15/02/2020
PRESS RELEASE: Two Jet Ski users and a sailing yacht skipper have been prosecuted for contravention of harbour regulations and were found guilty by Worthing Magistrates Court on Friday 7th February.
The owners of two Jet Skis berthed within Littlehampton Harbour were each fined £200 and must each pay £30 victim surcharge and £500 costs after being found guilty of exceeding the speed limit on the River Arun between Littlehampton and Ford on 15th September 2019. The incident occurred just before sunset in a quieter part of the harbour and was witnessed by members of the public who were concerned about the welfare of other vessels using the river, as well as the more vulnerable paddlecraft and a seal which was in the immediate vicinity at the time. They made a formal report to the Harbour Master and submitted mobile phone footage which was instrumental in the prosecution.
In addition, the skipper of a 21ft sailing yacht berthed within Littlehampton Harbour was fined £300 and must pay £30 victim surcharge and £500 costs after being found guilty of not listening to the port’s designated VHF radio channel and subsequently impeding the passage of a large commercial vessel. The incident occurred on 3rd August 2019 whilst the harbour was temporarily closed to permit the safe entry of a 68 metre long dredger under pilotage. The yacht (like a number of others) initially appeared to be waiting to enter once the harbour had re-opened. However, the skipper then put the yacht and its crew at significant risk by making a very late entry ahead of the dredger at a comparably slower speed. After various attempts at contact by radio and ships whistle, the yacht had made no effort to adjust its course. The dredger’s Captain and the Littlehampton Pilot agreed that the risk of collision presented significant danger to life, and as the dredger could not slow down without losing control, the decision was made to abort the entry. The abort manoeuvre required the 1300 tonne ship with its 1200 tonne cargo to make hard turn to the left to bleed off momentum and avoid striking the harbour breakwater or running aground. The vessel then performed a tight figure of eight turn to line up for a second entry before the tide dropped too far and there would be a of risk grounding. Fortunately for the yacht’s crew, the dredger’s modern propulsion system made it much more manoeuvrable than most other recent commercial callers to Littlehampton who may not have been to safely abort and may even have been unable to prevent collision with the yacht. The full press release following the incident, which attracted international industry attention, contains further detail and imagery and can be found here: https://m.facebook.com/story.php?story_fbid=2411973638845731&id=180130608696723
The Harbour Master praised the quick actions of his staff and members of the public in their response to both incidents and hopes that these successful prosecutions will serve as a deterrent to future potential offenders. All harbour users are encouraged to report and (if safe to do so) provide evidence of breaches of harbour regulations to the Harbour Master as soon as possible.
Littlehampton Harbour Board, as a Statutory Harbour Authority, has the power to prosecute for breaches of its regulations (General Directions) or specific instructions orders given by its staff (Special Directions). The Littlehampton Harbour General Directions are referenced in statute via the Littlehampton Harbour Revision Order 2015 which updated the harbour’s establishing Act of Parliament (Littlehampton Harbour and Arun Drainage Outfall Act 1927). A person who fails to comply with a General Direction or Special Direction shall be guilty of an offence and liable on summary conviction in magistrate’s court to a fine of up to £2,500.
The Harbour Master would also like to make clear that in addition to not impeding the passage of vessels under pilotage, staying beneath the speed limit and adhering to various other safety regulations - it is a requirement (as well as common sense) for all vessels must carry a VHF radio. This VHF radio must be switched on and tuned in to the harbour’s assigned VHF channel (71) while underway within or on the approach to the harbour. Apart from not having a reliable means of calling for help whilst at sea should you get into trouble, not carrying a VHF means that you will not hear safety messages like port closures or hear distress calls from fellow mariners. The evidence shows that mobile phones simply cannot be relied upon at sea as a sole method of communication.
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