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Windermere Byelaws

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Windermere Registration Byelaws 2008

General

1. These byelaws may be cited as “The Windermere Registration Byelaws 2008”.

2. These byelaws shall be applicable to the lake known by the name of Windermere.

3. In these byelaws the following words and expressions have the meanings hereby assigned to them respectively:

3.1. The word “lake” means the lake specified in byelaw 2 above and all waters other than rivers connected therewith navigable by vessels from Waterhead at Ambleside in the north to the south east side of the Bridge opposite the Swan Hotel at Newby Bridge in the south.

3.2. The word “vessel” includes every description of water craft used or capable of being used as a means of transportation on water and includes all hovercraft as defined in the Hovercraft Act 1968 and aeroplanes (seaplanes and amphibians).

3.3. The term “power driven vessel” means any vessel propelled by machinery.

3.4. The word “Authority” means the Lake District National Park Authority.

3.5. The term “approved mark” means a distinguishing mark which has been approved by the Authority for the purposes of these byelaws

3.6. The term “annual mark” means a mark of the size and colour and shape prescribed by the Authority by resolution for the purpose of indicating that a power driven vessel has been registered in any year.

Registration

4. No owner or other person lawfully or wrongfully having the command, charge or management of a power driven vessel shall cause it to be brought, kept, let for hire or used on the lake unless it is registered with the Authority as provided by byelaw 5.

5. A power driven vessel may be registered with the Authority by any person 16 years of age or more in the following manner.

5.1 An applicant for registration of a power driven vessel shall pay to the Authority such reasonable sum by way of registration fee (calculated by the Authority so as to provide that the estimated total sum generated from registration fees received in any one year shall not exceed the full cost of operating the registration scheme) for each year of registration as may be fixed from time to time by the Authority by resolution.

5.2. An applicant for registration of a power driven vessel shall deliver to the Authority on a form of application supplied by the Authority such information as may from time to time be prescribed by the Authority by resolution.

5.3. Upon receipt of the form of application and of the registration fee the Authority shall allocate to the power driven vessel a number and shall prescribe its size and design and shall notify the applicant of this number and of its prescribed size and design.

5.4. Upon registering the power driven vessel in the manner specified in this byelaw the Authority shall also issue in respect of the vessel two annual marks.

5.5. The applicant shall cause the number of the size and design prescribed to be displayed on both sides of the hull of the power driven vessel in such a manner and position to be clearly visible.

5.6. The applicant shall also cause the annual marks to be displayed on both sides of the hull adjacent to but not touching or obscuring the number referred to in byelaw 5.5 and so as to be clearly visible.

5.7. Where a power driven vessel displays an approved mark in a manner and position so as to be clearly visible it may be registered without the requirements of byelaws 5.3 and 5.5 being satisfied.

5.8. In the case of a power driven vessel entitled to the benefit of byelaw 5.7 the requirements of byelaw 5.6 shall be satisfied provided that the annual marks are displayed in a manner which makes them clearly visible on both sides of the hull or superstructure.

6.1. Registration shall be deemed to have taken place when the prescribed number is notified to the applicant together with the supply of the annual marks and shall lapse on the 31st day of December in any year.

6.2. Where in accordance with byelaw 5.7 a power driven vessel is exempted from the requirements of byelaws 5.3 and 5.5 registration shall be deemed to have taken place from the date on which the Authority notifies the applicant that the power driven vessel is so exempted and supplies the annual marks.

7. Registration may be renewed in the manner provided in byelaw 5.

8. If a power driven vessel has been registered with the Authority and during the year for which registration is valid any of the requirements of the foregoing byelaws as to the display of numbers, annual marks or the approved mark are not complied with then registration shall lapse for so long as the requirements are not so complied with.

9. Upon every transfer of ownership of a power driven vessel which is registered with the Authority the transferor shall within fourteen days of the date of transfer notify the Authority in writing of the number or approved mark of the power driven vessel transferred and the name and address of the transferee.

Exemption from Registration

10.1. Except as provided in byelaw 10.2 where a power driven vessel is licensed or certificated in the name of a person of 16 years of age or more by the appropriate authority by virtue of S.94 of the Public Health Acts Amendment Act 1907 or Part II of the Merchant Shipping Act 1995 respectively or any statutory modification or re-enactment thereof and the same power driven vessel displays an approved mark in a manner and position so as to be clearly visible it shall not be deemed an offence against these byelaws to cause that vessel to be brought, kept, let for hire or used on the lake without it being registered with the Authority.

10.2. Byelaw 10.1 shall not apply in respect of a “small ship” as defined in Section 1(2) of the Merchant Shipping Act 1995 or any statutory modification or re-enactment thereof.

11. It shall be deemed not an offence against these byelaws for the following persons in circumstances necessary to the proper execution of their duty to use on the lake a power driven vessel which is not registered with the Authority.

(i) a police officer
(ii) an officer of the South Lakeland  District Council
(iii) an officer of the Environment Agency
(iv) any person or servant of any person acting with the authority of the Authority.

12. Any person who knowingly provides the Authority with false information when making an application for registration as provided in byelaw 5 or when notifying the Authority of a transfer of ownership as provided in byelaw 9 shall be guilty of an offence under these byelaws.

Provision of Information

13.1. Where the Master of any vessel is alleged to be guilty of an offence contrary to the provisions of these byelaws or to the provisions of the Windermere Navigation Byelaws 2008 any person registered with the Authority as the owner of the vessel or registered as the owner of the vessel under the provisions of part II of the Merchant Shipping Act 1995 shall within 28 days of a written request give such information as to the identity of the Master of the vessel at the time of the alleged offence as he may be required to give by a police constable or by any person authorised by the Authority.

13.2. A person who fails to comply with the requirements of byelaw 13.1 shall be guilty of an offence unless he shows to the satisfaction of the court that he did not know, and could not without reasonable diligence have ascertained, who was the Master of the vessel at the time of the alleged offence.

Penalties

14. Any person who shall offend against the foregoing byelaws shall be liable on summary conviction to a penalty not exceeding level 2 on the standard scale.

Repeal

15. The Windermere Registration Byelaws 1988 shall be repealed from the date on which these byelaws come into effect.

GIVEN under the common seal of the Lake  District National Park Authority this Second day  of October 2008

Executed as a deed by affixing the Common Seal of LAKE DISTRICT NATIONAL PARK AUTHORITY in the presence of:
Richard Leafe Chief Executive

The foregoing byelaw(s) are hereby confirmed by the Secretary of State and shall come into operation on the 25th day of February 2011.

Signed by authority of the Secretary of State,  Home Office, London SW1
Signed:Richard Benyon MP Minister for Natural Environment and Fisheries


General

1. These byelaws may be cited as the ‘Windermere Navigation Byelaws 2008’.

2. These byelaws shall be complied with by all vessels on the lake known as Windermere.

3. In these byelaws the following words and expressions have the meanings hereby assigned to them respectively:

3.1. the word ‘lake’ means the lake specified in byelaw 2 above and all waters other than rivers connected therewith navigable by vessels from Waterhead at Ambleside in the north to the south east side of the Bridge opposite the Swan Hotel at Newby Bridge in the south;

3.2. the word ‘vessel’ includes every description of water craft used or capable of being used as a means of transportation on water and includes all hovercraft as defined in the Hovercraft Act 1968 submarines and aeroplanes (seaplanes and amphibians) (but excludes the Windermere Ferry);

3.3. ‘Windermere Ferry’ means the ferry vessel plying for the carriage of persons and vehicles on the lake between Ferry Nab and Ferry House and any vessel or vessels operated for or on behalf of the highway authority in substitution therefor;3.4the term ‘power-driven vessel’ means any vessel propelled by machinery;3.5the word ‘Authority’ means the Lake District National Park Authority;

3.4. the term ‘power-driven vessel’ means any vessel propelled by machinery;

3.5. the word ‘Authority’ means the Lake District National Park Authority;

3.6. the words “authorised officer” means any police constable or any person who the Authority have found to be competent and who has been authorised by the Authority to discharge the functions of the Authority in connection with the enforcement of these byelaws and the Windermere Registration Byelaws 2008.

3.7. the word ‘length’ in relation to a vessel means the overall length of the vessel;

3.8. the word ‘mile’ means an International Nautical Mile of 1852 metres and references to ‘miles per hour’ shall be interpreted as nautical miles per hour (knots);

3.9 the word ‘visible’ in relation to lights means visible on a dark night with a clear atmosphere;

3.10. the word ‘fairway’ means a navigable channel running between two areas of shallow water;

3.11. the word ‘parascending’ means the activity of towing behind a boat at a height above the water governed by the speed of the vessel a person securely attached to a parachute or like device;

3.12. the words ‘competent person’ shall exclude any person who has not attained the age of 16 years;

3.13. the word ‘master’ shall mean the person having the command charge or management of a vessel for the time being;

3.14. the word ‘drugs’ means any intoxicant  excluding alcohol.

3.15. A power-driven vessel under sail and not under power shall be deemed for the purposes of these byelaws to be a sailing vessel and a vessel under power, whether under sail or not, shall be deemed for the purposes of these byelaws to be a power-driven vessel.

3.16. A vessel is under way within the meaning of these Byelaws when she is not at anchor, made fast to the shore, aground or attached to a mooring.

3.17. For the purposes of these byelaws, the expression “water-skiing” means those activities whereby persons are towed on water by a power-driven vessel whilst:

(a) being supported by means of:

  • (i) a solid ski or skis; or
  • (ii) another shaped solid device attached to the feet or held between the body and the water; or

(b) being towed barefoot; but no other activity whatsoever including, for the avoidance of doubt, any activity whereby a person is towed by a power-driven vessel whilst being supported in or on the water by any inflatable device which is for the time being inflated, and the term “water-skier” shall be construed accordingly;

3.18. “inflatable device” means anything designed, adapted or constructed solely for the purpose of recreational use in conjunction with a power-driven vessel, whether or not the same is used to support a person or persons in or on the water and which maintains its shape and derives its buoyancy from being inflated, but excludes any inflatable vessel.

4. Byelaws Concerning Lights

4.1 The master of every vessel shall comply with the provisions of these byelaws concerning lights (that is to say, byelaws 4.2 to 4.12), in all weathers from sunset to sunrise. The lights prescribed by these byelaws shall also be exhibited from sunrise to sunset in restricted visibility.

4.2

(a) 'Masthead light’ means a white light placed over the fore and aft centreline of the vessel showing an unbroken light over an arc of the horizon of 225 degrees and so fixed as to show the light from right ahead to 22.5 degrees abaft the beam on either side of the vessel;

(b) ‘Sidelight’ means a green light on the starboard side and a red light on the port side each showing an unbroken light over an arc of the horizon of 112.5 degrees and so fixed as to show the light from right ahead to 22.5 degrees abaft the beam on its respective side;

(c) ‘Sternlight’ means a white light placed as nearly as practicable at the stern showing an unbroken light over an arc of the horizon of 135 degrees and so fixed as to show the light 67.5 degrees from right aft on each side of  the vessel;

(d) ‘All round light’ means a light showing an unbroken light over an arc of the horizon of 360 degrees.

4.3. A power-driven vessel of 12 metres or more in length, when under way, shall carry lights of an intensity so as to be visible at the following minimum ranges;

(a) a masthead light, 3 miles;

(b) sidelights, 2 miles;

(c) a sternlight, 2 miles.

4.4. A power-driven vessel of less than 12 metres in length, when under way shall carry lights of intensity so as to be visible at the following minimum ranges:

(a) a masthead light, 2 miles;

(b) sidelights, 1 mile;

(c) a sternlight, 2 miles;

or, in lieu of the foregoing, an all round white light and sidelights, minimum visibility 2 miles and 1 mile respectively.

4.5. A power-driven vessel of less than 7 metres whose maximum speed does not exceed 7 knots may in lieu of the lights prescribed in byelaw 4.4 exhibit an all-round white light and shall, if practicable, also exhibit sidelights, minimum visibility 2 miles and 1 mile respectively.

4.6. The masthead lights or all round white light on a power-driven vessel of less than 12 metres in length may be displaced from the fore and aft centreline of the vessel if centreline fitting is not practicable, provided that the sidelights are combined in one lantern which shall be displaced from the fore and aft centreline of  the vessel by the same amount and in the  same direction.

4.7. A power-driven vessel when towing another vessel shall carry, in addition to the lights prescribed in byelaws 4.3 to 4.6 (as the case may be) an additional masthead light of similar intensity in a vertical line above or below  that light.

4.8. A vessel being towed shall exhibit i) sidelights, minimum intensity 1 mile; ii) a sternlight, minimum intensity 2 miles.

4.9. A sailing vessel underway shall exhibit i) sidelights, minimum intensity 1 mile;ii) a sternlight, minimum intensity 2 miles.

4.10. In a sailing vessel of less than 20 metres in length the lights prescribed in byelaw 4.9 may be combined in one lantern carried at or near the top of the mast where it can best be seen.

4.11. A sailing vessel of less than 7 metres in length or a vessel under oars shall, if practicable, exhibit the lights prescribed in byelaw 4.9 or 4.10, but if she does not, she shall have ready at hand an electric torch or lighted lantern showing a white light which shall be exhibited in sufficient time to prevent collision.

4.12. A vessel at anchor in or near a fairway, shall carry forward where it can best be seen, a white light visible all round the horizon at a distance of at least 1 mile. This byelaw shall not apply to vessels and boats when at their permanent recognised moorings, if those moorings are out of the fairway.

4.13. The Windermere Ferry shall carry headlights in its direction of motion, together with deck illumination.

5 Conduct in Restricted Visibility

5.1. The master of every vessel shall comply with the provisions of these byelaws as to conduct in restricted visibility.

5.2. Every vessel shall, in fog, mist, falling snow, heavy rain storms or any other conditions similarly restricting visibility, go at a moderate speed, and shall, if necessary, slacken speed or stop or reverse in order to avoid risk of collision.

5.3. Every vessel shall at all times carry a whistle or other means of making an efficient sound signal.

5.4. A power-driven vessel making way through the water shall, in fog, mist, falling snow, heavy rain storms or any other conditions similarly restricting visibility, sound at intervals of not more than two minutes one prolonged blast.

5.5. A power-driven vessel under way but stopped and making no way through the water shall sound at intervals of not more than two minutes, two prolonged blasts in succession with an interval of about two seconds between them.

5.6. A vessel at anchor or aground in a fairway, a vessel restricted in her ability to manoeuvre, a sailing vessel, a vessel engaged in fishing and a vessel engaged in towing, shall, instead of the signals prescribed in Byelaws 5.4 and 5.5, sound at intervals of not more than two minutes, three blasts in succession, namely one prolonged, followed by two short blasts.

5.7. Every vessel shall, in fog, mist, falling snow, heavy rain storms or any other conditions similarly restricting visibility display the lights required to be carried on vessels by virtue of Byelaws 4.3 to 4.12.

6 Steering and Sailing Byelaws

6.1. The master of every vessel shall navigate the said vessel in accordance with the following byelaws relating to steering and sailing and shall at all times maintain a proper lookout by sight and hearing as well as by all available means appropriate in the prevailing circumstances.

6.2. When two sailing vessels are approaching one another, so as to involve risk of collision, one of them shall keep out of the way of the other as follows:

(a) when each has the wind on a different side, the vessel which has the wind on the port side shall keep out of the way of the other;

(b) when both have the wind on the same side the vessel which is to windward shall keep out of the way of the vessel which is to leeward;

(c) if a vessel with the wind on the port side sees a vessel to windward and cannot determine with certainty whether the other vessel has the wind on the port or on the starboard side, she shall keep out of the way of the other.For the purposes of this byelaw the windward side shall be deemed to be the side opposite to that on which the mainsail is carried.

6.3. When two power-driven vessels are meeting head on, or nearly head on, so as to involve risk of collision, each shall alter her course to starboard so that each may pass on the port side of the other.

6.4. When two power-driven vessels are crossing so as to involve risk of collision, the vessel which has the other on her own starboard side shall keep out of the way and shall if the circumstances of the case admit, avoid crossing ahead of the other vessel.

6.5. When a power-driven vessel and a sailing vessel are proceeding in such directions as to involve risk of collision, the power-driven vessel shall keep out of the way of the sailing vessel.

6.6. When two vessels, one of which (whether or not fitted with propelling machinery or carrying sails) is being manually propelled solely by the use of oars, are proceeding in such directions  as to involve risk of collision, the vessel which  is not under oars shall keep out of the way of the other.

6.7. Where by any of these byelaws one of the two vessels is to keep out of the way, the other shall keep her course and speed. When, from any cause, the latter vessel finds herself so close that collision cannot be avoided by the action of the giving-way vessel alone, she shall also take such action as will best aid to avert collision.

6.8. Every vessel which is directed by these byelaws to keep out of the way of another vessel shall, so far as possible, take positive early action so as to ensure a safe passing distance, and shall, if the circumstances of the case admit, avoid crossing ahead of the other.176.9Every power-driven vessel which is directed by these byelaws to keep out of the way of another vessel shall, on approaching her, if necessary, slacken her speed or stop or reverse.6.10    If a power-driven vessel is in any circumstances unable to manoeuvre in compliance with these byelaws, she shall sound the letter ‘D’ in the Morse Code (that is to say one long blast followed by two short blasts) to indicate ‘I am unable to give way’. It shall then be the duty of the other vessel to keep clear.

6.11. Notwithstanding anything contained in these byelaws, every vessel overtaking any other vessel shall keep out of the way of the  overtaken vessel.

6.12. When two power-driven vessels are approaching, from approximately northerly and southerly directions respectively, a pier or landing stage preparatory to going alongside it and both vessels are at nearly equal distance therefrom, the vessel which is to the northward of the other shall give way and allow the other vessel to go alongside first. If, owing to miscalculation of distance, any doubt exists as to which vessel is alongside first, the vessel which is to southward of the other shall sound 1 long blast to indicate ‘I am going alongside’ and that other vessel shall acknowledge by sounding 3 short blasts.

6.13. If necessary to attract attention in the interests of safety, one prolonged blast shall be sounded by a power-driven vessel when starting from any pier or landing stage.

6.14. All vessels shall, whenever possible, pass astern of the Windermere Ferry. Whether passing astern or ahead, vessels shall not pass nearer than two ferry lengths (60 metres) of the said ferry except that no vessel shall pass between the said ferry and the shore when the said ferry is within three ferry lengths (90 metres) of the shore.

6.15. No master of a power-driven vessel shall cause or permit it to be used for the purposes of towing any inflatable device.

7. Interference with Class V passenger vessels (SOLAS 1974)

Notwithstanding anything contained in these byelaws, the master of any vessel shall not intentionally or recklessly hamper the safe passage of a Class V passenger vessel in the areas of the lake specified in byelaw 12.1 (a), (c) and (d).

8. Reckless Navigation

No master of any vessel on the Lake shall navigate it recklessly.

9. Navigating Without Due Care And Attention

No master of any vessel shall navigate it without due care and attention or without reasonable consideration for other vessels or for the public using the Lake.

10. Drunken Navigation

No master of any vessel or any other person shall navigate it while unfit to do so through drink or drugs.

11. Mooring of Vessels

11.1. Save in an emergency, no person shall moor, anchor or tie up any vessel in any part of the Lake where it is likely to cause nuisance, injury or damage to individuals or property.

11.2. Save in an emergency, no person shall tie or otherwise secure a vessel to any buoy, beacon or pole marking a navigation hazard or instruction.

11.3. Where a vessel has been moored contrary to the provisions of this byelaw and is unoccupied or has been found drifting or abandoned, whether or not it is for the time being a hazard to navigation, it shall be taken to the nearest suitable safe place at the discretion of an authorised officer. The Authority or any person authorised by the Authority may levy such charges on the owner of the boat necessary to cover costs thereby incurred, and in the case of a power-driven vessel the person registered with 19the Authority as the owner or (if the vessel is not registered with the Authority) the person who is registered as the owner of the vessel on any part of the British Register of Shipping in accordance with the provisions of the Merchant Shipping Act 1995 shall be liable for such charges. No responsibility of any kind whatsoever can be attached to the Authority or any Authorised Person for any damage to or loss of any boat or for inconvenience caused when such action has been taken.

12. Speed Limits

12.1 No master of a vessel shall cause or permit it to be navigated at a greater speed than 6 miles per hour (6 knots) through the waters of the Lake in any of the following areas:

(a) at the northern end of the Lake, the area north of a straight line drawn from Wansfell Boathouse (on the eastern shore) (OS NY 381 025) to the Green Tuft (OS NY 374 020) and thence to Fisherty How (on the western shore)(OS NY 373 018);

(b) in White Cross Bay the area bounded by a straight line drawn between the White Cross erected on the northern shore of the bay (OS NY 389 005) and the westernmost point of the southern shore (OS NY 391 001);

(c) in the vicinity of Bowness Bay and Belle Isle the area bounded by:

  • (i) a straight line drawn from the northeastern corner of the house known as ‘Strawberry Gardens’ (on the western shore) (OS SD 388 975) through the northernmost point of Lady Holme (OS SD 398 975) thence to the northernmost  point of Roughholme (OS SD 399 980) and thence to the northernmost point of the house known as ‘Rayrigg Hall’ (on the eastern shore) (OS SD 403 981);
  • (ii)  a straight line drawn from The Ferry Landing (on the western shore) (OS SD 391 957) to Ferry Nab (on the eastern shore) (OS SD 396 958);

(d) at the southern end of the lake the area south of a straight line drawn from Ringing Crag (on the eastern shore) (OS SD 382 883) to a point on the western shore at OS SD 378 883;

12.2. No master of a power-driven vessel shall  cause or permit it to be navigated at a greater speed than 6 miles per hour (6 knots) when towing another vessel.

12.3. Save as hereinafter provided, no master of a power-driven vessel shall cause or permit it to be navigated at a greater speed than 10 miles per hour (10 knots) through those waters of the lake which fall outside the areas defined for the purposes of byelaw 12.1 (a) to (d) inclusive;

12.4. The use of a power-driven vessel in circumstances necessary to the proper execution of his duty by any of the following persons, that is to say:

(a) a police officer;

(b) an officer of the Environment Agency;

(c) an authorised officer;

(d) any person taking part in rescue operations or in securing the safety of persons on the lake; or

(e) any person authorised by a permission granted by the Authority in accordance with byelaw 12.5 shall not be deemed an offence against these byelaws.

12.5. The Authority may give permission to nominated individuals or organisations from time to time to navigate power driven vessels in specified parts of the Lake in excess of the speed limits specified in byelaw 12 and may impose conditions subject to which any such permission is granted.

12.6.  Failure by any person to comply with any condition imposed pursuant to byelaw 12.5 shall constitute a breach of the provisions of byelaw 12.

12.7. When considering whether to grant permissions pursuant to byelaw 12.5 the Authority shall act in accordance with such policies as are adopted by it from time to time.

13. Young Persons

13.1. No power-driven vessel of greater capacity than 4 brake horse power or 3 kilowatts, according to the manufacturers’ specification for engine measurement, shall be navigated by a person under the age of 16 years.

14. Water Skiing

14.1. The master of a power-driven vessel shall not cause or permit it to be used for the purposes of water-skiing except in accordance with the following paragraphs;(a)  when towing a water skier the vessel shall carry two competent persons (excluding the skier or skiers), one of whom shall navigate the vessel and the other of whom shall watch the water skier and relay his signals to the navigator;(b)  the vessel shall be equipped with a mirror so constructed and fixed as to enable the navigator of the vessel to observe the waterskier and vessels to the rear of his vessel.

14.2. The master of a power-driven vessel shall not cause or permit it to tow more than two water-skiers at any one time. Provided that this byelaw shall not apply to any person who has first obtained the written approval of the Authority.

14.3. No water skier shall ski in such a manner as to cause danger or give reasonable cause for annoyance to any other vessel or member of the public using the lake.

14.4. No water skier on the lake shall ski while unfit to do so through drink or drugs.

15. Parascending

No person shall cause or permit to be used any vessel for the purposes of parascending unless the prior written approval of the Authority has first been obtained.

16. Avoidance Of Immediate Danger

In obeying and construing these Byelaws due regard shall be had to all dangers of navigation 22and collision and to any special circumstances, including the limitations of the craft involved, which may render a departure from the above Byelaws necessary in order to avoid immediate danger.

17. Aeroplanes And Hovercraft

17.1. No person shall cause or permit to be navigated on the surface of the lake any vessel which is an aeroplane or hovercraft unless the prior written approval of the Authority has first been obtained.

17.2. In giving any approval pursuant to byelaw 17.1 the Authority may impose conditions regulating the operation of any vessel so permitted.

17.3. Failure by any person to comply with any condition imposed pursuant to byelaw 17.2 shall constitute a breach of the provisions of byelaw 17.

18. Restricted Navigation In Pull Wyke Bay

18.1. No power-driven vessel shall be navigated for pleasure purposes in that part of the lake known as Pull Wyke Bay west of a straight line drawn between (OS NY 369 024) on the northern shore of the bay and (OS NY 368 021) on the southern shore of the bay between 1 March and 1 August in any year.Provided that it shall not be an offence under this byelaw for any person to navigate under power in the said Bay for the purpose of mooring or leaving a mooring lawfully granted by the South Lakeland District Council or for the purpose of making lawful access to and from the shore.

19. Noise And Silencers

19.1. The master of every vessel propelled by an internal combustion engine shall comply with the byelaws relating to the emission of noise and the fitting of silencers.

19.2. Every vessel propelled by an internal combustion engine shall be fitted with a silencer expansion chamber or other contrivance suitable and sufficient for reducing as far as maybe reasonable the noise caused by the escape of the exhaust gases from the engine.

19.3

(a) No vessel propelled by an internal combustion engine shall be used on the lake so that the exhaust gases from the engine escape into the atmosphere without first passing through the silencer, expansion chamber or other contrivance required by these byelaws to be fitted;

(b)  Every such silencer expansion chamber or other contrivance shall at all times while the vessel is used on the Lake be maintained in good and efficient working order and shall not have been altered in such a way that the noise caused by the escape of the exhaust gases is made greater by the alteration.

20. Notice Of Accidents

20.1. If in any case owing to the presence of a vessel in or on the Lake an accident occurs whereby any damage is caused to any other vessel or property or injury is caused to any person, each and every vessel involved shall stop as soon as is practicable and the master of each vessel shall, if required to do so by any person having reasonable grounds for so requesting, give his name and address and also the name and address of the owner and the name and registration number, if any, of the vessel. If for any reason details are not exchanged then the accident shall be reported to an authorised officer as soon as is practicable and in any case within 24 hours.

20.2. The master of every vessel which, through accident or other similar cause has sunk or is stranded in the Lake shall forthwith give notice to an authorised officer or the MCA Coastguard of the position of such vessel.

21. Directions Of Authorised Officers

21.1. The master of every vessel shall obey and conform to the directions of any authorised officer relating to the navigation, registration, mooring or unmooring of such vessel and shall comply immediately with any request by an authorised officer to stop a vessel or to moor the vessel at any specified place for the purposes of enabling an authorised officer to interview the master and any passengers of the vessel in connection with a suspected breach of the byelaws.

21.2. Any authorised officer giving directions to vessels, their masters and passengers shall at all times carry identification approved by the Authority sufficient to identify them as authorised officers.

22. Interference With Craft

22.1. No person other than an authorised officer acting in the course of his duty shall cast off the mooring line or lines of any vessel unless he does so with the permission of the owner or master of the vessel.

22.2. No person other than an authorised officer shall start the engine or in any way interfere with the machinery of any vessel without the permission of the owner or master of the vessel.

23. Defence Of Due Diligence

In any proceedings taken to enforce any provision of these Byelaws which are taken against a person by virtue of the fact that he is the master of a vessel it shall be a defence for the person charged to prove that he used all due diligence to secure compliance with the provision.

24. Enforcement Of Byelaws

In addition to the powers of enforcement conferred by Section 90 (6) of the National Parks and Access to the Countryside Act 1949 the power to enforce these byelaws shall be exercisable by any Police Constable.

25. Power Of Arrest

For the purposes of these Byelaws it shall be lawful for a police constable to arrest without warrant a person committing an offence under Byelaws 10 and 14.4.

26. Restricted Launching And Retrieval Of Powered Boats At Waterhead.

No person shall without lawful authority launch or retrieve any powered boat from the beach at Waterhead between a point adjacent to the Windermere Lake Cruises Limited pier at the south end thereof and a point to the north abutting the boundary of the Wateredge Hotel otherwise than in accordance with the provisions as may be laid down from time to time by the South Lakeland District Council.

27. Penalties

Any person offending against any of the foregoing byelaws shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

28. Repeal

The Windermere Navigation Byelaws 1986, the Windermere Navigation (Amendment) (No 1) Byelaws 1992, the Windermere Navigation (Amendment) (No 2) Byelaws 1992 and the Windermere Navigation (Amendment) (No 3) Byelaws 1992 shall be repealed from the date on which these byelaws come into effect.

GIVEN under the common seal of the Lake  District National Park Authority this Second day of October 2008
Executed as a deed by affixing the Common Seal of the LAKE DISTRICT NATIONAL PARK AUTHORITY in the presence of:
Richard Leafe, Chief Executive

The foregoing byelaw(s) are hereby confirmed by the Secretary of State and shall come into operation on the 21st day of September 2012.
Signed by authority of the Secretary of State, Home Office, London SW1
Signed: Richard Benyon MP Minister for Natural Environment and Fisheries.

National Rivers Authority Windermere (Prevention of Pollution) Byelaws 1977

The National Rivers Authority in pursuance of the provisions of Section 5 of the Rivers (Prevention of Pollution) Act 1951 Do Hereby make the following byelaws:

1. Subject to byelaw 3, no person being the owner or the hirer thereof shall keep or use of knowingly permit to be kept or used on the stream any vessel provided with a sanitary appliance of such design that polluting matter normally passes or can pass into the stream.

2. Where any vessel is fitted with a sanitary appliance such appliance shall be so designed, constructed and at all times maintained as reasonably to prevent any such passage as aforesaid.

3. The owner or master of every vessel present on the stream at the date of coming into force of these byelaws, and of every vessel entering the stream on or after such date, if such vessel is fitted with sanitary arrangements or appliances so designed or constructed as to permit the passage into the stream of polluting matter, shall without delay give notice to the Authority specifying the nature of such arrangements aforesaid and shall, upon being requested by the Secretary and Solicitor of the Authority or other Officer of the authority so to do, afford such Officer facilities for the taking by him of such steps by way of sealing or otherwise as may be reasonably necessary for preventing the passage into the stream of polluting matter from the vessel so long as the vessel remains on the stream, and so long as the vessel remains on the stream no interference or alteration shall be made with the sealing or other steps so taken as aforesaid except with the approval of the Authority. Any notice under this byelaw shall be given in writing to the National Rivers Authority, Chertsey Hill, London Road, Carlisle CA1 2QX.

4. No person shall discharge polluting matter into the stream from any sanitary appliance used thereon.

5. In these byelaws the following expressions have the meanings hereby respectively assigned to them, that is to say:

“Authority” means the National Rivers Authority.

“hirer” means any person to whom a vessel shall be on hire or any person in charge thereof by the appointment or permission of the owner.

“person” includes a body corporate.“the stream” includes the waters of Windermere.

“sanitary appliance” means any device or apparatus for the reception of polluting matter.

“polluting matter” means human excreta.

“vessel” includes a ship, boat and craft of every kind however navigated, propelled or moved, including those permanently moored.

6. The foregoing byelaws came into force on the 1st January 1977.

Notes to the Windermere (Prevention of Pollution) Byelaws 1977

The Windermere (Prevention of Pollution) Byelaws 1977 were introduced by the North West Water Authority under Section 5 of the Rivers (Prevention of Pollution) Act 1951 to control pollution on the lake. The byelaws are now enforced by the Environment Agency and all correspondence concerning these byelaws should be addressed to them.

Although not part of these byelaws, the following notes may be useful:

Penalties

Section 5, Sub-Section 7, of the Rivers (Prevention of Pollution) Act 1951, now enforced by the Environment Agency, provides that any person contravening byelaws made under this section shall be liable on summary conviction to a fine not exceeding £1,000.

Sea Toilets

Owners of vessels with unsealed ‘sea toilets’ should contact the Environment Agency at the address shown on page 2 of this publication. They will help you comply with the byelaw by giving advice or arranging for the toilet to be sealed.

Deposition of Litter

An existing law under the Water Resources Act 1991, provides that no person shall put into any stream (which expression includes Windermere) any rubbish, refuse or litter.