Crossing or using the Black Deep - New 'rules'

[tillergirl]

Just picked up an email from the PLA returning ashore. This applies from now.

STANDING PERMISSION FOR PLEASURE VESSELS UNDER 40 METRES
The Harbour Master hereby gives standing permission under GD17.5 as follows:

Pleasure vessels of less than 40 metres in length may use the Black Deep only for the purposes of crossing the Channel, provided always that they cross, so far as practicable, on a heading as nearly as practicable at right angles to the general direction of traffic flow.

Any vessel making use of this standing permission is reminded of her obligations to comply with the COLREGs including Rule 9, in particular sections (b) and (d) of that rule (below for reference only).

While the Black Deep may seem like a wide channel, the majority of vessels utilising the Black Deep to proceed to/from the Port of London will be deep-draughted vessels and are almost certainly considered to be Constrained by Draught, whether or not the vessel is showing the signals prescribed in Rule 28 of the COLREGs. Therefore, the Black Deep for these vessels is a ‘Narrow Channel’.

Vessels of less than 40 metres are not obligated to communicate with London VTS but are strongly recommended to maintain a listening watch on the appropriate VHF channel for London VTS (VHF69 in the Thames Estuary) and make contact with London VTS should any non-emergency navigational assistance be required.

Rule 9 Narrow channels (b) A vessel of less than 20 metres in length or a sailing vessel shall not impede the passage of a vessel which can safely navigate only within a narrow channel or fairway. (d) A vessel shall not cross a narrow channel or fairway if such crossing impedes the passage of a vessel which can safely navigate only within such channel or fairway. The latter vessel may use the sound signal prescribed in Rule 34(d) if in doubt as to the intention of the crossing vessel.” For further information, see MSN 1781 (M+F)

 

[Malish]

Hurrah! common sense prevails, thanks TG.

 

[snowbird30ds]

Nice one Roger, loud and clear.
Good job done.

 

[LittleSister]

. . .
Pleasure vessels of less than 40 metres in length may use the Black Deep only for the purposes of crossing the Channel, provided always that they cross, so far as practicable, on a heading as nearly as practicable at right angles to the general direction of traffic flow.
. . .

There is plenty of room outside the buoyed channel for the likes of us. I wonder whether PLA consider that one is 'in' the Black Deep if one is outside the marked channel (e.g proceeding along the length of the edge of Sunk or Long Sand).

 

[PeterBoater]

The exemption does not address passage along Black Deep in either direction; clarification is still needed.

 

[LittleSister]

The exemption does not address passage along Black Deep in either direction; clarification is still needed.

On the contrary, it seems to me it does address it, and prohibits it. Hence my musing in Post #4.

 

[Cantata]

The exemption does not address passage along Black Deep in either direction; clarification is still needed.

By implication we may NOT travel along the Black Deep in either direction. And that surely applies to the buoyed channel. If you are outside the buoyed channel that is surely ok?!

 

[johnalison]

By implication we may NOT travel along the Black Deep in either direction. And that surely applies to the buoyed channel. If you are outside the buoyed channel that is surely ok?!

That must be the case, as with similar rules on the Elbe. If it were not possible, the only option for a crossing yacht would be to go into hovercraft mode and go over the sands.

 

[justanothersailboat]

This sounds like good news, thanks tillergirl for your pursuit of this.

 

[PeterBoater]

On the contrary, it seems to me it does address it, and prohibits it. Hence my musing in Post #4.

Albeit with the exemption for crossing vessels, General Direction 17.5 still stands: "(17.5) Vessels with an Operating Draught of less than 6.0 metres must not use the Black Deep Channel, except with the permission of London VTS". It's not prohibited but permission is required; however, as I wrote, I think clarification is still needed on this, for example, whether they mean the buoyed channel or the whole thing. Only the HM can give standing permission as he has done for crossing vessels; I don't believe that individual VTS officers can do this. In the admittedly slim chance of an incident/accident, the PLA, MCA, insurers and lawyers would have a field day on this without written clarification.

 

[tillergirl]

I have received a supplementary email to be told that they are actually looking at the wording of the General Direction "to clarify this further". Some will remember that the PLA is conducting an annual review of all of the General Directions. It may not be very quick.

 

[Marmalade]

I always wonder (not just in this instance) about the meaning of "impeding". Requiring a give way vessel to make a minor course correction at several miles distance, for example... is that impeding? I like to think it's not and that "impeding" means forcing a vessel to take emergency action or other inconvenient action rather than simply complying with normal navigation rules...??

 

[PeterWright]

By implication we may NOT travel along the Black Deep in either direction. And that surely applies to the buoyed channel. If you are outside the buoyed channel that is surely ok?!

Hi Dick,

I'm not so sure. To me it implies that the exemption from calling London VTS applies only to vessels under 20 m. crossing in the manner specified. It still seems to me that we may travel along Black Deep subject to obtaining permission from London VTS. While I agree that travelling outside the buoyed channel in the general direction of Black Deep is not, strictly, travelling along Black Deep, it would be interesting to hear London VTS view on this, as Little Sister asks in post #4.

Peter.

 

[LittleSister]

. .

STANDING PERMISSION FOR PLEASURE VESSELS UNDER 40 METRES
The Harbour Master hereby gives standing permission under GD17.5 as follows:

Pleasure vessels of less than 40 metres in length may use the Black Deep only for the purposes of crossing the Channel, provided always that they cross, so far as practicable, on a heading as nearly as practicable at right angles to the general direction of traffic flow.

. . .

Vessels of less than 40 metres are not obligated to communicate with London VTS but are strongly recommended to maintain a listening watch on the appropriate VHF channel for London VTS (VHF69 in the Thames Estuary) and make contact with London VTS should any non-emergency navigational assistance be required.

[Emphasis added to text]


As written, the passage along Black Deep by vessels under 40m is forbidden, and this is stated separately from the relaxation of the requirement to contact London VTS for vessels under that length.

Now, it may be that the PLA didn't intend quite what the words say, and meant instead that only crossing sub-40m vessels are excused from needing to contact London VTS, but one can't just assume that, and any court or penalty proceedings will be based on the words as published, not some other intention if there was one. A complication arises, though, from the heading of the note as 'Standing Permission', and its apparent purpose to lift the previous obligation on vessels under 40m to contact London VTS. I can't see that such a note would have the authority to preclude vessels under 40m from Black Deep except when crossing it. (The PLA has such power, I imagine, but that would need to be done through some more formal regulation, and I am not aware that has happened.)

It would be useful if the PLA's requirements and intentions were clarified (while welcoming the reduced reporting requirement more generally) in the following respects.
1) Are vessels under 40m forbidden to travel along Black Deep, or just not relieved of the obligation to contact London VTS when doing so?
2) Is a vessel under 40m navigating outside the buoyed channel of Black Deep subject to the same controls (including any prohibition) and reporting requirements as one within it?

 

[tillergirl]

At the time we experienced the VTS telling us we didn't need to ask for permission, there was a consultation period taking place for the draft 2025 General Directions (the new draft changes didn't affect us). So I though it would be useful for them to consider GD 17.5 given VTS operators obviously didn't think it necessary. When I raised the new information with the Harbour Master's Office, we received a very prompt response with the standing permission for crossing. I was also told that the GD's were being considered. So there will be further information in due course.

 

[LittleSister]

I always wonder (not just in this instance) about the meaning of "impeding". Requiring a give way vessel to make a minor course correction at several miles distance, for example... is that impeding? I like to think it's not and that "impeding" means forcing a vessel to take emergency action or other inconvenient action rather than simply complying with normal navigation rules...??

I broadly agree in other situations, but what the PLA are emphasising is that because of the size and draught of the ships using Black Deep, and its relative narrowness for them, they may not be able to make such 'minor corrections' without putting themselves (or another ship) into danger, and should be treated as 'vessels constrained by draft' (even if not showing the relevant lights/shapes for that condition) - i.e. in the Black Deep we here should always give way to ships, and treat them as the stand-on vessel, not merely 'not impede' them.

 

[Biggles Wader]

Hi Dick,

I'm not so sure. To me it implies that the exemption from calling London VTS applies only to vessels under 20 m. crossing in the manner specified. It still seems to me that we may travel along Black Deep subject to obtaining permission from London VTS. While I agree that travelling outside the buoyed channel in the general direction of Black Deep is not, strictly, travelling along Black Deep, it would be interesting to hear London VTS view on this, as Little Sister asks in post #4.

Peter.

It must be the case that the PLA means the shipping channel when it uses the term "Black Deep" rather than the general area that small boats might refer to. The fact that they require small vessels to cross as near as practical at right angles shows this because at certain states of the tide there will be no navigable water at right angles opposite to normal entry points to the shipping channel. It must mean that you can navigate along the Black deep area but outside the shipping channel until you are in a position to cross ---- at right angles. Anything else is nonsense.

 

[PaulRainbow]

It must be the case that the PLA means the shipping channel when it uses the term "Black Deep" rather than the general area that small boats might refer to. The fact that they require small vessels to cross as near as practical at right angles shows this because at certain states of the tide there will be no navigable water at right angles opposite to normal entry points to the shipping channel. It must mean that you can navigate along the Black deep area but outside the shipping channel until you are in a position to cross ---- at right angles. Anything else is nonsense.

I don't think that's correct (although we are all guessing here, to a degree).

It says "provided always that they cross, so far as practicable, on a heading as nearly as practicable at right angles to the general direction of traffic flow. "

I don't think that means cross a bit, then sail along the channel until the water opposite is deep enough. I think it means sail from point A, one side of the channel, to point B, the other side of the channel, as close to 90 degrees as possible.

 

[LittleSister]

I don't think that means cross a bit, then sail along the channel until the water opposite is deep enough.

I don't think that is what Biggles Wader was suggesting at all.

I think he meant that because you are required to cross the 'channel' at 90 degrees (as near as practicable), that implies that your necessarily non-90 degree approach towards and away from the 'channel' implies that there is space to do so not subject to that requirement - i.e. outside the buoyed shipping channel, not outside the whole of what one might call Black Deep including the relatively shallow (but plenty for us) areas outside the buoyed channel..

 

[PaulRainbow]

I don't think that is what Biggles Wader was suggesting at all.

I think he meant that because you are required to cross the 'channel' at 90 degrees (as near as practicable), that implies that your necessarily non-90 degree approach towards and away from the 'channel' implies that there is space to do so not subject to that requirement - i.e. outside the buoyed shipping channel, not outside the whole of what one might call Black Deep including the relatively shallow (but plenty for us) areas outside the buoyed channel..

That's exactly what i said, "cross a bit, then sail along the channel until the water opposite is deep enough."

But, it depends on what the PLA are defining as "the channel". The notice says "Pleasure vessels of less than 40 metres in length may use the Black Deep only for the purposes of crossing the Channel"

Clear as mud.