PWC Conviction Appealed

Powerboat · 17 December 2005, 14:04

Hi folks,

I heard the other day that the guy convicted of dangerous driving under the UK Shipping regulations had had a succsessful appeal. The appeal jdge apparantly overturned the original finding that a PWC was a normal vessel and redesignated a PWC as a Toy as they do not go on "Voyages" but rather fly around in all directions with out any particular destination.

Does this have implications for RIBs etc ?

Anyone have any links for press coverage on the appeal?

Kind regards,

Stuart

Nos4r2 · 17 December 2005, 14:11

Does that mean that they can continue to act like complete dickheads with impunity like the majority(but not all) of PWC users I see?

Poole harbour has started to escort the ferries in during the summer to stop them trying to go BETWEEN THE HULLS on the cats...

Shaggy · 17 December 2005, 14:13

Seek and ye shal find..

http://www.mcga.gov.uk/c4mca/mcga-do...h=12&year=2005

Shaggy

codprawn · 17 December 2005, 14:15

I think this is a sensible decision - otherwise where do you draw the line? Next they would classify a surfboard as a vessel.....

Most of the maritime laws are for big ships or sailing boats.

Apparently under law I need to register my rubber dinghy as a vessel if I am taking it abroad - bonkers!!!

Nos4r2 · 17 December 2005, 16:05

Possibly 'anything with a permanent or semi-permanently attached internal combustion engine" would be a better idea-and then a few stipulations for sailing boats. The issue really isnt 'do I have to register my dinghy' but 'is this floating thing capable of killing someone when used recklessly'.

If a PWC isn't a vessel by law then are they legally able to ignore the rules on giving way etc...or can we just run over them when they act like morons and cut across our bows and buzz us?

Rogue Wave · 17 December 2005, 16:07

That decison is a shame, as it will mean extra and further regulation to curb BADBOY Jet Skiing! I remember once somebody telling me if you are nicked for being drunk in charge of a pushbike on the road you can lose your driving Licence which I thought at the time was harsh but now I think it's sensible!

It seems to me that a good way to go might be to equate any powerdriven activity to a car licence and have roughly the same punisments so if your boat speeding you get three points on your car licence, drunk driving on your boat lose car licence and so on

Nate · 17 December 2005, 16:11

Quote:

Originally Posted by Rogue Wave

I remember once somebody telling me if you are nicked for being drunk in charge of a pushbike on the road you can lose your driving Licence which I thought at the time was harsh but now I think it's sensible!

They were pulling your leg. As no licence is required for a bicycle you cannot have it suspended. Few offences actually exist for cyclists apart from no lights, riding on pavements and "reckless cycling"...

Nos4r2 · 17 December 2005, 16:15

Considering the behaviour of some particular groups of those that ride bicycles maybe random culling would work better?

Seriously though, I think this decision has given PWC owners carte blanche to behave as they like with impunity and that can only be a bad thing-but I guess at least GBH,manslaughter and so on still apply to them.

Nate · 17 December 2005, 16:32

Quote:

Originally Posted by Nos4r2

I think this decision has given PWC owners carte blanche to behave as they like with impunity and that can only be a bad thing-but I guess at least GBH,manslaughter and so on still apply to them.

Sorry Nos, are you saying we should apply GBH to PWC owners?

Kernow Buoy · 17 December 2005, 16:36

Nate
Riding a pedal cycle whilst uncapable through drink or drugs is an offence as is being drunk in charge of a carriage (bike included).
Better walk home tonight!

Rogue Wave · 17 December 2005, 16:44

any comments on my second paragraph!

Kernow Buoy · 17 December 2005, 16:53

yep, I think both offences are arrestable, neither are endorsable.

Nos4r2 · 17 December 2005, 16:53

Quote:

Originally Posted by Nate

Sorry Nos, are you saying we should apply GBH to PWC owners?

Now did I actually say that

Simon B · 17 December 2005, 16:58

Lets hope the house of lords see sense, sounds like this chap has a lot of money/no money to push an appeal like this through. My feelings are for the bloke who had his head smashed in, bet he isnt right yet.

What I'll do next time is act like an idiot whilst at sea then tell the coppers I wasnt on a voyage and was only playing. Now lets see; motorbikes everyone knows you cant go on a journey with them lets reclassify them as toys.

I do wonder what the complete judgement was, why is the part of it not being a vessel significant, unless there is to be another prosecution under a different charge which clearly, as he hit this poor chap he'd again be as guilty as sin of.

codprawn · 17 December 2005, 17:15

Quote:

Originally Posted by Nos4r2

Possibly 'anything with a permanent or semi-permanently attached internal combustion engine" would be a better idea-and then a few stipulations for sailing boats. The issue really isnt 'do I have to register my dinghy' but 'is this floating thing capable of killing someone when used recklessly'.

If a PWC isn't a vessel by law then are they legally able to ignore the rules on giving way etc...or can we just run over them when they act like morons and cut across our bows and buzz us?

"is this floating thing capable of killing someone when used recklessly'. "

This could apply to surfboards - body boards and canoes!!!

Rogue Wave · 17 December 2005, 17:26

Quote:

Originally Posted by codprawn

"is this floating thing capable of killing someone when used recklessly'. "

This could apply to surfboards - body boards and canoes!!!

In your world!

Rogue Wave · 17 December 2005, 17:31

Quote:

Originally Posted by Kernow

yep, I think both offences are arrestable, neither are endorsable.

maybe I didn't get my point across properly, wouldn't be the first time!

what I am saying is punish water offences by attacking the boat drivers car licence. And if they haven't got one or are too young then do the same as you would for car driving offences

codprawn · 17 December 2005, 17:35

Quote:

Originally Posted by Rogue Wave

In your world!

There have been plenty of cases of swimmers being killed by a blow to the head from a surf board!!!

Rogue Wave · 17 December 2005, 17:37

I am not going too waste my time arguing with you Tony

the question is about jet Slkis lets stay on project

codprawn · 17 December 2005, 17:37

Quote:

Originally Posted by Rogue Wave

maybe I didn't get my point across properly, wouldn't be the first time!

what I am saying is punish water offences by attacking the boat drivers car licence. And if they haven't got one or are too young then do the same as you would for car driving offences

Are you serious!!! Why attack their car licence??? What if they have a pilot's licence - or a forklift licence - or a HGV licence - or a firearms licence - or maybe even their TV licence!!!

Makes no more sense to attack one than the other!!!