The Marine Navigation Act 2013.

It's not "Directions" as in "Oy, more to starboard" shouted by someone in a hat ...
... but "Directions" as in "Gas tankers in transit within the Solent may not enter an area in which the visibility is less than 1/2 nautical mile lest they collide and explode, engulfing everything South of Portsdown Hill in a fireball".

http://www.qhm.mod.uk/portsmouth/leisure/directions
 
FlowerPower said:
It's not "Directions" as in "Oy, more to starboard" shouted by someone in a hat ...
... but "Directions" as in "Gas tankers in transit within the Solent may not enter an area in which the visibility is less than 1/2 nautical mile lest they collide and explode, engulfing everything South of Portsdown Hill in a fireball".

http://www.qhm.mod.uk/portsmouth/leisure/directions
Click to expand...

For sure, the big boys haven't got time to faff about with boaters, but the same set of rules can, and I believe will, be available to the river HM's, Hamble comes to mind, with their on board CCTV cams, they just love to collect money.
 
epervier said:
Not saying that it has, but, like plod on the tarmac, if you're speeding/without due care/ etc the courts seem to come down on the side of cps 99.9% of the time.
Click to expand...

And if you are speeding without due care and attention in a harbour... ?
 
Having had a very quick glance at the legislation (always dangerous, especially with new legislation as the don't update them on-line that rapidly) my interpretation would be:

The directions have to be in writing
The directions are limited to those specified in bold at the bottom of this post
If harbour master directions are used "without reasonable cause, or in an unreasonable or unfair manner" the harbour master can be fined.

I'd be interested to see what the "designated harbour authorities" actually are - I suspect it doesn't cover marina staff, etc. at all. I could be totally wrong of course as this was a very quick look not going the details at all.



The actual legislation is here: http://www.legislation.gov.uk/ukpga/2013/23/contents/enacted/data.htm and here: http://www.legislation.gov.uk/ukpga/Vict/10-11/27/section/54

If you go to section 5 "Harbour Directions" you will see:

“Harbour directions

40A Directions

(1) A designated harbour authority may give directions (“harbour directions”) in respect of ships—

(a) within their harbour, or
(b) entering or leaving their harbour.

(2) A harbour direction may relate to—

(a) the movement of ships;
(b) mooring or unmooring;
(c) equipment (including nature and use);
(d) the manning of ships.

(3) A harbour direction may require the master of a ship to provide information to a specified person in a specified manner.

(4) “Designated harbour authority” means—

(a) a harbour authority for a fishery harbour in Wales who are designated by order of the Welsh Ministers,
(b) a harbour authority for any other harbour in England or Wales who are designated by order of the Secretary of State, and
(c) a harbour authority for a harbour in Scotland who are designated by order of the Scottish Ministers.

(5) A harbour direction is subject to any direction under section 52 of the Harbours, Docks and Piers Clauses Act 1847 (directions by harbour master).

(6) A harbour authority may not give a harbour direction which conflicts with an enactment.

(7) An order designating a harbour authority may amend or repeal any statutory provision of local application which the person making the order thinks is—

(a) inconsistent with the power to give harbour directions, or
(b) unnecessary as a result of the power.


40B Procedure

(1) Harbour directions must be in writing.

(2) Before giving harbour directions a harbour authority must consult such representatives of users of the harbour as the authority think appropriate.

(3) A harbour authority must make such arrangements as they think appropriate for publicising a proposed harbour direction for at least 28 days before it is given.

(4) A harbour authority must—

(a) make harbour directions available for inspection, and
(b) supply a copy to anyone who requests it.

(5) A harbour authority may charge for the supply of copies.

(6) As soon as is reasonably practicable after giving a harbour direction the harbour authority must publish a notice in a newspaper specialising in shipping news—

(a) stating that a harbour direction has been given, and
(b) giving details of the arrangements for the inspection and supply of copies of harbour directions.


40C Enforcement

(1) The master of a ship must ensure that harbour directions are complied with.

(2) Breach of subsection (1) without reasonable excuse is an offence.

(3) A person guilty of the offence is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

40D Supplemental

(1) Harbour directions—

(a) may make provision that applies generally or only in relation to specified circumstances, areas, periods or descriptions of ship, and
(b) may make different provision for different circumstances, areas, periods or descriptions of ship.

(2) Harbour directions may be varied or revoked by subsequent harbour directions.

(3) In section 40A—

“mooring” includes casting anchor, and
“unmooring” includes weighing anchor.”

(2) In section 54 (orders and regulations) at the end insert—

“(5) A power of the Secretary of State or Welsh Ministers to make an order under section 40A is exercisable by statutory instrument.

(6) A statutory instrument containing an order under section 40A—

(a) if made by the Secretary of State, is subject to annulment in pursuance of a resolution of either House of Parliament,
(b) if made by the Welsh Ministers, is subject to annulment in pursuance of a resolution of the National Assembly for Wales.”

(3) In section 57(1) (interpretation) insert at the appropriate place—
““master”, in relation to a ship, means the person who has command or charge of the ship for the time being;”.

section 52 of the Harbours, Docks and Piers Clauses Act 1847 (directions by harbour master) says:

The harbour master may give directions for all or any of the following purposes; (that is to say,)

For regulating the time at which and the manner in which any vessel shall enter into, go out of, or lie in or at the harbour, dock, or pier, and within the prescribed limits, if any, and its position, mooring or unmooring, placing and removing, whilst therein:

For regulating the position in which any vessel shall take in or discharge its cargo or any part thereof, or shall take in or land its passengers, or shall take in or deliver ballast within or on the harbour, dock, or pier:

For regulating the manner in which any vessel entering the harbour or dock or coming to the pier shall be dismantled, as well for the safety of such vessel as for preventing injury to other vessels, and to the harbour, dock, or pier, and the moorings thereof:

For removing unserviceable vessels and other obstructions from the harbour, dock, or pier, and keeping the same clear:

For regulating the quantity of ballast or dead weight in the hold which each vessel in or at the harbour, dock, or pier shall have during the delivery of her cargo, or after having discharged the same:

Provided always, that nothing in this or the special Act contained shall authorize the harbour master to do or cause to be done any act in any way repugnant to or inconsistent with any law relating to the Customs, or any regulation of the Commissioners of her Majesty’s [F1Customs and Excise].


You might be interested to know it also provides for Harbour Masters abusing their privileges:

54 Penalty on harbour master for misbehaviour.If any harbour master, or any of his assistants, without reasonable cause, or in an unreasonable or unfair manner, exercise any of the powers or authorities vested in the harbour master by this or the special Act, the person so offending shall for every such offence be liable to a penalty not exceeding [F1level 1 on the standard scale].
 
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