MCA prosecute RIB owner

[Poly]

Man handed a suspended prison sentence after boating accident at Oulton Broad - YBW

[psycho]

Just a shame that they suspended the sentence.....!

[davkt]

Originally Posted by psycho

Just a shame that they suspended the sentence.....!

Yep, deserved to be put away

[sorabain]

Originally Posted by Poly

Man handed a suspended prison sentence after boating accident at Oulton Broad - YBW

"The dangers of travelling at speed at night over unlit water without lights are obvious."

Noob question: should you be using forward pointing lights when traversing such places on a dark night at any speed? The travelling at speed is part is obvious, wasn't so sure about the "without lights" part as i thought using lights might cause annoyance to others (killing their night vision etc). The wording in the article seemed to imply that not having lights was a bad thing (being over the limit and going at speed seem to be enough of a bad thing)

[Poly]

As a general principle you are right, your lights are so that your boat can be seen and identified, not so that you can see where you are going. As you say bright lights risk either your, or other skippers' night vision.

For picking your way through moorings or anchorages at night though a high power torch or search light can be very useful - not only to avoid fouling your prop but because for some reason yacht tenders often think the rules don't apply to them as it's only a few hundred yards and are found just after closing time unlit!

Even in daylight high speed around moorings is at least inconsiderate if not actually dangerous.

The thing that surprised me was the 15000 prosecution costs, had he done something similar in his car, and pled guilty I think I am right in saying he would only have had to pay high hundreds for the privilege of going to court. Is the assumption that all mariners are wealthy or are we* stung for the inefficiencies of the MCA prosecution team?

* well not me, because up here we don't charge people prosecution costs.

[willk]

That's a very interesting report. A few things struck me -

1. He wasn't "over the limit" - unless there is a speed limit and his actual speed is not stated. On the plane may be speeding in the Broads? 53mgs suggests maybe two pints of beer or have I got mixed up? I'm not in favour of drinking and boating, but it is not illegal.

2. Not co-operating with the MCA. He'd already been breathalysed presumably by the rozzers. I'd be guessing, but I suspect his legal team/Insurance Co. advised him to keep his yap shut until the potential case was heard. The MCA appear to have been enraged by this lack of respect for their Greatness.

3. The report says the RIB had no lights. It's not clear if they meant navigation or illumination. Only Nav lights are compulsory at night but would not have averted this incident. General illumination might have, but would be unusual to use under way at night (although it certainly is done around moorings and harbours). I think this was what they actually did him for: "Mr Barrett, who pleaded guilty for operating an unsafe vessel, contrary to section 100 of the Merchant Shipping Act 1995"

4. The report doesn't mention if the moored yacht had an anchor light on. If it wasn't attached to the shore, it should have done.

5. I suspect that a lot of the heat was applied because the gent in question behaved like an @rse throughout.

[Brian]

- unless there is a speed limit and his actual speed is not stated. On the plane may be speeding in the Broads?


As far as I know (or AFAIK for phone freaks) there is a speed limit on the broads. I forget how much but it is very slow, almost sleep inducing (maybe 4knots??).

[Tim M]

Originally Posted by Brian

- unless there is a speed limit and his actual speed is not stated. On the plane may be speeding in the Broads?


As far as I know (or AFAIK for phone freaks) there is a speed limit on the broads. I forget how much but it is very slow, almost sleep inducing (maybe 4knots??).

Correct, so even without knowing what his exact speed we know for sure he was speeding as that sort of damage doesn't occur at 4mph!

There's a host of other bylaws applicable to the Broads - I believe there's also a bit in there about being under the influence.

[lakelandterrier]

Originally Posted by willk

53mgs suggests maybe two pints of beer or have I got mixed up? I'm not in favour of drinking and boating, but it is not illegal.

.
I guess the local paper - with the high standards of journalism & accuracy many have - are judging the alcohol level with that for the legal road vehicle driving limit in England & Wales - 35mg/100ml breath- against which he was 1 1/2times the limit. As you say, there's no absolute rule on the water.

Speed limits on the Broads seems to vary between 3mph to a heady 6 mph, so he must have been well in excess of that to cause the damage / injuries. I wonder what the max penalty for speeding on the Broads is - £1,000?which may be why he was prosecuted under other laws.

[Last Tango]

I remember watching powerboat racing on Oulton broad years ago.
Is it not an unrestricted open area of water?

[ShinyShoe]

Originally Posted by willk

1. He wasn't "over the limit" - unless there is a speed limit and his actual speed is not stated. On the plane may be speeding in the Broads? 53mgs suggests maybe two pints of beer or have I got mixed up? I'm not in favour of drinking and boating, but it is not illegal.

What's the deal with Section 80 of the Railways & Transport Safety Act 2003?
It prescribes a limit... but the RYA says its not enforcable?
Interestingly it doesn't appear to have a section for failure to provide!

2. Not co-operating with the MCA. He'd already been breathalysed presumably by the rozzers. I'd be guessing, but I suspect his legal team/Insurance Co. advised him to keep his yap shut until the potential case was heard. The MCA appear to have been enraged by this lack of respect for their Greatness.

Didn't want the officials involved (he holed another boat!), didn't think his family needed to go to hospital, he got chucked out the hospital.

3. The report says the RIB had no lights. It's not clear if they meant navigation or illumination. Only Nav lights are compulsory at night but would not have averted this incident.

I think this is a bit like the Cheeki situation. There isn't a particularly good law to slap them with, but a basic glance over the boat lets you find its missing lights and so you have something to pin on them. Like pulling over the car with a faulty brake light... and much like when they do - if they get met with appologies etc the worst you will get is a £60 fine, more likely advice. But if you give them lip - expect to get pulled to pieces etc...

4. The report doesn't mention if the moored yacht had an anchor light on. If it wasn't attached to the shore, it should have done.

Which is interesting because virtually no-one on a **MOORING** displays anchor lights.

5. I suspect that a lot of the heat was applied because the gent in question behaved like an @rse throughout.

Yip.

[ShinyShoe]

Originally Posted by Poly

for some reason yacht tenders often think the rules don't apply to them as it's only a few hundred yards and are found just after closing time unlit!

If its rowing - it only needs a torch.
If its powered <7m, <7kts max speed. all round white... they are usually waving their iPhone round searching for their yacht... ...is that not enuf ;-)

The thing that surprised me was the 15000 prosecution costs,

Is the assumption that all mariners are wealthy or are we* stung for the inefficiencies of the MCA prosecution team?

* well not me, because up here we don't charge people prosecution costs.

Unless his insurer is covering the costs -- in which case we are all paying... ...I very much doubt that being from North of the Wall affects your premium.

[beamishken]

Does the yacht need an anchor light when on a mooring? Technically it's moored not anchored my boat lives on a mooring but doesn't display a light

[Poly]

Originally Posted by ShinyShoe

What's the deal with Section 80 of the Railways & Transport Safety Act 2003?

It prescribes a limit... but the RYA says its not enforcable?

Because s80(1-3) has not come into force, it required the Secretary of State to pass a Statutory Instrument - see s120.

Interestingly it doesn't appear to have a section for failure to provide!

There is. You need to look harder.

[Tim M]

Originally Posted by Last Tango

I remember watching powerboat racing on Oulton broad years ago.
Is it not an unrestricted open area of water?

Boats engaged in racing as part of an organised event are exempt. Speed limit applies to everyone else.