Coastal paddlers at risk of regulation by DfT "personal watercraft" safety proposals

The Department for Transport (DfT) has launched a public consultation on the use and classification of recreational and personal watercraft (PWC). The UK Government has said that the purpose of the consultation is to "modernise laws and clamp down on dangerous driving of jetskis to protect the public and coastal areas". Canoe Wales and the other National Associations are concerned that the paddling community would unintentionally be caught by the new legislation. The proposed definition of "watercraft" would currently include all types of paddle craft, adversely affecting thousands of coastal paddlers.

The consultation - Strengthening enforcement of the dangerous use of recreational and personal watercraft - opened on 6 September 2021 and will close at 11.45pm on 1 November 2021.

The proposals from DfT would re-classify the use of recreational and personal watercraft ("PWC’s"), such as Jetskis and speedboats, making the users subject to the same laws and safety obligations as those who operate ships. This would mean tougher sentences for those caught driving recklessly. 

Worryingly, the definition proposed by the DfT consultation would include all unpowered craft that are over 2.5m in length. This would mean unpowered craft, such as sea kayaks, canoes, surfskis and paddleboards would be subject to the new rules. Canoe Wales therefore will be proposing the definition of "watercraft" contained within the draft order is too wide and should specifically exclude unpowered craft.

The consultation is part of the UK Government’s commitment to personal and recreational watercraft safety outlined in the Maritime Safety Action Plan launched by ministers during Maritime Safety Week 2019. Clearly, Canoe Wales supports all efforts to improve safety; however the figures quoted within the consultation do not accurately reflect the reality with regards to incidents involving unpowered craft.

British Canoeing operates a UK-wide incident reporting system and also analyses incident data supplied by the RNLI and WAID (Water Incident Database compiled by RoSPA). In analysing data over the past 5 years, there are no incidents involving paddle craft that have or could have caused harm as defined in the consultation. It is therefore difficult to see what purpose would be served by including paddle craft in the legislation.

The new legislation could mean that unpowered craft over 2.5m in length would be subject to greater regulation, registration, and enforcement by maritime authorities. Clearly the new legislation is not aimed at paddlers; however, a loosely worded definition within the draft order could be very detrimental in future if it is not changed. Challenging the proposed legislation at this stage is therefore important. 

Canoe Wales (and the other National Associations) will be responding to the consultation on behalf of our members, to ensure that the proposals do not unintentionally capture the thousands of paddlers who enjoy using our coast.

We would encourage any organisations or paddlers who may be affected by these proposals to make your views known before the consultation deadline. 

To have your say on the DfT’s proposals, please visit the GOV.UK website:
www.gov.uk/government/consultations/strengthening-enforcement-of-the-dangerous-use-of-recreational-and-personal-watercraft

The consultation closes at 11:45pm on 1 November 2021.