MCA successful in first prosecution under watercraft safety legislation

A trial in Swansea Crown Court, following an incident that took place in August 2024, has resulted in the first prosecution of an individual under the Merchant Shipping (Watercraft) Order, almost three years after it came into force.

In handing down the sentence in January 2026, which included 12 months in prison suspended for two years and compensation to the victim, the judge emphasised that just like roads, "our seas and our rivers are not playgrounds."

This article sets out the background to the regulations in question and how they are intended to operate.

Merchant Shipping (Watercraft) Order 2023

The Merchant Shipping (Watercraft) Order 2023 (the Order) came into force in the UK on 31 March 2023. It aimed to prevent the dangerous and negligent misuse of powered watercraft in the UK and thereby reduce the risk such watercraft can pose to the environment and to other water users.

The Order places the responsibility on users, operators and owners of powered watercraft of any size (including jet skis) in the UK to ensure they operate the watercraft safely, with ‘watercraft’ defined as any type of craft that:

• can move under its own mechanical power;

• is used, navigated, or situated wholly or partly in or on water; and

• is able to carry one or more persons.

This includes power boats, RIBS, sailing dinghies and keel boats that are fitted with or carry a motor.

Why was the Order needed?

Previously it had been assumed that the dangerous use provisions of the Merchant Shipping Act 1995 (MSA) applied equally to watercraft as to ships used in navigation. However, the Court of Appeal held in R -v- Goodwin [2005] EWCA Crim 3184 that a jet ski was not a vessel and so did not come within the definition of a “ship” under the MSA.

This decision therefore caused uncertainty as to exactly what types of recreational watercraft would or would not be covered by the MSA.

Pursuant to the Order, users, operators and owners of powered watercraft who do not operate their watercraft safely will be liable in the same way as ships and fishing vessels would be liable under the MSA’s dangerous use provisions.

Additionally, powered watercraft must now comply with the COLREGs (International Rules for the Prevention of Collisions at Sea).

The Order allows the Maritime and Coastguard Agency (MCA) to prosecute anyone using a powered watercraft who causes serious injury or death and also for other dangerous uses of watercraft.

Any individual charged with using their watercraft dangerously could receive an unlimited fine or up to two years in prison, following conviction. Where an accident results in a death, manslaughter charges may be brought.

MGN 684 (M) Safety of powered watercraft

This MGN (Marine Guidance Notice) addresses the:

• application of the dangerous use provisions of the MSA to powered watercraft;

• obligations and offences for different parties; and

• role of the MCA as the main statutory authority for enforcement.

Whilst this Notice is addressed to all users, operators and owners of powered watercraft, it is also relevant to statutory harbour authorities, harbour masters, and police and local authorities whose areas of responsibility extend to UK waters (including UK national waters) in which powered watercraft are used.

It is also relevant to other seafarers who may encounter powered watercraft.

MGN 684 specifies that those using a powered watercraft must be familiar, and comply, with the COLREGs because a failure to follow those regulations is a criminal offence – not only for those using the powered watercraft at the time, but also those responsible for its conduct (e.g. an instructor) as well as the owner.

First caution under the Order

In July 2024, the MCA cautioned a jet skier under the Order as a result of an incident that had taken place in August 2023. The master of a passenger ferry that was on its way to Cowes Harbour had to take evasive action and make significant changes to the ferry’s steering and power, after the jet skier came within metres of the ferry’s bow.

Although the MCA chose to issue a caution rather than to prosecute, it emphasised that the jet skier’s actions could have had serious consequences, and that the incident provided a reminder that even small watercraft are now subject to maritime safety law and must comply with the relevant regulations.

First prosecution under the Order

In August 2024, a speedboat skipper was at the helm of a powerful speedboat and speeding at around 25 km/h when the speedboat ran over a teenager who was kayaking with his father on a stretch of river that was popular for water sports, was used by a sailing centre and was subject to “proceed with caution” speed restrictions.

The speedboat had six passengers including children onboard. At the prosecution, it was stated that just prior to the collision, the defendant had been steering while sitting down. This severely limited his field of vision as the bow of the craft raised up out of the water. There was also no lookout posted on the speedboat.

The teenager saw the speedboat approaching and tried to paddle out of the way. However, the defendant changed course and struck the kayak, throwing the teenager into the water. The teenager was fortunate to have only suffered cuts and bruises, but both he and his father suffered considerable mental distress as a result of the incident.

The defendant pleaded guilty to failing without reasonable excuse to prevent the loss or destruction of another watercraft and / or serious injury to another person, and three counts of failing without reasonable excuse to comply with regulations covering lookouts, safe speed, and risk of collision. He had no previous convictions.

Due to the guilty plea, he subsequently received a 1/3 discount in the sentence.

The sentence was handed down in January 2026 when the defendant received a suspended sentence of 12 months in prison and was ordered by the Court to complete 200 hours of unpaid work and a rehabilitation course. In addition, the defendant was also ordered to pay his victim £676 to cover the cost of the victim’s destroyed kayak and £1,000 in personal compensation, as well as £3,000 towards prosecution costs.

Comment

The MCA has stressed that the case shows the importance of keeping a proper lookout and operating safely and has indicated that the prosecution sends a clear signal that those breaching the regulations will be held liable.

It is noteworthy that, in almost three years since the Order came into force, there appears to have been only one caution and only one prosecution.