Peppermint
New member
Released 18/01/05
Press release:
The Government has conceded to the RYA's legal challenge to the Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004 and has admitted that to attempt to preserve the regulations is not a viable option. It has also conceded that the consultation that was required did not take place.
In response to the RYA's actions the MCA has issued The Merchant Shipping (Amendments to Reporting Requirements) Regulations 2005. The MCA is now consulting on this legislation which, if passed, will amend the 2004 Regulations to remove the requirement for all recreational craft to report any "incidents" or "accidents" or face a fine of up to £5000.
In its consultation document, the Government has acknowledged the concerns raised by the RYA and in particular that this was a case of 'gold plating' of EC Directives.
The new regulations are expected to come into force this May. The reporting requirements on owners of smaller craft will then revert to the legal position prior to the 2004 regulations, which excluded craft under 15 metres from any reporting requirements.
Rod Carr, RYA CEO commented "we are very pleased that the Government has listened to the concerns of recreational boater and as a result is amending the 2004 regulations to incorporate a more practical and realistic approach to the area of reporting. The success of this action demonstrates clearly the RYA's essential role in protecting recreational boating and shows what the combined strength of 100,000 members can achieve".
The RYA's legal challenge however, has not 'gone away' but has been placed on hold until the amending regulations have been brought into force. It can be restored at any time including, if amending regulations are not made, or are unduly delayed or if a prosecution is brought under the 2004 regulations. The RYA took legal action in November 2004 in order to obtain a Judicial Review of the 2004 regulations, which came into force in September 2004. The RYA maintained that:
a. the Government had failed in its 'duty to consult' on the draft legislation;
b. the legislation that was passed into law 'gold plated' the EU Directive;
c. the reporting regulations imposed on smaller recreational craft were unnecessarily onerous and contributed little if nothing to safety at sea.
Press release:
The Government has conceded to the RYA's legal challenge to the Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004 and has admitted that to attempt to preserve the regulations is not a viable option. It has also conceded that the consultation that was required did not take place.
In response to the RYA's actions the MCA has issued The Merchant Shipping (Amendments to Reporting Requirements) Regulations 2005. The MCA is now consulting on this legislation which, if passed, will amend the 2004 Regulations to remove the requirement for all recreational craft to report any "incidents" or "accidents" or face a fine of up to £5000.
In its consultation document, the Government has acknowledged the concerns raised by the RYA and in particular that this was a case of 'gold plating' of EC Directives.
The new regulations are expected to come into force this May. The reporting requirements on owners of smaller craft will then revert to the legal position prior to the 2004 regulations, which excluded craft under 15 metres from any reporting requirements.
Rod Carr, RYA CEO commented "we are very pleased that the Government has listened to the concerns of recreational boater and as a result is amending the 2004 regulations to incorporate a more practical and realistic approach to the area of reporting. The success of this action demonstrates clearly the RYA's essential role in protecting recreational boating and shows what the combined strength of 100,000 members can achieve".
The RYA's legal challenge however, has not 'gone away' but has been placed on hold until the amending regulations have been brought into force. It can be restored at any time including, if amending regulations are not made, or are unduly delayed or if a prosecution is brought under the 2004 regulations. The RYA took legal action in November 2004 in order to obtain a Judicial Review of the 2004 regulations, which came into force in September 2004. The RYA maintained that:
a. the Government had failed in its 'duty to consult' on the draft legislation;
b. the legislation that was passed into law 'gold plated' the EU Directive;
c. the reporting regulations imposed on smaller recreational craft were unnecessarily onerous and contributed little if nothing to safety at sea.
