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Old 06 July 2005, 12:04   #1
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Do you know your "Rules of the Road"

Just thought I would post this snippet from a MCA press release. Even though it refers to a personal watercraft (jet ski) I think we can all see that it has implecations for all pleasure boaters/ribbers



PERSONAL WATERCRAFT RIDER PROSECUTED FOR COLLISION WITH ANOTHER PERSONAL WATERCRAFT

At a hearing yesterday at Salisbury Crown Court, Mr Mark Goodwin, a twenty five year old Weymouth man pleaded guilty to riding his Yamaha Wave Runner in contravention of Section 58 of the Merchant Shipping Act 1995. Prior to this the judge had been asked to rule on whether the Personal Watercraft was a ship in terms of the Merchant Shipping Act. In his ruling Mr Recorder A Davies QC concluded that it was indeed a ship and that the legislation applied.

This prosecution followed a joint investigation by the Maritime and Coastguard Agency and Dorset Police Marine Section into a collision on Saturday 15 May 2004 off of Bowleaze Cove in Weymouth during which the rider of another Personal Watercraft, Mr Paul Facer, also from Weymouth sustained serious head injuries.

Sentencing will be dealt with at Dorchester Crown Court on 5th August 2005.

Mr Mark Rodaway, Coastguard Area Operations Manager said ”We welcome this ruling as it enables the MCA, in conjunction with police authorities and other agencies to be more pro-active in promoting the safe operation of these craft. It also clarifies the position for the users of Personal Watercraft and ensures that disregard for the proper operation of them will be brought to the attention of the courts.”

Sergeant Andy Hack of Dorset Police's marine section said: "Following yesterday's ruling it's important that all those using personal watercraft recognise that they have the same responsibilities as all other water users in respect of Collision Regulations and The Merchant Shipping Act. We encourage all users to undertake training under the Royal Yachting Association's syllabus.
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Old 06 July 2005, 12:17   #2
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Considering they seem to be airbourne 50% of the time why aren't they classified as aircraft???

How the hell can they be classfied as a ship???

I take it then that a kid on a surfboard will also have to comply???
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Old 06 July 2005, 12:26   #3
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Man on a surf board would probably be closer to Flotsam
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Old 06 July 2005, 12:43   #4
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Negative;

flotsam
1607, from Anglo-Fr. floteson, from O.Fr. flotaison "a floating," from floter "to float" (of Gmc. origin) + -aison, from L. -ation(em). Spelled flotsen till mid-19c. when it altered, perhaps under infl. of many Eng. words in -some. In British law, flotsam are goods found floating on the sea as a consequence of a shipwreck or action of wind or waves; jetsam are things cast out of a ship in danger of being wrecked, and afterward washed ashore, or things cast ashore by the sailors. Whatever sinks is lagan.

jetsam
1570, alteration of M.E. jetteson "act of throwing goods overboard to lighten a ship," from Anglo-Fr. getteson (see jettison). Form perhaps influenced by flotsam. For distinction of meaning, see flotsam.

There's some distinction over providence if its flotsam its yours jetsam is still owned so salvage applicable.

etymology online
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Old 06 July 2005, 13:16   #5
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It also clarifies the position for the users of Personal Watercraft and ensures that disregard for the proper operation of them will be brought to the attention of the courts.
I'm sure the Pompy Builders Brigade who launch out of Langstone will be most interested in this.
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Old 06 July 2005, 13:18   #6
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I was going to say man overboard, but technically he would need a boat to be overboard from
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Old 06 July 2005, 13:20   #7
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Originally Posted by codprawn
I take it then that a kid on a surfboard will also have to comply???
Yes they do! As does any other vessel. But the rules are heavily weighted in favour of unpowered vessels i.e. we RIBsters need to give way to them (and dinghys, and boats under sail) in almost all situations. I'm very happy with that.

Maybe there's a new business opportunity for ambulance chasing lawers here - "if there's blame there's a claim" (BTW I'm emphatically not a lawyer) - to pursue the claim of one surfboarder against another.

But seriously, I've seen a lot of irresponsible jet-skiing in the Solent, although when things go wrong they expect other boaters to abide by the rules of good seamanship and help them out as I have personally done on several occasions.

I am really (really, really, .....) opposed to the idea of licensing boaters, whatever the vessel. but I do wish that those who take to the water would get some basic training and an understanding of the rules of the road ... for their own sake, and for that of others.

Russell
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