A local authority’s primary function is to administer the land, including the seashore down to low water and their powers reflect this. However, because activities also take place in the water margin, there has been a gradual accretion of additional powers to, for example, provide facilities for the orderly enjoyment of the seaside, and protect users of beaches. Local Authorities do have powers to manage inshore waters, but these powers are not as extensive as those available to a Harbour Authority.

In 1998 an Inter-Departmental working group published the findings of a review of byelaw powers on the Coast, the main recommendations from this review were:

• Local authority powers should be consolidated and updated. That would mean local coastal byelaws being consolidated under a single statutory provision and updated to reflect modern forms of coast related recreation, such as personal watercraft.
• Powers should include the ability to provide exclusive bathing zones, areas where all types of craft, powered and non-powered can be excluded; and
• In addition to specific powers, local authorities should be given more general byelaw powers to regulate activities affecting the wider environment.

The Government are committed in the long term to introducing legislation to implement the review’s recommendations where changes to the law are needed. One recommendation that has been progressed by DEFRA is the development of a Guide for local authorities on coastal byelaw powers available to them and to provide information on the use and scope of these powers and the relevant procedures for implementing byelaws5 – ‘Managing Recreational Activities – A Guide for Maritime Coastal Authorities’.

Powers also exist to regulate the use of boats on the water, enabling the local authority to regulate for prevention of danger to bathers by restricting the navigation of vessels used for pleasure purposes within an area allotted for public bathing during the hours allowed for bathing. Such byelaws may impose a speed limit or stipulate that a type of boat, or boats in general may not be used in such a way as to endanger bathers within a defined area. An Authority may also (for the prevention of danger, obstruction or annoyance to persons bathing in the sea or using the seashore) regulate the speed of pleasure boats, and to regulate their use so as to prevent dangerous, careless or inconsiderate behaviour.

These powers extend 1000 metres seawards from the low water mark.

The tools available to local authorities for on water management include:

• Speed restrictions
• Zoning
• Rules prohibiting dangerous or inconsiderate behaviour
• Help from regular site users

Speed restrictions

Speed restrictions do not impose any infringement on the public rights of navigation and, coastal authorities are able to limit the speed of vessels. Speed limits are likely to be needed in harbours and estuaries and less so on the open coast. But because PW use and bathing beaches are wholly incompatible, coastal bathing beaches are likely to need additional protection through zoning and the area close to swimming zones will be speed limited.

An authority should first decide on its policy for action after a byelaw offence has been committed. Effective policing is one of the most crucial elements of a management scheme.

Patrol or beach staff employed by a harbour or local authority will need to be properly trained in recognising potential offences. For example, whether a PW is speeding can be judged by the size of its wake and bow wave and whether it is on the plane. Dangerous or careless navigation requires subjective judgement but in some cases can be quite obvious, for example a PW weaving in and out of swimmers in a bathing area.

Obtaining evidence of speeding offences

There are several forms of evidence acceptable to the court:

• Measurement of speed of a craft on radar. Only harbour authorities are likely to have the necessary equipment to do this.
• Measurement of speed by a radar gun. This can work satisfactorily if the gun is operated from ashore, as is awkward to use from a vessel, particularly in choppy conditions, where wave reflection can interfere with the signal. The greater the angle from directly ahead of a moving craft, the less accurate the measurement of speed. Radar guns must be calibrated, and a certificate of calibration produced in court. Authorities should anticipate the likelihood of technical challenge to such evidence if a defendant denies a speeding offence. A failed prosecution, or successive failures will damage the credibility of the scheme.
• Time and distance. If the time for a vessel to move between two fixed objects is measured and the distance apart of the objects is accurately known, then an average speed can be calculated.
• Following a vessel at a set distance astern. A patrol vessel suitably equipped with an accurate log can follow an offender for several hundred metres to ascertain his speed. This method is widely used by Harbour Authorities. The log should be checked and adjusted as required on a regular basis, and proof of this should be available to the court.
• The judgement of a suitably experienced officer, corroborated by a second equally experienced person.

It is usual for the speed limit to be stated as ‘speed through the water’ rather than ‘speed over the ground’. A patrol vessel will measure speed through the water, but a Differential Global Positioning System (DGPS) will measure speed over the ground, in which case tidal stream will need to be taken into account to calculate the actual speed through the water.

Zoning

A general speed limit is as bad as a total ban for a user whose enjoyment of his PW consists of the fun it provides at speed. A compromise which provides opportunities for PW use within an area which is otherwise speed limited is to create a zone, with suitable access, within which a speed limit is removed. The zone should be well publicised and physically marked as the PW zone.

It is unlikely that such an area will be made exclusive to PWs, because doing so would infringe the public right of navigation. So when not in use by PW riders, other craft may transit the zone. But signage and information make it clear that this is an area for PWs when they want to use it.

Beach launching sites need clear, physically marked lanes to provide PWs (and other craft) with a safe route to waters outside the beach/bathing zone. Experience shows that abuse of access lanes is quite frequent, as is slaloming of swimming zone marker buoys. Foreshore attendants and patrol boats may be needed to control such behaviour.

Laying obstructions to navigation in tidal waters requires Coast Protection Act Consent. This is unlikely to be a problem, but authorities should allow 2-3 months, because all such applications are subject to a statutory consultation procedure.

Enforcement of speed limits: Poole Harbour Commissioners Poole Harbour Commissioners have developed a highly successful policing scheme arising in an annual average of successful prosecutions over the last 5 years of 5 per annum. Poole allocates considerable resources to put up to 7 craft on the water during busy weekends in summer months, with duties including the escorting of commercial craft, education of users and apprehending of offenders. Poole Harbour Byelaws include speed limits of 10 knots throughout the Harbour for all power driven vessels, limits of 6 knots for all craft in defined areas and a speed limit specific to personal watercraft enabling use of craft in excess of harbour speed limits to take place in marked zones only. The Harbour Master’s PW usually works with one of the other patrol vessels, or between the public slipway and designated PW area, a distance of some 1000 yards. It has proven very successful at intercepting offenders, both power boats and PWs and has quickly become recognised around the harbour, providing excellent deterrent to irresponsible behaviour. Where a PW driver has been warned about his conduct by one of the patrol officers, he is reminded with a letter from the Harbour Master of his responsibilities, which he acknowledged when given his permit. Additionally, all registered users are circulated the PW Newsletter informing them of any change to the rules or procedures. The aim of which is to promote good behaviour and safety to all users.