Ministry says surfboards are ships
SURFERS, canoeists and families using dinghies could face jail if they are involved in an accident under plans to subject them to the same safety rules as oil tankers and cruise liners.
The Department for Transport (DfT) wants anything that takes to the sea to be covered by laws aimed at reducing accidents.
It raises the prospect of amateur body-boarders being breathalysed to see if they have been drinking and windsurfers prosecuted if they are deemed to have become a safety hazard.
Last night, critics described the plan as "bonkers" and insisted only craft with an engine should be included.
A long list of apparently innocuous pastimes – usually enjoyed close to the water's edge – risks being swept up into Merchant Shipping legislation as part of a crackdown on jet-skis.
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Ministers want to "include every description of watercraft" in laws on "safety, conduct endangering ships, structures or individuals and drugs and alcohol offences". Some offences carry a possible prison sentence of up to two years while others could see fines imposed of up to £50,000.
As well as jet-skis, small hovercraft and speedboats, the Government is considering imposing the new rules on body-boards, boogie-boards, canoes, kite-surfing boards, sailboards, skim boards, wind surfers and sailing dinghies.
The plans have outraged water sports enthusiasts. Rob Barber, owner of Britain's only body-boarding school, based in Newquay, Cornwall, said the plan was "a bit extreme" and would be too "bizarre" to enforce.
"Common sense says you don't go on a surfboard when you are drunk anyway – it's not something you want to do. It's a bit like grouping every single vehicle from a kid's tricycle all the way up to an articulated lorry."
He suggested there should be a distinction between watercraft with engines and those without.
Mark Hunter, director of the Hunter surfshop in Woolacombe, North Devon, said the plan was "absolutely bonkers".
"The idea of blanket legislation which goes from an oil tanker to a dinghy is just incredible. There is a massive difference between powered craft going at 90mph in a crowded area and something that is using the power of the ocean."
The proposals are part of a consultation launched by the DfT in the wake of a court case which exposed a legal loophole, allowing a jet-skier to avoid a jail sentence.
Appeal Court judges ruled a jet-ski could not be considered a ship after Mark Goodwin, 25, was jailed for six months following an accident on his Yamaha jet-ski off Bowleaze Cove, Weymouth, in 2004.
The judges said the jet-ski was not a seagoing ship and so not subject to the Merchant Shipping Act. Mr Goodwin's conviction was overturned.
However, the DfT has insisted the plan will only target those who "spoil the fun of everyone else". A spokesman said: "The intention of the proposed amendment is to close the legal loophole in respect of watercraft of all types.
"Everybody should be free to enjoy themselves on the water in the knowledge that there are sanctions to deal with those who would put their safety at risk.
"These proposals will ensure that appropriate measures can be taken to prevent the irresponsible few spoiling the fun of everyone else."











58 Comments
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by jon, st.ives
Friday, July 31 2009, 3:07PM
“orwell - machiavelli - kafka -'new 'labour'”
by molly, uk
Thursday, July 30 2009, 10:25AM
“i am am having surfing lessons with u on the 3rd august”
by Hassan Ingram, Morocco
Tuesday, July 28 2009, 7:13AM
“Haha! too funny, talk about trying to control everyone! pathetic and no chance for the Minister to accomplish this, its simply stupid and pathetic! one reason why i don't live in the UK now too many rules and laws! cant actually have any freedom.”
by Dillon, Devon
Thursday, July 23 2009, 9:46PM
“'Poor journalism', eh, Theo. Perhaps you'd like to offer us some insight into what you do - or have done - so that we can compare (or contrast) that effort with those of journalists who, if they're good, get into the minds of those who purport to run our country and who file copy to tight deadlines.
But I must declare an interest, here: I are one.”
by George Fairbank, Tiverton
Thursday, July 23 2009, 8:53PM
“So Theo only wants newspapers to print links to the web so that he can view consultation documents and decide for himself.
Maybe he should practice what he preaches, and just publish a web link to the 'thoughts of chairman Theo.' That way, we wouldn't have to read his drivel on this forum, but could choose to avoid him completely.”
by Bruce, Cornwall
Thursday, July 23 2009, 6:05PM
“Am trying to bite one's lip here, West yorks person cannot be for real. No-one could possibly be that stupid, apart from the comments, taking an inflatable into the sea!!?? He might think a little differently when someone who has experience of the water fishes him out when he gets caught in a rip. Ah well makes me feel better for shouting at tourist for lobbing his hired board over the waves at Gwith rather than paddling! Legislation, impossible to enforce and dumb, power boats yes but under your own steam, NOI!”
by Reg, Portugal
Thursday, July 23 2009, 11:02AM
“It is agreead that bathers and boarders alike should be able to use the sea in their "own" areas. Boards, however, have a habit of "straying" beyond their own flags and into swimming areas. Now, whilst this is further out that really shouldn't present a problem, but when they do so closer to the water's edge where you have many more water users, it is time to reflect on their use. I have seen 3 incidents in similar circumstances and the boarders did not care a hoot. Each resulted in head injuries. This is not right. Yes, there are cautious users but there are also idiots who think they own the water once on a board - I hate to say this, but, generally these are "emits". Let's all use the water but if boarders are wrong (with what are lethal weapons in the water) they should be heavily punished.”
by An interested by stander, Cornwall
Thursday, July 23 2009, 9:25AM
“Surely the public who like to use the sea for all sorts of water sports and activities such as angling need to show common courtesy. For example the tourist to coastal towns should respect that there are locals who use the sea and beaches all year round because it is their home in most situations. The locals need to respect the tourists who want to use the beaches and sea during their vacation which should be enjoyable and free from incidents.
I think most people do in most cases, but sometimes there are genuine accidents and sometimes people are wreckless in their actions.
I am sure this is attitude is reflected in a small percentage of people across the country E.g. Speeding and wreckless motorists.
These poor attitudes need to change, so instead of saying it is my right to use the sea wrecklessly and sod the consequences to it is my right to use the sea wisely and I have to be responsible with my actions.
Also, will these proposals need the life guards who do a good job in providing a life saving service to police the seas as well?
Watch this space all the surf cams will be used as evidence against people of use the sea in a wreckless fashion or there will be CCTV on a most life guard stations.
I think this is London/Europe bureacracy gone mad, without completely understanding rural / coastal matters fully.
However, there is a point here and it is to show respect and consideration to all throughout the country, whether it is on the sea, in our cities, towns and villages, in our dewindling pubs, or on our roads.”
by Charles Henry 1945-(diuturnity), Somersetshire
Thursday, July 23 2009, 8:37AM
“:( I see the Fabian society's emmet who outstayed his welcome is back. . Of course he's probably grumpy because of the Norwich by-election. . I expected him to be somewhere trying to fix a few more postal votes. . That's what they normally do when they get desparate.”
by Alison, Cornwall
Thursday, July 23 2009, 8:18AM
“Perhaps the head honchos in London don't seem to realise how much tourism in this part of the country relies on these 'blonde poseurs', an industry that they take full advantage of with their second homes.
If you take away the surfers from places such as Newquay, you take away the main core of its tourism market. People depend on jobs and money that involve the surfing industry, from the shops that sell the clothes to the schools that teach people and the cafes on the beach (which you probably have frequented Mr Lilo). If you start needlessly introducing regulations, you will put the tourists off. The genuine surfers know the etiquette and know to look out for themselves and others, so hopefully won't be put off. We shouldn't target those who know the rules of the sea and respect it, we should be targetting those who have no clue what the flags mean for example and think that just because they are holiday here they can do whatever they like, regardless of the consequences. After all, they don't live here so who cares, right?! And I'm sure that includes you Mr Lilo-lover.
The surfing industry is not just about looking pretty on a board, it is also hevaily involved in environmental campaigning - look at the Surfers Against Sewage website - and humaniatrian causes such as Surf Relief, set up in the wake of the Tsunami tragedy. We are also advancing the scientific nature of surfing with completely eco-friendly boards. For true surfers, it is much more than sport - we monitor weather charts, we understand the topography of beaches, we travel to far-flung places not just in search of waves, but also other cultures - we aren't as stupid as you think we are Mr Lilo. Do you really want to take all that away, which might be the worst-case scenario should these rules be enforced.
Also, I didn't realise that you could go 'lilo-ing' in West Yorks. My geography must be seriously wrong - perhaps daddy didn't spend enough money on my education or are you simply a tourist who knows best?”