21 Nov 2023
Amendment 3 of the MSN regarding COLREGs has incorporated the same definition for a ship as the 2023 version of the Merchant Shipping Act.
For a long time in COLREGs a vessel has always been referred to as " every description of water craft, including non-displacement craft, WIG craft and seaplanes, used or capable of being used as a means of transportation on water." But during the case in 2005, of R vs Goodwin, it was deemed that a Jetski or Personal Water Craft (PWC) does not fall under this definition and until earlier this year was exempt from complying with both COLREGs and the Merchant Shipping Act.
The definition of a watercraft is any type of craft which—
(a)is capable of moving under its own mechanical power,
(b)is used, navigated or situated wholly or partly in or on water, and
(c)is capable of being used to carry one or more persons.
This definition expands on the definition for a ship not replaces it.
The Amendment 3 to MSN 1781 now incorporates this definition into the COLREGs in UK law. Therefore it is vitally important that any persons using a personal water craft are familiar with the contents of the COLREGs.
So to erase any doubt, does the COLREGs apply to jet skis? Yes.
To read the amendment in full, see the link below: