General

PART V GENERAL

Laying down moorings, buoys and other tackle

46. (1) Except as provided in paragraph (3) of this byelaw no person shall lay down any mooring or buoy or similar tackle without the prior permission in writing of the harbour master nor except in accordance with such reasonable conditions as the harbour master may impose.

(2) A mooring, buoy or similar tackle shall as soon as reasonably practicable be removed by its owner or any other person claiming possession of it if the harbour master so directs.

(3) Subject to paragraph (2) of this byelaw any person who, not less than 14 days in advance, has applied in writing to the harbour master for permission to lay temporary inflatable buoys in a specific area (which shall not include any marked fairway) for the purpose of racing, and has not been notified that such permission has been refused, may in daylight and without further reference to the harbour master, place, move, replace and remove any such buoy within the area to which the permission relates.

Dumping into the waters of the Port prohibited

47. No person shall deposit or throw into the waters of the Port any article, material or thing or place it in a position that it can fall, flow or drift into the harbour. The provisions of this byelaw shall not apply to a vessel’s sea toilet nor to the discharge or escape of any substance the discharge or escape of which is subject to the provisions of the Prevention of Oil Pollution Act 1971. or Part VI of the Merchant Shipping Act 1995.

Fishing gear not to obstruct vessels

48. No person shall cast or place any drift, trawl net or other fishing gear 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. No person shall leave any net or other fishing gear unattended at any time.

Fishing vessels not to trawl or dredge in or near licensed mooring area.

49. No person shall use a fishing vessel for the purpose of trawling or dredging in the main navigable channel or near licensed moorings in such a way as to create danger to vessels using those mooring areas or to the mooring tackle itself.

No dragging or grappling without permission

50. No person shall drag or grapple for any material or article nor remove the same from the bed of any water area of the harbour without the written consent of the harbour master unless -

(a) he has been directed to do so under byelaw 29; or

(b) it is for the purpose of immediately recovering an item accidentally dropped overboard within a small craft mooring area.

Abandonment of vessel prohibited

51. (1) No person shall abandon a vessel on the banks or shore of the Port.

(2) For the purposes of paragraph (1) 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 may reasonably be assumed to have abandoned it shall be deemed to have abandoned it there unless the contrary intention is shown.

Water skiing, aquaplaning, power boat racing, paragliding etc

52. (1) No person shall engage or take part in water skiing, aquaplaning, paragliding, power boat racing, para-kiting or parachute towing or any similar activity, except with the written permission of the harbour master given either specifically or generally and only in such areas as may be designated by the harbour master and in accordance with such reasonable conditions as the harbour master may impose.

(2) A master whilst using his vessel for the purpose of towing a water skier or a person aquaplaning, para-kiting or partaking in similar airborne or waterborne activity shall have on board at least one other person capable of taking charge of the vessel and of giving such assistance as may be reasonably required during the towing and in the recovery of the person or persons being towed and shall carry:-

(a) for each person on board or being towed a buoyancy aid or life jacket within the definitions in regulation 2(2) of the Merchant Shipping (Life-Saving Appliances for Passenger Ships of Classes III to VI (A)) Regulations 1999^{1 and two hand held distress signals and a fire extinguisher, and}

(b) for each person water being towed, a rescue quoit with line or other

sufficient hand thrown rescue device.

(3) No person shall operate a personal watercraft at a speed greater than 6 knots over the ground within 200 metres of Mean High Water Springs on either side of Southampton Water in the area hatched black on the map annexed to these Byelaws.

Sail Boarding and Kiteboarding.

53. No person shall engage in sail boarding or kiteboarding:

1 SI 1999/2723

(a) in the fairway, except for the purpose of crossing the fairway by the shortest possible route.

(b) in any part of the Port without care and caution or in such a manner as may result in damage to vessels or other craft moored in the Port or may endanger the safety of swimmers.

Diving Operations

54. No commercial diving operations shall be carried out except with the written permission of the harbour master.

Assistance to fire and other services

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

Fire Precautions

56.(1) The master of a vessel shall take all reasonable precautions for the prevention of accidental fire or accidents by fire.

(2) No person shall burn or heat any flammable matter or have or permit any fire on any vessel in the Port –

(a) in such manner as to cause danger of fire ; or

(b) without due precautions to prevent danger of fire on or to such vessel or elsewhere.

(3) Whilst any fire is used on board any vessel at or alongside any dock, quay, wharf, jetty or pier, the master of such vessel shall provide and keep at least one person continually on board, who shall be specially charged with the care of such fire.

(4) In the event of an outbreak of fire on board any vessel within the Port or in any building in the dock estate, the person in charge of such vessel, or the occupier of the building as the case may be, shall inform the harbour master as soon as possible of such outbreak and take immediate action to bring all available fire fighting equipment into operation.

Hot working

57. No person shall carry out any operations involving burning, welding or the use of naked flames on board vessels or on quays within the Port, except with the permission of the harbour master.

Destruction of vessels, wrecks, etc

58. No person shall set fire to, detonate destroy or break up any vessel, wreck or structure within the Port without the permission of the harbour master and then only in such position as shall be permitted by the harbour master in writing.

Obstruction of officers of ABP

59. No person shall intentionally obstruct any officer or employee of ABP in the execution of his duties.

Meetings

60.(1) Except with the consent of ABP, no person shall within the dock estate:-

(a) organise any general meeting; or

(b) deliver any address to an audience or gather together any persons whereby any work or business in the dock estate or the control, management or use of the dock estate is, or is likely to be, obstructed, impeded or hindered.

(2) This byelaw shall not apply to any meeting held for the purposes of, or in connection with requirements under, the Health and Safety at Work etc Act 1974 or any regulations made under that Act.

Unauthorised trading prohibited

61 (1) No person shall engage by way of trade, in buying or selling any goods or property in the dock estate without the written consent of ABP.

(2) Paragraph (1) of this byelaw shall not apply to buying or selling by a person on land which he occupies in the dock estate as a tenant or licensee of ABP for a purpose which includes the undertaking of that buying or selling.