Sun 10 Feb, 2013 8:55 pm
Rob A wrote:You have to have something formal in place. Some guy in The Finnish Communications Regulatory Authority recieves an epirb alert from his national abroad and contacts ... who? I mean jesus.
Sun 10 Feb, 2013 9:02 pm
colinm wrote: I do think it's dictatorial, and I think we're collectively being waltzed into a situation that I don't want to be in.
Mon 11 Feb, 2013 9:40 am
Strider wrote:Rob A wrote:Shrugsies. Hes a kiwi. Allowed to shampoo in the creeks *&^%$#! in the lakes trudge mud through the hut and leave the door open for the sandflies.
Not quite sure what all that is about? Bad personal experience?
Mon 11 Feb, 2013 10:08 am
colinm wrote:Thank you for a very thoughtful response.
If it were not for selective enforcement, you'd be right.
Since the regulation is impossibly broad (such that any person in any park could be charged) it's bad law, and it is dictatorial in nature: leaving it up to the executive to determine the nature of the offence, and then to determine when it might be applied.
The Naan+Spuds guy was charged under the national parks regulations - see the thread http://bushwalk.com/forum/viewtopic.php?f=5&t=11960. In this case, the charge arose from a regulation, not directly from a statute.
The regulation in question was created after a spate of base-jumping incidents in National Parks - base jumping is in fact one of the activities specified in the regulations as examples. One of the defences against the charge is that the activity in question is compassed by the NP Plan of Management ... Bushwalking certainly is, in the case in question. I think the charges couldn't have resulted in a conviction.
In the event, the person charged was from Victoria (and hence highly unlikely to contest) so we will never know whether the charges were appropriate because they won't be heard in open court. The S&R guys publicised the charges, but not enough details to really know whether they were justified.
I also think it's pretty rare for that regulation to be acted upon - that is precisely what the S&R police said in their press release. I'm not sure whether we should feel grateful for that, or what we're intended to take from it.
As every bushwalker can be charged under the regulation, and it's entirely up to the discretion of the rescuers to charge a bushwalker, and those same people chose a particularly soft target, and used the media to publicise that, and this more recent event ... I do think it's dictatorial, and I think we're collectively being waltzed into a situation that I don't want to be in.
colinm wrote:Rob A wrote:You have to have something formal in place. Some guy in The Finnish Communications Regulatory Authority recieves an epirb alert from his national abroad and contacts ... who? I mean jesus.
Good Question. Perhaps he should contact the list of people in the contacts associated with the PLB.
In the US case referred to http://www.rockymountainrescue.org/3rd- ... -16-13.php a PLB alert was transferred to a purely volunteer organisation, and a successful rescue was effected. It seems clear, then, that formality does not logically or practically entail police coordination.
As it happens, a lot of the Commonwealth and State negotiations pursuant to the international treaty I mentioned above had to do with who pays whom, and who is authorised to call on what resources, when, and for what reasons.
Mon 11 Feb, 2013 10:44 am
Hallu wrote:Btw why don't they just charge a bucket load of money to persons being rescued?
A former president of Bushwalking Australia, David Reid, said charging hikers for their rescue could prove harmful.
''To introduce a broad-based penalty for people who get into trouble could well deter them from seeking assistance when it's important to do so,'' he said.
Mon 11 Feb, 2013 10:55 am
Mon 11 Feb, 2013 11:25 am
Hallu wrote:It's a two way street, Tom : if you know you'll be rescued you could also venture into areas above your skill/fitness level... whereas if you can't afford a rescue, you'll keep to safer and easier tracks. Only statistics would give us which is the right method.
I personally think owning a PLB may give a false sense of security and therefore is dangerous (not in all cases of course, it does save lives).
Mon 11 Feb, 2013 12:52 pm
Chuck wrote:I am interested to understand why you think it is "selective enforcement".
Chuck wrote:I do agree that on the surface the relevant section of the regulation is broad. However I don't agree that "any person" could be charged. The offence still has to be proven in court. Whether it is actually tested or not, the evidence still has to exist.
Chuck wrote:I think the fact that very few people have been fined/charged offers comfort for the average hiker/outdoor adventurer who is well intentioned and does the right thing. The police involved in the recent incident in the Blue Mountains said themselves (through their facebook page) that the decision to take such action isn't taken lightly and is only taken in extreme circumstances. Unfortunately the actual circumstances of that case were not publicised, but it is obvious from what was reported that it was extreme.
Chuck wrote:Let me ask you this; should a person not be held accountable for their actions if they were to go out into the wilderness, completely under-prepared, with total disregard for their own safety and intentions of attempting something that will inevitably end in them requiring rescue (or worse)?
Chuck wrote:I think the message the S&R cops were trying to get out (with the Naan guy story) is that if people do go out with absolute disregard for their safety, they can be held accountable for their actions. I don't think their intention is to scare bushwalkers into thinking they are going to fined if they make a mistake. I think they want people to carefully consider their own safety when planning a trip.
Chuck wrote:There are a lot more people engaging in outdoor recreation these days. Technology and information availability has made it more accessible and encouraging. Unfortunately though, I think this has led to more people with less experience becoming involved and taking greater risks. As a outdoor adventurer, I don't want us all to earn the reputation of being inconsiderate, irresponsible risk takers, simply because a small section are just that. I think by holding those small few accountable, when the circumstances dictate, maintains a balance. I think it prevents the situation from becoming what you described earlier in the thread, where therer is a public push for greater regulation or "user-pays" for rescue. From what I have read, I don't think the authorities in question consider bushwalkers and the like a "drain on society" , nor do I think they push this view in the public forum. What they do push is for people to take some responsibility for their own safety, which I think is reasonable.
Mon 11 Feb, 2013 5:45 pm
Mon 11 Feb, 2013 6:32 pm
Mon 11 Feb, 2013 7:02 pm
colinm wrote:Thanks, Chuck, that was an interesting read. I note SMH reported “The three are expected to be charged with four offences under National Parks regulations, including putting others at risk, entering a closed park and disobeying park notices.”
No wonder they lost the case - as the park was closed and notices posted, their canyoning activity could not possibly have been "in accordance with the plan of management."
Mon 11 Feb, 2013 7:34 pm
maddog wrote:Why are people living in Australia getting indignant over the spending of taxation revenue in New Zealand? A more important consideration was whether or not the rescue service was diverted from more pressing need. If not, what harm was done?
Most amusing in my opinion.
Mon 11 Feb, 2013 9:11 pm
Chuck wrote:colinm wrote:No wonder they lost the case - as the park was closed and notices posted, their canyoning activity could not possibly have been "in accordance with the plan of management."
I'm not sure how the park closure impacted on the Cl.22 offence, as the closure and associated notices were a result of long-term trackwork in the area, not due to weather conditions etc. Obviously if the closure was due to the severe weather, it would be a no brainer, but......
Tue 12 Feb, 2013 12:15 pm
Hallu wrote:I personally think owning a PLB may give a false sense of security and therefore is dangerous (not in all cases of course, it does save lives). In Australia/NZ with all the stories we hear it looks like a device used by inexperienced hikers for hikes above their level, while a lot of experienced hikers don't even carry one.
Tue 12 Feb, 2013 2:45 pm
wildwalks wrote:PLB's are different from other safety systems. In this case they usually remove the need for a search from a "search and rescue". A search is very expensive a rescue is relatively cheap. so having the odd PLB set off by someone who does not need it is usually a very small cost compared to the many searches prevented.
Tue 12 Feb, 2013 4:07 pm
wildwalks wrote:
PLB's are different from other safety systems. In this case they usually remove the need for a search from a "search and rescue". A search is very expensive a rescue is relatively cheap. so having the odd PLB set off by someone who does not need it is usually a very small cost compared to the many searches prevented. There is also the huge medical cost reduction saved by the state by getting the person to care quickly. PLB's are not just for inexperienced walkers - even fit experienced walkers can have a heart attacks or get a stick in the eye. Every minute sooner they get to hospital the less treatment and long term expensive rehab required - making the helicopter flight a very cheap option.
I am not going to assume that this media coverage is accurate they are often misleading in this kind of situation. Regardless it should be made very clear to the public how and when PLB's are to be used. But we have to be careful about punishing people to ensure that we do not discourage people setting of a PLB when required. It is similar to calling 000 - it is a hard balance ensure people feel they can use the service but avoid the service been clogged up by people who do not need it. I have heard it suggested that PLB's could do with extra messaging capability - eg relay a 30 second voice message outlining what the issue is - giving the ability for the SAR to prioritise simultaneous calls.
I would encourage every walker to carry a PLB in their group. Hopefully you will never need to use it - but if you do you will be very thankful you have it.
Matt
Tue 12 Feb, 2013 5:22 pm
Tue 12 Feb, 2013 6:20 pm
wildwalks wrote:There is some debate that added safety features are soon traded off - eg give a taxi driver better tires and breaks so they can stop quicker and they then start to drive faster - discounting (trading) the value of the extra safety for speed - therefore the rate of accidents stay the same. This is an area where there has been a lot of general research but none I can find in the the area of PLB. Generally speaking there is usually some trade off occurring but there is usually a net gain in safety outcomes.
PLB's are different from other safety systems. In this case they usually remove the need for a search from a "search and rescue". A search is very expensive a rescue is relatively cheap. so having the odd PLB set off by someone who does not need it is usually a very small cost compared to the many searches prevented. There is also the huge medical cost reduction saved by the state by getting the person to care quickly. PLB's are not just for inexperienced walkers - even fit experienced walkers can have a heart attacks or get a stick in the eye. Every minute sooner they get to hospital the less treatment and long term expensive rehab required - making the helicopter flight a very cheap option.
I am not going to assume that this media coverage is accurate they are often misleading in this kind of situation. Regardless it should be made very clear to the public how and when PLB's are to be used. But we have to be careful about punishing people to ensure that we do not discourage people setting of a PLB when required. It is similar to calling 000 - it is a hard balance ensure people feel they can use the service but avoid the service been clogged up by people who do not need it. I have heard it suggested that PLB's could do with extra messaging capability - eg relay a 30 second voice message outlining what the issue is - giving the ability for the SAR to prioritise simultaneous calls.
I would encourage every walker to carry a PLB in their group. Hopefully you will never need to use it - but if you do you will be very thankful you have it.
Matt
Tue 12 Feb, 2013 8:02 pm
maddog wrote:forest wrote:Yeh it's heaps funny. Not.
What a stupid thing to say.
The gist of the story is that a silly old coot misused a PLB to hitch a ride, when he found the walk too arduous. Given the sheer gall of the man, I am amused. He was not injured but:
The 67-year-old...told the crew he had significantly underestimated the amount of time to get out of the area and was struggling with the challenging terrain.
So he may have just found he had bitten off more than he could chew, but many people do stupid things and then require assistance. Should they all be condemned, subjected to routine humiliation, and be made to pay for their stupidity in not choosing to stay in a nice safe place?
What a glum and sterile world you wish for - the world of the kill-joy, the accountant, and the debt collector.
And despite the tabloid sensationally of PLB misuse reports, and the banal chorus of righteous indignation, we strangely ignore the fact that the cost of rescue services is largely a fixed one.
Cheers
Tue 12 Feb, 2013 8:11 pm
Wed 13 Feb, 2013 7:44 am
Sat 16 Feb, 2013 2:03 pm
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