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NAVIGATION AUTHORITIES ACCEPT BOAT SAFETY SCHEME REVIEW TEAM’S INTERIM RECOMMENDATIONS
15 January 2001

British Waterways and the Environment Agency, co-sponsors of the Boat Safety Scheme (BSS), have met to discuss the interim statement of the BSS Review Team published on 22 December and have accepted its five initial recommendations.

 

Dave Fletcher, British Waterways' chief executive, said: “The Review Team obtained the widest possible input and their conclusions confirm that the BSS is generally accepted and seen as desirable and necessary.  The navigation authorities need to build on that goodwill.

 

“From the independent market research commissioned by the Review Team it is clear that the vast majority of boat owners support the principles of the Boat Safety Scheme.  The navigation authorities will now work together to implement those recommendations and develop support for the Scheme.”

 

Eileen McKeever, of the Environment Agency echoed Dr Fletcher's comments and added: “The Boat Safety Scheme was introduced to harmonise the standards by which different navigation authorities exercised their duty to protect both the safety of other waterway users and the waterway environment from pollution.  The implementation of the BSS has gone a long way towards improving safety on the waterways.  It has facilitated the freedom of movement of boats between different navigation authorities and it has helped to raise the standards of boat construction and maintenance.”

  

There were five initial recommendations, made by the Review Team, which are shown below in italics along with the navigation authorities' response:

 

·         The only mandatory requirements should be those justified as either essential safety or environmental requirements of the navigation authorities.

 

We accept this recommendation.  The technical standards on which the BSS is based will remain unchanged, but some of the Scheme's requirements may change from mandatory to advisory status.  The navigation authorities believe that all standards in the current scheme represent best practice and should be followed by all boaters and the boat-building industry.  In February we will seek the views of user groups and boating industry representatives about which standards may become advisory and which remain mandatory.

 

In the interim period, and until the recommendations have been evaluated and implemented, the existing examination requirements will continue as the basis on which boaters can obtain a navigation licence.  However, we recognise that the possibility of change may cause some concern about the need to carry out remedial work.  We will therefore introduce a time-limited exemption from certain BSS standards as a requirement for obtaining a navigation licence.  We will publish a technical checklist indicating those items that may become advisory.  There will be a time-limited exemption period of six months during which period boat owners whose craft fail under standards which may become advisory can still obtain a navigation licence.  To do this, owners will need to submit the failure certificate with the licence application showing failure on only the exempted items.  Any items eventually deemed to be mandatory will need to be remedied by boat owners before the conclusion of the six month exemption period.  Boat owners will also be encouraged to implement advisory items to maintain best practice with regard to safety of both their own craft and that of other waterway users.

 

·         Desirable best practice should be encouraged, the Scheme should do more to publicise, encourage and promote good practice and communicate risk.  Individual boat owners and users should play a significant part in safety improvements.

 

We accept this recommendation and believe that, if some of the best practice contained in the scheme is to become advisory, education will have a very important role to play.  Neither the time-limited exemption arrangements, nor the proposed new division between mandatory and advisory standards affect a boat owner's primary responsibility for the safety of a vessel and its occupants.

 

·         There should be a presumption against the retrospective introduction of higher standards to existing craft unless primary legislation or other safety regulations require them.

 

We accept this recommendation.  Throughout its development the Scheme has sought to work to this principle.  Any future change required as a result of primary legislation or other safety regulations will be fully consulted on in terms of their implementation and appropriate timescale.

 

·         The navigation authorities should reaffirm the Scheme's policy to harmonise with the Recreational Craft Directive, a simpler Scheme will facilitate this process.

 

We reaffirm that it is our policy to harmonise the BSS with the Recreational Craft Directive.

 

·         There should be a transparent technical appeals process

 

We agree. We await the publication of the full report to learn the details of the Review Team's thinking.

 

“While we await the full report of the Review Team, the Boat Safety Scheme will, subject to the interim exemption arrangement, remain in force in its current state. We expect to be able to make further rapid progress in consultation with user group and boating industry representatives,” said David Fletcher.

 

“We await with interest the additional recommendations which the Review Team are considering and the greater detail in the final report,” said Eileen McKeever.

 

- ENDS -

Notes for editors:

 

Attached to this press release is a document entitled Frequently Asked Questions.  It is intended as a guide for boat owners, examiners, surveyors and others while the time-limited exemption period is in force.

 

Inclusion of a BSS standard in the list of those for which a time-limited exemption may be obtained is not a guarantee that such a standard will acquire advisory status upon revision of the Scheme after consultation.

 

The acceptance of these recommendations by British Waterways and the Environment Agency in no way affect other navigation authorities who have adopted the BSS.  It is expected that other navigation authorities will shortly determine their policy in light of the Review Team's interim statement.

 

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SCHEME SPONSORS: British Waterways & Environment Agency
SUPPORTED BY AINA (Association of Inland Navigation Authorities)
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