Warning for powered watercraft users as new legislation comes into force
Anyone using a powered watercraft, such as a jet ski, is being warned to make sure they use them safely or risk facing prison or unlimited fines.
New legislation, which comes into force today (31 March 2023) puts the responsibility on users, operators and owners of powered watercraft to make sure they protect not just themselves but other water users from harm.
If someone on a powered watercraft causes serious injury or death they can be prosecuted. There are also provisions allowing prosecution for other dangerous uses of a powered watercraft.
Under the new law, the parts of the Merchant Shipping Act designed to keep all those on the water safe from accidents now apply to powered watercraft as well as to fishing vessels and larger ships. The new law also mean powered watercraft must obey the ‘rules of the sea’, which are designed to prevent collisions.
Maritime Minister Baroness Vere said:
While it’s great to see more and more people enjoying our country’s coasts and waters, safety will always be our top priority.
Our new law will help to ensure anyone using watercraft like jet skis dangerously can be more easily prosecuted, helping to prevent avoidable accidents and tragedies.
Neil Cunningham, head of Regulatory Compliance investigations, said:
This legislation is a warning to anyone who uses a powered watercraft, such as a jet ski, in UK waters to make sure they use them safely.
They will be held accountable by the same laws that apply to ships and fishing vessels in order to help prevent accidents. Users, operators and owners of jet skis and other watercraft should make sure they are fully aware of their responsibilities under the legislation, before operating them. The MCA has powers to prosecute those responsible for serious breaches of the legislation and perpetrators could find themselves facing a fine and/or up to 2 years in prison.
Read the marine guidance notice (MGN) in full: MGN 684 (M) Safety of powered watercraft.
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Background
When does this come into force?
The Merchant Shipping (Watercraft) Order 2023 comes into force on Friday 31 March 2023.
What kind of watercraft does this apply to?
The new laws apply to any type of powered watercraft (such as a jet ski or motor boat) of any size that is capable of moving under its own mechanical power, can carry one or more people and can be used wholly or partly in or on the water. It does not matter what kind of power is used, so electrically powered vessels of any size, including things like eFoils, are covered by this legislation.
Does this mean I cannot use my powered watercraft on the sea?
No. It just means you need to use it sensibly and responsibly. This is not about stopping people enjoying themselves on the water, this is about making sure that powered watercraft are used in a way that does not cause distress or danger to others.
Does the new legislation apply to canoes and kayaks?
No. It only applies to powered watercraft which have an engine or motor installed – even if it is not being used. It does not apply to any watercraft that are purely human-powered (for example, rowing boats, canoes and kayaks), pedal-powered (for example, a pedalo) or wind-powered (for example, a dinghy or kite board) although anyone using any watercraft should always do so safely and be aware of their responsibilities to other water users.
Will you now need a qualification to use a jet ski or other powered watercraft?
No. This does not introduce qualification or training requirements for powered watercraft. However, everyone using a powered watercraft, including any passengers, must make sure they act responsibly and safely.
Can I still let other people use my jet ski or other powered watercraft?
Yes, you can but you should make sure they know how to use it and that they understand it is their responsibility to use it safely. You should also be aware that as the owner, you could also be liable if the user acts dangerously while using it on the water.
Do these new rules apply across the whole of the UK?
The powers listed in the Merchant Shipping Act that cover dangerous use and a failure by owners to make sure they’re using their personal watercraft safely generally apply within UK waters. This includes any waters, salt of freshwater, tidal or otherwise, inland or sea navigable within the 12-mile limit which defines UK waters.
Much of the new law also apply to lakes, lochs, rivers and streams and canals.
What happens if someone is beyond that 12-mile limit?
The International Regulations for Preventing Collisions at Sea 1972 known as COLREGs apply to UK watercraft wherever they are in the world. Anyone using a powered watercraft that does not follow the COLREGs can be found to be in breach of that international law and prosecuted through provisions made in the UK’s Merchant Shipping Act.
Do COLREGs apply to all UK waters?
No. COLREGs apply to all vessels upon the high seas and all waters connected to the sea. COLREGs do not apply to UK waters which are wholly landlocked. However, there are other powers for prosecuting dangerous behaviour by those using their personal watercraft in such waters through the Merchant Shipping Act, or through local byelaws.
How can I report someone acting dangerously on the water?
If you think someone is acting dangerously on the water and you think life is at risk, then call 999 and ask for the Coastguard or the police.
Partner agencies should call the MCA’s Regulatory Compliance Investigation Team on +44 (0) 203 81 72490 or email mca.investigations@mcga.gov.uk
What action can the MCA take?
Your powered watercraft could be detained if MCA inspectors believe it to be dangerously unsafe and further use could result in danger to human life. A decision to detain a powered watercraft must be explained and there is an appeal process and compensation available if an independent arbitrator decides that this was invalid.
Criminal investigations will be instigated by the MCA for significant breaches. Typical offences will include pollution; breaches of COLREGs; unsafe operations by owners; conduct endangering ships, structures or individuals; carriage of dangerous goods; and fraud (seafarer documentation).
How will the MCA prosecutions work alongside any police investigations?
The MCA is not the only enforcement body. Police forces, local authorities and harbour authorities also have powers under the Order, and for many issues and concerns these bodies are likely to be an appropriate first port of call (and can refer matters to the MCA if appropriate). MCA investigators work alongside other organisations where there are potential offences that cover more than one aspect of the law.