HEADLINE NEWS DIGEST

(Articles of importance to Boating and if you come across any interesting, relevant and informative article please forward them on to me )

APPROACH TO WARSHIPS IN PLYMOUTH

Recently a yacht has been reported to have been detained for nearly an hour and questioned quite strongly for coming within 100 metres of a warship It is said that they were hailed but ignored the call which may be why they were detained ( obviously a bad move ). It is said that it includes warships anchored in the Sound so extra care may have to be taken especially when racing between warships and between them and the breakwater. Having said all that I cannot find any changes on the internet regarding any changes in the Dockyard regulations from 1999 which as far as I can find are 50 metres from the ships and dockside and 100 metres from submarines.                                     June 2008

The new regime for ships' radio licensing

CYCC (Conference of Yacht Cruising Clubs) members will remember that Ofcom is preparing to issue lifetime licences for ships' radios from October 2006 under the following conditions:

•   Licences will be issued free-of-charge on-line (with a hard copy alternative for a fee), which the licensee will print and  keep a copy on the vessel.

•   Applications will declare the licensee's name and address and vessel callsign and MMSI number and identify the number of sets on board by category.

•  The licence will remain valid until the ship's owner or equipment change, when application will be needed for an updated licence.

•   OFCOM will remind licensees regularly by e-mail to keep their licences up-to-date and licensees must confirm the details every ten years.

•   OFCOM will respect the Data Protection Act, except for making relevant details available to HM Coastguard solely for Search and Rescue reasons.

•   Licensees must ensure that their sets are only used within the conditions of the licence and by persons with the relevant marine radio operator's certificate.Full details of Ofcom's policy statement of 8 December 2005 are to be  found at  www.ofcom.org.uk.

The proposal to introduce a fixed penalty regime for minor offences

Licences will be enforced by publicity campaigns and inspections at marinas, but the Government starts out with a concern that 20% of equipment is probably unlicensed at present. Ofcom can prosecute for serious offences, with fines up to £5,000, but recognises that this is heavy handed for minor offences. It is therefore considering a scheme whereby people may opt for a fixed penalty rather than go to court, as set out at www.dti.gov.uk.The scheme would operate in the following way:

•   It will apply to minor offences.

•   It will be limited to offences that are self evident and do not require proof of motive.

•   It will include sail training and other small coded craft as well as leisure vessels.

•   The proposed fixed penalty for leisure boat users will be set at £100, in an effort to discourage use of the option to go to court while avoiding being a derisory amount.

•   Ofcom will retain the right to prosecute through the courts in serious cases.

The Government argues that the scheme would allow a person the opportunity to settle an offence quickly without going to court and avoid prosecution and the possibility of acquiring a criminal record on conviction. From the Regulator's viewpoint, the scheme would dispose of offences quickly without the cost of a court case and saves the time of the Courts.The consultation paper asks eight questions, but the answers follow automatically if you conclude that, overall, the proposal appears reasonable.Clarification of the attitude of Ofcom and the meaning of 'minor offences'The consultation paper identifies two main types of offence that would be caught, namely not having a licence where one is required (unlicensed use) or using radio apparatus outside the terms of a license or any exemption from licence. The Hon. Secretary has corresponded with the DTI and Ofcom to better understand what is intended, identifying different scenarios.The officials have responded saying * This /s general advice and each case would of course be take n on its merits, but Ofcom are keen to continue to adopt a light touch and only prosecute as a last resort"

•  The assumptions behind the scenarios are that that use of a radio on board ship without a valid ship's radio licence applicable to that radio would attract the penalty, that the licence will be presented in a similar form to Ofcom's present Ship Radio Validation Document and that the Licence Terms Booklet would be as at present. The reply did not dissent and said: w Where a licence is not held there is no basis for issuing a contravention notice (see below). A Fixed    Penalty Notice could be issued (but depending on the severity of the offence, Ofcom would retain the option to prosecute without issuing a Fixed Penalty Notice."

•  The first set of scenarios suggested that a valid licence is held, but includes a VHP fixed set, which is shown on    inspection not to comply with all relevant type specifications; alternatively, whether there are means by which the    licensee can protect himself by identifying whether the set is type compliant; alternatively, the set is in fact type    compliant but is emitting spurious emissions unknown to the licensee. The reply said: "//? each of the scenarios it is    assumed that a licence is held, but that the terms of that licence have been contravened in some way. Under these    circumstances, Ofcom would be obliged by the Communications Act 2003 to issue a contravention notice (unless    harmful interference is being caused). The would give the licensee the opportunity to remedy the problem. Usually the    time period given is one month)."

VHF RADIO LICENCING

•   An additional scenario was that a valid licence is held, which includes a number of categories of sets (MF/HF, radar,     EPIRB , etc.) but it omits the VHF fixed set. The reply was: * This scenario could be construed as unlicensed use.    However, if a licence is held but, as in your example, simply omits a piece of equipment, then our understanding is that the Ofcom investigating officer would try to determine if this was either a genuine mistake or clerical error. (The assumption here being that the user has already shown commitment to the process by having a licence, and should be offered the opportunity to include the additional equipment in the licence)."

 Oct 2006

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