Passage Planning - Is there a lawyer in the house?

[Chris_Stannard]

I have just read the SOLAS requirements for passage planning and it uses a term that is open to interpretation.

It says "Voyage planning is required of all vessels WHICH GO TO SEA".

Since later it says that the plan shall be berth to berth when am I going to sea?

Now I would not regard a quick trip from my berth in Cowes, to have a pint in the Jolly Sailor in Hamble, as going to sea. I would regard crossing the Channel as going to sea. I am not sure that I would regard going to Poole as going to sea but would look up the tides etc to make sure it was reasonable to do so.

So if there is a lawyer in the house please can you advise when do I go to sea?

Chris Stannard

 

[ari]

Also, what if you don't have a plan!?

I often go out and where i go or what I do often depends on what the sea is like, whether it starts to get cold or rains maybe, how people on board are reacting (ie if a bit rough and people looking nervous then a little trip to the nearest harbour, if people looking happy then press on a bit further perhaps) or just how I feel or how much fun we're having.

Can one file a passage plan as "Just out for a jolly, see how far I get" and who does one file one's passage plan with anyway and what do they do with them? And what if you've filed your plan and change your mind?

 

[Bergman]

Does it say what form this plan has to take?

Or what you do with it having made it?

Must it be written down?

Can it be changed?

If so how do you change it?

Can it be as simple as:
Leave home.
Go to Calamity Bay.
Come home.

If so would seem to serve no useful purpose.

Confused!

 

[Chris_Stannard]

I can understand your confusion since the regulations leave much open to interpretation. A few points which may help:

1. Passage planning is required if you are making a voyage. The Oxford English dictionary defines a voyage as "a journey, especially to a distant place or country, by water". This would indicate to me that a qucik trip round the bay does not qualify but I could be wrong.

2. You do not have to file your plan with anyone, but the regulations do say that a properly prepared plan is mandatory, and that the plan is liable to be checked during port State control inspections. This means that you could arrive for example in Cherbourg and some official could come down and demand to see your plan. I do not know what happens if you do not have one, or you cannot produce it.

3. A plan consists of four stages, appraisal, planning, execution and monitoring and requires that you use paper charts as well as electronic ones, so you can't just stick it in your GPS plotter. It also requires that you use all available means of position fixing, not just GPS. However there is a get out in that although the regulations are stated to apply to all vessels, the degree of planning required for pleasure craft depends on the size of the vessel, its crew and the length of the voyage. Taken to extremes I guess this could mean that I can row a dinghy across the channel without a passage plan, but I would need one if I take a forty footer with ten people on board from Portsmouth to Cowes. It is really not very clear.

Thar's why I asked if there was a lawyer who has looked at these issues and can give us a steer.

I hope this helps a bit. It does seem to me that these regulations, which are intended to promote safety, are a bit of a catch-all that the authorities can beat you over the head with if they feel like it.

Chris Stannard

 

[Oceanranger]

I have been told categorically by the RYA that the Solent is not classed as "sea" by the MCA, or whichever authority decides these things, and is therefore not subject passage planning requirements. They consider the Solent as stretching from the forts at Portsmouth to the Needles.

 

[Rowana]

I would suspect that a lawyer couldn't give you an answer either! Until some case has been tried in court, it's open to interpretation IMHO.

My own view is that should you be leaving your home port for a jolly round the bay, go to the next harbour, have a pint in the local, then back home for tea, and you have explained this to your crew, decided what to do should it blow up a bit, Etc., Etc., then this constitutes a plan. On the other hand, if you're off on a couple of weeks cruise in waters that you perhaps only visit once a year, then something more formal may be required.

At the end of the day, if it all goes pear-shaped, no mater what type of voyage you are on, and you end up in front of the man with the curly wig, as long as you can DEMONSTRATE & JUSTIFY your "Plan" to his satisfaction, then you should be O.K.

Personally, I think I'll use a one-page pro-forma for each & every voyage, keep them in a folder along with the log book, then if it's me in dock, I will at least be able to show the beak that I do have a plan each time I go out.

 

[Sinbad1]

Now, how long before the DTi apply these rules to vehicle journeys. You will need a passage plan and there will be check-points to make sure you haven't deviated or stopped at an unauthorised lil' chef.

So much for the freedom of the seas.

 

[ari]

Big Brother is watching...

 

[tcm]

ah, not so strange.

My oldeest was at least nine years old before he asked, from the back of the car with some amazement "So - are you allowed to just drive about, anywhere, for no reason at all??"

I wonder when that will happen??

 

[WS175]

Its quite simple you only need to think about a passage plan if going outside categorised waters i.e. The solent and even then is does not have to be written you just have to do what you do now tide, weather etc.

 

[ParaHandy]

The original question you posed - when is one at sea - is relatively easily answered. It is when not in Category A, B, C or D waters which are all tidal rivers or estuaries. Therefore, the Solent is "at sea" and MCA have no discretion, as far as I can see, in interpreting the Solent as anything else - particularly given the amount of shipping that uses the Solent.

Where you *will* get beaten over the head is when an incident occurs. But I am not certain that Solas V changes anything in that regard? It was always prudent to have some record on board.

 

[ChrisJ]

I sail on the East Coast (out of Harwich harbour).
Anyone knows where the "sea" starts?

Can I sail around to the Walton Backwaters (outside Harwich Harbour, but never in depths of more than 5 metres)?
Can I sail down the Wallett to Brightlingsea (outsde the harbour, but still within the confines of "the Thames Estuary"?

If you read Arthur Ransome, the "We didn't mean to go to sea" says the sea starts at the Beach End Buoy.

 

[ari]

So just so I have this straight...

There is a new piece of legislation that we are all obliged to comply with. But absolutely no one on here (including myself) actually knows:

WHAT a passage plan actually comprises of.
WHEN we are or are not obliged to file one.
WHERE we are supposed to file it.

Other than those points we're all in perfect understanding of our obligations regarding this vital piece of maritime safety.

Cool.

:-S

Ari.

 

[BrendanS]

I spoke to a very helpful legal bod at the RYA today, on behalf of the RYA affiliated club that I belong to. We wanted clarification on our position when the club organise an event for club boats....what level of passage planning is required, what needs to be written down etc.

His answer was illuminating. Nothing actually has to be written down, and the level of planning should be commensurate with the voyage undertaken. Legal stuff aside, he gave me a practical example.

On the recent Round the Island race, with 1600 boats, probably 1200 were experienced, knew their way around, and the associated dangers, and probably took at look at the tides and weather forecast before they set out. This is perfectly acceptable planning for an experienced skipper and crew. The other 400 boats probably got some charts out and did more detailed planning. If they didn't, then they probably didn't have an acceptable passage plan.

So, basic common sense seems to be the order of the day.

He also mentioned that they are in discussion with the RYA's recommended insurer for associated clubs to determine what the insurance company consider an acceptable passage plan in case an accident or incident does occur

Hope this helps

Brendan

 

[ParaHandy]

Ah well.........the WHAT is a plan which allows your course to be subsequently determined. Got that, clear is it? The WHEN and WHERE are not required - to file one, that is.

This is complete and utter bolx. HMCG or others have neither the resources nor inclination to wander around marinas and inspect yachts' logs. At least not for yachts <13.7mtrs. It sounds so like a specious Blair initiative which appears good but achieves nothing.

But...having said that, what if our insurance cpy were to take note of a failure to comply in determining liability. If this is going to happen I will turn my boat into plastic cups.

 

[RYA_Cruising]

With regard to whether or not you will need to passage plan for a trip up the folly from your berth, if you read the guidance below you will find that you will not be leaving the Solent or categorized waters and therefore it is not really necessary, other than the usual checking of tides, boat, weather and crew.

However, a trip round to Poole, which will be leaving categorized waters, will and does require more preparation and therefore more detailed passage planning is required.

What is SOLAS?
The Safety of Life at Sea (SOLAS) Convention is the key piece of international legislation that looks after safety of life onboard any ship or craft that goes to sea. It was first formed and ratified in 1914 as a result of the Titanic disaster, where 1500 people lost their lives needlessly. Obviously times and technology have changed since 1914, so, the International Maritime Organisation (the UN body that looks after the Sea) reviews the chapters periodically to take into account new practices and technology. The recent review of Chapter V dealing with Safety of Navigation is one of these updates.

Why does SOLAS apply to small craft now?
As a result of the review by the International Maritime Organisation, the new revised SOLAS chapter V now applies to “all ships on all voyages” except warships, other government owned or contracted ships and ships navigating solely on the Great Lakes of North America. This means that for the first time, SOLAS Chapter V applies to small boats of less than 150 gross tonnage (grt), which includes pleasure craft.

Was the RYA consulted in the review?
The RYA is recognised by all Government offices as being the negotiating body for the water activities it represents, and as a result was consulted by the MCA about the new regulations.

The original proposal from the MCA was that pleasure craft be included in many more of the regulations than at present. This could have included logged visual steering checks, compulsory carriage of a vast library of charts and nautical publications, compulsory log keeping, logged checks on auto-helm or self steering systems, compulsory carriage of navigation equipment and much more.

The RYA responded robustly to the proposed new regulations by putting forward a case for exemption for small craft for each of the proposed new regulations on the basis that they did not improve safety. As a result, the MCA was able to exempt pleasure craft from the majority of the regulations, but not all of them.

What would have happened if the RYA had not stepped in?
If the RYA had not been consulted and had not have been successful in ensuring the exemptions for pleasure craft from some the regulations in Chapter V of SOLAS then it would be a lot harder for you to go boating.

Imagine if you had to carry out logged visual steering checks, compulsory log keeping, logged checks on auto-helm or self steering systems and you had to find room, and money, on your boat for a vast library of compulsory charts and nautical publications and carriage of approved navigation equipment.



What does this mean for me in my pleasure boat?
The number of regulations that pleasure boats have to adhere to has increased, however as a result of RYA’s successful lobbying of the MCA, the number of regulations are a lot fewer than they could have been.

Pleasure boats have always been affected by some regulations, for example all vessels must follow the International Rules for the Prevention of Collisions at Sea (COLREGS).

The new regulations affecting you are:

Regulation 19.2.1.7 – Radar Reflectors
All ships shall have, if less then 150grt and if practicable, a radar reflector.

RYA Note: The Department of Transport and the Local Regions has given a definition of “if practicable” as, “if it is possible to use a radar reflector on your boat then you must use one”.

Regulation 29 – Life saving signals
An illustrated table describing the life-saving signals shall be readily available.

RYA Note: The MCA will be producing a leaflet of these signals, expected at end of July, to satisfy this regulation. The RYA, boating press, publishers and UKHO will be distributing the leaflet as widely as possible when it is available.

Regulation 31 & 32 – Danger Messages
Skippers and Masters have a duty to communicate information on navigational dangers. These include dangerous derelicts or other dangerous obstructions, tropical storms and winds of force 10 or more for which no warning has already been received. The information can be sent via plain language or using the International Code of Signals. Governments are also required to promulgate any danger information received and messages must be free of charge to ships.

RYA Note: In practice this means that mariners have a duty to report as best they can any serious hazards that may be a danger to navigation – preferably to the local coastguard.

Regulation 33 – Distress Messages
Masters and Skippers have an obligation to respond to distress messages from any source. Ships can be requisitioned by the master of a ship in distress or the Search and Rescue authorities.

RYA Note: This regulation basically enforces the mariner’s duty to respond to any distress message, as taught in the RYA’s SRC (including the old VHF-Restricted) Course.

Regulation 34 – Safe Navigation and avoidance of dangerous situations (including passage planning)
“Going to sea” is defined as proceeding outside of categorized waters i.e. outside of estuarial waters, harbour or port authority areas.

MCA guidance notes say for “small craft and pleasure vessels, the degree of voyage planning will be dependent on the size of the 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”

RYA Note: Full clarification of this regulation is expected in the guidance notes that the MCA will issue by the end of July. However, anyone who has completed an RYA practical training course will be competent in passage planning. The MCA has said that they only expect passage planning in proportion to the trip undertaken and do not require any kind of formal written passage plan to be submitted. This regulation is not to be confused with the MCA’s Voluntary Safety Identification Scheme (CG 66), which allows boat owners to register their vessel and, prior to a passage, give details of their boat, destination and ETA to the Coastguard in case of an emergency.

The RYA has been assured by the MCA that this regulation does not herald a regime of spot checks or pre-departure checks. It’s most obvious application would be in the event of a serious incident or accident involving a pleasure yacht, where the skipper can be proved not to have carried out any assessment or passage planning. The MCA has always had the power to charge leisure boat skippers with negligence for lack of passage planning and has done so in the past.

Regulation 35 – Distress Signals
Distress signals are only to be used for their proper use.

RYA Note: Fines already exist of the miss use of the distress flares.

Is that it?
There has been lots of discussion and heated debate about what the regulations are and the RYA’s part in them. The RYA believes in “education not legislation” and we certainly do not welcome bureaucracy and regulation. Although in this case we were not able to completely avoid the regulation, we were able to keep it to a minimum with robust and thorough case that more regulation does not improve safety. We will continue to work with the MCA to ensure that all the guidance on this issue is unambiguous and realistic so that everyone can meet these new requirements and still enjoy their sport.

If you would like more information about the new SOLAS Chapter V regulations then visit the Frequently Asked Questions (FAQs) on the RYA website at www.rya.org.uk or contact the Cruising Division on tel: 0845 345 0370 or email: cruising@rya.org.uk.


Sophie Strefford

Cruising Division
RYA

Tel: 0845 345 0370
email: cruising@rya.org.uk
Website: http://www.rya.org.uk/cruising.asp

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[robp]

But at the end of the day, like verbal contracts, the onus will be on you to PROVE you made a plan. As jmirvine, I knocked up a single page pro-forma today and will fill that out as appropriate. Quite good discipline really. Let's face it we all make a plan wherever we go. We decide whether we are going to catch the tide or plug it, we decide not to drive into the Nab Tower, we generally choose not to start in a force 8. Writing it down needn't take an age. It might be extremely ambiguous right now but I'd rather a French official didn't have any more reason to delay my progress, other than Log, Insurance, VAT Papers, Registration etc.

 

[BrendanS]

From a club trip perspective, the pro forma is what we'll use, as that's what we currently use.

From the perspective of an individual who's pottering about in their local and well know waters, and going where the fancy takes them given the conditions on the day, the fact that no formal written plan is required is quite a relief.

You mention French officials - given a cross channel crossing, I'd certainly have some written pro forma. The common sense advice given is that the level of planning should be appropriate to the voyage undertaken, and I personally would do a lot more planning for a cross channel, than I would for a day out close to my home port of Lymington

 

[Chris_Stannard]

Re: Passage Planning

Not quite true, what a passage plan consists of is clearly defined in Reg 34 at

www.mcga.gov.uk/publications/SITE/safetyofnavigation/regulations/regulation34

It is actually worth reading, not that it contains anything new but as a reminder.

The problem I had was firstly I was not clear when I "Went to Sea". I think I now am.

The other half of the problem, which I still have, is that passage planning for pleasure boats is dependent on the size of the boat, the crew and the length of the passage. This will hopefully be cleared up by the MCA guidance which I hope will be widely promulgated. At the moment, taking things to absurd extremes, that I can row a dinghy across the channel, with something on the back of an envolope, since the boat is very ssmall and it is only me, but if I take a forty footer to Poole with ten people I better have a very full plan. I know this is nonense, but that is the way lawyers tend to work.

Good sailing

Chris Stannard

 

[Chris_Stannard]

Thank you for the reply, and I look forward to the MCA guidance. I attended a presentation by one of your colleagues a couple of months back, and had this information been given at that time I would not have had a problem.

I believe that the number of posts is a measure of the uncertainty, and that putting information on your website is not enough to reach everyone. I would think that, as a member of the RYA you should have a note of my e-mail address, I have certainly emailed the RYA in the past, and that information of this nature could be sent out very easily to a large number of people by that means. I still needs considerable publicity to get to those who do not have email and those who are not members of the RYA.

Chris Stannard