Who polices the sea?

misterg

Well-Known Member
Joined
31 Oct 2003
Messages
2,884
Location
N. Wales
Visit site
Further to the "Collision Pic" thread in this forum on 26/7 which describes the effect of a motorboat driving over a sailing yacht. (Horrific incident - it's absolutely amazing that no-one was killed. Apologies for starting a new thread but this is at a tangent to the discussions there...)

Whose juristriction does this fall under? If one accepts the events (as related) at face value, the MoBo skipper was acting irresponsibly - what offences has he committed, and who would prosecute him? (N.B. I don't want to spark a col-regs epic, or discussion as to who's to blame - just an insight into what law(s) might have been broken, and whether there is the likelihood of any public prosecution, or is it purely a civil case?)

As to the breathalyser not being used by the police in this instance - why would it be? If there isn't a specific offence related to alcohol, I don't think the police have the powers to demand the test. Would you consent to be breathalysed if you tripped over in the street ? (i.e. there is no specific limit for blood alcohol for pedestrians, cyclists, horse riders, etc. and, for the moment, private pleasure boat skippers.)

What is the relationship between the Police, Harbour Authorities (= local council?) and the MCGA (=coastguard?)?

Andy


<hr width=100% size=1>
 
Re: It goes like

IMO is the organization of world governments that controls the seas international rules and laws.

The MCGA is the UK agency that controls said rules and laws for UK ships and UK waters.

UK waters are also subject to UK law and local waters can be subject to bye-laws. So if you break a UK law a range of organizations, MCGA, Harbour Authorities, Local Authorities etc., can bring prosecutions but if a crime is suspected it will be left to the Police to feel your collar.

<hr width=100% size=1>
 
Further to that the Maritime and Coastguard Agency (MCA) is the UK's Marine Administration and representative in the IMO.

The job of policing transport falls to the Dept for Transport or whatever they're called nowadays. The relevant part is the Marine Accident Investigation Branch (MAIB). Look here http://www.dft.gov.uk/stellent/groups/dft_maritimesafety/documents/page/dft_masafety_023704.hcsp

Mike

<hr width=100% size=1>Team Executive,
Maritime & Aeronautical Team, Ofcom
 
>>The relevant part is the Marine Accident Investigation Branch (MAIB). Look here <<

Which says:

"We do not enforce laws or carry out prosecutions."

I'm still utterly confused as to who *does* actually enforce laws in cases such as the one cited, what laws are involved, and whether prosecutions are ever carried out in the public interest.

Andy

(No connection at all with the incident referred to, btw.)



<hr width=100% size=1>
 
Top