theory Test - 50 multiple choice questions - 8 compulsory, 22 on boating rules, 20 on boating safety Boat Operator Licence - Recreational vessel fitted with an engine includes PWC -16 y.o. or above Permit Theory Test - specific theory questions including observer requirments Special permit to operate a recreational vehicle - 12 to 15 y.o. - take sole charge of vessel during daylight hours if under 4m length and capable of max speed 10 knots - longer and faster boats can be operated under direct supervision of 18 y.o. licenced operator - No towing skiers - No PWC operator - Can act as observer PLUS Practical Test - complete within 6 months of theory test - supply own boat - Approx 20 min on-water - demonstrate boat manoeuvering skills, navigation, safety, equipmnet, Colregs Regulation of recreational boating in South Australia is managed by the Department for Transport, Energy and Infrastructure. The relevant legislation is the Harbours and Navigation Act 1993 and the Harbours and Navigation Regulations 2009. A Boat Operator Licence is required to operate a vessel which is fitted with an engine including PWCs even if the engine is not being used. Licence applicants must be 16 years or older. A 50-question multiple choice theory-based test must be passed to obtain a Boat Operator Licence. A Special Permit to operate a recreational vessel is available to a person aged 12 to 15 years old and allows the person to take sole charge of a vessel during daylight hours if the vessel is less than 4m in length and capable of a maximum speed of 10 knots. Operation of any other recreational vessel (other than PWCs) is permitted under the direct supervision of a person who holds a Boat Operator Licence. Towing and PWC operation is prohibited for permit holders, however, they are permitted to act as an observer in water-skiing activities. Special Permit applicants must pass a multiple choice theory-based test and a 20 minute on-water practical skills test. The practical on-water test involves demonstrating boat manoeuvring skills, navigation skills, knowledge and use of safety equipment and knowledge of the collision regulations. South Australia also has an active school boating education program to teach secondary school children about boating safety. Appendix 2: Recreational Boat Operator Licensing Schemes within Australia 123 Figure 38 - Model of Tasmanian licensing scheme Tasmania – Motor Boat Licence Practical Tuition Course - 4-5 hours - on-water training - $150 OR PLUS Log-Book - 20 hours sea time Phasing out in 2011 Motor Boat Licence PLUS Theory Exam - 30 min multiple choice – 8 compulsory and 75% of rest correct PWC Practical Course - $120 PLUS Regulation of recreational boating in Tasmania is managed by Marine and Safety Tasmania (MAST) which is a statutory authority with a board appointed by the Minister for Infrastructure. The relevant legislation is the Marine and Safety Authority Act 1997 which is administered by the Department of Infrastructure, Energy and Resources. A Motor Boat Licence is required to operate a vessel with an engine over 4 hp. Licence applicants must be 17 years or older. A provisional licence is available for a person aged 12 to 16 years old and allows the person to operate a vessel under supervision during daylight hours, subject to travelling under 20 knots and a towing prohibition. Prior to 2008, Motor Boat Licence – including provisional licence - applicants were required to pass a 30-minute multiple choice theory based test. An additional requirement to either complete a practical tuition course or undertake 20 hours logged on-water experience was introduced in 2008. The logged on-water experience option will be phased out in March 2011. The practical tuition course does not include an assessment component but does involve practical onwater training activities over a period of 4 to 5 hours. Motor Boat Licence - Motor boat with engine over 4ph - General licence from 17 y.o. or above - Provisional licence for 12 to 16 y.o. (must be supervised, under 20 knots, daylight only, towing restrictions) PWC Theory Exam - 30 min multiple choice – 8 compulsory and 75% of rest correct Northern Territory Regulation of recreational boating in the Northern Territory (NT) is managed by the Marine Safety Branch of the Department of Lands and Planning via the Marine (Pleasure Craft) Regulations. These regulations cover matters such as the collision regulations, speed limits, equipment requirements and minimum safety standards for recreational vessels. There are no alcohol restrictions on operators of recreational vessels in the NT. The regulatory regime does not require the registration of vessels or licensing of operators. The key reasons for not introducing licensing have been the low population (approx 220,000) and the unique recreational fishing destination that NT represents to all Australians. There are also the inherent difficulties associated with enforcement over the large coastline and inland waterway systems in NT. Darwin Harbour is about 3 times the size of Sydney Harbour. There is an estimated 25,000 recreational vessels in the NT. There are indications that recreational vessel registration and licensing may be introduced in the next 12-24 months. There is minimal incident data available. No fatalities were recorded in the last financial year. An endorsement is required to operate a PWC. This endorsement is obtained by completing a PWC practical course. 124 Motor Boat Licence with PWC Endorsement Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Summary of licensing in Australia and the Victorian model All the Australian licensing schemes are aimed at assuring recreational boat operators attain a level of competency as outlined in the NMSC guidelines. As there has been no objective evaluation of the various license schemes it is not possible to say whether individual schemes meet this requirement. It is probable that such a broad range of different schemes aimed at achieving the same ends cannot hope to achieve an identical level of competency. For example, a knowledge based theory test is unlikely to assure the same level of competency as an on water practical assessment by a qualified tester. The issue is whether the minimum level of competency each jurisdiction adopts meets the aim of the national competencies. The only comparison of the licensing models carried out to the knowledge of DOT is the MUARC assessment of the Victorian model against a simulation of the WA Recreational Skippers ticket test. This comparison illustrates that the Victorian model achieves outcomes which fall well short of the level of competency achieved by successful completion of the WA test. If the practical assessment of competency achieved by the WA model is a reasonable assessment of the national minimum competencies then, from the evidence available, the Victorian model fails to deliver competent operators. Overseas Jurisdictions New Zealand New Zealand does not require a person to hold a licence to operate a recreational boat or the registration of vessels. New Zealand most recently reviewed the issue of recreational boat licensing in 2007 as part of a review of its Pleasure Boat Safety Strategy. An option to introduce mandatory licences for operators of power boats was considered as part of the review. The option was dismissed, on the basis that interventions such as the use and carriage of PFDs and education and public awareness campaigns would provide the greatest potential safety benefits relative to cost. The review recommended that the introduction of mandatory licences be reconsidered if the voluntary education and public awareness campaigns fail to meet agreed safety targets within 5 years i.e. by 2012. The conclusions of this review were drawn from a detailed analysis of 123 boating fatalities between 2000 and October 2006. The methodology of the analysis involved identifying the prime contributing factors for each fatality. A list of possible safety interventions for each contributing factor was compiled and given an effectiveness rating from 0 to 10. A rating of 10 was assigned when it was considered that a safety intervention, such as PFD or communications, would definitely have prevented the fatality, whereas a zero rating indicated that the intervention would not have been effective at all. It was noted that in many fatalities, any one of several measures could have prevented loss of life. Canada Recreational boaters in Canada are required to hold a Pleasure Craft Operator Card. The card is, in effect, a licence to operate which never expires and is not subject to suspension. The card can be obtained by either completing an online or classroom test. Between 1991 and 2006 there were 2765 boating fatalities of which 63% or 1738 were fatalities from powerboats. In 2006 there were 108 fatalities of which 66 (61%) were from power boating. Death rate per 100,000 pop/year was 0.45 in 2006, 0.27 for power boating. United Kingdom Many jurisdictions including the United Kingdom and the USA do not require mandatory licensing of recreational vessel operators. In the United Kingdom boating has traditionally been carried out by people who ‘grow up’ in a boating environment. Legislation is light with few mandated requirements, although new vessels have been required to comply with the European Directive for recreational vessels which requires vessels to be designed and built to standards. Within this framework, vessels are designed and built for use within a stratified set of water types. Details of the waters a vessel is suitable for are fully transparent making choosing a suitable vessel easier. Peter Chennel reinforces this in a recent paper. He states… ”Unlike many nations with highly developed recreational boating environments there is no statutory obligation for any boat owner or user of any craft to have undergone any formal training; nor indeed is there a requirement for craft to be subject of any form of registration process, and even insurance is an option, though one that is self- regulating, as most marinas and launch sites demand evidence of insurance.” Appendix 2: Recreational Boat Operator Licensing Schemes within Australia 125 The UK relies on ‘back-ending’ safety, as described by Peter Chennel “The UK is a signatory both to SOLAS and the newer UNCLOS, but it relies on a voluntary educational process and peer pressure from other sea users for the voluntary adoption of safe practices. At the other end of the use [of ]spectrum, that is once things have gone wrong and a search and rescue operation is needed, then the UK is very well-placed indeed. The MCA have a network of Maritime Rescue Coordination centres (MRCCs), a highly efficient and very effective communications network, backed up by land-based rescue units and access to strategically placed helicopters and deep water tugs.” United States of America In the United States licensing is a state issue and only Alabama has licensing requirements. There are many civil liberties issues which make successful legislative interventions very difficult. In 2009 there were 4730 incidents involving 736 deaths (65% in powerboats), 3358 injuries and approximately $36 million dollars damage to property as a result of boating accidents. There were 12.751,541 boats registered by the states in 2009. PWC Operation in the US The USA has no licence requirements for the operation of PWC’s but imposes an age limit in most states and mandates the wearing of PFD’s. There are some restrictions applied to speed, towing, operating times and wake jumping. 126 Some states require an adult to be on board when a minor is operating the PWC. PWC operators in the US show a similar profile Victoria. There are more males than females involved in PWC operations and operators are predominately young adults,. Over the five years 2005 – 2009 shows that males were involved in 74% of PWC incidents and females were involved in 26%. Which is consistent with the relative ratio of male operators to female operators of 3:1. Incidents data shoes that involved operators, both male and female, averaged fewer than 100 hours PWC operating experience. Of a total of 3274 PWC incidents recorded in the five year period to 2009 , 2795 (85% of the total) were identified as being caused by human factors. 8% were caused by environmental factors and 2% by material factors . This contrasts with the Victorian experience where 61% of serious incident causal factors and 33% of response only incident causal factors were attributed to human factors. The USCG report that 22% of vessels involved in incidents were PWCs. With the 1,036,874 PWCs out of a recreational fleet 12,721,541 vessels representing 8.1% PWCs are disproportionally represented. The US has averaged approximately 40 fatalities per annum from PWC incidents which reflects a rate of approximately 4.5 fatalities per 100,000 PWCs. Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Appendix 2: Recreational Boat Operator Licensing Schemes within Australia 127 128 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Appendix 3: Analysis of the current Victorian licensing scheme It is self evident that where a person has not operated a vessel previously, a multiple-choice theory-based test or classroom based training will not provide the practical skills to ensure a person is capable of operating a vessel, even to a minimum standard. This view was confirmed in a study conducted in 2008 12 which evaluated the Victorian recreational boat operator licensing scheme. The study carried out by Monash University evaluated people sitting the knowledge based theory test by giving them the test with no prior preparation. The results from these tests were then compared with people sitting the test who had read the recreational boating safety handbook and also against a different group sitting the test after completing the knowledge based training course. The study further examined 49 people who had passed the Victorian knowledge only test by putting them through a simulation of the Western Australia practical or ‘Skippers Ticket’ assessment. In addition, the study contained results of a behavioural attitudes survey. Competency assessment Forty-nine holders of Victorian licences undertook a practical test assessed by Yachting Victoria assessors. The test was an adaptation of the practical component of the Western Australian skipper’s ticket model, which in turn is based on the Yachting Australia National Recreational Powerboat Operator competencies. Of the 49 people who completed, 36 had gained their Victorian licence by completing an approved course and 13 by passing the licence at a VicRoads office. Only one of the 49 completed all 11 tasks successfully. Eight successfully completed 6-10 of the tasks. The other 30 (61%) failed more than half of the 11 tasks. To pass the test in WA all tasks have to be completed successfully. From the above study it is likely that the current Victorian licensing scheme fails to provide applicants with the knowledge and competencies required to safely operate a vessel. Knowledge transfer The study comparing the results of licence applicants sitting the theory test before and after studying the Victorian Recreational Boating Safety Handbook found that there was only a 5% knowledge gain between pre- and post- study of the handbook. The study comparing results of those sitting the test after the knowledge based training course demonstrated a knowledge gain of 19%. Since the study was completed TSV have updated the questions in the theory test in order to include more safety related questions and to make the test more rigorous. 12 MUARC report Appendix 3: Analysis of the current Victorian licensing scheme 129 Has the current Victorian licensing scheme improved the behavioural attitudes of boat operators? The third part of the evaluation of the Victorian recreational boat operator licensing scheme involved consideration of the effect of the current licensing scheme on safety attitudes and behaviours of newly licensed vessel operators. A telephone survey asked questions relating to PFD wearing, alcohol consumption, licence testing and hoon laws both pre- and post- licensing. The most significant positive change in attitude and behaviour was found to be in the areas of PFD wearing and alcohol consumption. A similar phone survey conducted in Western Australia in 2008 found that Recreational Skippers Ticket holders more often reported logging on, checking EPIRB and anchor and line and to regularly servicing their boat’s engine than people who had not completed their Recreational Skipper’s Ticket. This reflects the different emphasis between the two licensing schemes. There appears to be some evidence that the licensing scheme has changed behavioural attitudes. However not all changes in the improvement of safety outcomes may be attributable to licensing initiatives. For example, the increased awareness of PFD wearing which may have reduced the number of fatalities from drowning may be attributed to licensing and/or to the mandated wearing of PFDs implemented in 2005. 130 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Appendix 3: Analysis of the current Victorian licensing scheme 131 132 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Appendix 4: Bow tie analysis Process The bow ties analysis created defences from hazards and mitigations of outcomes. These defences and mitigations have been grouped and called elements. Elements which came from the bow tie analysis and which were labelled as ‘operator influence’ were added to the elements listed in the National Competencies. Each element was further categorised according to whether it should form part of the basic licence or be part of an endorsement. Elements were also examined to determine how they could best be used to deliver the required competency. Understanding the bow ties The diagram below illustrates the parts of a bow tie. Bow ties centre around an event which is what we are trying to either (a) prevent from occurring or (b) if it occurs prevent from resulting in an adverse outcome. To the left are potential hazards or threats which could cause the event. Each hazard has a number of defences put in place to prevent the event from taking place. These are illustrated on the bow tie by being placed in the line between the hazard and the event. Defences can be of a number of types. These include vessel master training and vessel design features. Should the event take place despite the defences then outcomes can occur. Where these are adverse outcomes we need to prevent them occurring. In order to prevent an outcome mitigations are put in place. Typical mitigations include safety equipment or a communications net. These are illustrated on the bow tie by being placed in the line between the event and the outcome. For the purposes of licensing we are interested in determining which defences and mitigations (together called elements) are those which are the responsibility of the vessel master and as such can be addressed via a licensing or licence endorsement scheme. Figure 39 - Bow tie nomenclature Hazard of Threat Defence Mitigation Mitigation Mitigation Outcome or Consequence Outcome or Consequence EVENT Hazard of Threat Defence Appendix 4: Bow tie analysis 133 For the purposes of licensing we are interested in determining which defences and mitigations (sometimes grouped together for our discussion as ‘elements’) are those which fall within the responsibility of the vessel master and as such could be addressed via a licensing or licence endorsement scheme. Bow tie process The bow ties were drafted within the Department and then workshopped with stakeholders to test their validity. The final bow ties are included below. Bow ties were developed for the following events ff Recreational vessel crew in water due to swamping, sinking, flooding capsize. ff Recreational vessel disablement. ff Recreational vessel collides with another vessel or object. ff Recreational vessel engine explosion. Defences and mitigations are grouped according to the means of their delivery. ff Operator influence - elements which could be part of a licence regime. ff Rules / legislation – elements which are set by legislation. ff Information / education – elements addressed by education and/or information campaigns. ff Safety Equipment – elements addressed by the carriage and use of safety equipment. ff Engineering controls – elements addressed by engineering solutions such as vessel design solutions. ff Other – elements not readily categorised. 134 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Appendix 4: Bow tie analysis 135 Vessel takes a big wave onto deck Broaching on a bar Bailer or Bilge Pump Boat suitable for conditions Training/ experience on effect of wind on stability Foam Buoyancy Experience at crossing bars Training/ experience on appropriate need for turning Boat is flooded due to hull breach Capsizing due to large heeling moment Education regarding Rigid Inflatable Boat collar maintenance Sea anchor Maintenance Vessel becomes disabled Multiple buoyant compartments providing redundancy Vessel design Understanding of effect of positioning of heavy load on stability Capsizing due to high centre of gravity Boat suitable for conditions Education on appropriate boat size and power Understaning of effect of lifting a heavy load over the side on tability Education on dangers of broaching Meteorological knowledge Education on vessel stability Operator miscalculates fuel Event Understanding of effect of person movement on stability Maintenance Training Government accredited boat inspection scheme Bar crossing training Industry based boat inspection scheme Boat is adequately maintained Boat suitable for conditions Australia Builders Plate contains loading information Vessel designed with adequate buoyancy for anticipated load Adequate scupper/freeing ports Vessel has foam buoyancy to keep to afloat KEY Put bungs in Understanding sea conditions Education on appropriate vessel loading Capsizing due to inadequate freeboard Training for emergency Tick box pre start check list Bailer or Bilge Pump Use of sea anchor to maintain heading Boat is flooded due to failure to put bungs in Figure 40 - Bow tie for crew in water due to swamping, sinking, flooding, capsize Outcome we are trying to prevent Recreational vessel crew in water due to swamping, sinking, flooding, capize Hazard we are trying to prevent Persons must not don or inflate PDF whilst in cabin Inherent buoyancy in the vessel Operator has emergency plan Boat has facility for person to self recovery back to boat Carry torch for distress signalling Operator influence Operator has emergency plan Use muster stations and headcourts Vessel lost Operator keeps boat tidy Ensure passengers are free from sinking vessel Boat has facility for person to self recover back into boat Person supported by lifebuoy Boat has facility for person to hang on if boat upside down Person wears lifejacket Boat has facility for person to hang on if boat upside down Person supported by lifebuoy Person has radio training (MROPC) Person wears lifejacket Person launches and enters dinghy/liferaft Person/vessel had registered 406 EPIRB Know help position Engineering control Passenger dies due to drowning by entrapment Enough suitable PDFs carried for each person Person dies with boat Enough suitable PDFs carried for each person Person stays with boat Person dies from hypothermia due to lenghty immersion Safety Equipment Have radio and use prior to entering water Information/ Education Carry rockets and flares Rules/ Legislation Defence and Mitigations Passenger dies due to drowning Person operating alone dies due to drowning Other 136 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Electrical fault prevents tarting Know how to choose a suitable boat Boat not fit for purpose Wear PFD Meteorological knowledge Cleaning and maintenance schedule General boat cleanliness Use/Deploy anchor Rough weather boat handling knowledge Personal injury due to exposure Carry EPIRB Carry and know how to use GPS Use/Deploy Sea anchor Equipment and knowledge to jury rig (sailing) vessel Have emergency plan to follow when disabled Carry mobile phone Carry emergency aural signalling devices Know where you are Tell someone before you go and estimated time of return Carry First Aid Kit, sunscreen, protective and warm clothing, drinking water Travel in a group of vessels Rules/ Legislation Have redundancy in battery system Operator influence Educate operators on troubleshooting basics Outcome we are trying to prevent Carry oars to get you home Hazard we are trying to prevent Regular maintenance Start up procedure Rig failure (sailing vessel) Recreational vessel disabled Event Carry First Aid Kit, sunscreen, protective and warm clothing, drinking water Fire fighting equipment Start up procedure Fire on board KEY Need to understand maintian vessel integrity and stability Regular maintenance of systems by qualified person Mechanical failure Maintain/ monitor battery Tick box pre start check list Maintain/ service fuel filters regularly Carry spare battery or battery pack Replace old fuel at start of season Tick box pre start check list Fuel is contaminated Operator miscalculates fuel Maintain electrical system Insuficient fuel capacity Tick box pre start check list Insuficient fuel Figure 41 - Bow tie for disabled recreational vessel Use Oars Safe Return Wear PFD Carry radios (HF and/or VHF and/or 27MHz) Carry Flares/ Rockets/Visual signal Carry spares and toolkit Information/ Education Incident escalates to a serious incidnet Person is ejected and dies from drowning Hold redio licence (MROPC) Register 406 RPIRB Other Assistance is unable to be contacted Engineering control Vessel is unable to be restarted and vessel towed to shore Safety Equipment Defence and Mitigations Appendix 4: Bow tie analysis 137 Operator unable to control vessel Failure to obey waterway rules Operator makes a slip or lapse (distraction, complacancy, unable to control) Knowledge of impact of girting whilst towing Education on appropriate behaviour Have separate observer rolw while towing Understand differences between low and high speed operaton Understand differences between vessels (power plants, size etc.) Practical skills acquisition Drug and alcohol penalties Vessel designed for maximum situational awareness Awareness of tides and currents Charting and navigational skills Lack of local knowledge Understand physics of towing someone Awareness of own vessel’s deficiencies/ blind spots Operating under supervision Dayshapes or lights displayed on vessels Local waterway rules Understanding changes in local situations Understaning of risks of high speed operation Deadman switch Operator’s situational awareness compromised by vessel design Restricted licences Navigation lights displayed Operator does not recognise vessel Select a appropriate vessel for activity Waterski lanes Signage of zones Congestion Operator high speed tunnel vision Proximity Sensor technology/ collision alarms Speed restrictions for day and night Education Campaign on importance of remaining alert Maintenance training Maintenance undertaken by qualified persons Current knowledge test 50 metre rule Vessels in close proximity New penalties for ColRegs Skills for taking evasive action whilst towing Event ‘Defensive’ operation skills Signage of zones Other vessel uses horn or sound signals Radio call to alert other vessel of collision path ColRegs Mechanical failure Understand vessels limitations KEY Education about appropriate speed for conditions Spatial awareness Operator does not take sufficient evasive action Operator failing to keep a proper lookout Penalties under hoon legislation Master controlling people on board Restrict passenger numbers/activities on board Figure [x] - Bow tie for collisions Outcome we are trying to prevent Rec Vessel collides with another vessel or object Hazard we are trying to prevent Emergency procedures Wearing helmet (PWC) Airbags Seatbelts Airbags Operator influence Drills Person impacts other person Vessels need to be evacuated Console designed to crumple Wearing a harness Wearing helmet (PWC) Engineering control Person strikes part of vessel and suffers injury Wearing a PFD Safety Equipment Crumple zones Information/ Education Wearing a PFD Guard rails on vessel Seatbelts Rules/ Legislation Defence and Mitigations Person ejected from vessel and drowns Person suffers serious injury Other 138 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Ensure portable fuel tanks meet Australian or Internationalstandard Intrinsically safe electrical system Fuel system has leaks Ignition sources present Replace components as required Install bilge blowers No smoking No smoking Maintain system adequately Fuel vapour in bilge Remove unnecessary electrical items from spaces where vapour can collect Refuellingat a designated point Figure 42 - Figure - Bow tie for engine explosion Safety signage at point Be aware of effect of sun on expansion of fuel Maintain Fuel Pump Ensure hoses meet standards and are regularly replaced Public notice warning on days > 40˚C Swap for diesel engine Petrol as fuel Use marine carburettors Use passive ventilation systems Install vapour detectors linked to audio and visual helm alarms Install vapour detectors with engine interlock preventing startup Ensure fuel systems are built to standards Isolate and vent spaces where fuel vapour can collect Swap for diesel engine Event Inspect system regularly Ethanol as fuel or fuel mix KEY Outcome we are trying to prevent Recreational vessel engine explosion Hazard we are trying to prevent Restart vessels away from other vessels No bystanders nearby when restarting after refuelling Damage to infrastructure No bystanders nearby when refuelling Design of designated refuelling points Isolate refuelling point infrastructure Firefightingprecautions andequipment atdesignated refuellingponts Carry fire extinguisher Person in ejected and dies from drowning Person seriously or fatally injured due to fire Other vessels wait to refuel away from refuelling point Use non flammable materials on vessels Person in ejected and dies from impact No passengers on board when restarting after refuelling Install fixed fire suppression suystems Engineering control Injury to bystanders Severe damage nearby vessels Rehearse fire emergency procedures/ drills Safety Equipment Sever blast injury or death Information/ Education No passengers on board when restarting after refuelling Rules/ Legislation Isolate refuelling point infrastructure Install fixed fire suppression suystems No passengers on board when restarting after refuelling Person on board wear a PFD Carry fire extinguisher Design vessels to vent ‘safety’ in an explosion Operator influence Defence and Mitigations Severe vessel damage or loss Other Understanding the element tables From the bow tie analysis a list of defences and mitigations were developed which have been grouped into categories. Elements which were considered to be those resulting from human factor issues and which could be addressed by licensing were selected and are listed in Table 37 below. The following describes the makeup of Table 37. Column Description 1-3 – National Competency Framework categorisation 1 Categorises the element within the national competency framework. i.e starting with a 1 ; Unit 1 – trip preparation and planning; 2 ; Unit 2 – Safe Operation: and 3 : Unit 3 – Responding to emergencies and incidents 1.1; 1.2; etc are the category headings within the national competency framework. Note if ‘Other’ appears this is an item which does not directly fit within the framework. 2 A code listing the element within the framework for ease of reference 3 Element description Columns 4-9 – Whether element should be addressed as part of the basic licence or one of the considered endorsements 4 Element should be addressed as part of the basic licence 5 Element should be addressed as part of any PWC endorsement 6 Element should be addressed as part of any High Speed endorsement 7 Element should be addressed as part of any Offshore Operations endorsement 8 Element should be addressed as part of any Towed Water Sport endorsement 9 Element should be addressed as part of any Vessels Carrying more than 12 Passengers endorsement Columns 10-15 – Suggested delivery options, the appropriate method(s) which could be used to ensure the master has the competency. 10 Information – provide information on the element for applicants 11 Current Knowledge Test – tested under the current knowledge test 12 Improved Knowledge Test - Tested as part of an improved knowledge test 13 Practical training/ Experience – Recorded in a log book or taught as part of an untested training course. 14 Competency based assessment – tested as part of a practical assessment of competency- 15 Training course plus assessment – tested as part of a training course Appendix 4: Bow tie analysis 139 Elements 1.1 Maintain the boat 140 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 1.1.1 Y Understand impact of old fuel in vessel Y Y Y Y Y Y Y Y Y Y Information Keeping a cleaning and maintenance schedule >12 pass. Y Towed WS Y Y Remove unnecessary electrical items from spaces where vapour can collect Offshore Endorsement Understanding of managing pollution on the boat Y Fuel system maintained High Speed Y Y Spare battery carried PWC Be aware of consequences of leaving a vessel in the sun Y Y Battery maintained Y Fuel filters maintained Electrical system maintained Y Boat is maintained/ serviced on a regular basis and safety equipment maintained Basic licence Y Current Knowledge Test Y Y Practical training/ Experience How to Deliver Improved Knowledge Test Competency Training based course plus assessment assessment Appendix 4: Bow tie analysis 141 Elements 1.1 Maintain the boat 1.2 Maintain mooring 1.3 Plan trip Safety equipment is serviceable, accessible, its location identified and securely and appropriately stowed Mooring and berthing apparatus is maintained/ serviced and berthing apparatus serviced on a regular basis Mooring apparatus is appropriate to the vessel and location Weather, conditions, vessel and personnel are checked for suitability for planned trip 1.1.3 1.2.1 1.2.2 1.3.1 Understand danger of 40+ degree days on vessel Basic Meteorological knowledge Safety equipment complies with relevant legislation 1.1.2 Good refuelling practice Y Towed WS >12 pass. Y Information Y Y Y Y Y Y Y Y Y Y Y Offshore Endorsement Y Y High Speed Y PWC Y Y Basic licence Y Y Y Y Current Knowledge Test Y Y Y (Y for offshore) Y? Practical training/ Experience How to Deliver Improved Knowledge Test Y Y Y Y Competency Training based course plus assessment assessment Elements 1.3 Plan trip 142 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Trip activity plan takes into account area and type of operation and emergency contact Adequate provisions, including fuel, for the trip are carried Trip details are communicated to an appropriate person Check is made to ensure the number of passengers does not exceed boat design limitations and/or legislative requirements Check is made to ensure equipment, stores and personal items are securely stowed and do not adversely affect the boat's stability Appropriate person is informed of safe return from the activity Check vessel not overloaded (equipment/cargo/ people) prior to trip 1.3.2 1.3.3 1.3.4 1.3.5 1.3.6 1.3.7 1.3.8 Towed WS >12 pass. Y Y Information Y Y Y Y Y Y Y Y Offshore Endorsement Y High Speed Y PWC Y Y Y Basic licence Y Y Y Y (Y for offshore) Current Knowledge Test Y Y Y Y Y (Y for offshore) Y? Practical training/ Experience How to Deliver Improved Knowledge Test Y Y Y Y Y Y Y Y Competency Training based course plus assessment assessment Appendix 4: Bow tie analysis 143 Elements 1.3 Plan trip 1.4 Vessel Knowledge and Information Y Towed WS >12 pass. Understanding of legislated heightened risk - and that there may be other Heightened Risk circumstances. Education about appropriate boat size and power - boat 'fit for purpose' Education about implications of fitting larger outboard engines Education on vessel stability including effect of heeling moments such as wind/ passengers/ lifting loads over side Understanding of collar degradation and maintenance on RHIBs Understand Vessel limitations under certain water conditions (manoeuvring etc) 1.4.1 1.4.2 1.4.3 1.4.4 1.4.5 Y Y Y Y Y Offshore Endorsement Have evacuation plan Y High Speed Y Y Y PWC Designate vessel muster stations Master understands possible emergency scenarios and is prepared to deal with them - safety management plan [vessel risk assessment] 1.3.10 1.3.9 Basic licence Y Y Y Y Y Y Y Y Y Information Y Y Current Knowledge Test Y Y Y Y Y Practical training/ Experience How to Deliver Improved Knowledge Test Y Competency Training based course plus assessment assessment Elements 1.5 Other 2.1 Manoeuvre and handle boat 144 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Understand different systems in rec boats ( propulsion, fuel, steering, cooling, electrical, berthing, trailer) Calculate tide heights Understand state regs (registration, equipment etc) A pre-start check is undertaken Motor is prepared and started Boat is manoeuvred safely according to conditions and in accordance with water traffic regulations Performance of the boat and personnel is monitored at all times Impact of boat use on others and the environment is considered (nuisance?) Safety equipment is used, stowed and if required , worn in accordance with legislation and recognised regulations and rules 1.5.1 1.5.2. 1.5.3 2.1.1 2.1.2 2.1.3 2.1.4 2.1.5 2.1.6 Y Towed WS >12 pass. Y Information Y Y Y Y Y Y Y Y Y Y Y Y Offshore Endorsement Y Y High Speed Y Y PWC Y Y Basic licence Y Y Current Knowledge Test Y Y Y Y Practical training/ Experience How to Deliver Improved Knowledge Test Y Y Y Y Y Y Competency Training based course plus assessment assessment Appendix 4: Bow tie analysis 145 Elements 2.1 Manoeuvre and handle boat Training is given on handling a vessel at speed and turning at speed Understand correct start-up procedure (in general or after refuelling) Understand different operating techniques depending on current weather conditions "Defensive Operation Skills" - understanding operational hazards and how to reduce the likelihood of them becoming a risk (also to include operating at night) Skills for taking evasive action while towing skier, wakeboarder etc. Understand risks of high speed operation Understanding physics of towing someone 2.1.7 2.1.8 2.1.9 2.1.10 2.1.11 2.1.12 2.1.13 Y Y Basic licence Y Y Y (surf towing) Y Y PWC Y Y Y High Speed Y Offshore Endorsement Y Y Y Y Y Towed WS Y >12 pass. Y Y Y Y Y Y Information Y Current Knowledge Test Y Y Y Y Y Y Y Practical training/ Experience How to Deliver Improved Knowledge Test Y Y Y Y Competency Training based course plus assessment assessment Elements 2.1 Manoeuvre and handle boat 2.2 Navigate safely 146 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Understand the difference between low speed and high speed operations and the differences for each in different sized vessels (i.e. small v large, outboard v inboard, twin v single) Education about appropriate speed for conditions Knowledge of vessels towing hazards/Girting Aids to small craft navigation are identified (infrastructure) Collision avoidance techniques are applied when required in accordance with relevant legislation, recognised regulations and rules Operation of the boat is carried out at all times in accordance with relevant legislation, recognised regulations and rules 2.1.14 2.2.15 2.2.16 2.2.1 2.2.2 2.2.3 Y Y Towed WS Y >12 pass. Y Y Information Y Y Y Offshore Endorsement Y Y Y High Speed Y Y Y PWC Y Y Y Basic licence Y Y Y Y Current Knowledge Test Y Y Y Y Practical training/ Experience How to Deliver Improved Knowledge Test Competency Training based course plus assessment assessment Appendix 4: Bow tie analysis 147 Elements 2.2 Navigate safely Navigational aids and landmarks are used to determine and monitor boat position Hazards and conditions are taken into account in navigating the boat Determine the current location of the vessel 50 m rule (state rules) ColRegs (lights, shapes and rules of the road) Having a separate observer role while towing Education on zones Understand hazards due to changes in local conditions eg. Snags, water depths, other submerged hazards Navigation Lights Displayed helm position and awareness of own vessel's deficiencies/blind spots Importance of having spatial awareness 2.2.4 2.2.5 2.2.6 2.2.7 2.2.8 2.2.9 2.2.10 2.2.12 2.2.13 2.2.14 2.2.15 Y Y Y Y Y Y Y Y Basic licence Y PWC Y High Speed Y Offshore Endorsement Y Y Towed WS >12 pass. Y Y Y Y Y Y Y Y Y Y Information Y Y Y Y Y Y Y Y Current Knowledge Test Y Y Y Y Y Y Y Y(offshore) Y Y Practical training/ Experience How to Deliver Improved Knowledge Test Y Y (offshore) Y Y Y Y (offshore) Y Y Competency Training based course plus assessment assessment Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Elements 2.3 Anchor the boat 2.4 Operate Safely 2.5 Other 148 No passengers on board when restarting after refuelling Understand life jacket wearing rules No bystanders near while restarting Understand reasons for No smoking on vessel 2.4.1 2.4.2 2.4.4 2.5.1 Understand loss of steerage occurs when power is taken off PWC Anchor is retrieved and securely stowed 2.3.4 2.5.3 Anchor is lowered, set and monitored according to prevailing conditions 2.3.3 Launching a retrieving a boat at a boat ramp Type of anchor used is suitable for location 2.3.2 2.5.2 Anchorage site is selected in accordance with prevailing and forecast conditions and in accordance with legislation 2.3.1 Y Y Y Y Y Y Y Y Basic licence Y PWC High Speed Offshore Endorsement Towed WS >12 pass. Y Y Y Y Y Y Y Y Y Information Y Y Current Knowledge Test Y Y Y Y Y Y Y Y Practical training/ Experience How to Deliver Improved Knowledge Test Y Y Y Y Y Y Y Y Y Y Competency Training based course plus assessment assessment Appendix 4: Bow tie analysis 149 Elements 2.5 Other 3.1 Use safety equipment Complete a figure of eight and S turn Make an emergency stop (controlled stop at 5 knots) Return to the beach Dock at a Jetty Nature, type, location, accessibility and serviceability of safety equipment is known and understood by all personnel on board Briefing of personnel is conducted before departure 2.5.13 2.5.14 2.5.15 2.5.16 3.1.1 3.1.2 Driving a boat on the plane 2.5.10 Cross a wash Using a transit to steer a steady course 2.5.9 Make a U-turn Skills in using a line and some basic knots 2.5.7 2.5.11 PWCs do not offer the same structural protection from collision impacts 2.5.5 2.5.12 PWC more susceptible to the effects of wash from other vessels 2.5.4 Towed WS >12 pass. Y Y Information Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Offshore Endorsement Y High Speed Y Y Y PWC Y Basic licence Y Current Knowledge Test Y Y Y Y Y Y Y Y Y Y Y Practical training/ Experience How to Deliver Improved Knowledge Test Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Competency Training based course plus assessment assessment Elements 3.1 Use safety equipment 3.2 Raise alarms 150 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Safety equipment is used in a manner appropriate to the emergency or incident Safety equipment is used for the purpose for which it was designed Launching and entering liferaft/ dinghy Know when to stay with your boat Know how to use radio in emergency Lifejackets not be inflated in cabins Nature of emergency is identified Alarm is communicated to on-board personnel Recognised distress signals are used to indicate need of assistance Radio Call made to alert another vessel of collision path Use horns and sound signals to alert of potential collision 3.1.3 3.1.4 3.1.6 3.1.7 3.1.8 3.1.9 3.2.1 3.2.2 3.2.3 3.2.4 3.2.5 Y Y Y Y Y Y Y Y Y Towed WS Y >12 pass. Information Y Y Y Y Y Y Y Y Y Y Offshore Endorsement Y High Speed Y PWC Y Basic licence Y Y Y Y Y Y Current Knowledge Test Y Y Y Y Y Y Y Y Y Y Y Y Y Practical training/ Experience How to Deliver Improved Knowledge Test Y Y Radio Y Radio Y Y Y Competency Training based course plus assessment assessment Appendix 4: Bow tie analysis 151 Elements 3.3 Deal with on-board emergency Position is identified, recorded and communicated 3.3.3 Preparation for abandoning the boat is undertaken, if required Cessation of emergency is communicated to appropriate personnel Understand need to maintain vessel stability in the event of an emergency such as a disablement 3.3.6 3.3.7 3.3.8 Y Y Y Y Y First-aid training (separate course) Communication with rescuers is maintained Y Y Y Y Y Y Y Y Y Offshore Endorsement Y High Speed Y PWC Y Injured persons are provided with assistance 3.3.5 3.3.4 Procedures are implemented to combat emergency and protect persons on board 3.3.2 Use of GPS (emergency situations) On board personnel are informed of actions required to deal with the emergency 3.3.1 Basic licence Y Towed WS Y Y Y Y >12 pass. Y Y Y Y Y Y Y Y Y Information Y Y Current Knowledge Test Y Y Y Y Y Y Practical training/ Experience How to Deliver Improved Knowledge Test Y Y First Aid Y Y Competency Training based course plus assessment assessment Elements 3.3 Deal with on-board emergency 3.4 Assist others in distress 152 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Understand how to undertake basic repairs on vessel [shear pins and pump impellors?] Maintenance training for operators in the event of a mechanical failure Development of boat emergency checklist Distress signals from others are recognised Nature of assistance required is identified Capability to safely assist or relay emergency is determined taking into account own safety and physical proximity to the emergency incident Appropriate response to the emergency is prepared for and implemented Cessation of emergency incident is communicated to appropriate personnel 3.3.9 3.3.10 3.3.11 3.4.1 3.4.2 3.4.3 3.4.4 3.4.5 Y Y Y Y Information Y Y Y >12 pass. Y Towed WS Y Offshore Endorsement Y High Speed Y PWC Y Y Y Y Y Basic licence Y Y Current Knowledge Test Y Y Practical training/ Experience How to Deliver Improved Knowledge Test Competency Training based course plus assessment assessment Appendix 4: Bow tie analysis 153 Elements 3.5 Specific Emergency Training 3.6 Other Vessel being swamped and capsized Bar Crossing Use of vessel muster stations Use of headcounts to manage numbers of passengers Using a lifebuoy Positions to minimise hypothermia Fire Vessel Troubleshooting Basics for operators Disablement Broaching Person overboard training (retrieval) Accepting a tow Bar Crossing Training 3.5.1 3.5.2 3.5.3 3.5.4 3.5.5 3.5.6 3.5.7 3.5.8 3.5.9 3.5.10 3.1.1 3.1.2 3,1,3, Y Y Y Y Y Y Y Y Y Y Basic licence PWC High Speed Y Y Y Y Offshore Endorsement Towed WS Y Y Y Y Y >12 pass. Y Y Y Y Y Y Y Y Y Y Y Y Y Information Y Y Y Y Y Current Knowledge Test Y Y Y Y Y Y Y Y Improved Knowledge Test Y Y Y Y Y Practical training/ Experience How to Deliver Y Y Y Y Y Y Y Competency Training based course plus assessment assessment 154 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Appendix 5: Offshore requirements Safety equipment requirements, in other jurisdictions, for offshore operations All Australian jurisdictions have mandatory safety equipment requirements which are based on the National Standard for Recreational Boat Safety Equipment. These requirements are scaled for operating in smooth, inshore and offshore waters. Due to this standard, the minimum equipment specified within each jurisdiction is similar for offshore vessels in all states. However there are still some differences between states and the table below lists items which are in excess of the Victorian list of equipment. The table below has been generalised as each state has slightly differing requirements based on distance offshore and vessel length. In addition, WA and SA have requirements which limit some vessels from travelling too far offshore. Appendix 5: Offshore requirements 155 Table 37 - Additional safety equipment required by each jurisdiction above minimum national requirements Australian jurisdictions NT Additional offshore equipment (varies on vessel length) −− one litre of fresh drinking water for each person on board in a leak-proof container; −− one “V” distress sheet; ; −− one chart of the area of operation. −− one lifebuoy fitted with buoyant line. WA Limits for small vessels Vessels under 3.75 metres in length (including personal watercraft) may not go further to sea than five nautical miles from the mainland. NSW Additional offshore equipment −− Fire bucket (if no bailing bucket carried suitable for fire fighting) −− Map/chart of area (paper not electronic) −− Sound signal (air horn/whistle/bell) −− V sheet (orange) −− Water (suitable for drinking) SA Limits for small vessels Personal Water Craft (PWC) may not be operated in unprotected waters, i.e. beyond two nautical miles offshore, without the approval of the CEO. Additional offshore equipment −− one V distress sheet. −− a map or chart of the waters in which the vessel will operate. −− one life-buoy with line −− four litres of fresh water −− the boat must be fitted with a liquid damped magnetic or a gyroscopically controlled compass. Note: This requirement is not satisfied by GPS, satellite navigation systems or similar electronic devices, nor by a handheld compass TAS Additional offshore equipment −− Radar reflector −− First Aid Kit −− Water QLD Additional offshore equipment −− V sheet −− Chart appropriate to area of operations or other directional finding or positioning equipment −− Drinking water Overseas jurisdictions UK Radar reflectors Discussion of changes to the Victorian equipment requirements (if any) may be found in the Regulatory Impact Statement for the Marine Safety Regulations 2011. 156 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Appendix 5: Offshore requirements 157 158 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Appendix 6: Cost benefit analysis and the identification of feasible solutions Victorians sustain significant costs each year due to marine safety incidents caused by human factors. In future it is likely that this cost will continue. Evidence suggests that incidents and injuries will continue to trend upwards, in particular for those participating in towed water sports. For the purposes of this analysis we have assumed that the future cost of incidents caused by human factors will be at least equal to the historic average and may continue in line with recent trends. Given that Victorians will continue to sustain costs from these incidents, in this Appendix we discuss the possibility that this cost can be reduced. In particular, we consider the possibility that the cost of future incidents can be reduced by increasing the skills and knowledge of Victorian boaters by altering applicable licensing requirements. The benefit of interventions to prevent incidents is that they will reduce the cost of similar incidents in future. Increasing the skill and knowledge of Victorian boaters could be achieved either by requiring all boaters to undergo re-training or by focussing on the least experienced, i.e. new boaters. Concentrating on new boaters can be achieved by changing the requirements for licensing so that new boaters must show a higher degree of proficiency before commencing “unrestricted” boating. The alternatives under consideration for improving the competency of recreational vessel masters and operators include : ff Improved information regarding the risks (for all boaters) ff Increase the stringency of the knowledge tests before new boaters can obtain their licence. ff In addition to the knowledge test, introduce a requirement to obtain practical experience before a licence is issued through either a logbook requirement or a mandatory training requirement ff In addition to the knowledge test, introduce a practical (skills) test. ff In addition to the knowledge test and the practical test introduce a compulsory training course These options could be applied to all boaters through the general boating licence. Additionally, or alternatively, they could be applied only to higher skill activities, using licence endorsements. Appendix 6: Cost benefit analysis and the identification of feasible solutions 159 Improve the available information regarding the risks of boating activities The first and probably simplest option to improve vessel operational competencies is to provide improved information, with a more comprehensive information book covering both general boaters and the more specific areas identified for possible endorsements. Where an endorsement has been identified as a possibility, such as for PWC drivers and masters engaged in towing activities, this improved information would outline the risks involved in the activity, identify required abilities for vessel operation and .provide self assessment tools. The information could be supplied as a workbook. It is important that it cover all areas identified as part of the national competencies as well as any specific areas identified from this paper. The major downside of this approach is that there is no means of ensuring that the applicant has read the booklet and absorbed and understood the information. Because there is no test, there is no guarantee that this approach will result in a significant increase in the ability of a person to operate a vessel, a PWC or improve the ability to tow people. Enhanced knowledge test for boating activities To overcome deficiencies in the existing knowledge test, a more stringent test for applicants may be introduced. Applicants under this test, would be requested to demonstrate broader boating knowledge. The knowledge test would cover a wider range of subject areas than the current test and aim to assess applicants ability to react to operational and emergency issues. The test could include compulsory questions i.e. those the applicant must answer correctly to gain a licence. It is estimated that the enhanced knowledge test would cost a similar amount to administer as the existing test. VicRoads would continue to administer the test, and training providers would continue to provide a short course teaching option as currently. Enhanced knowledge test for boating activities with a logbook experience requirement This could be achieved by a new entrant completing a log of experience. A logbook would require the completion of a specific number of “hours on the sea”, in a similar way to an L-plate driver completing a set number of driving hours prior to sitting for a driving licence. For boating, the learner would drive a vessel under supervision of an experienced vessel operator, who holds a full licence. It may also require the applicant to demonstrate a number of boating tasks under supervision. . After completion of the required hours with the experienced vessel operator, the learner would submit the completed logbook toTSV, as evidence that this test requirement has been fulfilled. Then following successful completion of the enhanced knowledge test, the applicant would qualify for a boat operator licence. The advantage of a log book approach is that the learner would not only be required to demonstrate competence in practical situations, but in a learning environment. This method of learning would be likely to impart essential boating knowledge quicker and more efficiently than other teaching methods. The disadvantages of a log book are that, the applicant must have access to a boat, and access to a licenced person who has the time to teach the applicant. It is considered likely that any log book scheme would be eroded by a significant percentage of log books being incorrectly filled in either by accident or on purpose. Enhanced knowledge test for boating activities with a training requirement As an alternative to the logbook requirement, mandatory practical training could be an option for learners without access to a vessel and qualified master. Training would be conducted by a TSV registered training provider who would teach a curriculum developed in conjunction with TSV. The learner would learn to drive a vessel under the supervision of an experienced vessel operator. After completion of the training, the learner would recieve a certificate of completion, as an equivalent to a completed logbook. Following satisfactory completion of the knowledge test the applicant would qualify for a boat operator licence. To tackle particular issues such as errors of judgement and inexperience, a hands on practical component could be introduced to the licence testing requirements, to compliment the knowledge test. 160 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Enhanced knowledge test for boating activities with a practical test This licensing approach requires the learner to complete the knowledge test and also pass a practical test. TSV would not specify or mandate how the learner obtains the necessary ability to pass the practical test. This provides the applicant with flexibility in obtaining the knowledge and skills they require. This option overcomes any necessity to have someone available with a boating licence who can teach the practical component. The issue with this approach, compared to mandating a logbook or requiring training, is the lack of measured experience. However it does directly test the competency of the applicant to successfully complete the tasks which are tested. This option would require new entrants, with no boating experience, to assure their competency prior to taking the test. Enhanced knowledge test for boating activities with a mandatory training element and a practical test This licensing approach requires the learner to satisfactorily complete the enhanced knowledge test and a mandatory practical course, which includes a practical test. This option also overcomes the necessity for the learner to have ready access to a boat owner who can teach the practical skills as part of a logbook option. It partially overcomes the problem of the lack of witnessed sea-time, which may reduce the ability of an applicant to judge risky situations, given the low probability of such situations to occur during the practical test. Assessment of benefits of options The benefit of measures designed to reduce human error component in marine incidents is the cost of incidents prevented. In this section we summarise the approach taken to estimating this benefit. Estimating the benefit of the measures involves first estimating the number of incidents that could be expected if there were no changes to the current regulations. This is then combined with an estimate of the economic loss sustained through each incident to provide an estimate of the total cost if the current regulations are not altered. Any regulatory intervention is unlikely to reduce all boating incidents and therefore those incidents to zero. Regardless of the knowledge and skill of Victorian boaters some marine incidents would still be caused by human factors each year. This is taken into account by assigning an efficacy rate to the different licensing options and adjusting the total benefit by this rate. Loss sustained in individual incidents This section describes the methodology for assessing losses to Victorians due to marine incidents that are attributable to human contributions. First, panel data on different types of marine incidents was identified by MUARC. These incidents were derived from marine incident reports, hospital emergency department presentations, hospital admissions and fatalities, for the years 2003 to 2009. As not all incidents are caused by (or contributed to by) human factors, it was necessary to estimate the number of marine incidents attributable to human contributions by type of boating activity. The available data enabled incidents to be distinguished by severity (fatality, serious or less serious injury etc) and by boating sector (general boating, PWC operation, and towed water sports). The data also summarised the contributing factors that were reported for all incidents, although it did not enable a breakdown of contributing factors by incident severity or boating sector. To estimate the contribution of contributing factors it was assumed that the pattern (distribution) of contributing factors was the same for all types of serious incident. In other words, the pattern of contributing factors was assumed to be the same for incidents in the general boating sector as for incidents when operating PWCs as for incidents to towed water sports. The data below is based on this assumption and shows the (reported) number of serious incidents in each boating sector categorised by contributing factors according to the common distribution. Note that 41% of incidents were caused by non human factors. While these were not included as incidents that would benefit from improved licensing arrangements, it is likely that would be a positive benefit. This is the maximum potential benefit the measures could achieve should there no longer be any incidents. Appendix 6: Cost benefit analysis and the identification of feasible solutions 161 Table 38 - Number of serious recreational marine incidents – by boating activity and contributing factors 2003/04 to 2008/09 Contributing factor Proportion Towing PWC General boating Other Lack of maintenance 2% 9 2 6 4 Lack of fuel 1% 3 1 2 1 Error of judgment 24% 89 22 64 38 Inexperience 11% 42 10 30 18 Navigational error 7% 24 6 17 10 Insecure mooring 2% 8 2 6 4 Failure to keep proper lookout 3% 12 3 9 5 Fatigue 1% 4 1 3 2 Alcohol and drugs 1% 5 1 4 2 Excessive speed 2% 6 2 5 3 Overloading 0% 1 0 1 0 Other human factors 4% 14 3 10 6 Total Human factors 59% 216 53 157 92 Total Material and Environmental factors 41% 149 36 108 63 100% 365 89 265 155 TOTALS Note: there are frequently several contributing factors recorded per incident Data source: MUARC 2009, MUARC 2010, ACIL Tasman estimates Incidents cause Victorians to sustain losses in up to 4 ways: ff Fatalities –a person(s) may be killed in the incident Table 38 distinguishes incidents between their severity 1 in terms of fatalities, major injuries and minor injuries. Data in the table comes from the following sources. ff Marine Incident Database (MID) which records incidents reported by the Marine Incident Reporting System (MIR system) managed by Transport Safety Victoria. This includes all incidents reported by the Water Police and Search and Rescue assets, ff Injury – a person(s) may sustain injuries ff Property loss – the value of property damaged in the incident ff Rescue – a rescue may be required and costs incurred ff National Coroners Information System (NCIS) records details of coroner reports of boating related fatalities, Of course not all of these cost types are sustained in every incident. ff Hospital emergency department data recorded on the Victorian Emergency Minimum Dataset (VEMD), and the ff Hospital Admissions dataset on the Victorian Admitted Episodes Dataset (VAED). It should be noted that the presentation of frequency data for hospital admissions and ED presentations underestimates the incidents and injuries due to under reporting on the admissions dataset and lack of detailed information in the case narratives on the ED presentations dataset. Likewise, the Marine Incident Database generally only records incidents reported by search and rescue organisations and the Victorian Police and under-represents the totality of incidents. 1 162 Minor injuries are defined as injuries that require ED-presentation, while major injuries required admission to hospital. Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Table 39 - Marine incidents 2003/04 to 2008/09 – by boating activity and severity 2003/04 2004/05 2005/06 2006/07 2007/08 2008/09 Annual average Fatalities ($3.93 million per incident) Towing 0 0 0 0 0 0 0 PWC 1 0 0 0 0 0 0 General boating 7 6 0 3 7 4 5 Other 3 1 3 0 0 0 1 Total incidents 11 7 3 3 7 4 6 $43.23 $27.72 $11.79 $11.79 $27.51 $15.72 $23.62 121 109 95 Total Costs ($m) Major injuries ($147,600 per incident) Towing 73 93 81 91 PWC 22 34 39 29 59 46 38 General boating 39 51 59 51 65 59 54 Other Total incidents Total Costs ($m) 22 34 66 51 53 70 49 156 211 244 223 298 284 236 $23.03 $31.14 $36.01 $32.92 $43.98 $41.92 $34.83 242 288 299 292 313 270 Minor injuries ($5,000 per incident) Towing 190 PWC 30 36 56 54 59 71 51 General boating 106 175 274 251 189 242 206 Other 53 62 84 75 270 85 105 Total incidents Total Costs ($m) 379 514 703 679 810 711 633 $1.90 $2.57 $3.52 $3.40 $4.05 $3.56 $3.17 Response only ($10,824)* Total incidents 118 167 276 362 413 538 n/a Total cost ($m) $1.28 $1.81 $2.99 $3.92 $4.47 $5.82 n/a * The data is not sufficient to allow response only incidents to be distinguished between the different types of boating. Data source: incident statistics: MUARC 2009, MUARC 2010, for cost data refer SECTION BELOW. ff The value of a minor injury was estimated to be $5,000 Table 39 shows the average cost incurred in an incident for each level of severity. These costs were calculated using the following values: ff The average cost of responding to a marine incident was estimated at $10,824 based on information supplied by the Australian Volunteer Coast Guard. ff The cost of a fatality was calculated using the value of statistical life as suggested by the Office of Best Practice Regulation and the Victorian Competition and Efficiency Commission for these purposes ff The value of a major injury was estimated using the same values as DoT used in its earlier marine discussion paper (2009), which were $339,000 for major injuries involving extended stays in hospital and $20,000 for lesser incidents. These costs were weighted using exposure data which showed that 60% of injuries are in the less serious category Appendix 6: Cost benefit analysis and the identification of feasible solutions 163 Projected frequency of relevant incidents – assumptions and methodology The data in Table 39 above shows the number of incidents by type and severity that have occurred in recent years. An analysis of the data shows that some categories exhibit upward or downward trends, while others have been relatively flat over time. One challenge is to determine the appropriate trend or average line to use as a basis for future estimation of benefits. Trend estimates Trend estimates have been used in the analysis to calculate future benefits due to the introduction of a recreational boating licence. The problem with using values based upon trend estimates is the limited data available DOT has only 7 years of data available on which to base trend estimates whereas the minimum requirement would be 10 years. Furthermore, the data recording method changed during these 7 years. Consequently, an increasing trend may well due to better data recording methods rather than a real increase in the number of incidents. Note: Trend estimates for fatalities (not shown) indicate that within a number of years fatalities will be zero and eventually negative. This is an illogical outcome and average values in lieu used for fatality rates. Figure 43 - Average projection of (un-weighted) costs to society due to current levels of recreational boating incidents $140,000,000 $120,000,000 $100,000,000 $80,000,000 $60,000,000 $40,000,000 $20,000,000 $- Towing PWC In some cases, though, the trend appears conclusive, in particular, the number of injuries in the towed water sports sector appears to be growing strongly. In the analysis, the results are presented on the assumption that the trends will continue and also on the assumption that the number of incidents in future will be the average number from the past. 164 General Boating Average estimates To overcome the uncertainty that arises with the use of trends, the average is used to provide an estimate for the cost savings for the next 20 years. In this scenario, we estimated the average yearly number of incidents and extrapolated these to forecast the future benefits. However, this is, also not a 100 per cent correct estimate of the future outcomes, and represents merely an approximation of the benefits. Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Figure 44 - A verage projection of (un-weighted) costs to society due to current levels of recreational boating incidents $70,000,000 $60,000,000 $50,000,000 $40,000,000 $30,000,000 $20,000,000 $10,000,000 $- Towing PWC General Boating In the absence of better knowledge and data, using both forecast methods in combination provides an upper and lower bound approximation of the benefits, or costs saved. The cost estimate value is assumed to be somewhere in between. This issue was modelled as follows. First, the various options under consideration for the general boating licence were evaluated in a cumulative fashion. Some requirements would be additional to others. This is illustrated in Figure 45. Efficacy – the impact that different approaches to licensing would have on safety outcomes To estimate the benefits of a more stringent licensing regime, it is necessary to estimate the number of incidents that would be avoided. This requires further assumptions about the effectiveness of each of the licensing options. Figure 45 - Licensing options ‘roadmap’ 1+2+ Logbook Enhanced Information = Option 1 Enhanced Knowledge Test = Option 2 = Option 3 1+2+ 1+2+ Mandatory Training Practical Assessment = Option 5 = Option 4 1+2+5+ Mandatory Training plus Practical Assessment = Option 6 Appendix 6: Cost benefit analysis and the identification of feasible solutions 165 The outcome of each licensing option was assessed against each of the human factors individually by a panel of DoT staff with external consultants assisting. In this process, each licensing approach was assigned a score between 0 and 2 regarding its efficacy in preventing incidents caused by each of the contributing factors. As an element was added to the licensing approach it was assumed that the outcome could improve or remain the same, but could not deteriorate. For example, the knowledge test was assigned a score of 1 for most human factors according to the panel’s judgement. A separate set of scores were assigned to the logbook option and the sum of the scores assigned to each option and each contributing factor were carried through to the modelling. The cumulative scores assigned to each option for the general boating licence are shown in Table 40. Note that, while the scores are added together as requirements are added to the licensing option, the options themselves are not strictly additive, as shown in Table 40 above, for example the practical test option does not involve the logbook. Therefore, the scores do not necessarily increase from left to right across the table. Table 40 - Cumulative licensing efficacy scores by boating sector and contributing factor General boating 166 PWC Towed water sports Option 1 2 3 4 5 6 1 2 3 4 5 6 1 2 3 4 5 6 Lack of maintenance 1 1 3 2 2 3 1 1 3 2 2 3 1 1 3 2 2 3 Lack of fuel 1 1 3 2 2 3 1 1 3 2 2 3 1 1 3 2 2 3 Error of judgement 1 1 3 3 3 5 1 1 3 3 3 5 1 1 3 3 3 5 Inexperience 0 0 2 1 1 2 0 0 2 1 1 2 0 0 2 1 1 2 Navigational error 0 1 2 2 3 5 0 1 2 2 3 5 0 1 2 2 3 5 Insecure mooring 1 1 2 2 2 4 1 1 2 2 2 3 1 1 2 2 2 4 Failure to keep proper lookout 0 1 2 2 2 3 0 1 2 2 2 3 0 1 2 2 3 5 Fatigue 1 1 2 1 1 1 1 1 2 1 1 1 1 1 2 1 1 1 Alcohol and drugs 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Excessive speed 1 2 3 3 3 4 1 2 3 3 3 4 1 2 3 3 3 4 Overloading 1 1 2 1 1 1 1 1 2 1 2 3 1 1 2 1 2 3 Other human factors 1 2 3 3 3 4 1 2 3 3 3 4 1 2 3 3 3 4 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Table 41 - Licensing percentage of incidents prevented at overall efficacy score of 50% General boating Option 1 2 3 4 5 PWC 6 1 2 3 4 Towed water sports 5 6 1 2 3 4 5 6 Lack of maintenance 10% 10% 30% 20% 20% 30% 6% 6% 19% 13% 13% 19% 6% 6% 19% 13% 13% 19% Lack of fuel 10% 10% 30% 20% 20% 30% 6% 6% 19% 13% 13% 19% 6% 6% 19% 13% 13% 19% Error of judgement 10% 10% 30% 30% 30% 50% 6% 6% 19% 19% 19% 32% 6% 6% 19% 19% 19% 32% Inexperience 0% 0% 20% 10% 10% 20% 0% 0% 13% 13% 0% 0% 13% Navigational error 0% 10% 20% 20% 30% 50% 0% 6% 13% 13% 19% 32% 0% 6% 13% 13% 19% 32% Insecure mooring 10% 10% 20% 20% 20% 40% 6% 6% 13% 13% 13% 19% 6% 6% 13% 13% 13% 25% Failure to keep proper lookout 0% 10% 20% 20% 20% 30% 0% 6% 13% 13% 13% 19% 0% 6% 13% 13% 19% 32% Fatigue 10% 10% 20% 10% 10% 10% 6% 6% 13% 6% 6% 6% 6% 6% 13% 6% 6% 6% Alcohol and drugs 10% 10% 10% 10% 10% 10% 6% 6% 6% 6% 6% 6% 6% 6% 6% 6% 6% 6% Excessive speed 10% 20% 30% 30% 30% 40% 6% 13% 19% 19% 19% 25% 6% 13% 19% 19% 19% 25% Overloading 10% 10% 20% 10% 10% 10% 6% 6% 13% 19% 6% 6% Other human factors 10% 20% 30% 30% 30% 40% 6% 13% 19% 19% 19% 25% 6% 13% 19% 19% 19% 25% The cumulative scores were normalised and converted to percentages such that the highest of the scores assigned to the general boating licence was 100 per cent. For PWC and towed water sports the normalisation was done differently to take account of the specialist nature of this type of boating and of the possible endorsements discussed below. These percentages were then multiplied by an overall efficacy score to generate an estimate of the efficacy of each licensing option in preventing incidents caused by each of the human factors. The percentages are shown in Table 41 above, using an overall efficacy score of 50 per cent. These percentages were applied to the projected number of incidents to estimate the (gross) benefit of each licensing option. Endorsements The comments above concern options for the general boating licence. DoT has also considered the possibility of introducing endorsements for specialist boating activities, such as PWC riding and towed water sports. 13% 6% 6% 6% 13% 6% 6% 6% 13% 13% 19% Similarly to the analysis of the general boating licence, each endorsement option was assigned a score, between zero and two, to reflect the impact it would have on reducing incidents caused by the various human factors. The same 6 options were considered for endorsements as for the general boating licence. However, the scores assigned to the information only option were zero on the assumption that the impact of the information campaign was captured entirely in the general licensing stage. The scores assigned to the endorsement options were cumulative in that: ff A more stringent requirement for obtaining an endorsement could not be less effective than a less stringent option (i.e. the same requirement applied to the general boating licence) and ff The impact of an endorsement option was additional to the impact of the general boating options The approach taken to estimating the efficacy of these endorsements was similar to the general licence, with two key differences. Appendix 6: Cost benefit analysis and the identification of feasible solutions 167 Therefore, the scores assigned to the endorsement options were added to the scores assigned to the licence options. In doing this, though, the panel felt that another issue needed to be taken into account. It seems likely that obtaining a general boating licence will provide licensees with some of the skills necessary to participate in more specialised activities such as PWC riding and towing, but not all of them. In addition, as the general boating licence becomes more stringent in its requirements, it is likely that the increases would be in areas less relevant to these specialised activities. Therefore, the more stringent general licensing scores were weighted down as they were carried through to the endorsements in the modelling. This was the first key difference between the modelling of licences and endorsements. The second key difference was in the way the scores were normalised. It is necessary to normalise the scores so that none exceeds 100 per cent, to prevent the model from reaching illogical outcomes such as preventing more than 100 per cent of incidents from happening. For the general boating sector this was simply a matter of dividing all scores by the largest score and then applying the overall efficacy score. In the case of the PWC and towing sectors, scores were normalised by the highest score from the combination of licensing and endorsement scores. Through this process a set of percentages were produced that estimate the impact that different combinations of licensing and endorsement options would have on incidents caused by human factors. A sample of these percentages are shown in Table 42. Table 42 - Percentage reduction in recreational boating incidents by licence type – general boating and endorsements Gross Enhanced information Knowledge test enhancement Logbook Practical test Training Training and test General boating licence 6.41% 9.00% 25.30% 22.62% 23.73% 38.85% PWC endorsement 4.01% 9.14% 24.91% Towed water sports endorsement 4.01% 8.37% 27.14% Data source: ACIL Tasman As expected higher level interventions would be expected to have the greatest impact in reducing incidents. Present value of benefits The objective is to analyse whether or not any of the boating licensing options may provide more benefits than costs,. This is represented by a Benefit Cost Ratio (BCR) >1. For the analysis of the benefits, it is not only necessary to analyse the past benefits, but also to estimate future potential benefits which are represented in the Net Present Value (NPV). Aggregating over the entire population of recreational boating licence holder in Victoria, the present value of benefits from an improved licensing system for any one of the five licence options for each boating type shown in Table 43 and 44. Table 43 - Present value benefits (average) 168 Gross Enhanced information Knowledge test enhancement Logbook Practical test Training Training and test General boating $13,134,602 $18,427,610 $51,802,332 $46,329,479 $48,594,714 $79,548,810 PWC endorsement $1,452,512 $4,455,771 Towed water sports endorsement $4,369,125 $13,030,827 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Table 44 - Present value benefits (trend) Gross Enhanced information Knowledge test enhancement Logbook Practical test Training Training and test General boating licence $7,506,082 $10,530,898 $29,603,681 $26,476,089 $27,770,611 $45,460,070 PWC endorsement $2,645,621 $8,115,788 Towed water sports endorsement $10,939,635 $32,627,243 Present value of costs The cost of the licensing regime depends on two things: ff The cost to the licence applicant of reduced leisure time, due to time spend studying for a test, sitting a test, and taking part in practical experience requirements, such as logbook or practical training. ff The cost to the licence applicant of the licence fee, and the costs of training and testing facilities associated with the licence tests. A summary of these costs is represented in Table 45. below. They are based on estimated (student) time to complete the various requirements and administration time (both costed at average weekly earnings) and the estimated cost of course fees. Table 45 - Cost of training methods Enhanced information Knowledge test enhancement Logbook Practical test Mandatory training and practical test General licence $80 $105 $815 $248 $643 Towing endorsement $40 $53 $448 $195 $538 PWC endorsement $40 $53 $448 $195 $538 Data source: DoT estimates Note: Costs include estimates of the time taken to complete tasks by the applicant plus apportioning cost of $35 per hour as well as the costs to be paid to course providers and the administration costs of the regulator. For the analysis of the costs, it is not only necessary to analyse the costs that occurred in the past, but also to estimate future potential costs which are represented in the Net Present Value (NPV). Aggregating over the entire population of recreational boating licence holders in Victoria, the present value of costs from an improved licensing system for any one of the five licence options for each boating type is estimated to be as shown in Error! Reference source not found.. Appendix 6: Cost benefit analysis and the identification of feasible solutions 169 Table 46 - present value cost (average) Gross Enhanced information Knowledge test enhancement Logbook Practical test Training Training and test General boating $28,834,678 $37,845,515 $293,753,280 $89,207,284 $180,216,736 $231,578,506 PWC endorsement $1,400,603 $5,202,241 Towed water sports endorsement $1,908,437 $7,088,482 Benefit Cost Ratios Should a range have values wholly below a BCR of 1 then it is highly likely that the costs outweigh the benefits and that on a benefit-cost basis the option should not be pursued. In order to assist in decision making Benefit- Cost Ratios (BCRs) are determined. As previously discussed modelling BCR values has complications due to estimating future costs and benefits. One could use either future values of costs and benefits based upon trends of past data or future values of costs and benefits based upon ongoing averages of past data. For the purposes of this paper both trend and averaging data have been modelled. It is likely that the true BCR will be between the two values obtained. I.e. the average and trend based values provide end points for a range of BCR values and the true BCR value would lie somewhere within this range. Should a range have values some above a BCR of 1 and some below a BCR of 1 then it is likely that there is some benefit and that there may be a case to further examine these options. The tables below list the benefit – cost ratios for the trend projected values and the average projected values of costs and benefits. Table 47 - Estimated benefit cost ratios (BCRs) for approaches to licensing based on trend projection of costs to society due to current levels of recreational boating incidents – unweighted, unadjusted for injuries to skier Item Number Licence / Endorsement Delivery Options Enhanced information knowledge test enhancement Logbook Practical test Training Training and test 0.8 0.6 0.2 0.7 0.4 0.5 General boating licence 1 PWC endorsement 2 1.89 1.56 Towed water sports endorsement 3 5.73 4.60 Data source: ACIL Tasman modeling 170 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Table 48 - E stimated benefit cost ratios (BCRs) for approaches to licensing based on average projection of costs to society due to current levels of recreational boating incidents – unweighted, unadjusted for injuries to skier Item Number Licence / Endorsement Delivery Options Enhanced information knowledge test enhancement Logbook Practical test Training Training and test 0.6 0.6 0.2 0.6 0.3 0.4 General boating licence 1 PWC endorsement 2 1.0 0.9 Towed water sports endorsement 3 2.3 1.8 Data source: ACIL Tasman modeling The first row of results in each table shows the ratios as estimated for the general boating licence. The diagram below plots the average and trend based BCRs values. Figure 46 illustrates that trend based BCR values are generally higher than average based BCR values which is consistent with the increasing numbers of injuries over the past few years. The lower rows of the table show estimated BCRs for PWC and towed water sport endorsements. These ratios reflect an assumption that a knowledge test or practical test for an endorsement would be completed after the corresponding test for a general licence was completed, but that it would not be as costly as the general licence test. The endorsement test is envisaged to be a more specific test tailored to the particular requirements of the PWC and/ or towed water sports sectors. Therefore, as shown in the table above, its efficacy is estimated to be higher. Figure 46 – Graphical representation of average and trend based BCR vales 7 BCR value between values based on long term trends and values based on long term averages 6 5 4 3 2 1 0 1 Enhanced Information 1 2 3 Enhanced Knowledge Average based BCR 1 Logbook 1 2 Practical Test 3 1 1 Training Training and test Trend based BCR Appendix 6: Cost benefit analysis and the identification of feasible solutions 171 Figure 47 - Ranges of BCR for each investigated option 7 BCR value range plots for each option 6 5 4 3 2 1 0 1 Enhanced Information 1 2 3 Enhanced Knowledge 1 Logbook Figure 47 illustrates the range of BCR values estimated for each option investigated. Numbers 1-3 on the x axis refer to the following. Item 1 - Enhancing the general licence The analysis does not indicate that there is an economic benefit in altering the pre-requisites for the current marine licence. None of the analyzed changes result in any BAR greater than 1. e.g. the costs to implement any changes more than offset any benefits which could be obtained. Item 2 – PWC endorsement. With a range of BCRs between 2.3 and 5.73 the analysis indicates the use of an enhanced knowledge test is likely to provide net benefits. With a range of BCRs between 0.9 and 1.56 the analysis indicates the use of a practical test is likely to provide net benefits. Item 3 – Towed water sports endorsement. With a range of BCRs between 1 and 1.89 the analysis indicates the use of an enhanced knowledge test is likely to provide net benefits. With a range of BCRs between 1.8 and 4.6 the analysis indicates the use of a practical test is likely to provide net benefits. 1 2 Practical Test 3 1 1 Training Training and test Modifications to the basic BCR results There are two issues that need further consideration. Firstly, the benefit that can be achieved from an endorsement is likely to vary depending on the method applied to the base licence. Secondly, injuries in the towed water sports category may be less ‘susceptible’ to avoidance through licensing than injuries in other sectors. This is due to the level of control the operator has over incidents. An endorsement for the master and/or operator will not address decisions made by other parties such as water skiers and other towed parties. Varying endorsement BCRs based upon base licence delivery method As the method applied to acquiring the general licence becomes more stringent it is reasonable to expect that licencees will have a higher level of knowledge of some of the elements which an endorsement would also cover. For example, a person who has completed a 20 hour logbook would have more experience in boating than someone who has only completed a paper test and is likely to be a better PWC operator because of it. Given the higher level of base knowledge, the additional knowledge acquired when obtaining a secondary endorsement may be reduced. To account for this it may be appropriate to weight the ratios calculated for the endorsements appropriately. Suggested weightings and the weighted BCRs for PWC and towed water sport operations are provided in Tables 49 and 50. 172 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Table 49 - PWC endorsement BCRs weighted for overlap due to licence method Weight due to base licence method No change 0% Enhanced knowledge test 5% Training or logbook 10% Practical Assessment 15% Training plus Assessment 20% 1.89 - 1 1.80 - .95 1.70-.9 1.61- .85 1.51 - .80 1.56 - .90 1.48 - .86 1.40 - .81 1.33 - .77 1.25 - .70 PWC endorsement Range of knowledge test BCRs – trend to average ‘trend’ model Range of Practical test BCRs – trend to average ‘trend’ model From the table it can be seen that should the basic licence improve the knowledge of PWC there is expected to be less benefit gained from the additional endorsement. All the ranges dip below BCR values of 1 although the majority of values remain above 1. In comparison to other boating activities, a larger proportion of injuries are not ‘susceptible’ to being prevented by the master/operator, no matter how skilled they are. This needs to be taken into account should the requirements to achieve a basic licence alter from current practice and the PWC endorsement be altered. It is the master/operator that requires the licence and thus the master/operator who acquires increased competency through any changes to the licensing regime. The endorsement is not aimed at the towee and will not effect his or her decisions. Towed water sport BCRs weighted for percentage of adverse outcomes resulting from towed person’s decisions. To account for this Table 15 includes weightings for the BCRs to account for the relative level of incidents resulting from the towee’s decisions as opposed to the master/operator’s decisions. The reduction in effectiveness of a towed water sport endorsement due to an improved basic licence is similar for PWC endorsements as discussed above. However, the effectiveness of any towed water sport endorsement will be further reduced as a significant proportion of injuries in the towed water sports sector are due to decisions made by the tow-ee. In the table a value of 100% assumes that all water sport incidents are attributable to operator failures, 50% assumes that 50% are attributable to operator failures and 50% are attributable to decisions by the towed person Appendix 6: Cost benefit analysis and the identification of feasible solutions 173 Table 50 - Water Sports endorsement BCRs weighted for overlap due to licence method and the percentage of efficiency of the endorsement based on assumed percentage of incidents attributable to the operator. Weight due to base licence method PWC endorsement proportion of cost ‘susceptible’ to licensing No change 0% Enhanced knowledge test 5% Training or logbook 10% Practical Assessment 15% Training plus Assessment 20% Range of knowledge test BCRs – trend to average ‘trend’ model 100% 5.73 – 2.3 5.44 – 2.19 5.16 – 2.07 4.87 – 1.96 4.58 – 1.84 90% 5.16 - 2.07 4.90 - 1.97 4.64 – 1.86 4.38 – 1.76 4.13 – 1.66 80% 4.58 - 3.68 4.35 – 3.50 4.13 – 3.31 3.90 – 3.13 3.67 – 2.94 50% 2.87 – 1.15 2.72 – 1.09 2.58 – 1.04 2.44 – 0.98 2.29 – 0.92 Range of Practical test BCRs – trend to average ‘trend’ model 100% 4.6 – 1.8 4.37 – 1.71 4.14 – 1.62 3.91 – 1.53 3.68 – 1.44 90% 4.14 – 1.62 3.93 – 1.54 3.73 – 1.46 3.52 – 1.38 3.31 – 1.30 80% 3.68 – 1.44 3.50 – 1.37 3.31 – 1.30 3.13 – 1.22 2.94 – 1.15 50% 2.30 - 0.90 2.19 - 0.86 2.07 - 0.81 1.96 - 0.77 1.84 - 0.72 Data source: ACIL Tasman modeling Conclusions from Table 50 The majority of BCR ranges from this sensitivity analysis estimate ranges of BCR values greater than 1. This indicates that regardless of changes to the basic licence test a towed water sport endorsement delivered either via a knowledge test or via a practical test would have benefits greater than the costs. The table indicates that when injuries result from decisions made by the towee 50% of the time the BCR ranges straddle a BCR of 1. This indicates that any intervention is becoming marginal in terms of the benefits it achieves. 174 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Appendix 6: Cost benefit analysis and the identification of feasible solutions 175 176 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Appendix 7: Relative exposure to risk, a comparison between marine and road incidents The exposure to risk report from MUARC discussed above provides data on marine fatality rates which allows us to compare fatality risk in boating to that involved in different transport modes within Victoria. The report is based on a ‘participation and exposure’ data study of recreational vessel usage in Victoria and allows us the possibility to make some broad assumptions about the relative risk marine and road users face. Calculation of vessel exposure/fatality rate. From the MUARC exposure report, an average total number of on water hours per surveyed vessel per annum can be calculated at 38.6 (see Table 15). Comparison of vessel fatality rates and vehicle fatality rates based on hours of exposure The following is a broad comparison of fatality rates based on information from the MUARC analysis of marine activity in the year 2008-2009, road travel data for 2007 from the Australian Bureau of Statistics (ABS) as well as ABS information on road fatality rates for the years 2007-2010. Table 51 - Determination of average hours used by recreational vessel per year Quarter Number of surveyed vessels Total hours used per quarter Average hours used per quarter per surveyed vessel Oct qtr. 2008 722 7297 10.1 Jan qtr. 2009 719 11370 15.8 Apr qtr. 2009 779 6845 8.8 Jul qtr. 2009 762 2930 Average hours per surveyed vessel per annum 3.8 38.6 This figure of 38.6 hours per vessel per annum can be used to extrapolate the average number of vessel exposure hours per fatality using the average number of registered vessels and an indicative figure for annual marine fatalities (see Table 16). The calculations show us that a fatality occurs per average 949,000 vessel exposure hours. Appendix 7: Relative exposure to risk, a comparison between marine and road incidents 177 Table 52 - Calculation of total vessel exposure hours per fatality Average number of registered vessels across the year from the exposure report 170,000* Total exposure hours for fleet 170,000 x 38.6 = 6,545,000 Long term trend in recreational boating fatalities (average over ten year period from 2000/01 – 2009/10) Average number of vessel exposure hours per fatality 6.9 949,000 Average distance travelled (km) 48 Average number of exposure hours per car 315 Number of registered vehicles in Victoria (ABS Release 12/11/2009) 4,000,000 Total exposure hours for vehicle fleet Number of fatalities (ten year average to 2010) Motor Vehicle statistics Average number of vehicle exposure hours per fatality Data on average travel speeds for motor vehicles in Victoria is unavailable and our calculations thus rely on a few assumptions. The ABS survey data indicates 75% of the distance travelled in motor vehicles was within urban areas and the other 25% was in rural areas. We presume an average travelling speed of 70km/h in rural areas and one of 40km/h in urban areas. By weighting these two averages, we arrive at an estimation of 48km/h for road travel across the state. This represents approximately 315 hours of travel (or exposure) per registered vehicle in Victoria per annum. Multiplying this by a rounded figure for the number of registered vehicles in Victoria (4,000,000), we arrive at an estimate for the total exposure hours for the entire Victorian vehicle fleet of 1,260,000,000. We take the ten year average Victorian annual road toll (341 - TAC) and divide the above total exposure hours by this to arrive at the estimate of 3,695,000 exposure hours per road fatality (see Table 17). 15,100 Assumed average speed (km/h) *Note: As discussed earlier figure used is 170,000 whereas exposure report used 151,519. Motor vehicle use statistics provide a useful comparison to the hours of boating exposure per fatality rate. The most recent ABS survey of motor vehicle use in Australia (Survey of Motor Vehicle Use, 9208.0) covers the 12 month period ending 31 October 2007. It reports the average kilometres travelled in vehicles in Victoria per passenger vehicle as being 15,100 over the 12 month survey period. 178 Table 53 - Calculation of total vehicle exposure hours per fatality 1,260,000,000 341 3,695,000 Comparison of vessel and vehicle statistics based on exposure hours Table 54 - Table comparing vessel and vehicle exposure rates and ratio of fatality rates Average number of vessel exposure hours per fatality 949,000 Average number of vehicle exposure hours per fatality 3,695,000 Ratio of vessel fatality rates to road vehicle fatality rates 3.89 Based on hours of exposure a recreational vessel is approximately 3.89 times more likely to be involved in a fatality than a vehicle. The conclusion is not a strict comparison of like activity rate for like activity rate, given: ff the number of vehicles included fatalities on motorcycles, in trucks and on any road vehicle, and ff the vessel statistics relate only to recreational vessels. However even if (based on that method of analysis) 20% of vehicle statistics were based on non car incidents, there is still a large difference in vessel and vehicle fatality rates and the conclusion remains valid. Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Comparison of vessel fatality rates and vehicle fatality rates based on distance travelled The assumptions per vessel type are: ff Fishing - assume 1/2 travel at 30 knots, 1/2 anchored An alternative methodology to ascertaining the relative risk of fatality between vessels and vehicles is to use a measure based upon distance travelled. ff Yachting - assume 10 knots ff Cruising - assume mix of vessels motor boats averaging 30 knots The Survey of Motor Vehicle Use 2007 from the ABS reported road fatalities per million vehicle kilometres as 0.0057 for Victoria. In order to validate the above conclusion a similar estimate for vessels can be calculated based on how far the recreational fleet would have travelled and then be compared to this. ff PWC - assume 35 knots ff Towed water sports - assume mix of water sports activities at speeds averaging 25 knots ff Racing - assume mostly yachts at 10 knots ff Other - assume 15 knots Average speed of vessels This would result in a weighted average speed of 15.61 knots, or 29 kilometres per hour (Table 23). The MUARC exposure report provides data for total on-water hours per vessel type for the year comprising October 2008 – September 09. While not a financial year it does contain a years worth of data and is the only data available for vessel exposure rates. This can be used, along with a list of assumptions for average travel speed, as the basis for an estimate of average vessel speed for the whole Victorian recreational boating fleet. Table 55 - Table showing the average speed of vessels from vessel on water hours. Activity Number of vessel on - water hours % of total Estimated average speed Weighted average contributions Fishing 18400 65% 15 9.75 Yachts 4634 16% 10 1.60 Motor Boats 1123 4% 30 1.18 PWC’s 686 2% 35 0.70 Towed Water Sports 1688 6% 25 1.50 Racing 361 1% 10 0.13 Other 1540 5% 15 0.75 28432 Weighted average speed (Knots) 15.61 Using the above figure of 29km/h, an estimate of the total kilometres covered by the Victorian recreational boating fleet can be calculated (189,800,000km). This can be used to arrive at a boat deaths per million kilometres figure to be compared with that of the roads (0.0057). This shows the fatality risk for recreational boating to be over six times that for passenger vehicles. Table 21 shows this and the resilience of a large risk differential when varying the average fleet speed. Appendix 7: Relative exposure to risk, a comparison between marine and road incidents 179 Fatal crash comparison - vessels/vehicles (2007) Table 56 – Comparison of fatal crashes between vessels and vehicles in 2007 Average boating Speed Knots Comparisons vessel death rate/vehicle death rate (0.0057) Km/h Total Km (6,545,000 * km/h) Vessel Deaths(6.9)/ million km 5 9.26 54,000,000 0.115 20.1 10 18.52 108,000,000 0.057 10.1 15 27.78 15.61 29 20 37.04 25 46.3 162,000,000 0.038 6.7 0.036 6.3 216,000,000 0.029 5.0 270,000,000 0.023 4.0 189,800,000 Comparison of vessel/vehicle fatality rates. Table 57 – Comparison of vessel and vehicle fatality rates Based on exposure hours 3.9 Based 0n 2007 km travelled 6.3 Each of the methods used in the estimation produces a similar result. Whilst the actual values are subject to conjecture due to the assumptions, regardless of which methodology is used there appears to be a greater likelihood of incidents resulting in a fatality when boating compared to when driving. The conclusion illustrates that, of itself, the boating fatality rate provides impetus to improve boating safety. 180 SMVU (fatalities) Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Appendix 7: Relative exposure to risk, a comparison between marine and road incidents 181 182 Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Glossary ABS Australian Bureau of Statistics ACMA Australian Communications and Media Authority ACT Australian Capital Territory AVCGA Australian Volunteer Coast Guard Association BARD (US Coast Guard’s) Boating Accident Report Database BIA Boating Industry Association CEO Chief Executive Officer ColRegs International Collision Regulations DVD Digital Video Disc Endorsement Permission to master a vessel in a prescribed activity Environmental factors Causal factors from environmental actions EPIRB Electronic Position Indicating Radio Beacon GPS Global Positioning System HF High Frequency Hours Vessel movement by time HP Horse power Human factors Causal factors from human actions Kw Kilowatt Marine licence Permission to be a master of a vessel MAST Marine and Safety Tasmania Master A person having command or charge of a vessel Material factors Causal factors from the variability of materials strength and desdign MHz Megahertz MROCP Marine Radio Operators Certificate of Proficiency MROVCP Marine Radio Operators VHF Certificate of Proficiency MSQ Marine Safety Queensland Glossary 183 184 MSS Marine safety system MUARC Monash University Accident Research Centre Nm Nautical mile NMSC National Marine Safety Committee NSW New South Wales NT Northern Territory Operator A person controlling the movement of a vessel Permission A marine licence or endorsement of a marine licence Person hours Vessel movement by time and number of people on board Person trips Vessel movements by number of people on board PFD Personal Floatation Device PWC Personal Water Craft RandL VicRoads data base RBOL Recreational Boat Operators Licence Restricted marine licence A permission to master a vessel with conditions of operations RST Recreational Skippers Ticket (Western Australia) RTO Registered Training Organisation SA South Australia The Act The Marine Safety Act 2010 Towee Person engaged in water sports and being towed Tower Person operating a vessel engaged in towed water sports Trips Vessel movements TSV Transport Safety Victoria – Victoria’s marine regulator TSV Transport Safety Victoria VHF Very High Frequency Vicpol Victoria Police VicRoads Victorian licence and registration authority Options Paper for Marine Licensing in Victoria – For Marine Safety Regulations 2011 Acknowledgements We acknowledge the support of the following during the preparation of this paper. ff Honourable Deborah Hersman, Chairman, National Transportation Safety Board, USA. ff Bill Gossard, National Transportation Safety Board, USA. ff Jeff Hoedt, United States Coast Guard. ff Susan Tomczuk, United States Coast Guard. ff Peter Chennel, Royal National Lifeboat Institute, UK. ff Delegates to the Department of Transport workshops during the Marine Safety Legislation Review ff Lee-Anne Bowles ff Monash University Accident Research Centre ff Transport Safety Victoria ff New Zealand Safety Authority ff Australian Volunteer Coast Guard Association Inc. Glossary 185 DOT5861/11 www.transport.vic.gov.au
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