More Regulation (very boaty)

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TheBoatman

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I won't bore you with all the details because the act is 22 pages long, but as from the 20th of this month any vessel in collision, grounds, breaks down, suffers electrical failure, engine failure, steering failure, navigational failure, spills oil/diesel/petrol and doesn't report it to MCA with be fined or imprisoned or both.

It never ceases to amaze me that this government seems hell bent on making criminals out of the entire population.

For those of you that want to find out more should look at Statutory Instrument
2204 No 2110.

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How on earth (or water, for that matter) does one imprison a vassel?
Agree ith your thread however - it's hunting all over again . . .
Our fault for persuing any pastime other than association football I suppose.

<hr width=100% size=1>Khyber
 
I tried to get on board a couple of weeks ago at low water, thinking there would be just about enough water to float the tender up to the boat which was well dry with water enough just to cover the mud.

I throttled up the outboard and made a run, just before the prop hit the mud cut and lifted the engine with the hope of sliding in close enough to pull ourselves in the tender along by grabbing the boat.

No such luck, we were 15ft short, it was much shallower than I presumed. We were dry. I got us there, but broke an oar shaft in the process. we were aground for about 10 minutes and unable to proceed.

Should I have reported this.



<hr width=100% size=1><A target="_blank" HREF=http://www.topcatsail.co.uk>Woof</A>
 
Do you have a reference or link? The only SI 2204 I can find is something to do with Town & Country Planning

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Three times now in the last few trips to the boat my 2 stroke outboard has failed and we have broken down forcing me to scull or complete a running fix. The plug keeps oiling up. This requires removing the plug and cleaning it with wet and dry seems to work best. I think the petrol might be dead or too much oil mixed in.

Should I report this?

<hr width=100% size=1><A target="_blank" HREF=http://www.topcatsail.co.uk>Woof</A>
 
The fuse blew on my inverter when I overloaded it earlier in the year. This caused electrical failure of the vessels 240v supply. Albeit 150 Watts worth of 240v.

Should I report this?

<hr width=100% size=1><A target="_blank" HREF=http://www.topcatsail.co.uk>Woof</A>
 
Joe
Sorry I don''t have a link only a hard copy taken from an email.
The full title is

2004 No 2110

Merchant Shipping

The Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004.

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Are the reporting forms available in pads.

Although I reckon I might need a box.

This could be fun.

<hr width=100% size=1><A target="_blank" HREF=http://www.topcatsail.co.uk>Woof</A>
 
Khyber
Sorry my bad use of the English language, it's the "master" that is responsible he's the one that gets nicked.

Peter

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reference is <A target="_blank" HREF=http://www.legislation.hmso.gov.uk/cgi-bin/htm_hl.pl?DB=hmso-new&STEMMER=en&WORDS=20th+septemb+2004+&COLOUR=Red&STYLE=s&URL=http://www.hmso.gov.uk/si/si2004/20042110.htm#muscat_highlighter_first_match>here</A> but is for vessels >300gwt and pleasure craft >45metres

does include "shifting cargo" so if anybody gets to berth 63 on pontoon P in Cherbourg next week, would they have a trawl for bottle of plonk which inadvertently fell overboard, please?

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damn, they must have considered my antics when writing the statute.

<hr width=100% size=1><A target="_blank" HREF=http://www.topcatsail.co.uk>Woof</A>
 
The details are actually quite important. Not any vessel, it seems aimed at merchant vessels, and appears to have little relevance to the sorts of boats most users of these forums use

The details are here <A target="_blank" HREF=http://www.hmso.gov.uk/si/si2004/20042110.htm>http://www.hmso.gov.uk/si/si2004/20042110.htm</A>

<hr width=100% size=1>Me transmitte sursum, caledoni
 
I contacted the RYA Legal Dept a couple of days ago and they are worried as hell because it does catch "all" vessels but they have a verbal promise from MCA that the law should be repealed a.s.a.p. If necessary I can post some comments with notations for you to run through but as always with Government legislation you will find yourself bouncing all over the act from one clause/page to the next.

BUT the bottom line is ALL Vessels are included.

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Notes!

Firstly Directive 2002/59 states under Article 2
1. This directive applies to ships of 300 gross tonnage and upwards unless stated otherwise
2. This directive shall not apply to:
(a) ...........
(b) fishing vessels, traditional ships and recreational craft with a length of less than 45 metres...

In other words the Directive never intended such vessels as in (b) to be caught. The words "unless otherwise stated" are conspicuously omitted from (b)
If we then look at the UK regulations the drafting of Reg 4(2) fails to make the distinction which was made between (a) and (b) of Article 2 but makes them both subject to "unless otherwise " wording. Even more worrying is the fact that Regulation 4 (5) specifically makes recreational craft under 45 metres subject to the reporting requirements of Regulation 12 (which reflects Article 17 of the Directive). That suggests to me that this is not something which has happened solely by mistake. It is not just a question of Friday afternoon drafting. Someone thought it was a good idea that all craft should be subject to the reporting obligations although they are exempted from the remainder of the Regulations provisions. The fact that our Regulation goes beyond the scope of the Directive does not invalidate it. Each member state is allowed to exceed the requirement as long as they reflect the Directives minimum requirements.
You will have noted that Regulation 17 (3) imposes on the master of a vessel on summary conviction of a breach of Reg.12 a fine up to the statutory maximum and on an indictment a fine or up to 2 years imprisonment.

I have spent 2 days bouncing around this regulation and (I) have come to the conclusion that it applies, you may have other idea's!

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here's two clues:
a) the SI isn't mentioned by the MCA ... maybe, because it isn't in force but more likely, in my opinion, because the approx half of their workforce not engaged in "front-line" (yuk) coastguard duties couldn't run a piss-up in a brewery and
b) the SI itself. eg:
(2) Subject to paragraph (5), these Regulations do not apply to -
(a) ships of less than 300 gross tonnage, unless otherwise stated;
(b) warships, naval auxiliaries and other ships owned or operated by the Government of an EEA State which are used for non-commercial public service;
(c) fishing vessels;
(d) traditional ships;
(e) recreational craft having a length of less than 45 metres.


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Uhmm, my reading too, but not a lawyer, so willing to concede to legal types at RYA that this is actually a problem?

<hr width=100% size=1>Me transmitte sursum, caledoni
 
hmmm ... another opportunity for the "voice of yachting" dept in the rya to claim a victory for yotties? bit like solas V but more likely a matter of practicality in that the MCA can not police it ...

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Para
It is my reading of the regs, that first they exclude vessels under 45 mtrs but then re-instate them under 4 (5). Making them responsible for reporting but excluding them from the rest of the act.

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as Ships Woofter, sorry, Woofy, has admirably pointed out with some practical examples. Here's another thought, lets all get a bumper pack of forms, and report every incident, in detail.

Instant system overload, or am I being cynical in thinking that they'll only have one person to administer this scheme?

<hr width=100% size=1>Me transmitte sursum, caledoni
 
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