Are PWCs "Ships"? No, says the Court of Appeal.

Judgment has been given by the Court of Appeal in R v Goodwin [2005] EWCA Crim 3184. The Court concluded that the prosecution under the Merchant Shipping Act 1995, s.58 was misconceived. The Merchant Shipping Act 1995 s.313 defines a ship as including "every description of vessel used in navigation". Although the defendant's Yamaha Waverunner might fall within the definition of "every description of vessel" it was not "used in navigation".
Lord Phillips CJ, giving the judgment of the court, said at para 33,

The words "used in navigation" exclude from the definition of "ship or vessel" craft that are simply used for having fun on the water without the object of going anywhere, into which category jet skis plainly fall.

This reasoning is consistent with the earlier High Court cases of Curtis v Wild [1991] 4 All ER 172, and Steedman v Scofield [1992] 2 Lloyds Rep 163. In Curtis v Wild, Henry J sitting in the Queen's Bench Division at Manchester held that a sailing dinghy was not a vessel used in navigation because "messing about in boats" for purposes of pleasure was not "navigation". The Court of Appeal in Goodwin has defined "navigation" as "planned or ordered movement from one place to another" although a round trip there and back again might also qualify. It is not a necessary requirement that persons or property are transported. The difficult question is whether the test of "used in navigation" depends on the use to which a vessel is being put for the time being, or whether it is to be answered by reference to the primary object for which the vessel is constructed. PWCs and for that matter sailing dinghies and yachts may be used for "planned or ordered movement from one place to another" as well as "for having fun on the water without the object of going anywhere". Does this judgment mean they may be ships one day but not the next?

There were two further reasons for allowing the appeal against conviction.

The s.58 offence applies only to sea-going ships and PWCs are not sea-going.
The s.58 offence applies to "the master of, or any seaman employed in" a United Kingdom ship, which the Court of Appeal held means a master who is employed as such, which the defendant was not.

The Maritime and Coastguard Agency has indicated it intends to appeal to the House of Lords.

Bruce Grant
Newcastle Law School
8 December 2005