North Sunderland Harbour Commissioners

 

Seahouses

Northumberland

 

 

 

 

BYELAWS

 

2019

 

 

 


NORTH SUNDERLAND HARBOUR COMMISSIONERS BYELAWS

 

 

INDEX

 

PART I – PRELIMINARY

 

  1. Title and Commencement
  2. Application
  3. Interpretation

 

PART II – NAVIGATION

 

  1. Vessel Movements
  2. Declaration of Particulars of Vessel
  3. Vessels to Navigate with Care
  4. Excessive Speed
  5. Small Vessels Not to Obstruct Fairway
  6. Vessels Not to be Made Fast to Navigation Buoys or Marks
  7. Notification of Collisions etc.
  8. Competent Persons to be in Charge of Vessels
  9. Communications
  10. Use of Emergency Engine Cut-outs
  11. Mooring etc. and Navigation
  12. Unsafe Vessels
  13. Unauthorised Regulation etc. of Vessels
  14. Person on Board during Loading etc.
  15. Horns etc. and Other Noises
  16. Nuisance
  17. Fitting with Silencer

 

PART III – BERTHING, MOORING AND ANCHORING

 

  1. Provision of Proper Fenders
  2. Proper Mooring
  3. Vessels Adrift
  4. Embarking or Disembarking Passengers
  5. Sufficiency of Crew
  6. Vessels to be Kept in a Moveable Condition
  7. Use of Engines while Vessel Moored or Berthed
  8. Vessels Not to Make Fast to Unauthorised Objects
  9. Access Across Decks
  10. Lost Anchor, Cable or Propeller
  11. Laying Anchor
  12. Orderly Mooring of Vessels
  13. Fitting of Swivels or Rising Chains
  14. Use of Buoyant Mooring Ropes
  15. Use of Large Moorings
  16. Right to Use Mooring
  17. Launching and Recovery of Vessels
  18. Storing or Leaving Vessels on Harbour Premises
  19. Stowing of Equipment
  20. Unlawfully Cutting Adrift
  21. Articles Moored to Buoys etc.

 

PART IV – FOR THE REGULATION OF THE HARBOUR PREMISES

 

  1. Unauthorised Use of Harbour Premises
  2. Unlawful Interference with Apparatus
  3. Instructions of Harbour Master as to Loading etc.
  4. Discharging Offensive Matter
  5. Use of Commissioners’ Equipment in the Harbour
  6. Use of Heating, Burning and Welding Equipment
  7. Breaking Up or Burning of Vessels
  8. No Smoking or Fires
  9. Refuelling of Vessels
  10. Removing Lifebuoys etc.
  11. Removing Rocks etc.
  12. Touting for Passengers
  13. Embarking etc. from Vessels
  14. Obstruction of Passengers
  15. Obstruction of Lifeboat Emergency Services
  16. No Trading etc. Without Consent
  17. Exhibitions etc.
  18. Exercising Craft etc.
  19. Touting for Custom/ Passengers, etc.
  20. Facilities for Betting etc.
  21. Digging in Sea Bed
  22. Throwing Stones
  23. Affixing Notices etc.
  24. Safe & Legal Use of Vehicles
  25. Speed Limit for Vehicles
  26. Loads not to Leak, Spill or Drop
  27. Loads to be Secured
  28. Refuelling etc. of Vehicles
  29. Incidents to be Reported
  30. Parking of Road Vehicles

 

PART V – GENERAL

 

  1. Inspection Facilities, etc., to be Made Available to Harbour Master
  2. Navigation under Influence of Drink or Drugs Prohibited
  3. Fumigation of Vessels
  4. Laying down Moorings, Buoys and Other Tackle
  5. Dumping in Harbour Waters Prohibited
  6. Casting or Spreading Nets etc.
  7. No Dragging or Grappling without Permission
  8. Vessels to Have Names Marked On Them
  9. Abandonment of Vessels Prohibited
  10. Water Skiing, Aquaplaning, Jetskiing, etc.
  11. Personal Watercraft and Windsurfing
  12. Pleasure Vessels in Inner Harbour
  13. Conduct of Regattas, Maritime Events etc.
  14. Bathing etc.
  15. Diving Operations
  16. Assistance to Fire and Other Services
  17. Fire Precautions
  18. Fire Extinguishing Equipment to be Available for Use at All Times
  19. Fires on Vessels to be in Su9table Containers and Under Watch
  20. Lights Impeding Safe Navigation
  21. Obstruction of Officers of the Commissioners
  22. Change of Ownership of Vessels
  23. Giving Information
  24. Penalties for Breach
  25. Revocation

 

 

 

 


NORTH SUNDERLAND HARBOUR COMMISSIONERS BYELAWS

 

North Sunderland Harbour Commissioners, in exercise of the powers conferred by section 83 of the Harbours, Docks and Piers Clauses Act 1874 and article 38 of the North Sunderland Harbour Order 1931 and of all other powers them enabling, hereby make the following byelaws.

 

 

PART I – PRELIMINARY

 

  1. Title and Commencement

 

These byelaws may be cited as the North Sunderland Harbour Commissioners Byelaws [2019] and come into operation on [date]. 

 

2,         Application

 

These byelaws apply to all parts of the Harbour or to such part of the Harbour as may be expressly provided.

 

  1. Interpretation

 

In these byelaws, unless the context otherwise requires, the following words or expressions have the meanings hereby respectively assigned to them.

 

“Collision Regulations” means regulations for the prevention of collisions made under Section 85 of the Merchant Shipping Act 1995;

 

“commercial vessel” means a vessel other than a pleasure vessel;

 

“Commissioners” means the North Sunderland Harbour Commissioners as defined in article 7 of the North Sunderland Harbour Order 1931;

 

“core working hours” means a timeframe of between 08:30 and 16:30 Monday to Friday throughout the whole year.

 

“current codes & practices” means all relevant, national codes, practices & guidance issued or endorsed by the UK government or delegated authority.

 

“goods” means all articles and merchandise of every description and includes fish, livestock and animals;

 

“Harbour” means the limits of the harbour as defined in article 23 of the North Sunderland Harbour Order 1931, which limits are illustrated on the map annexed to these byelaws;

 

“Harbour Master” means the person appointed as such by the Commissioners pursuant to section 51 of the Harbours, Docks and Piers Clauses Act 1874 and includes his or her authorised deputies, assistants and any other person authorised by the Commissioners to act in that capacity;

 

“Harbour Premises” means the piers, wharves, quays, jetties, stages, berths, slipways, roads, sheds and other works and conveniences and the lands, buildings and property of every description and of whatever         nature which are for the time being vested in or occupied by the Commissioners as Harbour Authority for the purpose of the Harbour undertaking;

 

“hovercraft” means a vehicle which is designed to be supported when in motion wholly or partly by air expelled from the vehicle to form a cushion of which the boundaries include the ground, water or other surface beneath the vehicle;

 

“Harbour Standing Orders” or “HSOs” means published, perpetual orders issued by the Harbour Master for daily use to ensure compliance with current legislation, byelaws, current codes & practices.

 

“Inner Harbour” means that part of the Harbour lying between the two inner piers, illustrated by the shaded pink area on the on the map annexed to these byelaws.

 

“master” or “skipper” when used in relation to any vessel means any person having the command, charge or management of the vessel for the time being;

 

“owner”, when used in relation to goods, includes any consignor, consignee, shipper or agent for the sale, receipt, custody, loading or unloading and clearance of those goods, and includes any other person in charge of the goods and his or her agent in relation thereto; and when used in relation to a vessel, includes any part-owner, broker, charterer, agent or mortgagee in possession of the vessel or other person or persons entitled for the time being to possession of the vessel; and when used in relation to a vehicle includes any part-owner or agent and the driver or other person having charge of the vehicle for the time being;

 

“personal watercraft” means any watercraft propelled by a water-jet engine or other mechanical means of propulsion and steered by—

  • means of a handlebar-operated linkage system (with or without a rudder at the stern);
  • the person or persons riding the craft using his or her or their body weight for the purpose; or
  • a combination of the methods referred to in (a) and (b);

 

“pleasure vessel” has the same meaning as that set out in the Merchant Shipping (Vessels in Commercial Use for Sport or Pleasure) Regulations 1998 (SI 1998/2771);

 

“quays” means any quay, wharf, jetty, dolphin, landing stage or structure used for berthing or mooring vessels, and includes any pier, bridge, roadway or footway immediately adjacent and affording access thereto;

 

“sailing vessel” means a vessel designed to carry sail, whether as the sole or as a primary or supplementary means of propulsion;

 

“small vessel” means any vessel of less than 20 metres in length or a sailing vessel;

 

“vehicle” includes any vehicle propelled on rails, any machinery on wheels or caterpillar tracks, bicycles, wagons, carts, trailers, caravans and mobile homes and includes a hovercraft or any other amphibious vehicle;

 

“vessel” includes every description of water craft, including non-displacement craft and seaplanes, used or capable of being used as a means of transportation on water.

 

 

 

 

PART II – NAVIGATION

 

  1. Vessel Movements

 

            The master or skipper of a vessel must give prior notice to the Harbour Master of the vessel’s arrival at, departure from or movement within the Harbour out with core working hours unless otherwise previously agreed with the Harbour Master

 

  1. Declaration of Particulars of Vessel

 

            The master or skipper of a vessel arriving at the Harbour must, if required by the Harbour Master, supply the Harbour Master with a declaration in the form to be specified by him or her containing a correct statement of the name and official/registered number of the vessel, the vessel’s port of registry, the vessel’s tonnage and draught, the vessel’s ownership, the vessel’s last port of call and destination, the name of the master or skipper of the vessel and particulars of the vessel’s cargo along with number of passengers and crew onboard.

 

  1. Vessels to Navigate with Care

 

            The master or skipper of a vessel must navigate that vessel with such care and caution, and at such speed and in such manner, as not to endanger the lives of or cause injury to persons or damage to property, and as not unreasonably to obstruct the navigation, manoeuvring, loading or discharging of vessels or to cause damage to moorings.

 

  1. Excessive Speed

 

(1)        Except with the permission of the Harbour Master and subject to Byelaw 8 and the Collision Regulations, the master or skipper of a vessel must not cause or permit such vessel to exceed a speed of 3 knots through the water.

 

(2)       Paragraph (1) of this byelaw does not apply to a person going to the assistance of any person or vessel in life threatening or dangerous difficulties nor to a person taking part in an event organised by or with the consent in writing of the Harbour Master.

 

  1. Small Vessels Not to Obstruct Fairway

 

            The master or skipper of a small vessel which is not confined to a fairway must not make use of the fairway so as to cause obstruction to other vessels which can navigate only within the fairway.

 

  1. Vessels Not to be Made Fast to Navigation Buoys or Marks

 

            The master or skipper of a vessel must not make fast that vessel to or lie against any buoy, beacon or mark used for navigational purposes.

 

  1. Notification of Collision etc

 

            The master or skipper of a vessel which –

 

  • has been involved in a collision with any vessel or property, or has been sunk or grounded, or become stranded in the Harbour; or

 

  • by reason of accident, negligence, fire, defect or otherwise is in such a condition as to affect its safe navigation or give rise to danger to other vessels, persons or property; or

 

  • in any manner gives rise to an obstruction to a fairway;

 

            must as soon as reasonably practicable report the occurrence to the Harbour Master (and as soon as practicable thereafter, provide the Harbour Master with full details in writing). Where the damage to a vessel is such as to affect or be likely to affect its seaworthiness, the master or skipper must not move the vessel (except to clear the fairway or to moor or anchor in safety) otherwise than with the permission, and in accordance with the reasonable instructions, of the Harbour Master.

 

 

 

  1. Competent Persons to be in Charge of Vessels

 

A person must not have the charge of a vessel entering, leaving or manoeuvring within the Harbour unless: he or she is themselves a competent person; he or she is under the direct supervision of some competent person; or he or she is acting on the instructions of the Harbour Master.

 

  1. Communications

 

  • The master or skipper of a commercial vessel must maintain a listening watch on VHF Channels 8 and 16 at all times while the vessel is under way;

 

  • Where appropriate VHF transmitting and receiving equipment is carried on board a pleasure vessel, the master or skipper of that pleasure vessel must maintain a listening watch on VHF Channels 8 and 16 at all times while the vessel is under way.

 

  1. Use of Emergency Engine Cut-outs

 

            Where a power-driven vessel is fitted with a “kill cord” emergency engine cut-out device, the master or skipper of that vessel must ensure that the kill cord is worn by the person at the helm of the vessel at all times while the vessel is under way.

 

  1. Mooring etc. and Navigation

 

            Except with the permission of the Harbour Master or in an emergency, the master or skipper of a vessel must not moor, anchor or station it so as unreasonably to impede or obstruct access to and from the quays, slipways or steps or the safe navigation of other vessels in the Harbour.

 

  1. Unsafe Vessels

 

The master or skipper of a vessel must not take that vessel into the Harbour without the permission of the Harbour Master if the vessel:-

 

  • is or may be in danger of foundering or sinking or is incapable of being safely navigated; or

 

  • is on fire, or has been on fire at any time within the period of 14 days ending on the day on which his vessel is ready to enter the Harbour.

 

  1. Unauthorised Regulation etc. of Vessels

 

            Except in an emergency, a person other than the Harbour Master, pilot his or her nominated delegate or other person engaged in the normal course of navigation must not hail, call, or otherwise, from any part of the Harbour Premises or from any vessel, attempt to regulate, control, or alter the navigation or management of any vessel within the Harbour.

 

  1. Person on Board during Loading etc.

 

            The master or skipper of a vessel within the Harbour must during all the time employed in loading, discharging, bunkering, embarking or disembarking the vessel remain or leave some other person on board competent to superintend the same.

 

 

  1. Horns etc. and Other Noises

 

  • The master or skipper of a vessel must not permit any bell, siren, horn or whistle to be sounded unnecessarily and must cause the same to cease sounding immediately on being requested to do so by the Harbour Master.

 

  • A person must not operate any amplified audio equipment, such as wireless, amplifier, gramophone or loud hailer, from a vessel or otherwise, within the Harbour so as to give reasonable cause for annoyance to other users of the Harbour.

 

  1. Nuisance

 

            A person must not commit a public nuisance in the Harbour.

 

  1. Fitting with Silencer

 

            The master or skipper of a vessel propelled by an engine must not use the engine unless it is fitted with a silencer which is suitable and sufficient to reduce as far as may be reasonable the noise caused by the escape of exhaust gases from the engine.

 

 

PART III – BERTHING, MOORING AND ANCHORING

 

  1. Provision of Proper Fenders

 

            The master or skipper of a vessel must ensure that it is provided with a sufficient number of fenders adequate for the size of the vessel and when berthing or leaving, or lying at a quay or against other vessels, the master or skipper must cause the vessel to be fendered off from that quay or those other vessels so as to prevent damage to that quay, those other vessels or other property.

 

  1. Proper Mooring

 

            The master or skipper of a vessel must at all times keep that vessel properly and effectively moored when berthed or lying at any quay. Where mooring posts or bollards are provided, the master or skipper of a vessel must ensure that the vessel is made fast to such mooring posts or bollards using appropriate lines or hawsers.

 

  1. Vessels Adrift

 

The master or skipper of a vessel which parts from its moorings must, as soon as possible, report the same to the Harbour Master. must as soon as reasonably practicable report the occurrence to the Harbour Master (and as soon as practicable thereafter, provide the Harbour Master with full details in writing).

 

  1. Embarking or Disembarking Passengers

 

The master or skipper and the owner of a vessel must not embark or disembark passengers within the Harbour elsewhere than at the steps or slipways specified by the Harbour Master for such purpose, except with the permission of the Harbour Master and in accordance with such reasonable conditions as the Harbour Master may impose.

 

  1. Sufficiency of Crew

 

            Except with the permission of the Harbour Master, the owner and the master or skipper of a vessel must at all times when that vessel is within the Harbour ensure that the vessel is capable of being safely moved and navigated and that there are sufficient crew or other competent persons readily available –

 

(a)       to attend to the vessel’s moorings or anchor;

 

(b)       to comply with any directions given by the Harbour Master for the unmooring, mooring and moving of the vessel; and

 

  • to deal, so far as reasonably practicable, with any emergency that may arise.

 

  1. Vessels to be Kept in a Moveable Condition

 

(1)        The master or skipper of a vessel must not, except where that vessel is lying aground, take any steps to render the vessel incapable of movement without first notifying the Harbour Master and, subject as aforesaid, must at all times keep the vessel so loaded and ballasted, and in such condition, that it is capable of being safely moved.

 

  • Where a vessel is at any time not capable of being safely moved by means of its own propulsive machinery, the master or skipper (or, in his or her absence, the owner) must inform the Harbour Master as soon as reasonably practicable and give to him or her any further information which the Harbour Master may reasonably require.

 

  1. Use of Engines while Moored or Berthed

 

            The master or skipper of a vessel which is at a quay or attached to any mooring device must not permit the engines of that vessel to be worked in such a manner as to cause injury or damage to the bed or banks of the Harbour or to any other vessel or property.

 

  1. Vessels Not to Make Fast to Unauthorised Objects

 

            The master or skipper of a vessel must not make that vessel fast to any post, quay, ring, fender or any other thing or place not assigned for that purpose.

 

  1. Access Across Decks

 

            Except with the permission of the Harbour Master, the master or skipper of a vessel lying alongside a quay or any other vessel already berthed within the Harbour must give free access across the deck of his or her vessel for persons and goods to and from vessels berthed alongside his or her vessel.

 

  1. Lost Anchor, Cable or Propeller

 

(1)        The master or skipper of a vessel which has slipped or parted from, or lost, any anchor, chain, cable or propeller must as soon as reasonably practicable give to the Harbour Master notice thereof, and, if possible, of the position of the anchor, chain, cable or propeller.

 

  • The master of a vessel slipping or parting from an anchor or propeller must leave a buoy to mark the position thereof.

 

 

 

  1. Laying Anchor

 

            Except in an emergency or with the permission of the Harbour Master, the master or skipper of a vessel must not lay an anchor for mooring that vessel in any part of the Harbour. If any vessel must let go an anchor on entering the Harbour, the master or skipper of that vessel must ensure that the anchor is taken up immediately after such vessel is berthed and moored or has taken the ground.

 

  1. Orderly Mooring of Vessels

 

            Where to facilitate the orderly mooring of vessels the Commissioners have laid moorings within the Harbour or laid down ground chains and lower pendants, a person must not (otherwise than in an emergency) avail himself or herself thereof unless:-

 

  • he or she has first received the licence of the Commissioners, which licence may be given upon such conditions as the Commissioners think fit;

 

  • he or she uses swivels and rising chains which accord with the Commissioners’ specification therefor or which have been specifically approved by the Commissioners, and

 

  • such swivels and rising chains are fitted by a person authorised by the Commissioners to carry out such work.

 

  1. Fitting of Swivels or Rising Chains

 

            A person must not fit or attempt to fit any swivel or rising chain to a lower pendant provided in the Harbour by the Commissioners unless he or she has first demonstrated to the satisfaction of the Commissioners that he or she is competent by reason of experience to carry out such work and has obtained from the Commissioners a licence to do such work, which licence may be granted upon such terms as the Commissioners think fit.

 

  1. Use of Buoyant Mooring

 

            A person must not use buoyant pick-up ropes on any moorings within the Harbour.

 

  1. Use of Large Moorings

 

Except in an emergency, a person must not use any mooring for a vessel larger than that for which it was provided.

 

  1. Right to Use Mooring

 

            Except in any emergency, a person must not use any mooring for which a licence affording the privilege of preferential right of use has been granted by the Commissioners to some other person.

 

  1. Launching and Recovery of Vessels

 

            A person must not launch into or recover from the Harbour any vessel, except with the permission of the Harbour Master and in accordance with such reasonable conditions as the Harbour Master may impose.

 

  1. Storing or Leaving Vessels on Harbour Premises

 

            A person must not, without the permission of the Harbour Master, store or leave any vessel on any part of the Harbour Premises. Where such permission is granted the person to whom it is granted must comply with any conditions to which such permission is made subject as to the manner in which or the place at which the vessel is to be stored or left or as to ancillary matters.

 

  1. Stowing of Equipment

 

            The master or skipper of a vessel which is lying in the Harbour must rig in the vessel’s bowsprits or jib-booms and have its anchors on board or hung to the bows, that is to say, by the chain at the hawse. The master or skipper of a vessel must ensure that all trawl boards, beams and other such gear are stowed in-board at all times while the vessel is under way within the Harbour.

 

  1. Unlawfully Cutting Adrift

 

            A person must not without lawful authority cut adrift or unloose any vessel which may be made fast or moored in any part of the Harbour nor, when any vessel has been moored at the direction of the Harbour Master, must any person, without the Harbour Master’s permission, move the vessel or attempt to do so.

 

  1. Articles Moored to Buoys etc

 

A person must not moor timber, trees, wood, spars or shell-fish storage boxes or pots or other articles or things whatsoever (other than vessels) to buoys within the Harbour without the permission of the Harbour Master.

 

 

PART IV – FOR THE REGULATION OF THE HARBOUR PREMISES

 

  1. Unauthorised Use of Harbour Premises

 

            Except with the permission of the Harbour Master, a person must not in any part of the Harbour Premises –

 

  • deposit, place or keep any ballast, goods, bunkers, lubricants or other material and equipment without prior consent of the Harbour Master;

 

  • haul a vessel up on any quay, slipway, beach or other part of the shore;

 

  • salt, gut, pack or cure, or allow to be salted, packed or cured, fish of any kind;

 

  • leave, or allow to be left, fish of any kind except for the purpose of removal and provided that such fish are removed immediately; or

 

  • leave, or allow to be left, empty packages except for the purpose of filling such packages and provided that such packages are removed immediately upon filling;

 

  • dress any stones, spars or other articles, except for the purpose of building or repairing part of the Harbour Premises; or

 

  • loiter without having any legitimate connection with the Harbour undertaking or any vessel moored in the Harbour.

 

  1. Unlawful Interference with Apparatus

 

A person must not without lawful authority, use, work, move or tamper with any plant, machinery equipment or apparatus at the Harbour Premises.

 

  1. Instructions of Harbour Master as to Loading etc.

 

The master or skipper of a vessel and a person undertaking the loading of ballast, cargo, bunkers, lubricants or other material into, or the discharging of ballast, cargo, bunkers, lubricants or other material from, a vessel must not load or discharge such ballast, cargo, bunkers, lubricants or other material other than in accordance with such reasonable conditions as the Harbour Master may impose for the prevention of any ballast, cargo, bunkers, lubricants, dunnage or other material from falling or escaping into the waters of the Harbour or onto the Harbour Premises.

 

  1. Discharging Offensive Matter

 

  • A person must not within the Harbour discharge, leave or deposit or throw or allow to fall any ballast, earth, ashes, dust, stones, shavings or chips of wood, cinders, fish, offal, oily water, contaminated bilge water, sewage, rubbish or other offensive matter or other material or thing.

 

  • The master or skipper of a vessel from which such a discharge etc is made must as soon as reasonably practicable report the occurrence to the Harbour Master (and as soon as practicable thereafter, provide the Harbour Master with full details in writing).

 

  1. Use of Commissioners’ Equipment in the Harbour

 

            A person must not use any crane, hoist, machine, weight or measure erected or provided by or belonging to the Commissioners in the Harbour except with the permission of the Harbour Master, given either specifically or generally, and in accordance with such reasonable conditions as the Harbour Master may impose.

 

  1. Use of Heating, Burning and Welding Equipment

 

(1)        A person must not within the Harbour boil, heat or set alight any pitch, tar, resin, turpentine or other combustible matter or have or permit any fire or naked flame, except with the permission of the Harbour Master and in accordance with such reasonable conditions as the Harbour Master may impose;

 

(2)        A person must not within the Harbour use hot rivets, welding or burning equipment or any other potential source of ignition, except with the permission of the Harbour Master and in accordance with such reasonable conditions as the Harbour Master may impose.

 

  1. Breaking Up or Burning of Vessels

 

            A person must not break up or burn, or attempt to break up or burn, or cause to be broken up or burnt, any vessel or wreck of a vessel in any part of the Harbour, except with the permission of the Harbour Master and in accordance with such reasonable conditions as the Harbour Master may impose.

 

  1. No Smoking or Fires

 

            A person must not smoke or carry a lighted pipe, cigar or cigarette on any quay:-

 

(a)       where smoking is expressly prohibited by the Commissioners by a notice exhibited in a conspicuous position in such part of the quay; or

 

(b)       near to or amongst any dangerous goods.

 

  1. Refuelling of Vessels

 

            A person must not refuel a vessel in any part of the Harbour not assigned for that purpose by the Harbour Master, except with the permission of the Harbour Master and in accordance with such reasonable conditions as the Harbour Master may impose.

 

  1. Removing Lifebuoys etc.

 

            A person must not without lawful authority remove from its station any lifebuoy, lifeline or any apparatus placed on the Harbour Premises for the saving of life or tamper with any light, fire hydrant, tap, buoy or navigational aid or use any naked light within any building or store.

 

  1. Removing Rocks etc.

 

            A person must not take, remove or dig or cause to be taken, removed or dug any rock, gravel, stone, shingle, sand, earth or other substance from any part of the Harbour, except with the permission of the Harbour Master and in accordance with such reasonable conditions as the Harbour Master may impose.

 

  1. Touting for Passengers (Incorporate into 60)??

 

            A person must not within the Harbour tout or advertise for passengers except in the kiosks or at the booking board sites allocated for the booking of passengers.

 

  1. Embarking etc. from Vessels

 

            A person must not embark on or disembark from any vessel in any part of the Harbour not assigned for that purpose by the Harbour Master.

 

 

  1. Obstruction of Passengers

 

            A person must not obstruct access on any quay for passengers wishing to embark on or disembark from any vessel used for public or private hire in any part of the Harbour Premises assigned for that purpose.

 

  1. Obstruction of Emergency Services Lifeboat

 

            A person must not, or permit a vehicle or vessel to, obstruct access on any road, quay or slipway designated within HSOs to be a vital access route for lifeboat, fire-service, ambulance or other emergency service or route used for the RNLI lifeboat while it is being launched in response to, or being recovered following the conclusion of, an emergency call-out.

 

 

  1. No Trading etc. Without Consent

 

            A person must not engage, by way of trade, in buying or selling any goods or property in the Harbour Premises, except with the permission of the Harbour Commissioners Master and in accordance with such reasonable conditions as the Harbour Commissioners  or Harbour Master may impose.

 

  1. Exhibitions etc.

 

            A person must not within the Harbour give or take part in any exhibitions, performances, displays, demonstrations or meetings for any purpose whatsoever, except with the permission of the Harbour Master and in accordance with such reasonable conditions as the Harbour Master may impose.

 

  1. Exercising Craft etc.

 

            A person must not within the Harbour exercise any craft or skill for hire or reward or in the hope of any gratuity or offer or sell, peddle, or hawk any goods or things, except with the permission of the Harbour Master and in accordance with such reasonable conditions as the Harbour Master may impose.

 

  1. Touting for Custom/ Passengers etc.

 

            A person must not within the Harbour tout or ply for or solicit custom or employment of any description except for passengers within the kiosks or at the booking board sites allocated for the booking of passengers.

 

  1. Facilities for Betting etc.

 

            A person must not within the Harbour encourage or make facilities available for betting, gambling or games of chance.

 

  1. Digging in Sea Bed

 

            A person must not dig for bait, whether for lugworms or otherwise, in any part of the Harbour, except with the permission of the Harbour Master and in accordance with such reasonable conditions as the Harbour Master may impose.

 

  1. Throwing Stones / Launching Projectiles

 

            A person must not within the Harbour throw from the hand or catapult or any engine any stone or other missile or have or discharge any firearm, except with the permission of the Harbour Master and in accordance with such reasonable conditions as the Harbour Master may impose.

 

  1. Affixing Notices etc.

 

            A person must not within the Harbour deface or disfigure any property or affix or cause to be affixed any bill, notice or paper, except with the permission of the Harbour Master and in accordance with such reasonable conditions as the Harbour Master may impose.

 

  1. Safe & Legal use of Vehicles

 

  • A person driving a vehicle on Harbour Premises must hold the correct licence and be fully compliant with current UK legislation, and their vehicle correctly insured and taxed.

 

  • A person must not drive or otherwise operate a vehicle in the Harbour Premises without due care and attention or without reasonable consideration for other persons using the Harbour Premises.

 

  • A person must not drive or otherwise operate a vehicle in the Harbour Premises if, in the reasonable opinion of the Harbour Master, that person has acted in breach of paragraph (1) of this byelaw and the Harbour Master has requested that person to desist from driving or otherwise operating that vehicle.

 

 

  1. Speed Limit for Vehicles

 

            A person must not drive a vehicle anywhere in the Harbour Premises at a speed in excess of 10 miles per hour.

 

  1. Loads not to Leak, Spill or Drop

 

(1)        The owner of a vehicle in the Harbour Premises must not permit any substance to leak, spill, or drop from the vehicle.

 

  • This byelaw does not apply to any spillage of clean water or to any spillage from a vehicle in which fish are being transported in bulk where the spillage could not have been reasonably prevented.

 

  1. Loads to be Secured

 

            The owner of a vehicle in the Harbour Premises must ensure that any load carried thereon or therein is properly secured, and that it complies with all such statutory restrictions on the weight of goods to be so carried as are applicable on public roads.

 

  1. Refuelling etc. of Vehicles

 

A person must not within the Harbour Premises charge or recharge any vehicle with (or empty it of) fuel, except with the permission of the Harbour Master and in accordance with such reasonable conditions as the Harbour Master may impose.

 

  1. Incidents to be Reported

 

            The owner of a vehicle involved in an incident in the Harbour Premises whereby any injury is caused to any person, or any damage is caused to any property, must report the incident to the Harbour Master, and must give his or her name, address and insurance details to the Harbour Master provided that such reporting must be without prejudice to any reporting obligations under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013.

 

  1. Parking of Road Vehicles

 

            Except with the permission of the Harbour Master and in accordance with such reasonable conditions as the Harbour Master may impose:-

 

  • A person must not park or leave a vehicle in any place where it is likely to obstruct the use of the Harbour Premises, or in any part of the Harbour Premises where the parking of vehicles is prohibited and notice of such prohibition has been erected by the Commissioners or is incorporated into HSOs.

 

  • A person must not park or leave a vehicle in any part of the Harbour Premises where the parking of vehicles is made subject to the payment of a fee and notice of such requirement has been erected by the Commissioners unless that person has paid the requisite fee and displayed the appropriate ticket in the vehicle.

 

  • No Vehicles are to be parked overnight on Harbour Premises without the prior written consent of the Harbour Master.

 

  • Any notice erected under paragraphs (1) and (2) of this byelaw must be conspicuously posted in or in proximity to the place to which it relates.

 

 

PART V – GENERAL

 

  1. Inspection Facilities, etc., to be Made Available to Harbour Master

 

            The master or skipper of a vessel must afford the Harbour Master reasonable access to any part of the vessel and provide all reasonable facilities for its inspection and examination by the Harbour Master in the exercise if his or her duties.

 

  1. Navigation under Influence of Drink or Drugs Prohibited

 

(1)        A person must not navigate or attempt to navigate any vessel in the Harbour whilst under the influence of drink or drugs to such an extent as to be incapable of taking proper control of the vessel.

 

(2)        The master, skipper or owner of a vessel must not knowingly cause or permit any person to navigate or attempt to navigate that vessel in contravention of paragraph (1) of this byelaw.

 

  1. Fumigation of Vessels

 

            Except with the permission of the Harbour Master, a master or skipper of a vessel must not cause or permit the vessel to be fumigated in the Harbour.

 

  1. Laying down Moorings, Buoys and Other Tackle

 

A person must not lay down any mooring, buoy, or similar tackle without a licence or prior consent in writing of the Commissioners nor except in accordance with such conditions as the Commissioners may impose. A mooring, buoy or similar tackle laid down without such a licence or prior consent of the Commissioners must as soon as reasonably practicable be removed by its owner or any other person claiming possession of it if the Harbour Master so requires.

 

  1. Dumping in Harbour Waters Prohibited

 

            A person must not deposit or throw into the waters of the Harbour any rubbish or other material whatsoever or place it in such a position that it can fall, blow or drift into the Harbour.

 

  1. Casting or Spreading Nets etc.

 

            A person must not, without the permission of the Harbour Master:-

 

  • cast or place any drift, trawl or other net in such a position as to be likely to become an obstruction or danger to any property including in particular, but without prejudice to the generality of the foregoing, any vessel or mooring;

 

  • spread any trawl, seine or net of any description or deposit any fishing gear, anchors, spars, chain, rope, line, sails or boats on the quays, sheds or slipways or any part of the Harbour Premises;

 

  • within the Harbour or on any part of the Harbour Premises set boulters, spinners, ground lines, trammel, set net, seine, trawl or snares of any description for the capture of fish, or fish with rod or line or otherwise on any of the quays or slipways.

 

  1. No Dragging or Grappling without Permission

 

            Except with the permission of the Harbour Master, a person must not drag or grapple for any material or article nor remove the same from the bed of any water area of the Harbour.

 

  1. Vessels to have Names Marked on them

 

            The owner of a vessel which is not registered under Part II of the Merchant Shipping Act 1995 and marked accordingly must ensure that the vessel is marked conspicuously with its name or other means of identification, unless otherwise exempted from this requirement by the Harbour Master.

 

  1. Abandonment of Vessels Prohibited

 

            A person must not abandon a vessel on the banks or shore of the Harbour. For the purposes of this byelaw, a person who leaves a vessel on the banks or shore of the Harbour in such circumstances or for such period that he or she may reasonably be assumed to have abandoned it is deemed to have abandoned it there unless the contrary intention is shown.

 

  1. Water Skiing, Aquaplaning, Jet-Skiing, etc

 

            A person must not engage or take part in water skiing, wake boarding, aquaplaning, kiting or parachute-towing within the Harbour.

 

  1. Personal Watercraft and Windsurfing

 

A person must not operate or cause to be operated a personal watercraft or windsurfer in the Harbour except:

 

  • in an emergency; or

 

  • with the permission of the Harbour Master, given either specifically or generally, and in accordance with such reasonable conditions as the Harbour Master may impose.

 

  1. Pleasure Vessels in Inner Harbour

 

A person must not operate or cause to be operated a pleasure vessel in the Inner Harbour except:

 

  • in an emergency; or

 

  • with the permission of the Harbour Master, given either specifically or generally, and in accordance with such reasonable conditions as the Harbour Master may impose.

 

  1. Conduct of Regattas, Maritime Events etc.

 

            A person must not organise any regatta, boat race or any other such event in which a number of vessels is expected to assemble in the Harbour except with the permission of the Harbour Master, given either specifically or generally, and in accordance with such reasonable conditions as the Harbour Master may impose.

 

  1. Bathing etc.

 

            A person may not bathe in the Harbour working areas designated in HSOs or jump or dive into the water from any quay within the Harbour.

 

  1. Diving Operations

 

(1)        A person must not dive or carry out a diving operation within the Harbour except with the permission of the Harbour Master and in accordance with such reasonable conditions as the Harbour Master may impose.

 

  • In this byelaw the expressions “dive” and “diving operation” have the same meaning the Diving at Work Regulations 1997.

 

  1. Assistance to Fire and Other Services

 

            The master or skipper of a vessel must give every reasonable facility and assistance to the fire, police, ambulance and other emergency services for dealing with, alleviating or preventing any emergency.

 

  1. Fire Precautions

 

            The master or skipper of a vessel must take all reasonable precautions for the prevention of damage or injury caused by fire.

 

  1. Fire Extinguishing Equipment to be Available for Use at All Times

 

            The master or skipper of a vessel within the Harbour, other than a rowing boat or other similar light non-powered vessel, must have adequate fire-extinguishing equipment available for immediate use in any part of the vessel at all times. The nature and amount of such equipment must take into account any abnormal fire risk associated with any such vessel.

 

  1. Fires on Vessels to be In Suitable Containers and Under Watch

 

            The master or skipper of every vessel within the Harbour must ensure that any fire thereon is confined to suitable containers and kept under watch.

 

  1. Lights Impeding Safe Navigation

 

            Except in the ordinary course of safe and proper navigation, a person must not display or use lasers or other bright lights in a manner which is likely to cause confusion with navigation lights or otherwise adversely impedes safe navigation.

 

  1. Obstruction of Officers of the Commissioners

 

            A person must not intentionally obstruct or hinder the Harbour Master or any other officer or employee of the Commissioners in the execution of his or her duties.

 

  1. Change of Ownership of Vessel

 

            On any change in the ownership of a vessel kept within the Harbour the owner must ensure that immediate written notification is given to the Harbour Master.

 

  1. Giving Information

 

            Any person found committing an offence against these byelaws must, upon being so required by an authorised officer of the Commissioners, give to such officer his or her name and address and must produce, if so required, such means of identification as he or she may have on his or her person.

 

  1. Penalties for Breach

 

(1)        Any person who contravenes or otherwise fails to comply with any of these byelaws or any condition, requirement or prohibition imposed by the Commissioners or the Harbour Master in the exercise of the powers conferred upon them or him or her by these byelaws is guilty of an offence and liable, on conviction before a court of summary jurisdiction, to a fine not exceeding level 3 on the standard scale.

 

  • Where the commission by any person of an offence under these byelaws is due to the act or default of some other person, that other person is guilty of an offence; and that other person may be charged with, and convicted of, the offence by virtue of this byelaw, whether or not proceedings for the offence are taken against any other person.

 

  • In any proceedings for an offence under these byelaws, it is a defence for the person charged to prove:-

 

  • that he or she took all reasonable precautions and exercised all due diligence to avoid the commission of such an office; or

 

  • that he or she had a reasonable excuse for his or her act or failure to act.

 

  • If in any case the defence provided by paragraph (3)(a) of this byelaw involves the allegation that the commission of the offence was due to the act or default of another person, the person charged is not, without leave of the court, entitled to rely on that defence unless, within a period ending seven clear days before the hearing, he or she has served on the prosecutor a notice in writing giving such information identifying, or assisting in the identification of, that person as was then in his or her possession.

 

  1. Revocation

 

The North Sunderland Harbour Byelaws made on 26th February 1935 are hereby revoked.

 

 

 

THE COMMON SEAL OF THE                                             )

NORTH SUNDERLAND HARBOUR COMMISSIONERS    )

Was hereunto affixed on the [ ] day of [ ] 20[ ]                       )

In the presence of:-

 

 

 

 

The Minister of Agriculture, Fisheries and Food hereby confirms the foregoing byelaws.

 

Signed by Authority of the Minister of Agriculture, Fisheries and Food.

 

 

 

 

The Secretary of State for Transport hereby confirms the foregoing byelaws.

 

Signed by the authority of the Secretary of State for Transport.


 

APPENDIX 1

 

MAP OF THE HARBOUR

 

 

APPENDIX 2

 

EXTRACTS FROM HARBOURS, DOCKS AND PIERS CLAUSES ACT 1847

(INCORPORATED BY ART. 61 NORTH SUNDERLAND HARBOUR ORDER 1931)

 

52        Powers of harbour, dock, or pier master.

 

The harbour master may give directions for all or any of the following purposes; (that is to say,)

 

For regulating the time at which and the manner in which any vessel shall enter into, go out of, or lie in or at the harbour, dock, or pier, and within the prescribed limits, if any, and its position, mooring or unmooring, placing and removing, whilst therein:

 

For regulating the position in which any vessel shall take in or discharge its cargo or any part thereof, or shall take in or land its passengers, or shall take in or deliver ballast within or on the harbour, dock, or pier:

 

For regulating the manner in which any vessel entering the harbour or dock or coming to the pier shall be dismantled, as well for the safety of such vessel as for preventing injury to other vessels, and to the harbour, dock, or pier, and the moorings thereof:

 

For removing unserviceable vessels and other obstructions from the harbour, dock, or pier, and keeping the same clear:

 

For regulating the quantity of ballast or dead weight in the hold which each vessel in or at the harbour, dock, or pier shall have during the delivery of her cargo, or after having discharged the same:

 

Provided always, that nothing in this or the special Act contained shall authorise the harbour master to do or cause to be done any act in any way repugnant to or inconsistent with any law relating to the Customs, or any regulation of the Commissioners of her Majesty’s Customs and Excise.

 

 

53        Penalty on shipmasters not complying with directions of the harbour master.

 

The master of every vessel within the harbour or dock, or at or near the pier, or within the prescribed limits, if any, shall regulate such vessel according to the directions of the harbour master, made in conformity with this and the special Act; and any master of a vessel who, after notice of any such direction by the harbour master served upon him, shall not forthwith regulate such vessel according to such direction shall be liable to a penalty not exceeding level 2 on the standard scale.

 

 

56        Harbour master may remove wrecks, &c.

 

The harbour master may remove any wreck or other obstruction to the harbour, dock, or pier, or the approaches to the same, and also any floating timber which impedes the navigation thereof, and the expense of removing any such wreck, obstruction, or floating timber shall be repaid by the owner of the same; and the harbour master may detain such wreck or floating timber for securing the expenses, and on non-payment of such expenses, on demand, may sell such wreck or floating timber, and out of the proceeds of such sale pay such expenses, rendering the overplus, if any, to the owner on demand.

 

 

57        Unserviceable vessels to be altogether removed from harbour.

 

No vessel which shall be laid by or neglected as unfit for sea service shall be permitted to lie within the limits of the harbour, dock, or pier, but the harbour master may cause every such vessel to be, at the expense of the owner thereof, removed from the harbour, dock, or pier, and laid on any part of the strand or sea shore, or other place where the same may, without injury to any person, be placed; and the charges of removing or placing such vessel may be recovered from the owner of such vessel by summary complaint, in England or Ireland before any justice of the peace, and in Scotland before the sheriff; and in case of refusal or neglect of payment of such charges for the space of seven days after having been awarded by such justice or sheriff, the harbour master may levy such charges by distress and sale or such vessel, or of the tackle, apparel, or furniture thereof, or any part thereof, and the justice or sheriff shall issue his warrant accordingly.

 

 

58        Harbour master may remove vessels within docks, &c.

 

If the master of any vessel in or at the harbour, dock, or pier, or within the prescribed limits, if any, shall not moor, unmoor, place, or remove the same according to the directions of the harbour master, or if there be no person on board of any such vessel to attend to such directions, the harbour master may cause such vessel to be moored, unmoored, placed, or removed as he shall think fit, within or at the harbour, dock, or pier, or within the prescribed limits, and for that purpose the harbour master may cast off, unloose, or cut the rope, or unshackle or break the chain, by which any such vessel is moored or fastened; and all expenses attending the mooring, unmooring, placing, or removing of such vessel shall be paid to the undertakers by the master of such vessel: Provided always, that before the harbour master shall unloose or cut any rope, or unshackle or break any chain, by which any vessel without any person on board to protect the same shall be moored or fastened, he shall cause a sufficient number of persons to be put on board of such vessel for the protection of the same.

 

 

59        Vessels entering harbour or dock to be dismantled as harbour master shall direct.

 

Before any vessel shall enter the harbour or dock, or approach the pier, the master thereof shall cause her to be dismantled as directed by the harbour master; and if any vessel shall enter the harbour or dock, or approach the pier, without being dismantled in the manner required by the harbour master, after notice shall have been given to the master of such vessel so to dismantle the same, such master shall for every such offence be liable to a penalty not exceeding level 1 on the standard scale.

 

 

60        Vessels to have their sails lowered when entering and navigating dock.

 

Before any vessel shall enter into the dock the master of such vessel shall cause her sails to be lowered or furled; and if the master of any vessel shall navigate the same under sail into or in the dock, he shall for every such offence be liable to a penalty not exceeding level 1 on the standard scale.

 

 

61        Vessels to have hawsers, &c. fixed to moorings.

 

Every vessel in the harbour or dock, or at or near the pier, shall have substantial hawsers, tow-lines, and fasts fixed to the dolphins, booms, buoys, or mooring posts, when required by the harbour master; and if any vessel shall be in the harbour or dock, or at or near the pier, without substantial hawsers, tow-lines, or fasts fixed as aforesaid, after notice from the harbour master to the master of such vessel to furnish or fix the same, such master shall for every such offence be liable to a penalty not exceeding level 1 on the standard scale.

 

 

62        Penalty for wilfully cutting moorings.

 

Every person, other than the harbour master, who shall wilfully cut, break, or destroy the mooring or fastening of any vessel lying in the harbour or dock, or at or near the pier, shall for every such offence be liable to a penalty not exceeding level 1 on the standard scale.

 

 

72        Power to enter ship and search for and extinguish fires or lights.

 

The harbour master may enter into any vessel within the harbour or dock, or at or near the pier, to search for any fire or light in or suspected to be in such vessel, contrary to the provisions of this or the special Act, or of any byelaw made in pursuance thereof, and may extinguish the same; and any person who shall obstruct the harbour master in the execution of such duty shall for every such offence be liable to a penalty not exceeding level 1 on the standard scale.