GrahamM376
Well-Known Member
I seem to remember reading about a court judgment some time ago which stated a jet-ski is not a vessel. Why then do I see Jet-skis with SSR registration no's?
Are PWCs "Ships"?
It has been reported that at a preliminary hearing on 5 July 2005 before Salisbury Crown Court, a personal watercraft was held to be a "ship" for the purposes of the Merchant Shipping Act 1995. The accused, Mark Goodwin, was charged with an offence under s.58 of the Act namely, "conduct endangering ships, structures or individuals". He had been in charge of a PWC which had come into collision with another PWC in Weymouth Bay thereby causing injury. To establish the offence the Crown had to show Goodwin's PWC was a "ship" within s.313 of the Merchant Shipping Act 1995 which provides the following definition: "ship" includes every description of vessel used in navigation.
In an earlier civil case, Steedman v Scofield [1992] 2 Lloyds Rep 163, Sheen J sitting in the Queen's Bench Division, Admiralty Court had held that a Kawasaki Jet Ski was not within the meaning of a "vessel used in navigation", on the ground that it was neither a 'vessel', nor was it 'used in navigation'. In R v Goodwin Mr Recorder Davies QC held there were sufficient differences in the design of Goodwin's PWC to make it distinguishable from the Kawaski Jet Ski under consideration in Steedman v Scofield.
Where does that leave the law? The Maritime and Coastguard Agency has issued a Press Release (available from its website at www.mcga.gov.uk under Newsroom | Prosecutions) which includes the following claim by Sergeant A Hack of Dorset Police's marine section:
"Following this ruling it's important that all those using personal watercraft recognise that they have the same responsibilities as all other water users in respect of Collision Regulations and the Merchant Shipping Act 1995."
Everyone concerned would wish to encourage responsible use by PWC drivers, but a decision of the Crown Court, which distinguishes an earlier decision of the High Court does not leave the law certain. There are powers in the Railways and Transport Safety Act 2003 s.112 enabling the Secretary of State to provide for a "shipping provision" which could include for example COLREGS "to apply (with or without modification) in relation to specified things which are used, navigated or situated wholly or partly in or on water". If there is an appeal against Mr Recorder Davies' ruling in the Goodwin case, the law may become clearer. If not, the Secretary of State has the powers necessary to make the law certain.
Bruce Grant
Newcastle Law School
September 2005
I think that's the one in the 1992 case quoted above.
You are of course right .My apols. I didnt read the full text.
I remember reading another case where a jet-ski was not classed as a vessel because it was not capable of navigation and unfit to make a seagoing passage.
VyV,
sorry but I've filmed real Sidewinder firings which are serious undertakings - this is a thing not to be on the wrong end of, and that video is direct from Blue Peter via photoshop !
For a start the seeker head requires nitrogen coolant from a bottle & electrical power, the fins are nowhere near " 2 feet apart " and the blast from the rocket engine would have decimated the launch boat !
Nice try by some spotty teenager...![]()
VyV,
sorry but I've filmed real Sidewinder firings which are serious undertakings - this is a thing not to be on the wrong end of, and that video is direct from Blue Peter via photoshop !
For a start the seeker head requires nitrogen coolant from a bottle & electrical power, the fins are nowhere near " 2 feet apart " and the blast from the rocket engine would have decimated the launch boat !
VyV,
sorry but I've filmed real Sidewinder firings which are serious undertakings - this is a thing not to be on the wrong end of, and that video is direct from Blue Peter via photoshop !
For a start the seeker head requires nitrogen coolant from a bottle & electrical power, the fins are nowhere near " 2 feet apart " and the blast from the rocket engine would have decimated the launch boat !
Nice try by some spotty teenager...![]()
How big is the nitrogen bottle?
Does the electrical power require more than my 2*85AhH (+20W solar) house bank can provide?
Might a Rapier darkfire or skua be better?
What would Jack Aubrey do?
You forgot the fact that the engine doesn't fire till it's clear of the pylon, meaning the missile would be a foot or two under water - that's what gave it away as a fake to me.![]()