With the end of summer almost upon us, I thought it time to answer the question I have been asked the most over the last few weeks.
What are the minimum legal requirements aboard a private vessel?
In the UK, it's surprisingly easy to buy a boat and navigate both inland waterways and the open sea.
You aren't legally required to have an RYA Day Skipper licence or any formal training, nor do you need insurance. However, there are still some legal requirements that must be followed. The challenge lies in understanding these regulations without having undergone any training. How is someone supposed to know what they are if they haven't been taught?
We will not be looking at insurance requirements. Instead we will focus on the minimum you need to do to stay compliant with the UK law (and indeed international law).
SOLAS – What It Means to Skippers Like You
Maritime Radio – Vessel Requirements
Manning – Do You Need Your RYA Day Skipper Certification?
IRPCS (COLREGs) – More Than Just A Part of Your RYA Theory Course
Byelaws and Local Regulations – Where Do You Sail?
MARPOL – What You Need To Know
This article will cover the legal obligations of a pleasure vessel under 13.7m in length. A pleasure vessel is defined as a vessel used for the sport or pleasure of the owner or the immediate family or friends of the owner.
If it isn’t listed here, it isn’t a legal requirement for a pleasure vessel of less than 13.7m in the UK. If you are Heading abroad, you will need more than is covered in this article.
SOLAS – What It Means To Skippers Like You
The Safety Of Lives At Sea convention (SOLAS) is an international maritime treaty that came into fruition in 1914 because of the RMS Titanic disaster on 15 April 1912. It sets the minimum safety standards in the construction, equipment and operation of vessels at sea. The convention requires signatory flag states (including the UK) to ensure that ships flagged by them adhere to these standards. It is administered by the International Marine Organisation (IMO), a branch of the United Nations. At the time of writing, SOLAS has signatures from168 states which between them flag around 99% of merchant ships around the world in terms of gross tonnage. It’s not one you are likely going to be able to avoid.
Most of the SOLAS Convention applies to commercial shipping, but parts of Chapter V apply to small, privately owned pleasure craft. In the UK, the parts of SOLAS V which apply to small private vessels are:
Regulation 19 - Radar reflectors
Regardless of the size of your vessel, if you can, you should fit the largest radar reflector possible and fit it according to the manufacturer’s instructions.
Regulation 29 - Lifesaving signals
This regulation requires that an illustrated table describing the life-saving signals shall be carried aboard. This is freely available online and should be printed off and kept aboard (find a link here ) You can also buy copies of these signals on waterproof material from most chandleries.
Of course open boats may not be able to keep a copy aboard and the MCA acknowledges that. In these circumstances, they state that ‘the table should be studied before going boating’.
Regulations 31 and 32 - Danger messages
These regulations cover your responsibility to pass on information about navigation dangers to the Coastguard. For example, you should report dangerous obstructions, storms, and winds of Force 10 which haven’t already been broadcast. These reports should include the position, nature of the danger, time seen, and any other useful information. The Coastguard will broadcast any danger information to make it widely known.
Regulation 33 - Distress messages - Distress Situations: Obligations And Procedures
Regulation 33 can easily be summarised as: you are required to respond to any distress signal that you see or hear, and you must help anyone or any vessel as best you can.
In other words, if you see someone in distress, help them out.
Regulation 34 - Voyage or passage planning - Safe navigation and avoidance of dangerous situations
This regulation makes passage planning a requirement under law. The amount of planning required will vary depending on the size of your vessel and intended voyage. It should include tidal predictions, weather forecasts, dangers to navigation, berth to berth passage details, and contingency plans.
Whilst there is no laid down format for passage planning, I have added 2 at the end of this article as an example of what could be included.
Regulation 35 - Misuse of distress signals
This regulation simply states that distress signals must only be used when you are in distress and require assistance. Misuse of distress signals is illegal (so don’t set off your out of date flares on fireworks night).
You can find a copy of the RYA SOLAS chapter V summary here.
Maritime Radio - Leisure industry Requirements
There are no requirements for pleasure vessels to have a radio fitted to their vessel, however, it is highly recommended that everyone has suitable maritime radio equipment installed. If your vessel does have a VHF radio, EPIRB, AIS, ATIS, Radar, or other maritime radio equipment, this equipment must be licensed, and the vessels radio equipment must only be operated by (or under supervision of) a holder of a maritime radio operators certificate.
Radio equipment must also meet conformity requirements which can be found in the licence terms and conditions. In 2021, requirements to limit the exposure to electromagnetic fields were also introduced, though if your radio is fitted to manufacturers specifications this should not be an issue for you.
Full details of each of these requirements from OFCOM can be found here.
The RYA offer the short range certificate often referred to as the VHF licence. A link to the course can be found here.
Manning - Do You Need Your RYA Day Skipper Certification?
If your vessel is under 24m in length, or less than 80 GT, there is no manning requirements or required certification in the UK or on the high seas.
However, this rule will change if you motor towards Europe as every country has different manning and certification requirements. It is because of this we recommended the RYA Day Skipper qualification, which also entitles you to an International Certificate of Competence. This will keep you on the right side of the law should you venture further afield. If you are using a vessel that would not venture very far from shore, we would recommend the RYA Powerboat Level 2 as a minimum (you can also apply for the ICC with this qualification).
COLREGs – More than just a part of your RYA Course
The International Regulations for Preventing Collisions at Sea (IRPCS or COLREGs), specifically Rule 1(a), apply to all vessels navigating the high seas and connected waters that are navigable by seagoing vessels. Despite the vast expanse of open water, you will almost always encounter other vessels and must be aware of what to do when meeting the various scenarios you will encounter. From harbours with narrow entrances, to congested traffic separation schemes, In such situations, it's crucial to know whether you should maintain your speed and course as the stand-on vessel or yield to the other vessel. Failing to adhere to these rules either by giving way when you should stand on or vice versa can lead to confusion and potentially dangerous situations.
The COLREGs not only outline collision avoidance protocols but also specify the required shapes, lights, and sound signals that vessels must use. It's essential to thoroughly understand these regulations before heading out to sea, as ignorance of the rules is not an acceptable excuse. For a comprehensive guide, you can refer to the COLREGs published by the UK government here.
Enrolling on a powerboat course will help you understand some these 41 rules and 3 annexes. A day skipper theory course will enhance it somewhat.
Byelaws and Local Regulations – Where Do You Sail?
Regulations don’t just change as we cross international borders, Harbour Authorities are likely to have local byelaws affecting all craft. These could include speed limits, communications, SSSI’s and activity reporting procedures, restricted areas, and many more.
You should be able to find out what local regulations are in your area by visiting the harbour authority website, alternatively by researching the area in an almanac or pilot book. Much like driving and the highway code, ignorance is not a valid excuse and you could be fined or worse.
MARPOL - What you need to know
The International Convention for the Prevention of Pollution from Ships (MARPOL) was developed by the International Maritime Organisation but doesn’t directly apply to vessels less than 500 Gross Tonnes or carrying less than15 persons. That said, there are guidelines as to how waste should be managed in the UK. If you venture abroad, be mindful that many countries have made these guidelines law.
Outside of MARPOL, there are also regulations in the UK regarding air pollution prevention and the use of antifouling paints. Chapters 10 - 12 of this MGN details these regulations.
The RYA Green Blue website on sustainable boating is a great resource for exploring this topic further.
Summary
In this article I have highlighted the legal obligations boat owners have. It may have dawned on you as you were reading this article that there is a lot to understand before venturing out on your boat. Consider taking some formal RYA training to help you fully grasp your responsibilities, I highly recommend taking the Day Skipper course. We offer this as an online course from our Palma Sea School, look here for details. If you have completed the theory course or are confident you have the Day Skipper theory very much under your belt, the practical course is also on offer at our Palma Sea School look here for details . Not only is it a professional qualification, but it covers everything you need to know, from navigation, tides, and meteorology, to ropework, mooring, and electronic instrumentation. Should you choose to take your skipper qualification with Southwest Maritime Academy, you also gain unlimited access to our world-class instructors and professional mariners feel free to ask them about whatever you need to know.
Passage plan ideas
Option 1
Option 2
They may not cover everything you want to consider - feel free to copy and add or delete what you need.