1976
 
 
BRITISH WATERWAYS BOARD

 

 
BYE-LAWS
 
 
for regulating the use of pleasure boats and commercial vessels on canals belonging to or under the control of the British WWaterways Board made pursuant to the powers of the British Transport Commission Act 1954 (as amended by the British Waterways Acts 1971 and 1975) and for increasing the maximum penalties for breaches of other bye-laws.
 
 
Application of Bye-laws
 
Application of Bye-laws
1.     These Bye-laws shall apply to every canal or inland navigation in England and Wales belonging to or under the control of the British Waterways Board. These Bye-laws shall come into operation at the expiration of twenty-eight days after their confirmation by the Secretary of State and the bye-laws made by the Board on the 10th January 1975 and confirmed by the Secretary of State for the Environment on the 6th February 1976 shall from and after confirmation of these Bye-laws be and the same are hereby revoked.
 
 
Interpretation
 
Definition of terms
2.     In these Bye-laws except so far as the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say -
 
   
"the Board" means the British Waterways Board.
 
   
"canal" means any canal or inland navigation belonging to or under the control of the Board and includes any works lands or premises belonging to or under the control of the Board and held or used by them in connection with such canal or inland navigation.
 
   
"commercial vessel" means any ship, boat, barge, lighter or raft and any other description of craft used for the conveyance of goods on a canal other than a commercial waterway.
 
   
"commercial vessel licence" means a licence issued in writing by the Board to the owner of a commercial vessel enabling him to navigate such vessel on a canal other than a commercial waterway.
 
   
"commercial waterway" means a canal for the time being included in the list of commercial waterways set out in Part 1 of Schedule 12 of the Transport Act 1968.
 
   
"master" means the person having for the time being the command, charge or management of a pleasure boat or commercial vessel.
 
   
"owner" includes in relation to any pleasure boat or commercial vessel the masster or hirer.
 
   
"pleasure boat" includes any yacht, launch, randan, wherry, tender, skiff, gig, dingy, shallop, punt, canoe, float, or other ship, boat, vessel, or craft (including amphibious craft and hovercraft) but does not include any commercial vessel or a houseboat.
 
   
"pleasure boat licence" means a licence issued in writing by the Board to the owner of a pleasure boat enabling him to navigate such boat on a canal.
 
   
"river waterway" means any waterway for the time being specified in Schedule 1 to the British Waterways Act 1971.
 
 
Licensing
 
Licensing of pleasure boats and commercial vessels
3.   (1)  No person shall knowingly cause or permit to be brought, kept, let for hire or used on any canal (not being a river waterway) any pleasure boat unless there is then in force in relation to the pleasure boat a pleasure boat licence.
 
 
       (2)  No person shall knowingly cause or permit to be brought, kept, let for hire or used on any canal (not being a commercial waterway) any commercial vessel unless there is then in force in relation to the commercial vessel a commercial vessel licence.
 
 
Display of Licences
 
Display of licences
4.   (1)  The owner of a pleasure boat shall not knowingly cause or permit to be used on a canal (not being a river waterway) any pleasure boat in respect of which a pleasure boat licence has been issued unless the licence for the time being in force is displayed on the pleasure boat in such a manner and position as to be clearly visible from outside the pleasure boat at all times.
 
       (2)  The owner of a commercial vessel shall not knowingly cause or permit to be used on a canal (not being a commercial waterway) any commercial vessel in respect of which a commercial vessel licence has been issued unless the licence for the time being in force is displayed on the commercial vessel in such a manner and position as to be clearly visible from outside the commercial vessel at all times.
 
 
       (3)  No person shall knowingly cause or permit to be concealed a pleasure boat licence or commercial vessel licence required to be displayed on a pleasure boat or commercial vessel in accordance with this Bye-law.
 
 
Penalties
 
Penalties
5.     Any person who contravenes the foregoing or any of the Board's General Canal Bye-laws or any of the bye-laws for the regulation of the Gloucester and Sharpness Canal and River Severn Navigation and the bye-laws for prohibiting or controlling water-skiing shall be liable on summary conviction to a penalty not exceeding one hundred pounds for each offence and in any bye-law prescribing penalties the words "one hundred" shall be substituted for "twenty-five".
 
 
The application hereto of
the COMMON SEAL of the
BRITISH WATERWAYS BOARD is authenticated by
T.T. LUCKCUCK Secretary
on the seventeenth day of November 1976.
 
 
Confirmed by the Secretary of State for the Environment
on the fifth day of May 1977
 
 
R.J. GREEN
An assistant secretary in the
Department of the Environment