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JUST LOOK AT THE FINES THESE SKIPPERS GET

Defendant: George Howarth of In2Sail Ltd and Colin Thomas of Straits Sailing at Southampton Crown Court

Date of Hearing: 4 February 2011

Date of Offence: Dates in 2008/2009

Offence: Contravening Section 100 of the Merchant Shipping Act 1995

Details: The two separate operators had taken advantage of the growth in demand for trans-Atlantic sail training. Both used the internet to sell training courses for those wanting to go from novice to Yachtmaster Ocean. They ran inclusive costly courses but did not have vessels equipped to the minimum levels of lifesaving equipment.

It was shown that George Howarth had sent students on a voyage from Cowes to St Lucia WITH A SKIPPER WHO WAS NOT QUALIFIED on a yacht that had only the basic equipment to operate no more than 60 miles from a safe haven. The yacht “Quay Three” had only one valise liferaft stowed in a locker and the only means of distress alerting was by a VHF radio (of limited range) and an EPIRB. The vessel had no qualified mate. Events on the voyage included collision with a whale and defective steering. The parents of one of the students were horrified at the lack of safety. They had financed the cost of their daughter attending by renting out their home and living on a small yacht throughout a hard winter.

Colin Thomas of Straits Sailing was endeavouring to try and get his yacht, “Summer Breeze of Haslar” up to the required coding to legally do trans-Atlantic crossings from Gibraltar to the Caribbean, but could not get the vessel through the required stability test. He had already taken bookings from students and sailed without a qualified mate and with only one liferaft. Mr Thomas, an experienced Yachtmaster did not have the required qualifications to take an uncoded yacht across the Atlantic.

As soon as the RYA learned of these matters, they suspended their recognition of In2Sail and Straits Sailing.

Penalty: George Howarth of In2Sail was fined a total of £16.000 including costs and Colin Thomas was fined a total of £17,549. Both were given a default prison sentence of 6 months if the fines were not paid within 6 months.
 
7 Protecting the Public

7.1 Enforcement by General Inspection

The Agency has developed a significant inspection resource across the country comprising trained inspectors and a fleet of patrol boats capable of interception at sea and the boarding of suspect vessels. The MCA had 8 new boats come into service from November 2002 to January 2003 and the possibility of expanding this fleet is currently under review. Checks are conducted on the currency of code vessel survey and certification records, on the appropriateness of certification for actual use and that boats are being operation within the Area Operation Category for which the boat is certified. Vessels can be served with an improvement notice or detained under the provisions of the Merchant Shipping Acts.

The Agency’s Business Plan commits the organisation to 500 inspections per year. The Agency’s inspection strategy is progressively being extended abroad to areas where UK boats are known to operate. The presence of the Agency’s inspectors helps to educate boat owners and ensure that less scrupulous operators are identified and dealt with in an appropriate manner.

In addition to confirming that authorised Certification Authorities are properly representing the Agency these General Inspections assure bon fide operators that their commitment to the Coded Vessel Scheme is well placed


7.2 Enforcement by Prosecution

In circumstances where inspection identifies ILLEGAL OPERATIONS, the Agency’s Enforcement Branch will be notified and the Agency's enforcement policy will be followed. In the case of PERSITENT AND SERIOUS OFFENDERS, the enforcement branch takes the lead in preparing the casework forPROSECUTION BY THE PROSECUTION SERVICE.

COURTS HAND DOWN STRICT PENALTIES FOR UNLICENSED OPERATIONS . Documentation of prosecutions can be found on our website by clicking on the following link: The page you requested was not found.

Anyone wishing to report the suspected ILLEGAL ACTIVITY OF A SMALL COMMERCIAL VESSEL should contact the Vessel Policy Branch by phone or by e-mail to [email protected]
 

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