Regulations

Although the recreational sector is largely unregulated, some legislation applies to all craft, whether commercial or recreational. The following regulations specifically apply to PWC.

Navigation

With respect to navigation and collision avoidance any vessel that proceeds to sea, irrespective of size, is required to comply with the Merchant Shipping (Distress Signals & Prevention of Collisions) Regulations 1996. It is of paramount importance that all vessels at sea comply with the International Regulations for the Prevention of Collisions at Sea. These are contained within the Merchant Shipping regulations that also set out the penalties for non-compliance, which could be a fine of up to £50,000 in serious cases. The Regulations require that all vessels that proceed to sea are correctly provided with, and exhibit, navigation lights, shapes and sound signalling devices consistent with the vessels' length, type and circumstances. Navigation lights are required if the vessel is likely to operate at night or in poor visibility by day. Owners should ensure that the lights they provide on their vessels are of approved types, also that they are displayed in their correct position(s) on the vessel.

Operation of Recreational Craft - Minimum age levels

The master or owner of a PWC or fast power craft is required to take all reasonable steps to ensure that persons under the age of 16 do not operate or control the craft. The term "fast power craft" means a craft that can attain a speed of 17 knots or more.

The master or owner of a craft with an engine rating of more than 5 hp (3.7 KW) is required to take all reasonable steps to ensure that a person under 12 years of age does not operate or control the craft.

Although there is no national legislation about the minimum age to operate a PW, children are unlikely to have the skill, judgement and physical strength needed to handle a PW safely consequently prohibition of use by young children is accepted by many authorities.

In the intermediate age range of 12 -16 the balance shifts. Closely supervised youngsters in this age range may be permitted to use a PW if they have an appropriate certificate of competence, insurance, or are accompanied on the machine by a competent adult.

Harbours Acts - Powers of Harbour Masters

Harbours Acts of 1946, 1996 and Fisheries Centre Harbours Act 1980

Under these Acts, Harbour Masters have the power to create bye-laws within the limits of their port areas. While the majority of shipping within such ports is of a commercial nature, recreational craft are required to comply with any relevant bye-laws, in particular those in relation to:

• Safety of navigation
• Speed limits
• Operating within the channels
• Buoyage
• Mooring and berthing
  

Details of bye-laws are available from the Harbour Masters Office.

The Port Marine Safety Code and the associated Guide to Good Practice places additional requirements on Harbour Authorities, in particular a duty of care that so long as the harbour is open to public use, all who chose to navigate it may do so without danger to their lives or property.