Trevethan
New member
At the top is the MCGA response to my email (further down) re when to report incidents -- I asked for explicit on the record guidance, and the MCA appears to have given it.
Feel free to copy and keep or post elsewhere (but delete the e-mail addresses please)
"Dear Mr. Trevathan
We note your concern about requirements to report to HM Coastguard contained in the new 2004 Regulations.
A report need only be made when the accident or incident affects or could affect the safety of the ship or if marine pollution is involved. In such circumstances we would hope that the persons in charge of a boat would make a report whatever the requirements of the Regulations.
The MCA took a common sense approach in applying the reporting requirements that existed in previous regulations and will also do so in relation to the Regulations that have just come into force. It is not the Agency's intention to pursue yachtsmen for failing to report if, for example, they capsize their dinghies during a race, come into contact for other reasons without serious consequences or are considered by the community at large to be only routine occurrences.
Steps are now in hand to review and amend the regulations in question in consultation with recreational boat users and others, but this will take several months and we do not envisage that the regulations will come into force before May 2005.
Let me assure you that the MCA is not in the business of receiving or demanding reports with threat of prosecution for what could be described as very minor or routine incidents.
Yours sincerely
P. Wilkins
>>> "Nick Trevethan" <nicholas.trevethan@reuters.com> 11/09/04 12:36pm >>>
The following message was sent from the MCA Internet site on 09/11/2004
12:36:47
NAME:
Nick Trevethan
ADDRESS:
POSTCODE:
COUNTRY:
TELEPHONE:
07900 xxx xxx
EMAIL:
nicholas.trevethan@reuters.com
MESSAGE:
Hi,
I am a little concerned about the new regulations for reporting accidents
and incidents.
The definitions seem broad, and the punishments severe.
How do I go about making a report?
From the regs as explained it seems to me I would have to report an
engine failure even for my tender (it stalls regularly especially at slow
speed!) , fending off someone blown onto me while mooring, even dropping a
hammer on my foot when putting up some tongue and groove cladding.
Do you offer any on the record advice about when to report and when not to
report? I don't want to be left open to prosecution if an official gets a
bee in his or her bonnet and starts following the law to the letter.
Obviously the government's total failure to consult with the RYA gives me a
pretty large loophole, but I would like to hear from you, before I start
sending in incident reports for every splinter, stubbed toe and occasion I
have to get the oars out on the dinghy.
Best regards,
Nick Trevethan"
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Feel free to copy and keep or post elsewhere (but delete the e-mail addresses please)
"Dear Mr. Trevathan
We note your concern about requirements to report to HM Coastguard contained in the new 2004 Regulations.
A report need only be made when the accident or incident affects or could affect the safety of the ship or if marine pollution is involved. In such circumstances we would hope that the persons in charge of a boat would make a report whatever the requirements of the Regulations.
The MCA took a common sense approach in applying the reporting requirements that existed in previous regulations and will also do so in relation to the Regulations that have just come into force. It is not the Agency's intention to pursue yachtsmen for failing to report if, for example, they capsize their dinghies during a race, come into contact for other reasons without serious consequences or are considered by the community at large to be only routine occurrences.
Steps are now in hand to review and amend the regulations in question in consultation with recreational boat users and others, but this will take several months and we do not envisage that the regulations will come into force before May 2005.
Let me assure you that the MCA is not in the business of receiving or demanding reports with threat of prosecution for what could be described as very minor or routine incidents.
Yours sincerely
P. Wilkins
>>> "Nick Trevethan" <nicholas.trevethan@reuters.com> 11/09/04 12:36pm >>>
The following message was sent from the MCA Internet site on 09/11/2004
12:36:47
NAME:
Nick Trevethan
ADDRESS:
POSTCODE:
COUNTRY:
TELEPHONE:
07900 xxx xxx
EMAIL:
nicholas.trevethan@reuters.com
MESSAGE:
Hi,
I am a little concerned about the new regulations for reporting accidents
and incidents.
The definitions seem broad, and the punishments severe.
How do I go about making a report?
From the regs as explained it seems to me I would have to report an
engine failure even for my tender (it stalls regularly especially at slow
speed!) , fending off someone blown onto me while mooring, even dropping a
hammer on my foot when putting up some tongue and groove cladding.
Do you offer any on the record advice about when to report and when not to
report? I don't want to be left open to prosecution if an official gets a
bee in his or her bonnet and starts following the law to the letter.
Obviously the government's total failure to consult with the RYA gives me a
pretty large loophole, but I would like to hear from you, before I start
sending in incident reports for every splinter, stubbed toe and occasion I
have to get the oars out on the dinghy.
Best regards,
Nick Trevethan"
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