Maritime: Industry Safety
Regulations concerning shipping safety are developed internationally because of the global nature of the industry. Shipping is subject to uniform regulations on matters such as safe construction standards, the safe operation of ships and security of crew and passengers. Some of our regulations are also aimed specifically at those vessels travelling in UK domestic waters.
As part of the Red Tape Challenge, we will review any instances of gold-plating, i.e. where we have gone beyond the minimum required by the EU or other international legislation, and welcome views from you on where they could have been introduced in a more user friendly way.
You can find the regulations that relate to maritime industry safety below to the left.
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Merchant Shipping (EPIRB Registration) Regulations 2000 These Regulations require that Emergency Position Indicating Radio Beacons carried on United Kingdom ships and hovercraft must be registered with the competent authority in a State which is party to the International Telecommunication Union Read More… (opens in a new window)
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Merchant Shipping (International Safety Management (ISM) Code) Regulations 1998 Provision of the enforcement of the safety management regulations of non ro-ro passenger ships and cargo ships of 500gt and over trading internationally. Creating an offence if companies do not comply with the international safety management code. Read More… (opens in a new window)
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Hovercraft (Civil Liability) Order 1986 (1) Applies aviation and shipping legislation concerning limitations of civil liability in respect of the carriage of passengers, baggage and cargo to hovercraft, with modifications Read More… (opens in a new window)
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Merchant Shipping (Liability of Ship Owners and Others) (Calculation of Tonnage) Order No direct regulatory effect. The regulation provides how tonnage is to be calculated for the purposes of the UK’s implementation of the Convention of Limitation of Liability for Maritime Claims 1976 Read More… (opens in a new window)
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Merchant Shipping (Liner Conferences) Act 1982 Allowed liner conferences as an exception to normal competition law, under an agreed Code. Such conferences within the EU have subsequently been abolished but there may be residuary need for the remaining provisions. Read More… (opens in a new window)
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Merchant Shipping (Liner Conferences) Act 1982 (Repeal) Regulations 2008 Repeals some sections of the Liner Conferences Act of 1992 (which deals with agreements between shipping companies on providing scheduled cargo and/or passenger ship services). Read More… (opens in a new window)
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Carriage of Goods by Sea Act 1992 This Act makes specific provision about privity of contract in relation to shipping cargo contracts. Read More… (opens in a new window)
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Carriage of Goods by Sea Act 1971 This Act implements the Hague Rules (and Brussels Protocols) which imply standard terms into shipping cargo contracts Read More… (opens in a new window)
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Limitation of Liability of Maritime Claims (Parties to the Convention) Order 1986 This Order declares the States which are parties to the 1996 Convention on Liability of Maritime Claims Read More… (opens in a new window)
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Merchant Shipping (Liability of Shipowners and Others) (Rate Of Interest) Order 1999 This Order prescribes the rates of interest applicable for the purposes of the Convention of Limitation of Liability for Maritime Claims 1976 Read More… (opens in a new window)
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Merchant Shipping (Liability of Shipowners and Others) (New Rate of Interest) Order 2004 This Order prescribes the rate of interest applicable for certain purposes in relation to the Convention of Limitation of Liability for Maritime Claims 1976 Read More… (opens in a new window)
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Harbours Act 1964 The Act provides for the control of harbour development and enables new harbour authorities to be created under harbour empowerment orders or harbour revision orders and miscellaneous other provisions. Read More… (opens in a new window)
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Harbours,Docks & Piers Clauses Act 1847 The Act provides clauses that can be incorporated into local legislation for construction or improvement of an individual harbour, dock or pier, including powers to make byelaws and penalties etc Read More… (opens in a new window)
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Dangerous Vessels Act 1985 Gives harbour masters the legal power subject to Secretary of State veto to prohibit a ship from entering their harbour or to remove a ship from their harbour if it presents a danger to people or property Read More… (opens in a new window)
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Merchant Shipping Act 1995 Covers commercial concerns on pilotage, carriage of passengers and luggage by sea, liability of shipowners and salvors, and ship pollution. Also safety and health on ships, discipline and deaths on board ships. Read More… (opens in a new window)
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Marine Safety Act 2003 Gives the Secretary of State for Transport legal power to direct those involved or affected by a marine accident involving pollution, loss of life or injury. Read More… (opens in a new window)
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Merchant Shipping Act 1988 Section 37 the sole remaining operative provision. Power to make regulations to regulate licensing of tidal works by harbour authorities – no such regulations have been made Read More… (opens in a new window)
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Pilotage Act 1987 Confers functions on Competent Harbour Authorities concerning provision of pilotage services, pilot authorisation and areas of compulsory pilotage. Also makes provision governing rights and responsibilities of pilots Read More… (opens in a new window)
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Merchant Shipping (Life-Saving Appliances For Ships Other Than Ships Of Classes III To VI(A)) Regulations 1999 Sets out the requirements relating to the provision of life-saving appliances on a wide range of vessels, including those that engage on international voyages. Read More… (opens in a new window)
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Merchant Shipping (Life-Saving Appliances For Passenger Ships Of Classes III To VI(A)) Regulations 1999 These Regulations set out the requirements for the carriage of life-saving appliances on passenger ships which are restricted to certain areas of travel and restricted numbers of passengers. Read More… (opens in a new window)
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Merchant Shipping (Safety Convention) (Transitional Provisions) Regulations 1981 Provides for transitional arrangements during the period of the coming into force of alternative international agreements. Read More… (opens in a new window)
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Merchant Shipping (Tonnage) Regulations 1997 Implements a regime for the measurement and certification of tonnage for ships registered in the UK as well as some non-UK registered ships. Read More… (opens in a new window)
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Merchant Shipping (Emergency Equipment Lockers for Ro/Ro Passenger Ships) Regulations 1988 Requirement for the provision on UK ships of lockers containing equipment for use in emergency situations. Read More… (opens in a new window)
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Merchant Shipping (Delegation of Type Approval) Regulations 1996 Sub-delegates the Secretary of State’s power to approve safety equipment for use on certain vessels to organisations recognised in a quasi-legislative Merchant Shipping Notice. Read More… (opens in a new window)
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Merchant Shipping (Fire Protection: Small Ships) Regulations 1998 Requires a wide range of ships less than 21.34metres or 500 gross tons to comply with standards for structural fire protection and the provision of fire prevention measures and appliances. Read More… (opens in a new window)
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Merchant Shipping (Fire Protection: Large Ships) Regulations 1998 Requires a wide range of ships larger than 21.34metres or 500gross tons to comply with standards for structural fire protection and the provision of fire prevention measures and appliances. Read More… (opens in a new window)
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Merchant Shipping (Fire Protection) Regulations 2003 Imposes requirements for fire protection arrangements on ships constructed since 2002 but not covered by Statutory Instruments 1998/1011 and 1012. Read More… (opens in a new window)
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Merchant Shipping (Load Line) Regulations 1998 Implements a regime setting out standards to underpin fundamental stability and safety requirements for the construction, arrangement and operation of almost all vessels that proceed to sea. Read More… (opens in a new window)
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Merchant Shipping (Additional Safety Measures for Bulk Carriers) Regulations 1999 Require bulk carriers to comply with extra damage stability, structural and other requirements. Read More… (opens in a new window)
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Merchant Shipping (Marine Equipment) Regulations 1999 Sets out the requirements for the approval to international standards of equipment provided on board ships and measures for obtaining that approval. Read More… (opens in a new window)
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Merchant Shipping (Updating of References to Maritime Conventions) Regulations 2004 Sets out the requirements for the approval to international standards of equipment provided on board ships and measures for obtaining that approval. Read More… (opens in a new window)
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Merchant Shipping (Ministry of Defence Ships) Order 1989 No regulatory effect. Governs registration and special treatment under merchant shipping legislation of Ministry of Defence ships. Read More… (opens in a new window)
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Merchant Shipping (Ministry of Defense Commercially Managed Ships) Order 1992 No regulatory effect. Governs registration and special treatment under merchant shipping legislation of Ministry of Defence ships managed by commercial third parties Read More… (opens in a new window)
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Merchant Shipping (Ministry of Defence Yachts) Order 1992 No regulatory effect. Governs registration and special treatment under merchant shipping legislation of MOD yachts. Read More… (opens in a new window)
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Merchant Shipping (Registration of Ships) Regulations 1993 These regulations provide for the registration of ships, fishing vessels and small ships as British Ships, covering eligibility, procedure and morgages, in accordance with the Merchant Shipping Act 1993 Read More… (opens in a new window)
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Hovercraft (Births, Deaths and Missing Persons) Regulations Provides for registration of Births, Deaths and missing persons on hovercraft Read More… (opens in a new window)
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Merchant Shipping (Registration of Submersible Craft) Regulations Provides for the registration of manned submersible craft used in UK waters or launched from a UK ship; and prohibits the use of such craft where they are not marked with their registration number Read More… (opens in a new window)
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The Coastguard Act 1925 Provides statutory responsibility for Coastguard Service – Also transfer Act Read More… (opens in a new window)
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Transport Security (Electronic Communications) Order 2006 Authorises the use of electronic communications in relation to documents concerned with maritime security. Read More… (opens in a new window)
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Ship and Port Facility (Security) Regulations 2004 Creates inspection and enforcement regime for monitoring compliance and applying sanctions against companies, ships and port facilities for non-compliance with Regulation (EC) No 725/2004 and IMO regime agreed December 2002. Read More… (opens in a new window)
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Port Security Regulations 2009 Extends counter-terrorism security at ports in scope beyond the immediate “ship-port interface” to the wider port area through the establishment of port security authorities and creation of port-wide security plans Implements Directive 2005/65/EC. Read More… (opens in a new window)
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Merchant Shipping (Survey and Certification) Regulations 1995 These Regulations govern the requirements for various types of ships to be subject to inspection and survey, and the issue of certificates in respect of ships which meet required standards Read More… (opens in a new window)
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Merchant Shipping (Mandatory Surveys for Ro-Ro Ferry and High Speed Passenger Craft) Regulations 2001 Applies a safety inspection regime on all ro/ro ferry and high speed passenger craft on regular service between UK and European ports Read More… (opens in a new window)
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Merchant Shipping Act 1970 (Unregistered Fishing Vessels) Regulations 1991 These regulations apply the law governing conduct endangering ships, structures or individuals to unregistered fishing vessels Read More… (opens in a new window)
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Hovercraft (General) Order 1972 This Order provides regulations for the registration, safety certification, maintenance and operational safety of hovercraft. Read More… (opens in a new window)
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Hovercraft (Application of Enactments) Order This Order applies certain shipping, aviation and road vehicle regulations to hovercraftThey are now redundant because hovercraft are deemd to be ships in accordance with the more recent Merchant Shipping (High Speed Craft) Regulations. Read More… (opens in a new window)
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Hovercraft Act 1968 Contains power for Orders in Council to be made regulating hovercraft, and modifies some existing legislation to apply in respect of hovercraft Read More… (opens in a new window)
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Hovercraft (Convention on Limitation of Liability for Maritime Claims (Amendment)) Order 1998 Increases the limit of liability of hovercraft owners in relation to loss of life or injury or damage to property. Read More… (opens in a new window)
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Fishing Vessels (Safety Provisions) Rules 1975 (1) The Rules set standards for Construction, Stability Machinery, Life Saving Appliances, Fire Protection, Electrical and Nautical Equipment, Drills and Survey requirements for Fishing Vessels of 24m and Over which are not covered by the Directive on Harmonised Safety regime Read More… (opens in a new window)
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Merchant Shipping (Submersible Craft Construction and Survey) Regulations These Regulations require submersible craft (commercially used in UK waters or connected with a uk Ship) to be surveyed and certified, and lay down a list of issues which must be adressed in the construction and survey of submersible craft. Read More… (opens in a new window)
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Merchant Shipping (Submersible Craft Operations) Regulations 1987 These Regulations impose operational safety requirements on commercial submersible craft (excluding certain diving craft) in UK waters or connected to a UK ship and provide for the reporting of casualties and other accidents which may occur in the course of such operations Read More… (opens in a new window)
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Merchant Shipping (Fishing Vessels—Tonnage) Regulations 1988 Implements a regime for the measurement and certification of tonnage for fishing vessels of all sizes registered in the UK including procedures for measurement and calculation Read More… (opens in a new window)
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Merchant Shipping Carriage of Goods by Sea (Parties to Convention) Order No direct regulatory effect. The Regulations certify a list of contracting States for the purposes of the Hague-Visby Rules concerning bills of lading. Read More… (opens in a new window)
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Merchant Shipping (Carriage of Cargoes) Regulations 1999 These regulations implement the international regime for the carriage of bulk cargo and associated survey and inspection Read More… (opens in a new window)
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Fishing Vessels (Life-Saving Appliances) Regulations 1988 The remaining regulations govern the requirement to store liferafts in a manner which allows them to float free should the vessel sink, and the need to have an adequate means of recovering persons from the water Read More… (opens in a new window)
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Merchant Shipping (Weighing of Goods Vehicles and other Cargo) Regulations 1988 Regulations to require the weighing of road vehicles and cargo, which weigh 7.5 tonnes and over, when transported on a UK registered ro-ro Class II or II(A) passenger ship. Read More… (opens in a new window)
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Merchant Shipping (Weighing of Goods Vehicles and other Cargo) (Application to non-UK Ships) Regulations 1989 Regulations to require the weighing of road vehicles and cargo, which weigh 7.5 tonnes and over, when transported on a non UK registered passenger ship visiting a UK port. Read More… (opens in a new window)
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Merchant Shipping (Modification of Enactments) (Bareboat Charter Ships) Order 1994 No direct regulatory effect. These Regulations modify other merchant shipping legislation so that certain references to the owner of a British or UK ship include references to a charterer where the ship is a bareboat charter ship. Read More… (opens in a new window)
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Merchant Shipping (High Speed Craft) Regulations 2004 These Regulations implement the SOLAS Convention on construction standards for high speed craft in accordance with the requirements provided in the High Speed Craft Code. Read More… (opens in a new window)
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Merchant Shipping (Compulsory Insurance: Ships Receiving Trans-shipped Fish) Regulations 1998 These Regulations make insurance, or another form of financial security, compulsory for any ship in respect of which a trans-shipment licence issued under section 4A of the Sea Fish (Conservation) Act 1967 is in force. Read More… (opens in a new window)
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Merchant Shipping (Passenger Ship Construction: Ships of Classes I, II and II(A)) Regulations 1998 These Regulations implement cover international SOLAS and EU standards implementing construction standards for passenger ships operating on international voyages. Read More… (opens in a new window)
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Merchant Shipping (Passenger Ship Construction: Ships of Classes III to VI(A)) Regulations 1998 These Regulations replace existing legislation concerning the construction of certain classes of passenger vessels. They also implement part of an EU Directive which sets standards for ship inspection and survey. Read More… (opens in a new window)
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Merchant Shipping (Cargo Ship Construction) Regulations 1997 These Regulations implement construction standards for cargo ships greater than 500 gross tons on international and domestic voyages. Read More… (opens in a new window)
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Merchant Shipping (Passenger Ships on Domestic Voyages) Regulations 2000 Implements Directive on safety standards for passenger ships on domestic voyages, covering UK ships anywhere and non-UK ships in UK waters. Amendments cover ro-ro and reduced mobility standards Read More… (opens in a new window)
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Merchant Shipping (Domestic Passenger Ships) (Safety Management Code) Regulations 2001 These Regulations require small passenger ships in UK waters to comply with the Safety Management Code. Read More… (opens in a new window)
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Fishing Vessels (Code of Practice for the Safety of Small Fishing Vessels) Regulations 2001 The Regulations require all Under 15m vessels comply with Code of Practice requirements for safety equipment, new vessel construction standards and MCA inspection. Read More… (opens in a new window)
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Fishing Vessels (Safety of 15-24 Metre Vessels) Regulations 2002 The Regulations requires compliance with Code of Practice standards for construction, stability,machinery, electrics fire safety, protection of crew, Life saving and navigation equipment and accommodation Read More… (opens in a new window)
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Fishing Vessels (EC Directive on Harmonised Safety Regime) Regulations 1999 The Regulations require compliance with the IMO Torremolinos Protocol for fishing vessels of 24m and Over as amended by the EC Directive. 2003 amendments implement second Directive to ensure consistency with the Protocol for ships built after 2003. Read More… (opens in a new window)
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Merchant Shipping (Safe Loading and Unloading of Bulk Carriers) Regulations 2003 These regulations apply standards to the loading and unloading of bulk carriers in UK ports in order to reduce the rate of loading accidents Read More… (opens in a new window)
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Merchant Shipping (Technical Requirements for Inland Waterway Vessels) Regulations 2010 These Regulations transpose the Technical Requirements for Inland Waterway Vessels Directive into UK law, but exempt UK vessels and vessels in UK waters from complying with it. Read More… (opens in a new window)
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Merchant Shipping (Passenger Ships) (Safety Code for UK Categorised Waters) Regulations 2010 These regulations allow the requirements in a Safety Code to be applied to passenger ships carrying 12 or more passengers engaged only on voyages on UK inland waterways. Read More… (opens in a new window)
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Merchant Shipping (Small Workboats and Pilot Boats) Regulations 1998 These Regulations require pilot boats to comply with a Code of Practice and allow workboats to comply with the Code rather than legislative standards. Read More… (opens in a new window)
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Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998 Requires compliance with Large Yacht Code, and allows option of following Small Commercial Vessels Code. Where Codes followed, legislative requirements are disapplied. Read More… (opens in a new window)
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Merchant Shipping (Miscellaneous Amendments) Regulations 2002 Corrects defects and provides clarity in the Passenger Ship Construction Regulations. Read More… (opens in a new window)
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Merchant Shipping (Section 63 Inquiries) Rules 1997 These regulations describe the inquiry process with regard to the fitness or conduct of a seaman who is not certificated as an officer. Read More… (opens in a new window)
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Merchant Shipping (Section 52 Inquiries) Rules (Amendment) Rules 1989 Revokes part of section 52 Inquiries Rules Read More… (opens in a new window)
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Merchant Shipping (Section 52 Inquiries) Rules 1982 Sets out the procedure for an inquiry into the fitness or conduct of an officer. Read More… (opens in a new window)
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Merchant Shipping (Increased Penalties) Regulations Allows for increase of financial penalties for certain offences but all are now at or below the minimum on the standard scale Read More… (opens in a new window)
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Merchant Shipping (Accident Reporting and Investigation) Regulations 2005 The MAIB investigates marine accidents occurring to all UK vessels, and other vessels in UK waters. These regulations provide the powers and framework for reporting and investigation of such accidents. Read More… (opens in a new window)
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Merchant Shipping( Miscellaneous Amendments) Regulations 2001 Minor amendment to SIs 1999/1957, 1998/1011 and 1012, but more significant amendment to other instruments Read More… (opens in a new window)
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Carriage of Goods Coastwise Regulations 1952 These Regulations prescribe the procedure to be followed in the shipment and unshipment of goods carried coastwise (ie along the coast) and the records to be kept by the master of a coasting ship. Read More… (opens in a new window)
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Prevention of Damage by Pests (Application to Shipping) Order 1951 This order applies the same obligations on those having the custody or control of any vessel other than a sea-going ship, in relation to rats and mice , as are applied to those occupying land. The obligations imposed by the Act in relation to the infestation of food and certain other goods are, with necessary exceptions and modifications, applied by this Order to all vessels used for the transport or storage of food. Read More… (opens in a new window)
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British Waterways Board (Limit for Borrowing) Order 2001 This Order increases the borrowing limit of the British Waterways Board from £30 million to £35 million, and revokes an earlier order fixing that limit. Read More… (opens in a new window)
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Merchant Shipping (Ministry of Technology Ships) Order 1966 Makes provision for the registration under the Merchant Shipping Acts of ships belonging to the Minister of Technology and in the service of his Department, and for certain modifications and exceptions in the application of those Acts to such ships. Read More… (opens in a new window)
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Merchant Shipping (Registration of Scottish Fishery Cruisers, Research Ships etc) Order 1960 Makes provision for the registration for the purposes of the Merchant Shipping Acts of the fishery cruisers, research ships, dredgers and fishing boats owned by and in the service of the Secretary of State for Scotland. Read More… (opens in a new window)
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Merchant Shipping (Registration of Scottish Fishery Cruisers, Research Ships etc) Order 1972 Amends the Merchant Shipping (Registration of Scottish Fishery Cruisers, Research Ships etc.) Order 1960 which provides for the registration for the purposes of the Merchant Shipping Acts of the fishery cruisers, research ships, dredgers and fishing boats owned by and in the service of the Secretary of State for Scotland. Read More… (opens in a new window)
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Registration as British Ships of Ministry of Agriculture and Fisheries Vessels Order in Council 1920 Regulation on registering British ships as vessels in the service of the then Ministry of Agriculture Fisheries and Food Read More… (opens in a new window)
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River Authorities (Compensation) Regulations 1965 (2) Provide for the payment of compensation to or in respect of persons who suffer loss of employment or loss or diminution of emoluments in consequence of the transfer of functions or property to river authorities by or under the Water Resources Act 1963 Read More… (opens in a new window)
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Suspension from Work on Maternity Grounds (Merchant Shipping and Fishing Vessels) Order 1998 Gives effect to European Council Directive on the introduction of measures to encourage improvements in the safety and health of pregnant workers and workers who have recently given birth and are breastfeeding so as to give similar effect in relation to women employed at sea as they have in relation to women employed on land in the United Kingdom. Read More… (opens in a new window)
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Transport and Works Applications (Inland Waterways Procedure) Regulations 1993 Modifications made to the procedures making of applications for orders under the Transport and Works Act 1992 and Transport Act 1968. Read More… (opens in a new window)
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Tell us what you think should happen to these regulations and why, being specific where possible:
- Should we scrap them altogether?
- Could their purpose be achieved in a non-regulatory way (eg through a voluntary code?) How?
- Could they be reformed, simplified or merged? How?
- Can we reduce their bureaucracy through better implementation? How?
- Can we make their enforcement less burdensome? How?
- Should they be left as they are?
Barrie Youde said on December 14, 2011 at 7:15 am
RED TAPE CHALLENGE
Section 2 of the Pilotage Act 1987 provides that a harbour authority “shall keep under consideration” the circumstances in which compulsory pilotage should apply. The harbour authorities are thus given a broad discretion in the name of the state to make that decision. Insofar as there might be any red tape or other superfluity and/or impropriety adversely affecting any sector of the public (including the shipowners), I offer the following observations:-
1. Where navigation is deemed to be so hazardous that compulsory pilotage should properly apply, the highest possible standards are required of the harbour authority. (The Sea Empress, Court of Criminal Appeal, 16th April 2000)
2. Where navigation is not so hazardous that compulsory pilotage should properly apply, it is unreasonable that compulsory pilotage should be imposed on the shipowner at all. (Associated Provincial Picture Houses v Wednesbury Corporation, Court of Appeal, 1948 – the well-known “Wednesbury principles”.)
3. Where a harbour authority chooses freely and avoidably to reduce its pilotage standards in what was formerly a compulsory pilotage area but nevertheless continues to impose compulsory pilotage on the shipowner by way of recoverable charge (thus purporting to maintain a proper compulsory pilotage scheme in every other respect), a gross public impropriety appears to arise, to the benefit of the harbour authority and to the disadvantage of all other sectors of the public, particularly including the shipowners. (Obtaining a pecuniary advantage by deception- Section 16, Theft Act 1968.)
4. I hasten to add that in the overwhelming majority of areas where compulsory pilotage is applied, it appears to be applied properly, save only that it lacks any visible support from the Department for Transport or its subsidiaries. It appears quite clear that there is serious impropriety within the Department.
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Barrie Youde said on December 13, 2011 at 10:35 am
IN THE MIDDLE OF THE NIGHT
The risks involved in pilotage are very, very large,
Requiring highest standards of the man who’s put in charge.
At least the Master or the Mate who has examined been
At standards which show competence when questioned by The Queen:
Or else a Pilot Authorised at standards even higher,
To show all-round ability as time and tide require
To undertake the pilotage of truly any ship
Which seeks to navigate at all in storm and tidal rip.
All at a moment’s notice, in the middle of the night:
To ignore the laws of pilotage is folly at its height.
And if you seek to undercut those standards long since laid
You tempt the Devil and his works. Why is it? Greed in trade?
Or is it through your arrogance, to show that you can do it?
To be the wise guy, strutting, ‘cause, of course, you always knew it?
For you have no authority to cut the standards down;
And neither are you qualified, when sitting up in Town;
When pilotage is also held to be compulsory,
For protection of the public ‘gainst the perils of the sea.
All at a moment’s notice, in the middle of the night:
To ignore the laws of pilotage is folly at its height.
The law, d’you see, is wholly clear. It’s long been understood,
If you might care to read it. It is for the public good.
It is not to please the pilots, nor to irritate the trade:
But it is by propriety that all our laws are made.
The Master trusts his Pilot. That is why the Pilot’s there.
When the Pilot’s less than perfect, that’s the point of public care.
“The highest possible” is where the standard has to be
At common law when we are talking pilotage at sea;
All at a moment’s notice, in the middle of the night.
To ignore the laws of pilotage is folly at its height.
All those in Public Office, the Great Offices of State
Are bound by law as every bit the Master and the Mate,
As every bit the Pilot, too, when he is authorised;
As every bit the public, too. Let no man be surprised.
We are bound and we’re protected by the Act and all its words.
You seem to think that common law is strictly for the birds.
You’re wrong, my friend, please think again. Please do look at the law.
And care, please, for our coastline, life and property and more;
All at a moment’s notice, in the middle of the night.
To ignore the laws of pilotage is folly at its height.
BY
13.12.2011
Barrie Youde said on December 11, 2011 at 10:36 am
Dear Mr Finney,
Your comment that “There are now many vastly improved navigation and IT systems being used to help masters and officers to guide their ships safely” invites further comment, particularly in light of your observation that the truth, as always, lies beyond the rhetoric. The truth is that, human nature and commercial greed being what they are, the improvements in navigation and IT have done nothing to reduce the need for proper pilotage. The only effect of technical improvements upon pilotage is that pilots themselves have of course been obliged to master the technology.
By the same truths, the laws of compulsory pilotage remain in place and are exercised by harbour authorities (largely free of civil liability) to their own advantage by the imposition of financial charges recoverable as a civil debt; thus giving an easy route to financial impropriety if if the highest possible standards are not maintained in those areas where pilotage remains compulsory. There are a large number of such areas. When you were involved in establishing the 1987 Pilotage Act presumably you did not intend that there should be any scope for financial impropriety in its implementation. Wherever financial charges remain imposed by compulsion and the standards of service provided in respect of those charges are either reduced at will or else abandoned willy-nilly, the scope for financial impropriety is obvious; to say nothing of any increased risk to physical safety where the services provided are in navigation and the conduct of ships in fiercely tidal waters along the coastline and in the major estuaries and ports.
These observations are intended to assist you in understanding why there is so much public concern at the behaviour of the DfT in its determination to turn a blind eye to the common law of public propriety.