WARNING FOR UK POWERED WATERCRAFT USERS AS NEW LEGISLATION COMES INTO FORCE
New legislation, which came into force on 31 March 2023 puts the responsibility on users, operators and owners of powered watercraft to make sure they protect not just themselves but other water users from harm. If someone on a powered watercraft causes serious injury or death they can be prosecuted. There are also provisions allowing prosecution for other dangerous uses of a powered watercraft.
Under the new law, the parts of the
Merchant Shipping Act designed to keep all those on the water safe from accidents now apply to powered watercraft as well as to fishing vessels and larger ships. The new law also mean powered watercraft must obey the ‘rules of the sea’, which are designed to prevent collisions.
Maritime Minister Baroness Vere said: “ While it’s great to see more and more people enjoying our country’s coasts and waters, safety will always be our top priority. “Our new law will help to ensure anyone using watercraft like jet skis dangerously can be more easily prosecuted, helping to prevent avoidable accidents and tragedies.”
Serious breaches of the legislation could see users facing a fine or imprisonment. Details of the new legislation can be found at
https://bit.ly/3ZpFc6Q.
Posting on LinkedIn, Jenny Vines, an independent maritime consultant adds some useful context. She said, “This is a very positive move to finally close a known UK loophole that was publicly exposed after an accident in 2004 where a later court ruling went on to establish that a watercraft (in this case a jet ski) is neither a ship nor capable of navigation and so was deemed to fall outside of the Merchant Shipping Act and its framework of MS Regulations.
The new Watercraft Order and supporting MGN 684 give new powers covering the use of powered watercraft including application under COLREGs. It also establishes penalties meaning that watercraft will be seen in law alongside fishing vessels and ships.
The 2006 ruling arose following a collision between two jet skis (one moving, one stationary) in Weymouth Bay in 2004 in which one of the riders suffered a serious injury and was unconscious for 2 days. The other rider was charged under section 58 of the Merchant Shipping Act 1995 and initially sentenced to a 6 month jail term. The original judge decided that the jet ski was a ‘ship’ as far as the Act was concerned and the Act was applicable.
On appeal, this conviction was quashed and it was deemed that since a jet ski was not capable of making a passage nor standing up to heavy weather it was not a ‘ship’ and therefore the Act did not apply. This decision was upheld i.e. no offence was committed under this Act.”
A report by Dr Roger Tyers was published in 2021 which provides good background - go to
https://lnkd.in/e6EGspDg.
The Report • June 2023 • Issue 104 | 27
Safety Briefings
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