Consultation Survey Small Passenger Boat Broads Authority

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					Consultation Survey: Small Passenger Boat Operator Licensing and Small Passenger Boats
The Broads Authority welcomes your support for the Licensing Scheme for Small Passenger Vessels in the Broads Authority navigation area and adjacent
waters. Please take time to complete this survey and return in the Freepost envelope enclosed by Monday 19 September 2011. If you would prefer to
complete the survey online you can find the survey on the ‘Have Your Say’ page at http://www.broads-authority.gov.uk/authority/consultations.html.

Scope

These Draft Passenger Boat Licensing conditions relate to all skippered vessels which are let for hire to passengers. For further details on application,
please refer to the accompanying guidance notes.

We will endeavour to incorporate your comments and suggestions to assist in the development of pragmatic licensing conditions and framework for the
development and implementation process of the Scheme. This document should be read in conjunction with the accompanying guidance notes for further
information relating to each condition.

Definitions

“the Authority” means the Broads Authority
“the Operator” means the person or body named in the licence
“the Vessel” means any vessel listed in the Schedule of the licence
“Skipper “ means any person whether the owner or master lawfully having or taking command or charge or management of the vessel for the time being.
“Passenger” means any person carried in the vessel. Except:
      a)   A person employed or engaged on the business of the Vessel.
      b)   A person on board the Vessel either in pursuance of the obligation laid upon the master to carry shipwrecked distressed or other person, or by
           reason of any circumstance that neither the master nor owner nor the charterer (in any) could have prevented or forestalled; and
       c) A child under one year of age.
“Crew” means the skipper and any person employed or engaged on the business of the vessel.
“Power Driven Vessels” mean any Vessel powered by internal (e.g. spark or compression ignition) or external combustion engines (e.g. steam engine) or
electric motors, but excludes motorised sailing vessels
“Sailing Vessel” means a vessel which is designed to be navigated under wind power alone and for which any motor provided is an auxiliary means of
propulsion

Note that some conditions are repeated both in the operator licence conditions and the vessel conditions; this is deliberate and allows for the conditions to
apply both to the operators and the vessel.




      PBCL – Ver 2
      July 2011                                                               1
Name

Business Name

Business Address
Email Address
                                                                                                    Telephone

     Proposed Operator Conditions                                       Issue                               Comments
1    (a)    Each Vessel is licensed to carry the number of              Note the sizes of the notices.
            persons indicated against the Vessel in the Schedule.       Do you foresee the application
     (b)    The number of persons that the Vessel is licensed to        of these conditions as creating
            carry must be conspicuously displayed on the Vessel         an issue?
            using a notice or notices provided by the Authority.        Operators will need to supply
     (c)    A Vessel must not carry any number of persons in            to the Authority results of a
            excess of that permitted by this Licence.                   stability test or calculations on
     (d)    A vessel must not carry more than 12 passengers.            application which will ultimately
                                                                        set the upper limit for the
                                                                        number of persons allowed on
                                                                        the vessel under the licence.
                                                                        Do you foresee any issues with
                                                                        this requirement?

2    a.     The Operator must hold and maintain throughout the          Do you consider this condition
            period of this licence current public liability Insurance   will create an issue for
            cover with a minimum indemnity of two million pounds.       Operators?
     b.     The Operator must, when required by the Authority to
            do so produce satisfactory evidence of such insurance
            in relation to any vessel.

3    The Operator throughout the period of this Licence must            Do you consider this condition
     comply with all elements of the Association of Inland              will create an issue for
     Navigation Authorities (AINA) /Maritime and Coastguard             Operators?
     Agency (MCA) Inland Waters Small Passenger Boat Code               Note: Section 26 of the code
     Except:                                                            has been superseded by the
                                                                        Boatmaster licence regulations
       a)      Section 26 “Manning-the Skipper”                         and Annex 8-1 has been
                                                                        superseded by the Hire Boat
       b)      Annex 8-1 Stability “Motorised Vessels”.                 Code Part 1.
    PBCL – Ver 2
    July 2011                                                                      2
     Proposed Operator Conditions                                  Issue                              Comments
4    The Operator must ensure that skippers are qualified in       This is the new MCA
     accordance with The Merchant Shipping (Inland Waterway        Boatmaster Licence note under
     and Limited Coastal Operations) (Boatmasters’                 the regulation there are
     Qualifications and Hours of Work) Regulations 2006.           equivalent qualifications
                                                                   Do you foresee this as an
                                                                   issue?

5    The Operator must ensure that power driven vessels            This condition re-introduces the
     comply with the stability requirements set out in British     stability requirements for power
     Marine Federation (BMF)/Association of Inland Navigation      driven vessels which is set out
     Authorities (AINA) /Maritime and Coastguard Agency (MCA)      in the code. Do you foresee
     Code for the Design and Construction and Operation of         this as an issue?
     Hire Boats, Part 1

6    The Operator must on a regular basis carry out suitable and   Do you foresee this as an
     sufficient assessment of the risks associated with the        issue?
     activity of operating passenger vessels. The frequency of
     this assessment will depend on the nature of the risk but
     must be no less than annually. In addition:
     a. The Operator must promptly act upon the findings of
         any such assessment where a risk is identified.
     b. The Operator must ensure that these assessments are
         fully documented and readily accessible for inspection
         by an authorised representative of the Authority.

7    The Operator must keep proper records which show:             Do you foresee this as an
     (a) When any Vessel has carried passengers.                   issue?
     (b) Prior to departure the number of passengers carried
         and details of the crew members and the intended
         journey are to be reported to a nominated point of
         contact ashore.
     (c) The emergency procedures to cover at least;
                 i.  Man Overboard
                ii.  Fire
               iii.  Collision
              iv.    Grounding
                v.   Sinking
              vi.    Engine/ Steering Failure
              vii.   Passenger or Crew unwell
             viii.   Aggressive or unruly Passengers
     (d) The requirements of 7(b) do not apply to Operators of
         ferries which have a journey time not exceeding 10
         minutes duration.

    PBCL – Ver 2
    July 2011                                                                3
      Proposed Operator Conditions                                    Issue                                Comments
8     The Operator must make available for inspection, to any         Could you foresee this as an
      person authorised by the Authority for this purpose, any        issue?
      records required by this Licence.

9     (a).    The Skipper must ensure that all persons on board       Do you consider this condition
              are given:                                              will create an issue for
                                                                      Operators?
               (i) An appropriate safety briefing in accordance
               with Association of Inland Navigation Authorities
               (AINA) /Maritime and Coastguard Agency (MCA)
               Inland Waters Small Passenger Boat Code Annex
               12.

      (b)     The Operator must record in writing and retain
              details of all briefings, demonstrations, and
              instructions given under paragraph 9 (a).

      (c)     The Authority may carry out sample audits of the
              briefings referred to in paragraph 9 (a).


10    If any changes occur in the ownership or particulars of any     Is this an issue?
      Vessel during the term of the Licence, the Operator must
      give written notice of such change(s) to the Authority within
      14 days of the change(s).

11    The Operator throughout the period of this Licence              Do you envisage any issues
      must hold an authorised Maritime and Coastguard                 with this condition?
      Agency Search and Rescue Co-operation Plan.

12    The Operator must report any accident in accordance with        This is in line with the statutory
      The Merchant Shipping (Accident Reporting and                   requirements placed on the
      Investigations) Regulations 2005 to the Broads Authority        Navigation Authority and the
      and the Marine Accident Investigation Branch.(MAIB)             Operator to report incidents to
                                                                      the MAIB. Is this an issue?

13    This Licence must not be altered, damaged or defaced in         Do you envisage any issues
      any way.                                                        with this condition?

14    This Licence or a true copy of it may be displayed for public   Is this an issue?
      view at the premises from which any Vessel is hired but
      must be removed from public display in the event that it is
      suspended, revoked or has expired.

     PBCL – Ver 2
     July 2011                                                                   4
      Proposed Operator Conditions                                     Issue                               Comments
15    The Authority may suspend or revoke this Licence in the          Do you envisage any issues
      event of any breach of these conditions if the Authority         with this condition? Any
      considers it is necessary or desirable in the interests of the   instance of this condition being
      public.                                                          enforced will be subject to our
                                                                       enforcement procedure as set
                                                                       out in the Guidance notes.

16    This Licence must be returned to the Authority within 7 days     Do you envisage any issues
      if:                                                              with this condition?
      a. The Operator has ceased the activity for which the
          Licence has been granted or,
      b. The Authority has revoked the Licence.

17    This Licence will remain in force, unless previously             It is proposed that the licensing
                                                                                            st
      suspended or revoked, until _________________.                   year will run from 1 April each
                                                                       year for a period of 12 months,
                                                                       to include any licencing in the
                                                                       annual tolls renewal and
                                                                       therefore reduce the
                                                                       administarative burden and
                                                                       ultimately costs to the operator.
                                                                       Do you envisage any issues
                                                                       with this condition?

18    The Licence is personal to the Operator and is not               Do you envisage any issues
      transferable except with the written agreement of the            with this condition? See
      Authority.                                                       Guidance notes.

19    The Authority reserves the right to modify, alter, revoke or     Is this an issue?
      add to these conditions, should it be necessary or desirable     Consultation on any changes
      in the interests of the public to do so. Such variations will    to conditions will be subject to
      have effect as and when specified by the Authority.              consultation with the British
                                                                       Marine Federation, the
                                                                       Passenger Boat Association
                                                                       and the Broads Hire Boat
                                                                       Federation, the Royal Yachting
                                                                       Association and the Inland
                                                                       Waterways Association

      Proposed Vessel Conditions                                       Issue                               Comments
1     Each vessel must comply with the construction and                This condition relates to the
      equipment standards imposed by the Authority under               requirement for a Boat Safety
      section 12 (2) (b) of the Broads Authority Act 2009.             Scheme Certificate.
                                                                       Do you foresee any issues with
     PBCL – Ver 2
     July 2011                                                                    5
     Proposed Operator Conditions                                   Issue                               Comments
                                                                    this condition?

2    Each vessel must be in maintained in sound condition.          Do you envisage any issues
                                                                    with this condition?

3    Each Vessel must comply with the requirements of all           Do you consider this condition      Operators will be required to carry out a stability and
     elements of the Association of Inland Navigation Authorities   will create an issue for            loading test or calculations where appropriate, to
     (AINA) /Maritime and Coastguard Agency (MCA) Inland            Operators?                          ascertain the passenger carrying capacity of their
     Waters Small Passenger Boat Code Except:                                                           vessels. Do you see any issues relating to these
     a)      Section 26 “Manning-the Skipper”                       Note, Section 26 of the code        requirements?
                                                                    has been superseded by the
     b)       Annex 8-1 Stability “Motorised Vessels”.              Boatmaster licence regulations
                                                                    and Annex 8-1 has been
                                                                    superseded by the Hire Boat
                                                                    Code Part 1.

4    Each power driven vessel must comply with the stability        This condition re-introduces the
     requirements set out in British Marine Federation              stability requirements for power
     (BMF)/Association of Inland Navigation Authorities (AINA)      driven vessels which is set out
     /Maritime and Coastguard Agency (MCA) Code for the             in the code. Do you foresee
     Design and Construction and Operation of Hire Boats, Part      this as an issue?
     1

5    (a)     Each Vessel is licensed to carry the number of         Note the sizes of the notices.
             persons indicated against that Vessel in the           Do you foresee the application
             Schedule.                                              of these conditions as creating
                                                                    an issue?
     (b)     The number of persons that the Vessel is licensed      Operators will need to supply
             to carry must be conspicuously displayed on the        to the Authority results of a
             Vessel using a notice or notices provided by the       stability test or calculations on
             Authority.                                             application which will ultimately
                                                                    set the upper limit for the
     (c)     A Vessel must not carry any number of persons in       number of persons allowed on
             excess of that permitted by this Licence.              the vessel under the licence.
                                                                    Do you foresee any issues with
     (d)      A Vessel must not carry more than 12 passengers.      this requirement?

6    Any Vessel used for carrying passengers which is fitted with   This is required under the GS
     gas-fuelled equipment must be fitted and maintained in         (IU) R regulations. Do you
     accordance with HSE, Gas Safety (Installation and Use)         foresee any issues with this
     Regulations 1998 and where relevant hold a current             condition?
     Landlords Gas Safety Certificate.

7    a. Any Vessel which, following the issue of this Licence, is   Refer to guidance notes. Do
    PBCL – Ver 2
    July 2011                                                                  6
      Proposed Operator Conditions                                      Issue                              Comments
      changed in a way defined in paragraph 7(b) must be                you foresee any issues with
      subjected to a stability and loading test of a type approved      this condition?
      by the Authority before the Vessel is offered for hire, and
      the results of the test must be submitted in writing to the
      Authority within 28 days of the test being carried out.
      b. “Changed” means:
          (i) Changed in engine type or engine model, or
                internal or deckhouse arrangement or
          (ii) Subject to a change in the amount of distribution of
                ballast or permanent weights of more than 3kg per
                metre of hull length are added or removed
          (iii) Any weight is added above the height of the
                deckhouse.

8     A buoyancy aid or lifejacket, of an appropriate size and          This condition requires the
      type, complying with the relevant European standard and fit       mandatory issue of life-jackets.
      for purpose must be provided for each Passenger.                  Do you envisage any issues
                                                                        with this condition?

                                                                        Would you prefer that the issue
                                                                        of life jackets was based on the
                                                                        outcome of operators written
                                                                        Risk Assessment?

9     Any vessel, must be fitted with a bilge pump which is             Do you envisage any issues
      appropriate in size to the Vessel or carry one bailer or          with this condition?
      bucket in either case with a capacity of at least 1.2 litres (2
      pints) of water.

10    Any Vessel must have the facility to enable persons to re-        Do you envisage any issues
      board the vessel from the water in the event of falling           with this condition?
      overboard. This may be a fixed boarding system or a
      temporary system that could be deployed when required

11    Any Vessel with an exposed propeller shaft or other               Do you envisage any issues
      exposed moving parts within the passenger or                      with this condition?
      accommodation area must be fitted with a suitable guard.

12    This Licence must not be altered, damaged or defaced in           Do you envisage any issues
      any way.                                                          with this condition?

13    This Licence or a true copy of it may be displayed for public     Do you envisage any issues
      view at the premises from which any Vessel is hired but           with this condition?
      must be removed from public display in the event that it is
     PBCL – Ver 2
     July 2011                                                                    7
      Proposed Operator Conditions                                     Issue                               Comments
      suspended, revoked or has expired.

14    The Authority may suspend or revoke this Licence in the          Any instance of this condition
      event of any breach of any of these conditions if the            being enforced will be subject
      Authority considers it necessary or desirable in the interests   to our enforcement procedure
      of the public.                                                   as set out in the Guidance
                                                                       notes. Do you envisage any
                                                                       issues with this condition?

15    This Licence must be returned to the Authority within 7 days     Do you envisage any issues
      if the Authority has revoked the Licence.                        with this condition?

16    This Licence will remain in force, unless previously             It is proposed that the licensing
                                                                                                st
      suspended or revoked, until ________________.                    year will run from the 1 April
                                                                       each year for a period of 12
                                                                       months, this is in order to
                                                                       include any licencing in the
                                                                       annual tolls renewal and
                                                                       therefore reduce the
                                                                       administrative burden and
                                                                       ultimately costs to the operator.
                                                                       Do you envisage any issues
                                                                       with this condition?

17    The Authority reserves the right to modify, alter, revoke or     Is this an issue?
      add to these conditions, should it be necessary or desirable     Consultation on any changes
      in the interests of the public to do so. Such variations will    to conditions will be subject to
      have effect as and when specified by the Authority.              consultation with the British
                                                                       Marine Federation, the
                                                                       Passenger Boat Association
                                                                       and the Broads Hire Boat
                                                                       Federation, the Royal Yachting
                                                                       Association and the Inland
                                                                       Waterways Association

      Costs                                                            Issue
1     Operators Licence – It is proposed that the Operators            Do you envisage any issues
      Licence will be for a cost of £18.00 per annum                   with this condition?

2     Vessel Licence – It is proposed that the cost of a vessel        Do you envisage any issues
      licence will be £5.00 per vessel per annum                       with this condition?

      Implementation
     PBCL – Ver 2
     July 2011                                                                    8
       Proposed Operator Conditions                              Issue                         Comments
 1     Passenger Boat licensing will be implemented on 1 April   Is this introductory date
       2012.                                                     acceptable and achievable?




If you would like to make any further comments regarding the introduction of the proposed licensing scheme please feel free to submit them as a
supplementary document to this form.

If you have any queries on any of the information contained in any of the consultation documents or would like to seek further clarification, please
contact: Steve Birtles on 01603 756078 or email him at steve.birtles@broads-authority.gov.uk. If you would prefer to write please use the following
postal address:

FAO Steve Birtles
Broads Authority
Dragonfly House
2 Gilders Way
Norwich NR3 1UB




     PBCL – Ver 2
     July 2011                                                            9

				
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