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UK. Maritime & Coastguard Agency says PWCs are not exempt from Collision Regulations |
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Tuesday, 21 March 2006 |
Marian Martin
Recently, PWC rider Mark Goodwin successfully appealed against his conviction and custodial sentence, for seriously injuring another PWC rider, on the grounds that his PWC was exempt from the Internation Regulations for the Prevention of Collisions at Sea, because it did not fall within the definition of a ship because, by reason of the nature of its construction, it could not be described as a vessel, and because it was not "used in navigation".
The Maritime & Coastguard Agency has, today, issued the following statement about the case:
As a result of the recent Court of Appeal ruling in the Goodwin case regarding the status of Personal Water Craft (“Jet skis”), the Maritime and Coastguard Agency has issued the following advice to owners and those in charge of these craft and other leisure vessels.
It is the MCA’s view that the Appeal Court ruling does not give a blanket exemption for leisure vessels from regulations such as the Collision Regulations. There may be specific circumstances where regulations do not apply, however it is regarded as best practice for all craft to observe the International Regulations for Preventing Collisions at Sea at all times.
Current byelaws made and enforced by local authorities are unlikely to be affected by this ruling and all craft should continue to comply with any local regulations.
The ruling was made in respect of a criminal case. Owners are reminded that the rules on civil liability, whereby they may be liable for their actions in civil proceedings, are unaffected by the Court of Appeal’s judgment.
Jeremy Smart, Head of the MCA Enforcement Unit said: “Whilst the MCA was disappointed with the outcome of the Goodwin case, we are now working to resolve the issues highlighted by that case, in order to ensure that regulations such as the International Regulations for Preventing Collisions at Sea are suitably complied with.”
Read about the court hearings at PWC conviction & appeal |
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Last Updated ( Tuesday, 21 March 2006 )
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