Legal requirements to make passage plan

[oldbilbo]

Thanks, 'Lenseman' for that reminder.

This also.....

9.) Small vessels and pleasure craft

Regulation 34 applies to all vessels but the degree of voyage planning may sensibly be less for small vessels and pleasure craft. There is still a need for prior planning but the plan need not be written down. The following should particularly be taken into account when planning a trip:

weather: before you leave harbour, check the weather forecast and get regular updates if you are planning to be out for any length of time.
tides: check the tidal predictions for your trip and ensure that they fit with what you are planning to do.
limitations of the vessel: consider whether your vessel and crew are suited to the proposed trip and that you have sufficient safety equipment and stores with you.
navigational dangers: make sure that you are familiar with any navigational dangers you may encounter during your trip. This generally means checking an up to date chart and a current pilot book or almanac.
contingency plan: always have a contingency plan should anything go wrong. Before you sail, consider "bolt-holes" and places where you can take refuge should conditions deteriorate or if you suffer an accident or injury. Bear in mind that your GPS set is vulnerable and could fail at any time. It is sensible and good practice to make sure that you are not over-reliant on your GPS and that you can navigate yourself to safety without it should it fail you.
information ashore: make sure that someone ashore knows your plans and knows what to do should they become concerned for your well being. The Coastguard Voluntary Safety Identification Scheme (commonly known as CG66) is also free and easy to join.

Although Regulation 34 only applies when proceeding to sea, small craft users should adhere to the voyage planning principles when also sailing in categorised waters.

One of the more insidious practices, in my experience, is 'habitual complacency'.

 

[zzyyxx]

I would like to correct an error on this thread regarding MGN 166.

This is an obsolete publication and it is not even listed on the MCA web site, having been superseded in July 2002, which is more than ten years ago.

It was replaced by SOLAS Chapter V to which I have added the link below:

https://mcanet.mcga.gov.uk/public/c4/solasv/index.html

.
the relevant sections are Annex 24 and Annex 25 below:

https://mcanet.mcga.gov.uk/public/c4/solasv/Annexes/Annex24.htm

https://mcanet.mcga.gov.uk/public/c4/solasv/Annexes/Annex25.htm


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You are quite right, I've been searching everywhere for that.

The law hasn't changed though, Annex 25, MGN 166 and Resolution A.893(21) are the same thing.

 

[lenseman]

Thanks, 'Lenseman' for that reminder.

This also.....

One of the more insidious practices, in my experience, is 'habitual complacency'.

I would like to add to and point out a very relevant part of SOLAS Section 34 which will answer the OP's original question, and I quote :

1. Reg. 34 applies to all ships which proceed to sea. [This, in law, includes all pleasure yachts and motorboats]

2. The Regulation requires the voyage to be planned in accordance with the IMO Guidelines for Voyage Planning - Resolution A.893(21) (issued as SN/Circ.92) The Regulation authorises the Master to take voyage planning decisions for safety or environmental reasons.

3. It is important to note that Regulation 34 makes a properly prepared voyage plan mandatory and the plan is liable to be checked during port State control inspections. [This could be French and Portuguese Maritime police and they are perfectly within their rights to enforce this regulation.]

4. Small vessels and pleasure craft - Regulation 34 applies to all vessels. For small vessels and pleasure-craft the degree of voyage planning will be depend upon the size of vessel, its crew and the length of the voyage. The MCA expects all mariners to make a careful assessment of any proposed voyage taking into account all dangers to navigation, weather forecasts, tidal predictions and other relevant factors including the competence of the crew.

Notwithstanding the above. Clause 4 does not give you any excuse, in law, to not comply with Clause 3. You have been warned.

.

 

[Tanqueray]

As a slight aside, does anybody here know whether you would find a passage plan adhering to this;

3. It is important to note that Regulation 34 makes a properly prepared voyage plan mandatory and the plan is liable to be checked during port State control inspections. [This could be French and Portuguese Maritime police and they are perfectly within their rights to enforce this regulation.]

onboard every lifeboat answering every 'shout'? Does every Coxwain stop to make a passage plan before responding?

 

[lenseman]

. . . onboard every lifeboat answering every 'shout'? Does every Coxwain stop to make a passage plan before responding?

Just a question, after the Answering Pennant you hoist on the starboard yard, which is the following flag hoist you use which means pedantic?

I can assure you that someone writes a log detailing the number of crew onboard the lifeboat and destination of the victim vessel even if it relayed ashore via radio after launch to be written up by an 'office wolla'.

 

[Tanqueray]

Just a question, after the Answering Pennant you hoist on the starboard yard, which is the following flag hoist you use which means pedantic?

I can assure you that someone writes a log detailing the number of crew onboard the lifeboat and destination of the victim vessel even if it relayed ashore via radio after launch to be written up by an 'office wolla'.

Yes it is being pedantic in a way, but it also has a more serious point behind it, something along the lines of;

Shouldn't the master of the vessel, taking into account crew, conditions, length of journey etc. make a decision as to whether or not a formal passage plan is required and be prepared to reasonably justify that decision.

I have no doubt that a log is kept, but that is a record of events not a plan to predict them - Shirley .

 

[mocruising]

I don't like passage plans.

Its an opinion but are you all not getting a bit carried away. Passage planning is for commercial vessels and crewed (Coded) yachts with fare paying punters on board, or navigation schools. Next you will be saying we should not be enjoying a bottle of wine with our lunch. Log books, passage plans they are not necessary for pleasure yachts surely.

 

[Tranona]

Its an opinion but are you all not getting a bit carried away. Passage planning is for commercial vessels and crewed (Coded) yachts with fare paying punters on board, or navigation schools. Next you will be saying we should not be enjoying a bottle of wine with our lunch. Log books, passage plans they are not necessary for pleasure yachts surely.

Suggest you read more thoroughly. In the UK it is a formal legal requirement as the RYA guidance note on the subject says.

The issue is really whether there is any evidence that the requirement is being enforced - or even capable of enforcement. You can be sure that in the Liquid Vortex case just completed it would have been a reference point in trying to establish whether there was an effective plan in place - as that was the basis of most of the charges. Although the boat was operated commercially, exactly the same law applies to pleasure boats and could be used against them. However, the case also shows how difficult it is to get a conviction under that law, and when you see the circumstances that gave rise to the case, you realise that if they (the MCA) could not get a conviction, the chances of using it against a pleasure boat are very remote.

 

[Nostrodamus]

I am sure those fishing boat skippers are up at night burning the candle whilst they write out their passage plans for the following day!

 

[akyaka]

You are quite right, I've been searching everywhere for that.

see reply 3

Its an opinion but are you all not getting a bit carried away. Passage planning is for commercial vessels and crewed (Coded) yachts with fare paying punters on board, or navigation schools. Next you will be saying we should not be enjoying a bottle of wine with our lunch. Log books, passage plans they are not necessary for pleasure yachts surely.

No it applies to all and is law.

 

[wotayottie]

You are all missing the key issue here IMO. Most people will have some sort of passage plan in mind and will check weather and tides , maybe even in writing, but how many will have up to date charts? Particularly an issue with those who use just a plotter.

Got to admit, I don't have a single chart on board more recent than 5years old and I don't see the practical need to do so. How old are your charts?

 

[Uricanejack]

My passage plan usually involves sticking my head out the hatch licking my finger to check the wind and selecting an appropriate downwind establishment i can arrive at by tea time for a nice bite to eat and a pint. Where possible I select alternate pubs.

 

[westernman]

My passage plan usually involves sticking my head out the hatch licking my finger to check the wind and selecting an appropriate downwind establishment i can arrive at by tea time for a nice bite to eat and a pint. Where possible I select alternate pubs.

+1

 

[TSB240]

My passage plan usually involves sticking my head out the hatch licking my finger to check the wind and selecting an appropriate downwind establishment i can arrive at by tea time for a nice bite to eat and a pint. Where possible I select alternate pubs.

Brilliant that sounds familiar for the way the NW mob work

But you are being complacent
Ooo thats so dangerous you have not met the requirement to check on tides
Or are you sailing in one of Lakeys Ponds.?
You have not checked that a hurricane is forecast by the BEEB in 6 hrs time.
Nor told a responsible adult on shore of your intended route and ETA and what to do if you dont report in at the agreed time.
Nor if your craft is still capable of making the trip it has done without incident many times.

Your contingency planning is excellent but would be much improved by checking that said pub(s) are still serving food and decent beer at your time of arrival. They might have closed down yer know!




The law is ass and realistically unenforceable around our coasts.

 

[lenseman]

My passage plan usually involves sticking my head out the hatch licking my finger to check the wind and selecting an appropriate downwind establishment i can arrive at by tea time for a nice bite to eat and a pint. Where possible I select alternate pubs.

Nice one, just the way I like to do things too!

Not forgetting the UKBA who want us all to post passage plan departure dates and destinations with name and addresses of all crew, IN WRITING (or email) 48 hours before departure!!!

Remember that!

It hasn't gone away, its just on the back burner.

 

[mikefleetwood]

onboard every lifeboat answering every 'shout'? Does every Coxwain stop to make a passage plan before responding?

Although I don't know for sure, I would expect all aspects of the "passage plan" would be covered by discussions between the coxwain, CG, etc. before launch. The only difference is the lifeboat is going to launch anyway, regardless of weather conditions.

As an interesting aside, it has been suggested elsewhere that a consequence of recent events might be legislation to prevent any vessel putting to sea in conditions of, say, f8 and above. Would there be an exception for a lifeboat responding to a shout? What about crew training?

 

[davidaprice]

9.) Small vessels and pleasure craft
[...]
information ashore: make sure that someone ashore knows your plans and knows what to do should they become concerned for your well being.

This is interesting: when SWMBO & I cruise the Finnish archipelago in the summer we follow all the other points (check weather forecast; no tides hereabouts; we know our limits; check chart for day's route; discuss possible alternative destinations) but no-one ashore knows where we're going every day and waits for us to check in; I'm not sure anyone would be interested in doing that every day for a month. Any on-line system would fail when the destination harbour had poor smartphone reception (not uncommon in the remoter islands).

Yes, if we silently sank it could be a couple of weeks before anyone noticed.

 

[Contest1]

My passage plan usually involves sticking my head out the hatch licking my finger to check the wind and selecting an appropriate downwind establishment i can arrive at by tea time for a nice bite to eat and a pint. Where possible I select alternate pubs.

Isn,t this, and the general supporting comments, a good example of why passage planning is becoming an issue.
It may be true of many but its a bit scant in the event of any requirement to provide evidence of due care.

 

[akyaka]

My passage plan usually involves sticking my head out the hatch licking my finger to check the wind and selecting an appropriate downwind establishment i can arrive at by tea time for a nice bite to eat and a pint. Where possible I select alternate pubs.

Whilst we do exactly the same for short trips in local waters I suspect the insurance companies would have difficulties accepting this as an adequate passage plan in the event of a claim.

 

[chanelyacht]

As a slight aside, does anybody here know whether you would find a passage plan adhering to this;

3. It is important to note that Regulation 34 makes a properly prepared voyage plan mandatory and the plan is liable to be checked during port State control inspections. [This could be French and Portuguese Maritime police and they are perfectly within their rights to enforce this regulation.]

onboard every lifeboat answering every 'shout'? Does every Coxwain stop to make a passage plan before responding?

Yes - although the plan may have been devised by the CG and then agreed by the Coxswain or Launch Authority.

LB plans very much include leeway, drift, etc in order to derive an EP for the casualty vessel, and to calculate time to scene, etc.

Of course, like all good plans, it is dynamic and may change on the way, but it is very much there.