Contact: Tony Clatworthy, tel (01489) 576389

email: [email protected]

1. Summary

1.1 This report summarises the activities and events on the River from 9 July 2005. Any incidents taking place after this report is distributed will be the subject of a separate annex to be distributed at the meeting.

2. Corporate Strategy

2.1 This report supports Aims 1 to 5 of the Corporate Strategy (Maximising Life Opportunities, Stewardship of the Environment, Achieving Economic Prosperity, Building Strong and Safe Communities and Improving Services) by contributing to the statutory duties entailed in the management of the River Hamble.

3. Report

3.1 The River has been patrolled daily by the duty Harbour Master and Coxswains from 0600 hours to 2359 hours until 4 September and from 0700 hours until 1830 hours thereafter (when winter routine came into effect).

4. Incidents

4.1 On 11 July at 1510 hours police were called to youths jumping from the A27 road bridge and removing the fencing. Police attended.

4.2 On 11 July at 1710 hours police were called to 12 youths jumping from A27 road bridge and throwing rocks/stones at passing vessels. Both patrol boats were hit by stones thrown from the bridge. Police did not attend. Harbour Patrol staff briefed on policy regarding stone/rock throwing, which is `Do not put yourself in danger and report the incident either to the harbour office or the police'.

4.3 On 14 July Patrol officers were called to Hamble Jetty where 12 youths were causing a disturbance by sinking tenders and disturbing River users. Police called but unable to attend. Patrol Officers dealt with problem by removing youths from jetty. They returned once Patrol departed.

4.4 On 15 July children removed tender from Hamble Jetty using all the fuel in the engine and leaving the tender full of water. Patrol attended, police not available.

4.5 On 16 July at 1345 hours a vessel alongside at Warsash Harbour Master's Jetty reported fire in engine. Fire Brigade and Coastguard attended. Engine overheating.

4.6 On 16 July children were moving fencing and jumping from the bridge. Deacons Boatyard reported children jumping from bridge and climbing on moored craft. Police called. Patrol called to Hamble Jetty where children were jumping in the path of the ferry. Patrol dealt with the situation.

4.7 On 17 July a waterlogged canoe was found mid-channel by M27 bridge. Search undertaken and reported to Coastguard. Later a woman reported that children had been seen playing with the canoes at Brixedone Farm. Canoe believed to have been pushed in and abandoned by them.

4.8 On 18 July at 1900 hours there was a report of a small boat departing the River with three persons on board and very little freeboard. Forecast of force 7 and squalls. Patrol left River to look for boat and found them fishing inside Cathead buoy. Informed about impending weather but did not appear to worry. Did not have any lifejackets, radio or phones and wearing street clothing. Boat not seen, so at 2300 hours Patrol went to look for them and escorted them to Hamble Jetty (no navigation lights or torch).

4.9 On 22 July a patrol officer attended a meeting at Queen Elizabeth Country Park regarding an incident involving youths fighting near the Upper Hamble Country Park Jetty. A member of the public was injured in this incident. Police requested that all incidents be fully reported to enable them to fully understand the local problems and build a better picture of problems and also help their case to obtain a beat officer.

4.10 On 23 July three outboard engines and three tenders were stolen and two tenders sunk at Hamble Jetty.

4.11 On 23 July at 1600 hours Patrol rescued four youths in a small dory in the Upper Hamble. The outboard engine had pulled the transom off the boat and it was sinking. Boat and youths taken to slipway at Swanwick.

4.12 On 23 July a child injured his arm while jumping from the A27 road bridge. Not seen by Patrol or reported but seen on Swanwick Marina closed circuit television (CCTV).

4.13 A number of tenders were recovered at various locations throughout the River and returned to Hamble Jetty. An outboard engine was recovered from the water at Bursledon Bend.

4.14 On 30 July a man was thrown out of his RIB by heavy wash from Red Jet. However, had a kill-cord fitted and was carrying a marine radio, and was also carrying small flare pack on his person. He was therefore rescued and reunited with his RIB.

4.15 On 31 July at 0030 hours RIB was reported/seen entering the River at approximately 30 knots. Switched off navigation lights and continued up river at same speed.

4.16 On 31 July there was a report from a fisherman who had been fishing in the River at 0200 and had been disturbed by a number of Rigid Inflatable Boats (RIBs) entering the River at very high speeds and creating dangerous wash to his small boat.

4.17 On 31 July a vehicle was stuck in mud at Warsash slipway.

4.18 On 3 August children were attempting to break the windows of the ferry at Hamble and also jumping from the bridge into an inflatable tender.

4.19 On 5 August the Patrol rescued three fishermen from a shingle bank off Hamble Point. Cut off by incoming tide.

4.20 On 5 August between 2130 and 2359 hours approximately 800 to 900 vessels returned to the River on completion of the Cowes fireworks display. A very high percentage of masters/skippers acted very responsibly but unfortunately a number of vessels failed to show the correct lights and exceeded the speed limit by a few knots. A number of vessels did not use the correct side of the channel and therefore became a danger to vessels departing the River. One owner has been written to requesting that he removes his vessel from the River as he claimed that he could not control his vessel unless he made a speed of at least 10 knots through the water. Following accidents in previous years a number of measures were undertaken this year by Harbour Masters in the Solent and Marine Police Units from Sussex and Dorset were present on the water assisting Hampshire's Marine Police Unit.

4.21 On 6 August at 2120 hours the patrol received a call from MV Princess Caroline requesting berthing facilities and help with a young lady with breathing difficulties. Vessel moored at Port Hamble and ambulance attended to passenger with assistance of the patrol staff. Young lady sent home in taxi once it was ascertained that she was suffering from effects of drink combined with motion sickness.

4.22 On 8 August a small (6 to 8 metre) boat with cuddy was found upside down on the slipway at Lands End. With the help of seven other people the vessel was righted by the patrol and made fast to scrubbing piles. The owner was never found and the vessel disappeared.

4.23 On 9 August at 1230 hours a 20 foot yacht was found taking in water on its midstream mooring. Patrol pumped out vessel and informed owner.

4.24 On 10 August at 1840 hours the patrol was waved down by a man on the Harbour Master's Jetty at Warsash. He reported that his friend had telephoned him from his mobile phone on a personal water craft (PWC) at the entrance to the River Hamble. The PWC was sinking and he was requesting assistance. The patrol attended the area and found a PWC semi-submerged. The patrol rescued the man aboard the PWC and then made it fast alongside and returned to Warsash. When the original report was made the PWC was reported at the mouth of the River but was found to the north of Coronation buoy and 400 metres off-shore.

4.25 On 11 August a homemade hovercraft was stopped by the patrol in the upper Hamble and escorted back to the slipway at Bursledon. Byelaws were explained to the owner who had not made himself familiar with the rules of the Harbour.

4.26 On 12 August at 1830 hours, report of a light aircraft going down at Fawley. Patrol proceeded to the area and commenced a search with Southampton Harbour Master's patrol. Nothing found and later received confirmation that reported aircraft had landed safely after reporting to be in difficulties.

4.27 On 14 August at 1420 hours Hamble lifeboat brought a casualty to Warsash jetty with a head injury. Patrol attended along with ambulance and gave first aid. Hospitalisation not required.

4.28 On 19 August patrol stopped an RIB that was not showing any navigation lights. The elderly couple explained they had been travelling on the River for 35 years without navigation lights, why should they start now. This has only been included in the report to indicate the level of education required.

4.29 On 20 August report of pontoon at Universal Marina being held down and then breaking a metal pile. Pile guide had caught on worn area on pile and the force of the tide rising had put enough pressure on the pile to break it.

4.30 On 25 August east cardinal (beacon number 2) top mark replaced at a cost of £2,434.

4.31 On 26 and 27 August the Bursledon Regatta took place, including many on the water events, gathering of most of the Gaffers on south coast, fireworks and a spectacular re-enactment of The Battle of Trafalgar. It was a very well run regatta which was extremely well attended. The River was very busy during the whole period.

4.32 During the Bursledon Regatta it was noted that a great many small tenders and RIBs are still failing to show any lights. To help overcome this problem the Harbour Office will initiate an education programme through yacht clubs and marinas during the winter.

4.33 On 27 August at 1540 hours a casualty with a head injury landed at Hamble Point jetty.

4.34 On 2 September there were reports of youths removing a fuel tank from a tender at Hamble Jetty. Patrol reported four youths in an inflatable boat leaving the River and requested the Marine Police to attend. Four youths were arrested and charged with theft of the boat and other items.

4.35 On 2 September easterly cardinal mark (beacon number 2) missing following a collision. This mark has only recently been repaired at a cost of £2,434. The access ladder has also been damaged beyond repair.

4.36 On 3 September a casualty with a head injury landed at Hamble Jetty. Casualty removed to hospital by ambulance.

4.37 On 5 September damage was caused to Warsash Harbour Master's Jetty by a visiting survey vessel. Repairs have been completed and the invoice will be paid by the survey company.

4.38 On 6 September at 0500 hours there was fire aboard a moored cabin cruiser in Mercury Marina. The vessel, a 28 foot Fairline, burnt down to the water line. Boats either side were scorched but not set on fire. The Fire Service attended and the Marina's emergency response plans worked well. Vessel was lifted from the water with very little debris into the River. Area inspected for any environmental damage but none was found.

4.39 On 6 September a Swordsman 33 caught on moorings off the Harbour Master's Jetty at Warsash. Lines were cut away from the vessel and moorings but the vessel was disabled.

4.40 The Harbour Office closes during the winter season at 1830 hours. Reports are being received from River users of vessels speeding and ignoring the byelaws after 1830 hours. Also, vessels arrive at the visitors' facilities after the office is closed and depart early in the morning before the patrol is able to get on the water at 0830 hours, thereby losing revenue.

5. Problems with Youths During the Summer Season

5.1 Throughout this period the patrol has had to respond to a number of incidents involving children causing a nuisance and being a danger to others as well as themselves. The patrol or police are unable to control the situation because bye-laws for these situations do not exist. The patrol officers are put under a great deal of pressure to deal with a situation without being armed with any suitable legislation. It appears the police are not willing to pursue these youths as they do not have any legal powers to deal with them.

5.2 Harbour Authority Patrol Officers, who can see the dangers the youngsters are causing, are being pressurised by river users at the scene of these incidents to act. Unfortunately, in many cases the Harbour Authority does not have powers to do anything and therefore must be very careful.

5.3 If the patrol officers are successful in clearing a jetty, as soon as the patrol departs the youths return to the jetty. The Marine Coastguard Agency has reminded the Harbour Master that it is the responsibility of the Harbour Authority to ensure that these landings and the Harbour are kept safe for navigation. It has advised the Harbour Master that these offenders can be prosecuted under Section 12 of the Aviation and Maritime Security Act 1990. The police disagree with this and do not recommend prosecutions under this legislation. The legislation is designed as an anti-terrorist measure and not to remove youths from landings and jetties. Problems encountered are:

(i) children/youths jumping in front of the ferry and other boats on Hamble Jetty;

(ii) children/youths crowding on Hamble Jetty causing a danger to vessels coming alongside;

(iii) children/youths swimming in area of heavy boat movements;

(iv) children/youths causing a disturbance on the Country Park jetty, not allowing boats to land; and

(v) children/youths on A27 road bridge as previously reported.

5.4 Section 9 of this report gives details of the new signage for Hamble Jetty.

5.5 To ensure the safety of all that use the River the Harbour Patrol staff require bye-laws in place that are clear and concise.

6. Speeding Vessels

6.1 During this period a number of vessels have been stopped for exceeding the speed limit. They have been introduced to the bye-laws and informed that they may be prosecuted if stopped again. During Cowes week reports were received of RIBs travelling up and down the River at speeds of 30 knots plus (0100 hours through to 0300 hours). Patrols were carried out from 2359 hours through to 0130 hours during Cowes Week but no vessels were identified as not conforming to the speed limit. A pair of night vision binoculars have been obtained on loan from the police that should assist in identifying such vessels in the future.

6.2 The Patrol has experienced difficulties in stopping speeding PWC which are capable of speeds of 40 knots. Owing to their speed it is not possible to reproduce good closed circuit television (CCTV) coverage or take photographs for later identification. PWC are causing difficulties to other harbours in the Solent and the number of incidents on the River Hamble has increased markedly this summer.

6.3 The use of the radar gun has proved a deterrent and it is now taken out on most days by the patrol.

6.4 On 12 August the Harbour Authority brought a prosecution at Fareham Magistrates Court against the master of a sports boat for exceeding the Harbour Master's Direction Number 1, not reporting a collision and causing a wash and disturbance. Fareham Magistrates fined him £800 and also ordered him to pay £1,147 costs and £2,381 compensation for damages.

7. Navigation Marks and Lights

7.1 A number of navigation lights have failed and have had to be replaced and the easterly cardinal mark was damaged by collision. The £3,000 navigation light budget will therefore be exceeded.

7.2 Six years ago it was decided to replace all existing navigation lights with fully enclosed and sealed units which are solar powered. The replaced navigation lights were extremely costly as each light required a 12 volt battery, back-up battery, a bulb changing mechanism and replacement bulbs. The 24 navigation lights for the River required a continuous rolling maintenance and recharging programme which was a costly manpower drain and not environmentally sustainable. These units cost in the region of £275 each and last from 5 to 8 years and are now being replaced as they fail.

7.3 The easterly cardinal mark was hit by an unknown vessel which took away the top mark, damaged the mounting and bent the access ladder. A claim against the Hampshire County Council self-insurance scheme is being investigated.

7.4 Replacements and works to date include:

(i) 3 x solar lights end of life (£825);

(ii) damage by collision to easterly cardinal mark (£2,434);

(iii) replacement of A27 bridge light (£250); and

(iv) Warsash sector light currently in repair.

8. Navigation Lights - Tenders

8.1 A large number of tenders transiting the River in the dark fail to show any lights at all. They seem unaware of the dangers they are putting themselves and others in. On a night with cloud cover it is impossible to see small vessels. Mooring holders associations and yacht clubs are requested to remind their members to show some form of light from tenders as a warning to other vessels. The Harbour Office will continue with a publicity campaign to remind users of the dangers involved in not showing any lights. Those not showing lights on small tenders must be made fully aware of the rogue boat owners who break the six knot speed limit endangering all river users.

9. Hamble Jetty

9.1 Following meetings with the Hamble Community Committee, (involving Hamble Parish Council, Police, Community and Youth Worker and others) a way ahead for Hamble Jetty and the problem with youths was explored. It was decided to erect the following worded sign:

HAMBLE PUBLIC LANDING Public Access ONLY to boat owners and the Hamble/Warsash Ferry Persons UNDER 18 YEARS MUST be accompanied by an adult unless using the Ferry or accessing a boat No Bicycles - except those using the ferry No Diving or Swimming - from the walkway or pontoon No Fishing - except with the permission of the Harbour Master No person upon the River shall intentionally obstruct any officer of the County Council in the execution of their duty. CONTRARY TO THE RIVER HAMBLE BYELAW NO. 25 By Order of the HARBOUR MASTER

9.2 Patrol Officers will attempt to remove all unaccompanied children (under 18 years old) from the jetty for the children's own safety.

10. Port Marine Safety Code Six Monthly Audit

10.1 Marine Enforcement Limited, the designated person for the Port Marine Safety Code, completed the six month audit in July. The audit report is attached, along with the Harbour Master's Action Plan, as an appendix.

11. Runaway RIB

11.1 The Marine Accident Investigation Branch has commenced investigative action regarding the incident that took place earlier in the year, at the entrance to the River Hamble.

11.2 Throughout this period the patrol has attended a number of moored vessels to tighten springs and breast lines, adjust fenders and fold away unfurled sails. When required owners have been contacted and informed.

11.3 Throughout this period patrols have been very active in the upper Hamble attempting to reduce the number of incidents of speeding and trying to reduce the incidents of poor and un-seaman like behaviour.

12. Impact Assessments

12.1 This report provides a position statement only, therefore an impact assessment, in terms of the Race Relations (Amendment) Act, has not been undertaken.

Recommendation

That this report be noted.

622/TC

APPENDIX

9^th August 2005

Mr A Clatworthy

Harbour Master

River Hamble Harbour Authority

Shore Road

Warsash

Southampton SO31 9FR

Dear Sir

PORT MARINE SAFETY CODE COMPLIANCE AUDIT 26.07.05

The Port Marine Safety Code requires that the Designated Person audits the Harbour Authority's compliance with the Code and provides independent assurance to the duty holder. We report accordingly and ask that this report be presented to the Board.

We enclose a Certificate of Compliance confirming compliance with the Code subject to the contents of this report. This should be filed in Volume 4 under Tab 4 of the Safety Management System. We also enclose a notated Audit Report Form.

1. OBSERVATIONS:

1.1 Statutory Consents:

The River Hamble Harbour Authority has by law to grant written consent before works can be carried out within its jurisdiction. The opinions of the Harbour Authority are also sought from other bodies that have to grant their consent for proposed works and developments. Such works and developments can often have an impact on navigational safety and on that basis we make the following observations:-

By virtue of the provision of Sec. 48 Southampton Harbour Act 1949 (as amended)¹ the Harbour Authority has to consent in writing before any works are commenced within their jurisdiction. This consent has to be in "writing of the Board signed by the Clerk". It is my view that this means the Chairman of the Board should sign the consent.

It is important to consider 3 issues:

1. The geographical area in which the Harbour Authority is obliged to give consent;

2. The nature of the works that require consent;

3. The matters the Board should consider when deliberating granting consent.

I shall deal with each in turn.

1. The Geographical Area in which the Harbour Authority is Obliged to give Consent:

The amendment to Sec. 48 Southampton Harbour Act 1949² (as amended) makes it clear that consent has to be given for works "in the navigation". This is defined³ as

"the area edged black on the map certified on behalf of the Secretary of State for Transport⁴..... and the navigation shall comprise so much of that area and of such of the following areas as are navigated by sea-going ships⁵, namely, all creeks, inlets, bays and tributaries as far as the tide shall flow and any lake, pit, pond or other substantially enclosed water adjacent to the said area and from which a vessel may be navigated (whether or not through a lock or other similar work) into that area."

It is recommended that the Harbour Authority obtain a copy of the map to determine its jurisdiction and that it recognises it has jurisdiction over creeks, inlets, bays etc. adjacent to the area marked on the map provided they can be navigated by a vessel capable of leaving the Solent.

This will define precisely over which geographical area consent has to be given.

2. The Nature of the Works that require Consent:

Sec. 48 Southampton Harbour Act 1949 (as amended) makes it unlawful to "construct, erect, bring forward or retain any quay wall or other work or any part of any such work" without consent in writing of the Board.

I take this to mean any structure, pile, pontoon, quay, wall or pier or any vessel which was to become a fixture by way of permanent moorings. It would not in my view extend to the change of use of existing works or the change of use of permanently moored vessels.

3. The Matters the Board should Consider when Deliberating Granting Consent:

Sec. 48 Southampton Harbour Act 1949 (as amended) is silent on this point but it is my view that it is for the Board to consider the following matters:-

1. Navigational Safety. The overriding responsibility of the Harbour Authority is that of conservancy. That is to take reasonable care that those who lawfully use the Harbour may do so in safety. Accordingly, the Harbour Authority must consider the impact on navigational safety any proposed works will have. To this end the Harbour Authority may wish to consider risk assessments compiled in accordance with the Port Marine Safety Code. Such risk assessments can be very useful tools when considering granting consent. It must be recognised that the Code does not expect risks to be eradicated only that they are managed to As Low As Reasonably Practical (ALARP).

2. That facilities provided to all who use the River are kept up to date. This is a matter for the Board. It is for them to decide how the facilities on the River should be permitted to develop.

3. Sites on the River may need to redevelop in order to modernise their operations. Again this is a matter for the Board.

It is recommended that the Board formulate the procedure they will follow, the criteria they will consider and the input they require from the Harbour Master when considering granting consent.

Of note is that before the Board discharge their powers, functions and obligations they must refer the matter (as they must all matters of substance) to the Management Committee. The Board must then consider a report of the Management Committee before granting its consent. It does not follow that the Board is bound by the contents of the report from the Management Committee only that it has to consider it. It is my view that the Board and the Management Committee need to consider what matters need to be referred to the Management Committee and how the Management Committee should submit their reports.

One of the objectives of formulating the Board was to streamline the decision making process and it is my view that:

· The day to day management of the Harbour should be delegated and left with the Harbour Master and his staff;

· The Board should seek input from the Harbour Master as they see fit;

· The Board should determine the policies of the Harbour Authority;

· Matters where the Board has to discharge its legal powers, functions and obligations i.e. granting consent under Sec. 48 Southampton Harbour Act 1949 (as amended), making new Byelaws or giving Directions, discharging its conservancy functions, setting of harbour dues and other fees, enforcement of legislation, buoyage and dredging should be referred to the Management Committee for a report;

· All other matters should be dealt with by the Board.

It must be recognised that the Board should consult with its stakeholders and that the Management Committee has no decision making powers.

Of further note is that Sec. 48 Southampton Harbour Act 1949 (as amended) provides in Sec. 48(3)⁶ a right of appeal by an applicant for consent. He can appeal to the "Minister".

1.2 Statutory Consent v Opinions:

The granting of consent under Sec. 48 Southampton Harbour Act 1949 (as amended) is legally specific. It is also the case that other Statutory Bodies are charged with a duty to grant their consent under different law. These Statutory Bodies or Authorities often seek the opinions of the Harbour Authority.

It is my view that it is important for the Harbour Authority to differentiate between granting consent (pursuant to the Southampton Harbour Act 1949) and providing its opinions as a consultee to other Statutory Bodies.

It is recommended that the Board also considers how and how wide it wishes to express its opinions as the Harbour Authority when such opinions are sought from other Statutory Bodies. It may be that they wish to limit their opinions to those of navigational safety, alternatively, it may wish to express its opinions in the widest sense. As a consultee the Harbour Authority is free to say whatever it wishes within reason. My point is that the Harbour Authority must be clear when it is granting (or declining to grant) statutory consent as opposed to giving its opinions as a consultee.

It is my view that when the Harbour Authority gives its opinions it is not discharging a power, function or obligation and therefore such matters do not need to be referred to the Management Committee. The Board may wish to delegate this function to an officer of the Harbour Authority.

1.3 Mission Statement, Policy Statements and Acceptance of Responsibilities:

The Port Marine Safety Code requires that the Harbour Authority makes various public statements and that officers of the Harbour Authority accept their responsibilities in writing. With the formation of the new Board the existing statements need to be revisited and signed appropriately.

1.4 Non-Conformity Reports:

Once a non-conformity report has been notified to the Harbour Master he should action it as he sees appropriate and importantly sign it off once that action has been taken. These non-conformity reports should not be used in substitution of incident reports. They are to be used by the Harbour Master's staff to report deficiencies in the procedures and operating instructions incorporated in the Safety Management System (SMS). Reports of speeding and other misconduct on the River are not non-conformities but are incidents that need reporting on the Incident Report form.

1.5 Incident Reports:

The Harbour Master's staff diligently report incidents which provide invaluable insight into the activities on the River and the nature of the risks that require management. Generally, I am satisfied that the procedures adopted and the precautions put in place by the Harbour Authority are consistent with the requirements of the Code.

I do have one concern that stems from an Incident Report dated 29.06.05:

After the Trafalgar 200 celebrations a 42 ft. motor boat fouled the mooring lines between fore and aft mooring buoys off the Harbour Master's jetty. The Harbour Master and his staff acted professionally and cut the boat free. What concerns me is the closing narrative of the patrol officer's report in which he wrote:

"This is becoming a very serious issue because these moorings, which there are three in front of the Harbour Master's jetty, are crossed and chopped and snagged at least half a dozen times annually, something needs to be done about them before a very serious incident happens!!! A LUCKY ESCAPE THIS TIME!!!"

This report was used when re-assessing risk controls yet it was considered that the risk controls (the precautions to take) did not require amendment. I question this.

Whilst it is recognised that it is hoped the Crown Estate will remove these fore and aft moorings and starboard navigation marks will be put in place, I consider it would be prudent to put in some precautions now. I leave the Harbour Master to consider appropriate precautions but at the very least I would recommend a Notice to River Users warning mariners of the risk of fouling these moorings.

This type of incident is perhaps symptomatic of the wider issue of poorly defined main channels.

1.6 Main and Secondary Channels:

Much has been debated over the use and continuing use of main and secondary channels. It is my view that as the traffic on the River has increased the preferred channel needs to be more clearly defined by buoyage, spars and lights. Where there is more than one channel it should be marked in accordance with the IALA buoyage (region A) convention and appropriate preferred channel markers placed. The terminology "main and secondary channels" has caused confusion amongst river users and stakeholders and the Harbour Authority should now adopt the correct terminology as well as designating and marking preferred channels and other channels. It will be for the mariner to decide which channel to use or if he wishes not to use a marked channel at all and navigate in free water⁷.

1.7 Audit Reports:

The audit reports by the Designated Person will be the first documents sought by either the Authorities or lawyers after an incident. They give outside scrutineers the first impression of the Harbour Authority's Safety Management System (SMS). As such they should all be filed under Tab 4 of Volume 4 of the SMS not as some are filed, under Tab 2.

1.8 A27 Road Bridge:

Youths vandalizing the bridge, jumping from it and trespassing on local nearby properties are a constant problem. I am satisfied that within its authority the Harbour Authority can do little more. I do recommend a Notice to River Users is promulgated warning mariners of the dangers of approaching the bridge when youths are seen on it. The Harbour Authority need to demonstrate it can do no more.

1.9 Speed Gun:

Although high visual use of the speed gun has had the desired deterrent effect, if it is to be used in any Court proceedings it must be calibrated each time before deployment and those operating it will have to be trained in its use.

1.10 Crisis Management:

A more robust system should be initiated to ensure senior officers including the Chairman of the Board can be contacted at all times and kept appraised of a crisis. This may require pertinent numbers to be fed into the mobile phones used by the patrol officers so that when appropriate they can speed dial the Harbour Master who can in turn alert the Marine Director, who can in turn alert the Chairman of the Board⁸. I understand that the Harbour Master has, since the audit, initiated procedures and I leave it to him.

2. NON-CONFORMITIES:

2.1 Induction Records

All induction records for seasonal staff are to be completed.

3. CONCLUSION:

The role of the Designated Person is to provide independent assurance to the Harbour Authority that the Safety Management System is working effectively. I can, subject to the comments detailed in this report, confirm this is the case. I also confirm that I have had direct access to the highest level of the Harbour Authority.

Yours faithfully

Mark G Capon

Managing Partner

Enc:

Annex to Harbour Master's Report

Dated 10 October 2005

Port Marine Safety Code Compliance Audit

26 July 2005

Action Plan for Points Raised