Recreation, Leisure and Public Spaces - General Information

Byelaw Extracts – Pleasure Boats

Seaside Pleasure Boats    

Byelaws made by the Council of the Isle of Wight under section 76 of the Public Health Act 1961 for the prevention of danger, obstruction or annoyance to persons bathing in the sea or using the seashore.

Interpretation

1. In these byelaws, “navigator” means the person who, whether as owner or otherwise, has the charge or control of a pleasure boat or being present, is entitled to give orders to the person having charge or control.
Extent

2. These byelaws shall apply to the areas situated within the County of the Isle of Wight to the extent as specified in Part 1 and Part 2 of the Schedule to these byelaws.

Operation of pleasure boats

3. (1) Subject to paragraph (2) no person, being the navigator of a pleasure boat shall during the months of April to October inclusive cause or permit such vessel to exceed of speed of 8 nautical miles per hour through the water.

(2) Paragraph (1) shall not apply in relation to either of the following areas:

i) an area which is for the time being marked by the Council of the Isle of Wight as a buoyed lane leading seawards from the seashore, and
ii) an area which is seaward of a line of buoys for the time being placed or authorised by that Council to mark a boundary of an area adjacent to the seashore.

4. No person, being the navigator of a pleasure boat, shall cause or permit such vessel to be driven or sailed in a dangerous manner or without due care and attention or without reasonable consideration for other persons.

5. No person, being the navigator of a pleasure boat propelled by an internal combustion engine, shall use the pleasure boat unless the engine is fitted with a silencer suitable and sufficient for reducing as far as may be reasonable the noise caused by the escape of the exhaust gases from the engine.

Penalty

6. Any person offending against any of these byelaws shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Saving of Crown and other Rights

Nothing contained in any of the foregoing byelaws shall be deemed to be or shall operate as a grant by or on behalf of the Crown as owner of any part of the foreshore and seabed below high water mark of any estate or interest in or right over any such part foreshore and seabed, nor shall anything contained in or done under any of the provisions of the foregoing byelaws in any respect prejudice or injuriously affect the rights and interests of the Crown in such foreshore and seabed, or prevent the exercise thereon of any public rights or prejudice or injuriously affect any right, power or privilege legally exercisable in, or over and in respect of the foreshore and seabed.

Revocation

The byelaws relating to the seaside pleasure boats which were made by the Borough of South Wight on 6th day of January 1976 and were confirmed by the Secretary of State on 20th day of May 1976 are hereby revoked.

Schedule

Part 1

Areas in which byelaws 1 to 8 shall apply:

a) The seashore between the easternmost point of Gurnard Green, Gurnard to Hampstead Ledge, Hampstead, and the waters there from for a distance seaward of 200m.

b) The seashore between Needles Point and the easternmost point of Fort Victoria and the waters there from for a distance seaward 200m.

c) The area comprising the seashore around Freshwater Bay and the waters in that bay, bounded to the south by an imaginary line extending from Stag Rock to the southernmost point of Fort Redoubt.

d) The seashore between the westernmost point of Orchard Bay House, Orchard Bay, Ventnor and Dunnose Ledge, Bonchurch and the waters there from for a distance seaward of 200m.

e1) The seashore between the southernmost point of Horse Ledge, Shanklin and a point in Sandown Bay Latitude 50° 38’12” North longitude 01°10’ 03” West and waters here from for a distance seaward of 200m.

Part 2

Areas in which byelaws 1, 2 and 4 to 8 shall apply:

e2) The seashore between a point in Sandown Bay Latitude 50° 38’12” North longitude 01°10’ 03” West and 570m east-north-east of Yaverland Slipway, Yaverland Car Park, Yaverland and the waters there from for a distance seaward of 200m.

f) The seashore between Shag Rock, Culver to the north westernmost point of Beach Cottages, Bembridge Point, Bembridge and the waters there from for a distance seaward of 200m.

1) The waters to the east of St Helens Duver, bounded by an imaginary line extending 265m eastwards of the southernmost point of the Old Church ruins, to a point on the sea wall 600m southwards of the same southernmost point of the Old church ruins, and

2) The seashore adjacent to those waters.

3) The waters bounded by an imaginary line extending 265m east of the southernmost point of the Old Church ruins at the Duver, St Helens, to an imaginary line extending 600m from Priory Point at a bearing of North 048 degrees (True), and

4) The seashore adjacent to those waters.

5) The waters bounded by an imaginary line extending 600m from Priory Point at a bearing of North 048 degrees (True), to an imaginary line extending seaward for a distance of 200m from the north easternmost point of Puckpool Battery, Puckpool, Ryde and

6) The seashore adjacent to those waters

7) The waters bounded to the north by an imaginary line which begins at a point 200m north of the north eastern most point of Puckpool Battery, Puckpool, Ryde and extends west to the north eastern most point of Ryde Pier, Ryde and

8) The seashore adjacent to those waters

9) The waters bounded to the north by an imaginary line which begins 200m north of the north westernmost point of Prince Consort Hotel, Ryde and extends east to the north westernmost point of Ryde Pier, Ryde and

10) The seashore adjacent to those waters

All stated distances seaward shall be treated as being measured from the mean low water mark. All stated distances are in metres.