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BWA'S Position
Statements and Submissions
STERN LINES
2011
Marine Insurance - Public Liability
Boating WA members will most likely have read in the media, or
heard on the radio during the week of 27th May last about the young lady Kate
Campbell who was injured in a boating accident at night in 2007, on the Canning
River. The driver was Luke Woollard who reportedly was driving his parents open
top sports boat. Luke was convicted after admitting that he was drunk. He
received a sentence of a suspended prison term and 200 hours of community work.
Not only was this an avoidable tragedy but the tragedy has been exacerbated by
the owners of the boat allegedly not having any third party marine insurance.
Whilst some people could say that the son must be responsible for his own
actions, it is reasonable to suggest that a person lending their vessel to
others has a social obligation to ensure that the vessel is covered by marine
third party insurance. However it must always be borne in mind that third party
insurance will not protect skippers or owners when the skipper is under the
influence of alcohol or drugs. So whether the vessel was uninsured or the
insurance has been excluded by the skipper being convicted of being intoxicated
we are unclear and a clarification by the Woollard family would be enlightening
and could help to alleviate some of the pressure on them.
Members of Boating WA have expressed their incredulity that anyone owning a
boat, as well as having non family members on board, could take to the water
without third party insurance cover. This is especially surprising when such a
high public profile family well known for its public stances on issues of social
standards and concerns is involved. Indeed it is surprising that on an issue so
important, Luke’s mother Janet Woollard, M.P. who is Chairperson of the
Parliamentary inquiry into the consumption of alcohol in this state, is still
content to receive the publicity and discuss the issues around her public stance
about the consumption of alcohol, but is not prepared to address the issue of
the injuries to passengers in her family’s boat whilst her son was in charge of
the vessel. Additionally a statement as a social service to highlight the
dangers to society that even if you do have insurance that it will be of no
value if the skipper is intoxicated. It is understandable if some people today
are distressed by the lack of translation of a social conscience into deeds.
Quite simply if a boat owner is not prepared to insure for marine third party
issues, or they wish to over indulge with alcohol, then they are opting to self
insure. This means backing every minute of your boating trips with your entire
personal assets. Clearly with the costs and damages associated with personal
injury this would be considered an unreasonable choice, as perhaps even your
assets would not be adequate to cover all the costs awarded against you. Bear in
mind the court awards now being made for loss of life, paraplegia or serious
injury.
Ms Campbell has stated that she has accumulated medical costs close to $300,000
and her rehabilitation has not finished yet. These costs are without the
additional risk of damages being awarded against the boat driver or owner.
In some cases there may be an issue where the passengers either boarded the
vessel knowing the skipper was intoxicated or became aware of it when aboard. It
would be reasonable to expect that the injured parties would have refused to
board or would have insisted that the skipper put them ashore. Participants in
outings on small vessels should be alert to the condition of the skipper and
consider the consequences of their own lack of action.
There have been poorly informed calls for compulsory marine third party
insurance. Quite rightly such calls have been rejected by the state government.
The government has a compulsory scheme for motor vehicles which assists when a
vehicle is uninsured. This scheme still has the right to recover costs from the
uninsured driver if they believe that there may be assets which can be called
upon.
Such a scheme is inappropriate for recreational boating, playing golf, cycling,
skydiving and other amateur interests. However responsible boaters who are well
enough educated to be aware of the consequences of a propeller or a sailing
vessel meeting a human body in the water will view it as a reflex action to have
third party insurance. Any boater not having this elementary cover could be
viewed as anti social. Any boat skipper who consumes more than a minimum of
alcohol should refrain from driving and step aside in favour of another person.
The skipper may be intoxicated but at least he is not at the wheel, which is the
lesser of two evils.
This ongoing case is a serious embarrassment to the boating community, the
majority of whom are civic minded citizens who take all of their marine
responsibilities seriously. Due to the lack of comment by the Woollard family on
this issue we are still left wondering if they still believe that in any event
the alleged lack of marine third party insurance was appropriate.
Members are reminded that Boating WA is an agent for Club Marine one of the most
reputable marine insurers in Australia and which is backed by the international
Alliance Group. This company has a good record of stability with their
underwriters and many commendations for the manner in which it has handled its
members claims. Bear in mind that the correct approach to buying insurance is
not what the insurance costs but what is covered by the policy.
Boating WA members receive a substantial rebate on their Club Marine insurances
placed through Boating WA. If you do not have marine third party insurance cover
every time you go boating you can be risking everything you have achieved in
life.
P.S. We note from a report in the “West Australian” on Saturday 25th June that
Ms Campbell will launch civil proceedings against Luke Woollard. We await the
outcome with interest particularly the legal costs, the costs of treatment and
any damages awarded. Luke’s ongoing punishment of facing the long term
consequences of his actions should be enough deterrent for any other skippers
inclined to over indulge with their guests.
INFLATABLE LIFE JACKETS
We have been interested observers that boaters in this state do not appear to be
keen to be seen to be wearing life jackets when they go boating when conditions
are not calm or incidents could occur.
We become particularly nervous when we see small children roaming around the
foredecks of moving boats and elderly people assisting to moor vessels on decks
with little in the way of realistic guard rails or hand holds.
Is it a macho thing with people feeling that a quick dunking will not hurt, and
anyway they will look good standing in the cockpit with no clothes on? The other
side of the story is that people falling over board frequently receive an injury
in the process and may be incapable of doing much except pulling the cord and
inflating the jacket. We are not particularly promoting the use automatically
inflating life jackets.
However the current range of thin profile inflatable life jackets do not hinder
normal activities on a boat and would be a practical safeguard for the less sure
footed or strong crew who go boating on the west coast and even on the Swan
River. Why not consider buying a couple so that the skipper and their partner or
crew member are better protected?
The Voting Boating
Public are entitled to more!
Boating Western Australia has a principle and unwavering determination as a
volunteer
lobby group acting on behalf of recreational boaters to keep public awareness
of the critical lack of
boating facilities in this state in front of Government.
We have frequently in the past illustrated that nearly 26% of the Western
Australian population,
(men, women and children) are involved in some way with either a recreational
boating activity or a
recreational boating business.
To confirm this :
1. There are approximately 90,000 registered recreational vessels in WA, and
nominally in the
order of 15,000 unregistered vessels in WA (dinghies, trainers etc).
2. These 105,000 vessels with an average active involvement of 3 crew and/or
guests equates
to 315,000 people who are actively engaged in recreational boating. This alone
is in the
order of 15% of the West Australian population.
3. Add in the staffing and volunteer involvement at Yacht Clubs, Marinas and
racking facilities.
4. Add in those personnel in the service industry – consider Brokers,
Shipwrights, Chandlers, Marine mechanics, Marine Electricians, Boat
Builders and all other associated trades and we can therefore comfortably claim
that these combinations represent in the order of 26% of the population – who
are involved in some way with recreational boating.
Consider also the fact that yachting fosters character building competition. It
promotes good clean
healthy sporting activity in a family environment, that keeps young minds
active and young people off
the streets. As do all other sporting programs, boating keeps families together
and the value of this to
our social fabric should never be underestimated.
Given the absolute responsibility of Governments to provide facilities for the
constituents, it is barely believable that it is 22 years since a public boat
ramp was built in metropolitan Perth.
Marina and pen facilities are in a similar critical absence and the wait list
for pens grows every month
as the inactivity of Government continues. Statistics show us that boat
registrations in Western
Australia are growing at a rate of 4,000 per year ( 5,500 per year prior to the
economic crisis).
In discussions with Planning Minister John Day (earlier this year) it was
reasoned that given the
population density development in WA has always been, and continues to be along
the coast, that any approval for a coastal development should be absolutely
conditional on the developer providing “pro-rata” marina development to housing
establishment.
We can easily reason that 26% of the people coming into any new development
will be involved in
recreational boating and we should ensure from the outset that they are
adequately provided for in the
development plan and facilities .
Economic impact of
the lack of facilities
1. The Rottnest Island Authority acknowledge in their latest 5 year plan, that
30% of visitors to the Island arrive by recreational vessel. The return to the
Authority on a nett basis on mooring license fees is the biggest single income
source on their budget revenue sheet.
2. The Boating Industry Association (BIA) reveal that $1.6 billion (yes –
that’s BILLION not million) was generated by recreational boaters in Western
Australia during 2006 alone. In that same year, $62 million in export revenue
was created for the state. Without question, recreational boaters tend to
spend holiday dollars in
and on their boats locally, rather than on international or interstate trips –
this keeps the funds circulating in our own state economy.
The crisis in the lack of boating facilities, particularly pens, is stifl ing
the boating industry and consumer activity. If all of the programs
envisaged by Government for the provision of facilities over the next five
years were delivered – completed tomorrow, not even the current backlog of demand would be met.
We note that in recent media releases from the Department of Transport, that
111 pens have been delivered in the last two years at Hillarys and Fremantle
Fishing Boat Harbours.
If you compare that with the actual new registrations of vessels over that same
period – this presents a vivid picture of the inadequacy of our State Program.
In a further recent media release it was disclosed by Government that $65
million would be allocated
to the provision of recreational boating facilities through the Royalties for Regions Program.
Surely, this must take enormous pressure off budgetary constraints for the
provision of facilities in the metropolitan area.
Sadly, in recent years it would seem that not only has the Government failed to
deliver facilities to the boating community, has stood as a barrier between the
public and private enterprise in the provision of recreational boating
facilities.
All that is needed is an approved site – private capital will do the rest.