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| I can't see a red ensign on this surf board | The UK is considering moves to extend the legal definition of ‘ship’ to cover canoes, dinghies and even surfboards, putting them for the first time on the same footing as very large crude carriers and capesizes under shipping safety legislation. Given a widespread perception in shipping circles that watercraft users often put themselves or others in danger by reckless behaviour, the idea is likely to receive a broad welcome from the industry. If enacted, the proposal — currently the subject of a consultation paper from the Department for Transport — could even see so-called watercraft of this type given the right to register on the UK flag. A spokesperson for the DfT confirmed that this would make it legally possible for patriotic Britons to surf on UK-flag surfboards if they wish. It is not known whether any other country in the world offers such an opportunity. The consultation comes after a 2005 Court of Appeal ruling, known as ‘the Goodwin decision’, that jetskis do not count as ships within the meaning of the Merchant Shipping Act 1995. The DfT argues that this has left such craft effectively outside the scope of shipping safety legislation, making it impossible for courts to deal with reckless or dangerous activity. “We are therefore consulting on proposed legislation that would provide for every description of watercraft used or capable of being used as a means of transportation on water to come within the scope of merchant shipping legislation relevant to conduct endangering ships, structures or individuals,” the DfT said. In particular, the alcohol and drugs provisions of the Railway and Transport Safety Act 2003 may be applied to all watercraft. Also, as a result of the Goodwin decision, there is no power for owners of certain watercraft to register with the UK Ship Register, and one idea is for the sections of the Merchant Shipping Act providing for registration to be extended to all watercraft, no matter how small. The DfT is now inviting responses from interested parties, which must be submitted by September 29th. | 28/07/09 14:31 | |
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