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Government accepts Reporting Regulations are defective

The Maritime and Coastguard Agency has accepted the concerns expressed over the inappropriate application of the Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) Regulations 2004 to small craft. It has issued a new draft statutory instrument the intention of which is to revert to the legal position before the 2004 Regulations came into force. The MCA stated:

The 2004 Regulations have been interpreted by owners of smaller recreational craft as requiring them to report all accidents and incidents, whether or not the safety of a ship is or could be affected. They are concerned that relatively safe routine occurrences experienced by sailing dinghies, such as capsizes and collisions with craft of similar size, have to be reported. The extent of their concern is such that the Royal Yachting Association (RYA) is making a legal challenge to this aspect of the 2004 Regulations.

The MCA's revised position is set out here. The new Regulations are expected to be laid before Parliament in May 2005.