Observations on letting off a red flare

[CLP]

Where is this stipulated?
News to me, and that's part of our holiday area.

I was informed by MCA

 

[Woodlouse]

You forget that flares are used by climbers and walkers as well as at sea. Firing one on land is just as much of a distress signal.

 

[RIB_imposter]

You forget that flares are used by climbers and walkers as well as at sea. Firing one on land is just as much of a distress signal.

But such use is not protected or enshrined in law... (I think you'll also find that whilst most responsible boaters carry flares - very few climbers/walkers do).

 

[RIB_imposter]

I was a RYA trained flare demonstrator in the 1990s attending annual updating sessions at the Pains Wessex factories in Surrey and later on Salisbury Plain and we were told this on more than one occasion

Unfortunately when someone credible says something that seems plausible it is assumed to be factually accurate and then all the people there tell everyone else and so the myth gets propagated - in reality there appears to be no such legislation (unless on board a vessel)... one of the downsides of the internet is that such misinformation actually spreads even further and faster.

 

[Cornishman]

The MCGA position

Unfortunately when someone credible says something that seems plausible it is assumed to be factually accurate and then all the people there tell everyone else and so the myth gets propagated - in reality there appears to be no such legislation (unless on board a vessel)... one of the downsides of the internet is that such misinformation actually spreads even further and faster.

Perhaps the current situation is best summed up by visiting http://www.mcga.gov.uk/c4mca/mcga07...-releases.htm?id=D01B5A94C1424B68&m=10&y=2008

 

[l'escargot]

Perhaps the current situation is best summed up by visiting http://www.mcga.gov.uk/c4mca/mcga07...-releases.htm?id=D01B5A94C1424B68&m=10&y=2008

If that is the case then it would also be illegal to set them off as a demonstration as well. Would the Merchant Shipping Act actually apply to someone not employed in merchant shipping stood in the middle of a field?

Edit:

It would seem that having a firework or distress flare at a sporting event became a specific offence under the Public Order Act of 1986 which would suggest that there wasn't already other legislation that could be used.

 

[Dipper]

I suspect that rib_imposter may have a valid point.

I don’t have access to the full legislation in relation to flares but a quick check of The Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996 shows that this legislation only applies to United Kingdom ships, seaplanes and hovercraft (Section 2). As far as this legislation is concerned, the use of a distress signal other than on a vessel is not specifically prohibited. I don’t know if this is the latest version of the Regulations so it may have changed. www.opsi.gov.uk/si/si1996/Uksi_19960075_en_1.htm

Sadly, because of my previous experiences as a civil servant with an enforcement role I wouldn’t necessarily believe what the MCGA or any other governmental body says in guidance either to its own staff or to the general public.

As mentioned, there is legislation elsewhere which covers the use of distress flares but it is quite possible that some uses of distress flares ashore and in the absence of an emergency may be not be illegal.

I do agree with Cornishman that these flares are dangerous and I won’t be letting any off again except in a genuine maritime emergency or on an official training course.

I wonder how Ellen MacCarthur and Michael Perham avoided prosecution at the end of their round the world trips.

 

[RIB_imposter]

Perhaps the current situation is best summed up by visiting http://www.mcga.gov.uk/c4mca/mcga07...-releases.htm?id=D01B5A94C1424B68&m=10&y=2008

Yes but as dipper says the act referred to in that press release only applies at sea (the legislation is available to read on the OPSI website if you are having trouble sleeping.

I wonder how Ellen MacCarthur and Michael Perham avoided prosecution at the end of their round the world trips.

Common Sense / Public interest... ...I see why you're wondering!

 

[Iain C]

Again, save the H&S lecture, but I witnessed TEPs being set off on bonfire night (with some common sense precautions, protection, stakes/string launching site etc) that expired in 1997!!!!!

Every one of them went off, the only observation was that the very old red parachute flares burned quite pink, and the handhelds burned very cleanly indeed. I have seen the very old "striker" style making an almighty mess, but these were very well behaved.

Interesting that only just TE pyros and even in-dates have been reported on here as being duds, yet these really old ones were all spot on.

 

[mlthomas]

There are a couple of posts that say letting a flair off is against the law, is it? To be against the law there would need to be an Act or statutory instrument stating that you can’t. I think this is an urban myth and it isn’t against the law.
Clearly not saying that we should be letting flares off all over the place, and if you do something stupid with one you might break other laws, but actually letting the flare off won’t be.
I think the post is really good, I have only seen the RNLI video which does not give the impression of heat or how bright they are. I think some gloves are heading their way to the flare box too.