1. This guidance has been prepared by the AALA and AALS in conjunction with Powys County Council. It is intended to set out good practice in hiring of river craft and draws on lessons from some incidents involving hired craft.
2. It is claimed that there are some 250,000 river users on the Wye every year, many of whom use the services of local canoe and kayak hire companies. This protocol is the outcome of a meeting held at Glasbury in April 2007 of canoe and kayak hire companies operating on the river Wye. Grateful thanks are due to them for their honesty and commitment. It is by nature therefore, a local protocol, but it may nevertheless be of relevance to users of other rivers and lakes, or the sea.
3. A canoe/kayak hire company has a clear legal obligation to ensure that all equipment hired is in serviceable order and fit for purpose. However, beyond that it is not clear in either statute or case law what other actions, if any, the hire company must take. Below is a list of topics the hire company should consider and, where applicable, should explain to the client. These would be considered best practice and may or may not be mandatory in law.
4. Hire company - A company or operator who hires out paddle-craft, whether on a lake or a river.
5. Client - An individual or individuals who hire the craft.
6. Paddle-craft - Canoes, kayaks, sit-on-tops, katakanus, and similar craft.
7. Buoyancy aids and/or life jackets - The majority of those who have drowned whilst being involved in watersports were found not to be wearing ANY personal buoyancy. This therefore will be one of the primary safety measures clients may have to rely on. These need to fit properly, be done up correctly, and be worn at all times when afloat. Because of the need to perform a self-rescue or an assisted rescue bulky buoyancy aids should be avoided (BS EN 393 (1994) states that 50 Newton buoyancy aids will generally be the norm for inland waters “where more bulky or buoyant devices would impair the user’s activity or actually endanger them”.)
8. Swimming ability - So long as the client is wearing a properly fitted buoyancy aid there is no need to insist on an ability to swim. Nor need there be a minimum or maximum age, although hirers would be advised to stress greater caution at the extreme ends of the age range.
9. Action in the event of capsize - Under nearly all circumstances best practice is to stay with the craft rather than abandon it. End grabs and painters at each end, and their use following a capsize, should be clearly explained. Self-rescue, assisted rescue, towing the craft to shore or (where appropriate) waiting to be rescued, are all options. Leaving the craft will generally be the last option considered and should only be considered if an entrapment or entanglement looks imminent.
10. Rapids or obstacles - The ‘golden rule’ is don’t paddle down a rapid until you have seen all the way to the bottom and that there are no unexpected obstructions. If it is not possible to see this from the paddle-craft then stop, get out, and at least one person should go and have a look. Clients should be prepared to get out and carry or pull the boat across any shallows or around rapids too difficult or challenging to paddle. If it is necessary to get out in swift shallow water clients should make sure they get out on the upstream side of the canoe so that it doesn’t push them over or pin them against rocks.
11. Basic manoeuvring - Basic skills should be refreshed, either verbally or on the water. Forward and backwards are largely intuitive. Steering (from the back) and manoeuvring in moving water are not. The theory should be explained and if possible the practice observed.
12. Maps - Having a large map of the river/lake will help the hire company to go through site specific hazards, boundary limits, access and egress points, progress points along the journey, etc. with the client. Reference to individual prominent features as seen from the river will help clients to identify their position, distance to the take-out, location of specific hazards etc. For regular trips the provision of the same map in laminated form for the client could be considered.
13. Awareness of current conditions - Hire companies should know their area and be aware of changes in conditions and changes to hazards caused by variation in water levels and rates of flow. They should have ‘operating parameters’ (e.g. river levels, wind speeds and/or directions) outside which they will not hire.
14. Over-hanging or fallen trees - These tend to be the major hazard for inexperienced paddlers on easy moving water, even though many may look innocuous. The occurrence of water flowing through submerged or partially submerged trees (known as a strainer) and its associated dangers should be stressed.
15. Competence of the clients - It is currently not clear in law whether the hire company has any obligations to ensure the competence of the clients. However, it would be good practice to check, albeit verbally, and offer alternatives as appropriate. Some hire companies may also be in a position to observe the clients for a few minutes before they set off unaccompanied. It would be unreasonable to expect hire companies to insist on each client holding a particular qualification, or having to undergo an equivalent assessment. The main aim is to spot the completely incompetent or those whose practical abilities seem inconsistent with their verbal claims of experience. Such clients could perhaps be discouraged, or at least their limitations highlighted. It would be appropriate to have a prepared strategy for when the hire company has concerns, e.g. offering further practice, a guided tour or money back, etc.
16. Numbers - A higher level of competence should be required of individuals who wish to hire and use just one paddle-craft. The BCU do not encourage solo paddling because of the added risks associated with it. Conversely communication within very large groups may be impossible, and hire-companies should consider a maximum group size.
17. Spare equipment - The importance of carrying spare clothes, a windproof or waterproof jacket, etc should be stressed. Depending on the nature of the trip, its length, the forecasted and prevailing weather, etc. hire companies should identify the equipment to be carried. Cheap plastic sandals, suntan cream and sun hats, etc. could be sold to ill-equipped clients, whilst fleece sweaters, waterproof jackets, etc. could be hired or loaned. In many cases it will be necessary to provide clients with the means of keeping equipment dry and secure.
18. Guided tours and descents - It may be helpful to many clients who lack competence and/or confidence for the hire company to offer guided tours. It would be quite reasonable to say that these are only available on certain days, at certain times or if booked in advance.
19. Safety Cover - The hire company should ensure that clients are aware of whether safety cover will be provided, or whether they will be “on their own”. We believe that either scenario is acceptable, but good practice is to ensure that the clients are aware of this and its implications.
20. Late returns - The hire company should have an action plan in the event of a client failing to return or reach a rendezvous point. This should not rely totally on mobile phones, but ultimately should include a search of the lake/river etc. Clients should be told what to do. Depending on the given circumstances this could include abandoning the river and reaching a road point.
21. Mobile phone coverage - It will be useful for the hire company to be aware of where along the route a mobile signal can and can not be received for major networks. This may be particularly relevant for late-returning clients.
22. Licensable or not - There appears to be no clear boundary between licensable and non-licensable activities with regard to paddle-craft hire. If no supervision is involved it is clearly not licensable. If close supervision is provided, such as a dedicated rescue boat on the water actively monitoring participants, then it is likely to be licensable. In between situations can be uncertain. Hire companies can contact the Adventure Activities Licensing Service for advice on this issue.
23. Disclaimers - Hire companies are encouraged not to require clients to sign a disclaimer of the sort “… company accepts no liability for damage, injury or loss. Clients participate at their own risk“. These generally have no legal validity and tend merely to make prospective clients suspicious.
24. Acknowledgement of Risk - Hire companies are encouraged to acquaint clients with the significant risks of what they are undertaking, e.g. it can be cold, require significant physical effort, etc. A capsize cannot be excluded. On moving water there is a risk of entrapment, and impact injury. In extreme, but very rare cases drowning can result. It should be pointed out that some medical issues, e.g. heart conditions, asthma, etc. may be aggravated by falling into cold water.
25. There may be benefit in requiring the clients to sign to acknowledge that the hazards have been explained to them. This could form part of whatever hire agreement the hire company already uses. However it should not be “hidden in the small print”. Courts are unlikely to accept the validity of hidden statements.
26. If the hire company does not have a hire agreement they should consider it. Outlining the hazards on booking forms etc alone is also not likely to be accepted by the courts. Documenting the process should underline verbal explanations and demonstrations, not replace them.
