BOROUGH OF POOLE
ENVIRONMENT OVERVIEW GROUP
1 FEBURARY 2007
REPORT OF HEAD OF ENVIRONMENTAL & CONSUMER PROTECTION SERVICES
REVIEW OF BOAT LICENCING CONDITIONS
Part of published forward plan : Yes
1 Purpose of Report
1.1 To consider adoption of requirements of the first national Maritime & Coastguard Agency (MCA) Code of Practice into boat licensing conditions.
2 Decision Required
2.1 To adopt requirements of the MCA Code of Practice “Sound practice, safer water” as applicable to conditions within boat licenses issued by the Council.
2.2 To make local variation to permit inboard petrol engines:-
2.2.1 That reference within Paragraph 7.3.1 of the MCA code requiring petrol engines to be outboard not be adopted in revised licensing conditions
2.2.2 That standards for inboard petrol engines are taken from the US Coastguard requirements.
2.3 That the revised boat licencing conditions be introduced on 1 January 2008.
2.4 That new licencing applications received after 1 January 2008 be required to meet licencing conditions. That vessels holding an existing licence on 31 December 2007 be required to meet the revised licencing conditions by 31 December 2012.
2.5 All equipment being replaced on existing licenced vessels to meet revised licencing conditions.
3 Background Information
3.1 The Council license motor vessels that operate within the confines of the Harbour carrying not more than 12 passengers for sport or pleasure.
3.2 Licence conditions are applied to maintain vessel safety and for the prevention of pollution.
3.3 The Council have appointed a marine surveyor to ensure compliance with structural, and safety requirements.
3.4 In addition to licensing the vessel, each operator is required to hold either a waterman’s licence issued by the Council which requires demonstrating knowledge of local conditions and bye-laws or a MCA qualification showing equivalent competency.
4. MCA Code of Practice
4.1 Following consultation the MCA and Association of Inland Navigation Authorities have published a Code of Practice relating specifically to small passenger vessels operating in inland waters. Poole Harbour falls within the definition of such waters.
4.2 Code of Practice standards relate to :-
· Vessel construction and structural strength
· Life saving and fire fighting equipment
· First –aid knowledge of the operator
· Pollution prevention
4.3 The code states it is not mandatory and authorities may make variations to reflect local conditions.
5 Current Situation
5.1 There are currently 15 vessels licenced. All comply with licensing conditions which were adopted approximately 20 years ago.
5.2 All current operators of licenced vessels and other interested organisations were invited to a briefing as to the details of the MCA Code of Practice. Each were given a copy and invited to make comments or objection to the Council adopting standards within the code as licencing conditions within a three month period.
5.3 Comments were received from :-
· Poole Harbour Commissioners supporting adoption
· From the operator of a wakeboard vessel expressing concern that his recently acquired vessel having an inboard petrol engine would not be licensable. Furthermore such vessels are designed with an inboard petrol engine.
6 Considerations
6.1 Of the fifteen vessels licenced three have inboard petrol engines. These are wakeboard vessels. Adoption of the MCA code in its entirety would prohibit the licensing of these vessels. The appointed Marine Surveyor advises that US Coastguard requirements in respect of petrol engines are satisfactory to permit such vessels to operate safety.
6.2 All licensed vessels comply with the MCA code structural and stability requirements. A number will need to update safety equipment, the appointed Marine Surveyor advises all vessels will be able to comply.
6.3 A five year lead in period for vessels currently lIcenced was suggested by the appointed Marine Surveyor which will permit replacement of time expiry equipment such as flares with new equipment meeting the revised conditions.
SHAUN ROBSON
Head of Environmental and Consumer Protection Services
Contact Officer: Jeff Morley
X1710
Background Papers : MCA Code of Practice “ Sound practice, safer waters”
:US Coastguard Standards Title 33 CFR Subpart J, Fuel
Systems dated 11/03
EXTRACT OF MINUTES OF ENVIRONMENT OVERVIEW GROUP – 1ST FEBRUARY 2007
8. REVIEW OF BOAT LICENSING CONDITIONS
The Head of Environmental and Consumer Protection Services submitted a report on the adoption of requirements for the National Maritime and Coastguard Agency (MCA) Code of Practice into boat licensing conditions.
He stated that the Council licensed motor vessels that operated within the confines of the Harbour carrying not more than 12 passengers for sport or pleasure. Licence Conditions were applied to maintain vessel safety and for the prevention of pollution. Additionally, the Council had appointed a Marine Surveyor to ensure compliance with structural, and safety requirements. In addition to licensing the vessel, each operator was required to hold either a Waterman’s Licence issued by the Council which demonstrated knowledge of local conditions and byelaws or an MCA qualification showing equivalent competency.
Following consultation, the MCA and Association of Inland Navigation Authorities published a Code of Practice relating specifically to small passenger vessels operating in inland waters. The Code of Practice standards related to :-
* Vessel construction and structural strength
* Life saving and fire fighting equipment
* First-aid knowledge of the operator
* Pollution prevention
The Head of Environmental and Consumer Protection Services drew attention to the fact that of the 15 vessels licensed, three had inboard petrol engines. These were wakeboard vessels. Adoption of the MCA Code in its entirety would prohibit the licensing of these vessels. The appointed Marine Surveyor advised that US Coastguard requirements in respect of petrol engines were satisfactory to permit such vessels to operate safety. All licensed vessels complied with the MCA Code structural and stability requirements. A number would need to update safety equipment and the appointed Marine Surveyor had advised that all vessels would be able to comply with the requirements. A five year lead in period for vessels currently licensed had been suggested by the appointed Marine Surveyor which would permit replacement of time expiry equipment such as flares with new equipment meeting the revised conditions.
RECOMMENDED that Cabinet be asked to:-
(i) adopt the requirements of the Maritime and Coastguard Agency Code of Practice “Sound Practice, Safer Water” as applicable to conditions within Boat Licensing issued by the Council;
(ii) make a local variation to permit inboard petrol engines;
(a) that reference within paragraphs 7.3.1 of the MCA Code requiring petrol engines to be outboard be not adopted in revised licensing conditions;
(b) that standards for inboard petrol engines are taken from the US Coastguard requirements;
(c) that the revised Boat Licensing conditions be introduced on 1st January 2008.
(iii) that new Licensing applications received after 1st January 2008 be required to meet licensing conditions that vessels holding an existing licence on 31st December 2007 be required to meet the revised licensing conditions by 31st December 2012; and
(v) that all equipment be replaced on existing licensed vessels to meet revised licensing conditions.
For: Unanimous
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