TheBoatman
New member
I have just recieved this and will copy and paste for all to see. I hope this answers most peoples questions.
Peter.
6 January 2005
Government concedes to RYA legal challenge on reporting regulations
The Government has conceded to the RYA’s legal challenge to the Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004 and has admitted that to attempt to preserve the regulations is not a viable option. It has also conceded that the consultation that was required did not take place.
In response to the RYA’s actions the MCA has issued The Merchant Shipping (Amendments to Reporting Requirements) Regulations 2005. The MCA is now consulting on this legislation which, if passed, will amend the 2004 Regulations to remove the requirement for all recreational craft to report any “incidents” or “accidents” or face a fine of up to £5000.
In its consultation document, the Government has acknowledged the concerns raised by the RYA and in particular that this was a case of ‘gold plating’ of EC Directives.
The new regulations are expected to come into force this May. The reporting requirements on owners of smaller craft will then revert to the legal position prior to the 2004 regulations which excluded craft under 15 metres from any reporting requirements.
Rod Carr, RYA CEO commented “we are very pleased that the Government has listened to the concerns of recreational boater and as a result is amending the 2004 regulations to incorporate a more practical and realistic approach to the area of reporting. The success of this action demonstrates clearly the RYA’s essential role in protecting recreational boating and shows what the combined strength of 100,000 members can achieve”.
The RYA’s legal challenge however, has not ‘gone away’ but has been placed on hold until the amending regulations have been brought into force. It can be restored at any time including, if amending regulations are not made, or are unduly delayed or if a prosecution is brought under the 2004 regulations.
The RYA took legal action in November 2004 in order to obtain a Judicial Review of the 2004 regulations which came into force in September 2004. The RYA maintained that:
a. the Government had failed in its ‘duty to consult’ on the draft legislation
b. the legislation that was passed into law ‘gold plated’ the EU Directive
c. the reporting regulations imposed on smaller recreational craft were unnecessarily onerous and contributed little if nothing to safety at sea.
Ends
For further information please contact Bethan Ancell, RYA Media Relations Officer on 02380 604 215 or 07880 744 425 or email bethan.ancell@rya.org.uk
Notes to Editors
· The RYA is the national body for all forms of recreational and competitive boating. It represents dinghy and yacht racing, motor and sail cruising, RIBs and sportsboats, powerboat racing, windsurfing, inland cruising and personal watercraft. Sailing is the most successful Olympic sport in this country and Great Britain is the world’s top Olympic sailing nation.
· The RYA is recognised by all government offices as being the negotiating body for the activities it represents. It continually fights for the rights and freedoms of its 100,000 personal members, the majority of whom choose to go afloat for purely recreational non-competitive pleasure on coastal and inland waters. There are an estimated further 500,000 boat owners nationally who are members of RYA affiliated clubs and class associations.
· The RYA also sets and maintains a recognised standard for recreational boat training through a network of 2,127 RYA Recognised Training Centres in 20 countries. On average 144,000 people per year complete RYA training courses.
· The RYA is committed to promoting all forms of boating and making them accessible to everyone. For more information please refer to our web site www.rya.org.uk
· You can find the RYA at RYA House, Ensign Way, Hamble, Southampton, SO31 4YA please visit our website and look under RYA Information for directions.
· Details of the Merchant Shipping (Amendments to Reporting Requirements) Regulation 2005 can be found on www.mcga.gov.uk
Peter.
6 January 2005
Government concedes to RYA legal challenge on reporting regulations
The Government has conceded to the RYA’s legal challenge to the Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004 and has admitted that to attempt to preserve the regulations is not a viable option. It has also conceded that the consultation that was required did not take place.
In response to the RYA’s actions the MCA has issued The Merchant Shipping (Amendments to Reporting Requirements) Regulations 2005. The MCA is now consulting on this legislation which, if passed, will amend the 2004 Regulations to remove the requirement for all recreational craft to report any “incidents” or “accidents” or face a fine of up to £5000.
In its consultation document, the Government has acknowledged the concerns raised by the RYA and in particular that this was a case of ‘gold plating’ of EC Directives.
The new regulations are expected to come into force this May. The reporting requirements on owners of smaller craft will then revert to the legal position prior to the 2004 regulations which excluded craft under 15 metres from any reporting requirements.
Rod Carr, RYA CEO commented “we are very pleased that the Government has listened to the concerns of recreational boater and as a result is amending the 2004 regulations to incorporate a more practical and realistic approach to the area of reporting. The success of this action demonstrates clearly the RYA’s essential role in protecting recreational boating and shows what the combined strength of 100,000 members can achieve”.
The RYA’s legal challenge however, has not ‘gone away’ but has been placed on hold until the amending regulations have been brought into force. It can be restored at any time including, if amending regulations are not made, or are unduly delayed or if a prosecution is brought under the 2004 regulations.
The RYA took legal action in November 2004 in order to obtain a Judicial Review of the 2004 regulations which came into force in September 2004. The RYA maintained that:
a. the Government had failed in its ‘duty to consult’ on the draft legislation
b. the legislation that was passed into law ‘gold plated’ the EU Directive
c. the reporting regulations imposed on smaller recreational craft were unnecessarily onerous and contributed little if nothing to safety at sea.
Ends
For further information please contact Bethan Ancell, RYA Media Relations Officer on 02380 604 215 or 07880 744 425 or email bethan.ancell@rya.org.uk
Notes to Editors
· The RYA is the national body for all forms of recreational and competitive boating. It represents dinghy and yacht racing, motor and sail cruising, RIBs and sportsboats, powerboat racing, windsurfing, inland cruising and personal watercraft. Sailing is the most successful Olympic sport in this country and Great Britain is the world’s top Olympic sailing nation.
· The RYA is recognised by all government offices as being the negotiating body for the activities it represents. It continually fights for the rights and freedoms of its 100,000 personal members, the majority of whom choose to go afloat for purely recreational non-competitive pleasure on coastal and inland waters. There are an estimated further 500,000 boat owners nationally who are members of RYA affiliated clubs and class associations.
· The RYA also sets and maintains a recognised standard for recreational boat training through a network of 2,127 RYA Recognised Training Centres in 20 countries. On average 144,000 people per year complete RYA training courses.
· The RYA is committed to promoting all forms of boating and making them accessible to everyone. For more information please refer to our web site www.rya.org.uk
· You can find the RYA at RYA House, Ensign Way, Hamble, Southampton, SO31 4YA please visit our website and look under RYA Information for directions.
· Details of the Merchant Shipping (Amendments to Reporting Requirements) Regulation 2005 can be found on www.mcga.gov.uk
