About flying my own ensign with an SSR yacht

[haydude]

I am not British and I am resident in the UK, my yacht is SSR registered because some times I sail abroad. I always fly the red ensign and sometimes I fly my own flag on the flag halyard.

Often I do day sail remaining in UK coastal waters, and in several years nobody has checked me or my yacht at all.

I was wondering if I could fly my country's ensign instead of the red ensign from time to time when I do day sail within UK waters, and despite my yacht being SSR, although with the red ensign as a courtesy flag.

I know that it isn't correct, but I would do it if the sanction would not be more than a tell off, after all I see so many yachts who do not even respect the colregs, and nobody seem to care at all.

Would I risk incurring in any sanction? What is the worst it could happen if I did?

 

[Rigger Mortice]

I am not British and I am resident in the UK, my yacht is SSR registered because some times I sail abroad. I always fly the red ensign and sometimes I fly my own flag on the flag halyard.

Often I do day sail remaining in UK coastal waters, and in several years nobody has checked me or my yacht at all.

I was wondering if I could fly my country's ensign instead of the red ensign from time to time when I do day sail within UK waters, and despite my yacht being SSR, although with the red ensign as a courtesy flag.

I know that it isn't correct, but I would do it if the sanction would not be more than a tell off, after all I see so many yachts who do not even respect the colregs, and nobody seem to care at all.

Would I risk incurring in any sanction? What is the worst it could happen if I did?

I would be extremely surprised if it caused you any problem at all in this country.
I don't know what the sanction would be in the unlikely event of you being taken to task for it.

 

[TamarMike]

In summary at best misleading and at worst liable to prosecution in the event authorities take an interest

In some mitigation at least make sure that as well as SSR you carry Bill of Sale and proof that VAT has been paid.

Although as far as I am aware not written anywhere, the usual practice seems to be for the vessel to wear its correct ensign and the skippers national flag to be worn like a courtesy flag but on port side (so long as a courtesy flag is not also worn).

 

[Nostrodamus]

In the last week I have seen a small fishing boat going out with a huge union jack on a flag staff from his bows. Apparently this is illegal and only naval boats can do this but he does not seem to have a problem.
I have also seen numerous boats from abroad comming in flying the union jack instead of the read duster.

 

[mihtjel]

Under UNCLOS, you risk losing your SSR registration - though this would likely only be relevant on the high seas:

Article92

Status of ships
2. A ship which sails under the flags of two or more States, using them according to convenience, may not claim any of the nationalities in question with respect to any other State, and may be assimilated to a ship without nationality.

Not sure this has ever happened in a situation like this though Local legislation is much more likely to apply - and enforcement seems to be rare.

 

[BrianH]

I have also seen numerous boats from abroad comming in flying the union jack instead of the read duster.

Presumably as courtesy flags - it's a common, even understandable, mistake of foreign nationals, especially as some countries demand the country flag rather than the maritime ensign, to be used as a courtesy flag.

I witnessed a large mobo entering my Italian marina last week with a Union flag worn as the ensign - and they're not the first by far I have seen in the Med.

 

[sailorman]

The Ensign flown should be the "Maritime Flag" of the Country of registration.
if a Foreign national is on board their maritime flag is flown from the port spreader

 

[wotayottie]

Depends a bit on what nationality you are. If you are non EU - say a Yank - then flying that flag might invite inspection / checking from a passing border control boat. Even then I can't imagine anyone in the UK would take that rule infraction with anything more than a mild lecture. In some of the more chauvinistic countries ( France say) you might find it a bit more of a problem.

If you are an EU citizen, then you are much less likely to be stopped and checked.

Try it and see. I really can't imagine it being treated as a serious issue / offense.


P.S. The general attitude to such issues amongst the UK authorities is " if it doesnt risk hurting someone else, doesnt involve nicking something including tax money, then why should I make myself late home from work doing the paperwork to prosecute. " Can't be guaranteed but you can usually rely on people's laziness in my experience.

 

[snowleopard]

The people most likely to take an interest are the UKBA who will regard a false flag as suspicious. You may not be prosecuted for the wrong flag but they could put you to a lot of inconvenience in satisfying themselves that you are not smuggling people or goods.

 

[Bloater]

You do not say what nationality you are but if you are not EU or Commonwealth then your boat should not be SSR registered anyway

 

[westernman]

You do not say what nationality you are but if you are not EU or Commonwealth then your boat should not be SSR registered anyway

He is resident in the UK so has every right to have his boat registered on the SSR regardless of his nationality.

 

[Bloater]

He is resident in the UK so has every right to have his boat registered on the SSR regardless of his nationality.

Actually I did check first before posting that. This is from the Direct.gov website...


Registering craft on Part III Small Ships Register (SSR)
Part III is a simple and cheap form of registration that proves a boat’s nationality. If your pleasure craft is under 24 metres you can register with Part III of the UK Ship Register. Registration costs £25.

Eligibility to register
In order to be eligible, all owners must be resident in the UK for 185 days of the year and be one of the following:


British Citizen
non-UK citizens exercising their EU right of freedom of movement or worker’s right for establishment
British Dependent Territories Citizen
British Overseas Citizen
British subject under the British Nationality Act 1981
British National (overseas) under Hong Kong (British Nationality) Order 1986
Commonwealth Citizen not falling within this list

 

[vyv_cox]

The previous owner of my last boat was Dutch, living in NW England. He always flew the Dutch flag, despite having SSR. This was the case for 10 years and I am unaware of any incidents. Having said that, this was more than 20 years ago and as far as I know he never cruised out of UK waters.

 

[haydude]

I have also seen numerous boats from abroad comming in flying the union jack instead of the read duster.

That seems to be a common problem, it is impossible to find my country's maritime ensign anywhere (not just the UK), everyone sells the national flag as a courtesy flag.

 

[haydude]

He is resident in the UK so has every right to have his boat registered on the SSR regardless of his nationality.

I am a EU citizen. I am afraid that is not just a right, it is a legal requirement. I cannot register my boat in my own country because I am not resident there.

 

[Tranona]

There is no requirement to wear an ensign in UK waters - only outside and in other states.

Wearing an ensign of another state in UK waters is likely to draw the attention of UKBA who would be entitled to board and inspect the yacht - which of course in this case would not have the papers to support the claim of Flag State signalled by wearing the ensign. However, probably the chances of that happening are small - and I don't know what the penalty might be, but suspect there could be one.

Safest to do what sailorman says and fly your country's flag on the port spreader. This is commonplace in other countries when for example you have chartered a yacht that is registered elsewhere.

 

[Barry Jones]

There is a difference between what is right and proper and what you might get away with.

If the vessel is registered in the UK, you should fly the red ensign when entering and leaving port.

If you want to fly your national flag, have a burgee made in the same colours and fly that in the shrouds.

I am not British and I am resident in the UK, my yacht is SSR registered because some times I sail abroad. I always fly the red ensign and sometimes I fly my own flag on the flag halyard.

Often I do day sail remaining in UK coastal waters, and in several years nobody has checked me or my yacht at all.

I was wondering if I could fly my country's ensign instead of the red ensign from time to time when I do day sail within UK waters, and despite my yacht being SSR, although with the red ensign as a courtesy flag.

I know that it isn't correct, but I would do it if the sanction would not be more than a tell off, after all I see so many yachts who do not even respect the colregs, and nobody seem to care at all.

Would I risk incurring in any sanction? What is the worst it could happen if I did?

 

[haydude]

Well, I forgot about the new UKBA and their eagerness to board vessels. Since as a foreigner I would attract more scrutiny and unpleasantness for the most minimal issue (UK authorities can get very unpleasant with foreigners), I will continue to fly the red ensign and I will buy a bigger ensign to fly to my port flag halyard.

 

[mcframe]

Well, I forgot about the new UKBA and their eagerness to board vessels. Since as a foreigner I would attract more scrutiny and unpleasantness for the most minimal issue (UK authorities can get very unpleasant with foreigners), I will continue to fly the red ensign and I will buy a bigger ensign to fly to my port flag halyard.

That's what I was going to suggest - it indicates that you both know the customs, *and* wish to fly your own flag.

I normally wear a 3/4 yard RE and a 1/2 yard Scots ensign house flag, but sometime uprate the latter to my 2-yard battle ensign when conditions require ;-)

.. and a spare 1 yard RE shown in http://www.ybw.com/forums/showthread.php?t=271333 more pics on http://www.ybw.com/forums/showthread.php?t=222419

 

[Sybarite]

I am a EU citizen. I am afraid that is not just a right, it is a legal requirement. I cannot register my boat in my own country because I am not resident there.

If you an EU citizen you may AFAIK register your boat in any EU country. Some simplified procedures are restricted to residents. eg SSR.

http://www.pavillon-belge.com/index_EN.html