A New Decree Adds Two New Safety Obligations for Motorised Watercraft

Last October, a decree was published amending the decree of 23 November 1987 on vessel safety (division 240). This decree adds two new obligations that users will have to comply with. It covers 2 essential safety elements when navigating motorised watercraft and outboard-engine motorboats.

What This Ministerial Decree Adds

This new decree, published by the Secretary of State for the Sea, covers two safety items that reinforce division 240: the kill switch and neoprene equipment. Specifically regarding the kill switch, this obligation applies to outboard-motor vessels (tiller or remote-controlled) and motorised watercraft (PWC). As a reminder, the kill switch allows emergency shutdown of the vessel's or PWC's engine if, for example, the operator falls overboard. The decree stipulates that the kill switch must obligatorily:

• be worn on the wrist or leg of the operator

• 
  not be modified or extended for comfort

• be fully functional and always engaged when the engine is started

A spare kill switch must be kept on board in the event of loss or malfunction of the "primary" kill switch. This second kill switch must be easily accessible and its location must be clearly identified. For the operator to move around the vessel, it must be at a standstill with the engine off, and the operator must ensure the propeller cannot be engaged.

Regarding the wearing of neoprene equipment, this now applies when using a motorised watercraft (PWC/Jet ski). This supplements previous obligations such as navigation in daylight hours only, at a maximum of 2 nautical miles from shelter for a single-person PWC, and a maximum of 6 nautical miles when the craft accommodates multiple persons. Wearing an individual flotation device (IFD) is mandatory regardless of the distance from shelter, and it is now also compulsory to wear neoprene equipment with a minimum thickness of 2mm (shorts, shorty or full-body wetsuit) when using a PWC.

Which Boaters and Watercraft Users Will Be Most Affected by This New Decree?

First and foremost, this affects owners of outboard-engine motorboats, such as RIBs or inflatable boats, light runabouts equipped with outboard engines, and tenders over 2.50 metres with a motor exceeding 6 horsepower. All jet ski owners will also need to invest in appropriate neoprene equipment if they do not already own it. Rental companies must not be forgotten, insofar as they rent these types of watercraft. This will add costs, particularly for jet ski rental operators who do very good business during the summer season. Nevertheless, these costs are worth paying for the safety of their customers. It will be essential for these companies to enforce the wearing of neoprene to prevent serious accidents. This obligation applies to everyone and therefore also covers yacht owners who have one or more jet skis as toys. The aim of increased safety obligations is not to constrain users of these watercraft, but to allow them to enjoy themselves fully while reducing the risk of accidents.

How Will These New Obligations Improve User Safety?

The risk of not wearing the kill switch at sea is that if the operator falls overboard, the engine will keep running. This will render the vessel uncontrollable and very difficult to stop, whether by the operator or the other persons on board. Not all outboard motors are fitted with a propeller guard, which protects users from cuts in this very sensitive and dangerous part of the motor. The kill switch enables emergency shutdown of the engine, causing the propeller to stop spinning, thereby preventing potentially serious accidents.

Regarding the wearing of neoprene equipment, it helps prevent injuries caused by the turbine jet. This very powerful jet (up to 80 bar of pressure at the turbine outlet) is the cause of numerous pelvic injuries when falling backwards from a PWC, which can lead to serious haemorrhaging. Wearing neoprene equipment drastically reduces this injury risk, which has been on the rise in recent years, particularly during the summer season when jet ski use increases considerably. Many doctors and maritime authority members had highlighted the recommendation to wear neoprene to minimise the risk of injury.

These requirements, which supplement division 240, are essential and important to comply with in order to ensure your own safety, as well as the safety of other users at sea. Numerous accidents, too often with serious consequences, are recorded every year. It is essential to be aware of and to comply with these obligations in order to enjoy the ocean safely.