Kukri
Well-Known Member
I just got this response from the MCA. I have deleted references to the CA but have sent the whole text including that part to the CA and to the RYA.
It does contain the important admission that the MCA do not have the legal right to regulate private pleasure craft under 13.7 metres Register length.
Quote
Dear Minn,
Thanks for your email and for providing your comments on the consultation process. In addressing your three specific points;
The consultation period of four weeks was agreed due to the stakeholder engagement process that preceded the public consultation element. The MGNs were initially drafted in November and December 2018 where various members of RYA staff were consulted and helped with the drafting process.
The draft MGNs were then subsequently consulted upon internally to the MCA before going through a “soft” external consultation where the opinions and feedback were requested from a number of different stakeholders including British Marine, RYA, Cruising Association and the YBDSA. This is normal in these situations.
Finally, the documents were circulated formally as part of the Small Commercial Vessels Technical Working Group, with papers circulated to members on the 19th February 2019. From this point, we considered the documents to be effectively in the “public domain” as any of the stakeholders involved in the SCV TWG had the opportunity to distribute to their staff, committees and communities and seek feedback on them. We actively sought feedback throughout this process.
(I have redacted the section on the Cruising Association but have sent it to the CA)
The MCA is the Government agency responsible for maritime safety. Through these MGNs there is no intention to regulate the pleasure vessel sector because, as you rightly point out, we are not legally able to do so, with the exception of Class XII vessels (see below). We have acknowledged in consultation responses that we would not seek to enforce the text within the MGNs as they are not regulation.
What we are looking to achieve is to publish a level of generic safety advice to the small vessel sector – which we feel are appropriate safety messages that should be given to both the pleasure and commercial sectors without discrimination.
The MCA does currently regulate the pleasure vessel sector in part, MGN 599 regulates Class XII vessels (vessels which are 13.7m or greater in length) with regards to some areas around life-saving appliances and fire safety requirements. This is further increased in the Large Yacht sector for vessels over 24m in length.
In broader terms, the text is written with the wide number of pleasure vessel owners in mind who have a diverse range of experiences and competencies. We have not tried to differentiate between the two ends of this knowledge spectrum but instead have given generic guidance. The MCA through these MGNs, as do the MAIB, recognise that whilst there is a high level of knowledge within the leisure boating community, it is not consistent throughout. Therefore these messages need to be provided to ensure that everyone has received the same information with regards to safety from the Government agency that is responsible for maritime safety.
Finally, the MCA are working on a number of different areas with regards to addressing the comments from the court case with respect to Cheeki Rafiki. This is not one of those pieces of work.
Thank you again for providing your comments on the MGNs around Yacht and Powerboat Safety.
Regards,
The Codes Team
The Codes Team – Ship Standards
Maritime & Coastguard Agency
Spring Place, 105 Commercial Road, Southampton, SO15 1EG
Safer Lives, Safer Ships, Cleaner Seas
Unquote
It does contain the important admission that the MCA do not have the legal right to regulate private pleasure craft under 13.7 metres Register length.
Quote
Dear Minn,
Thanks for your email and for providing your comments on the consultation process. In addressing your three specific points;
The consultation period of four weeks was agreed due to the stakeholder engagement process that preceded the public consultation element. The MGNs were initially drafted in November and December 2018 where various members of RYA staff were consulted and helped with the drafting process.
The draft MGNs were then subsequently consulted upon internally to the MCA before going through a “soft” external consultation where the opinions and feedback were requested from a number of different stakeholders including British Marine, RYA, Cruising Association and the YBDSA. This is normal in these situations.
Finally, the documents were circulated formally as part of the Small Commercial Vessels Technical Working Group, with papers circulated to members on the 19th February 2019. From this point, we considered the documents to be effectively in the “public domain” as any of the stakeholders involved in the SCV TWG had the opportunity to distribute to their staff, committees and communities and seek feedback on them. We actively sought feedback throughout this process.
(I have redacted the section on the Cruising Association but have sent it to the CA)
The MCA is the Government agency responsible for maritime safety. Through these MGNs there is no intention to regulate the pleasure vessel sector because, as you rightly point out, we are not legally able to do so, with the exception of Class XII vessels (see below). We have acknowledged in consultation responses that we would not seek to enforce the text within the MGNs as they are not regulation.
What we are looking to achieve is to publish a level of generic safety advice to the small vessel sector – which we feel are appropriate safety messages that should be given to both the pleasure and commercial sectors without discrimination.
The MCA does currently regulate the pleasure vessel sector in part, MGN 599 regulates Class XII vessels (vessels which are 13.7m or greater in length) with regards to some areas around life-saving appliances and fire safety requirements. This is further increased in the Large Yacht sector for vessels over 24m in length.
In broader terms, the text is written with the wide number of pleasure vessel owners in mind who have a diverse range of experiences and competencies. We have not tried to differentiate between the two ends of this knowledge spectrum but instead have given generic guidance. The MCA through these MGNs, as do the MAIB, recognise that whilst there is a high level of knowledge within the leisure boating community, it is not consistent throughout. Therefore these messages need to be provided to ensure that everyone has received the same information with regards to safety from the Government agency that is responsible for maritime safety.
Finally, the MCA are working on a number of different areas with regards to addressing the comments from the court case with respect to Cheeki Rafiki. This is not one of those pieces of work.
Thank you again for providing your comments on the MGNs around Yacht and Powerboat Safety.
Regards,
The Codes Team
The Codes Team – Ship Standards
Maritime & Coastguard Agency
Spring Place, 105 Commercial Road, Southampton, SO15 1EG
Safer Lives, Safer Ships, Cleaner Seas
Unquote
