River Severn
River Severn byelaws 1974
River Severn
Made under Section 55 of the Shrewsbury Corporation Act 1909. These byelaws may be cited as The Shrewsbury and Atcham Borough Council River Severn Byelaws 1974 and they shall come into effect twenty-one days from the date of their confirmation.
Interpretation
1. Throughout these byelaws:
- "Bank" means any bank wall or embankment adjoining or confining or constructed for the purposes of or in connection with any watercourse and includes all land between the bank and low water mark.
- "The Corporation" means the Shrewsbury and Atcham Borough Council.
- "House-Boat" means any pleasure boat erection or structure on or in the River which is not a launch and which is decked or structurally covered in and which is or is capable of being used as a place of habitation (whether by day and night or the one or the other) or as a place for entertainment or refreshment or of witnessing regattas or other events or as club premises or as offices or as a kitchen pantry or store place.
- "Launch" means any vessel propelled by mechanical power.
- "Master" when used in relation to any vessel means any person whether the owner master or other person lawfully or wrongfully having or taking command charge or management of the vessel for the time being.
- "Pleasure-boat" means any ship launch house-boat randan wherry skiff dinghy shallop punt canoe or yacht whatsoever however propelled or navigated not being used solely for the carriage of goods.
- "Private launch" means any private pleasure boat propelled by mechanical power.
- "The River" includes so much of the River Severn as lies within the boundaries of the former Borough of Shrewsbury as it existed on 31st March 1974.
- "Prolonged blast" means a blast of from four to six seconds' duration.
- "Self-driven pleasure boat" means a pleasure boat for hire which is designed to carry not more than four persons, is propelled by mechanical power and used or intended to be used under the control of the hirer or other person not being the proprietor or his agent or servant.
- "Vessel" means any ship lighter keel barge launch house-boat pleasure or other boat randan wherry skiff dinghy shallop punt canoe yacht raft float of timber or craft whatsoever however propelled or navigated.
- "The Weir" means the dam or weir across the River Severn 260 yards (237.7 metres) down river from Castle Bridge commencing on the north side of the river in the parish of St. Mary and terminating on the south side in the parish of Holy Cross and St. Giles and being in length 180 feet or thereabouts but for the purpose of these Byelaws only "The Weir" shall not include the fish pass and boat roller pass therein.
2. All traffic on the River and the disposition thereon of all vessels whether in motion or moored or stationary shall at all times be subject to the direction of the duly appointed officers and servants of the Corporation in the exercise of their functions in enforcing these byelaws.
The regulation of mooring places and landing stages
3. The master of a vessel shall not:
(a) while such vessel may occupy any mooring place, wilfully or improperly render insecure the mooring of any other vessel occupying such place.
(b) moor the vessel in such position or in such a manner at a mooring place as to cause risk of injury to any other vessel or obstruction to the safe and convenient passage or mooring of any other vessel or to the safe and convenient embarkation or disembarkation of persons therein or therefrom.
(c) allow the engine of a launch or pleasure boat attached to a mooring place to work so that injury or dame is caused to such mooring place.
(d) moor or place any vessel to or upon the bank of the River in such a manner by such method as to cause injury to such bank.
4. A person shall not allow any vessel to remain moored anchored stationary or berthed but unused in the River or against the banks thereof for any period longer than one week unless otherwise authorised in writing by the Corporation.
5. A person shall notwithstanding any consent given by or to be inferred from any other byelaw made by the Corporation anchor moor berth or otherwise wilfully stop or leave unattended any vessel in such a position as to impede the clear and free passage of any other vessel or otherwise to obstruct the navigation of the River.
6. All moored vessels shall be moored parallel to the bank and not across the stream.
7. No vessel on the River shall be left adrift nor negligently moored so as to get adrift or to be in danger of getting adrift; and no person other than duly appointed officers or servants of the Corporation shall unmoor any vessel except by the order or authority of the owner or master of such vessel.
Miscellaneous
18. (a) The master of a vessel being on the River on the occasion of any boat race, regatta, public procession or any other special occasion shall not pass or station such vessel thereon so as to obstruct the boat race, regatta, or public procession or endanger the safety of persons assembled on the River or prevent the maintenance of order thereon.
18. (b) No vessel shall except by means of a roller pass, pass over or attempt to pass over the weir 260 yards (237.7 metres) down river from the Castle Bridge and across the River provided that this prohibition shall not apply to canoes but the Corporation shall not be liable for any accident or damage however occasioned to any person or canoe which shall pass over or attempt to pass over the weir. The Corporation shall not be liable for any accident or damage however occasioned to any person or vessel passing down river beyond any safety warning notices erected by the Corporation up river from the weir except whilst using the roller pass in an approved manner.
19. (a) The master of every vessel on the River fitted with or propelled by an internal combustion engine shall cause to be connected to the exhaust of such engine, a silencer of such size and construction and so securely and properly fitted as to prevent a nuisance or annoyance arising from the noise of the exhaust therefrom.
19. (b) The master of every vessel on the River fitted with electrical equipment likely to cause interference with the reception of radio and television transmissions shall cause such equipment to be fitted with a device which effectively suppresses such interference.
20. The master of a launch shall cause it to be provided with an efficient fire extinguishing apparatus which shall be maintained in good condition and in a convenient and accessible position and shall comply with the Corporation's requirements regarding precautions against fire and explosion.
21. No person shall break deface adjust remove conceal cover or otherwise tamper with any watermark set up by the Corporation for the purpose of showing the height or depth of water in the River.
22. (a) 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:-
(i) 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
(ii) 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
22. (b) For the purpose of this rule the windward side shall be deemed to be the side opposite to that on which the main sail is carried or in the case of a square-rigged vessel the side opposite to that on which the largest fore-and-aft sail is carried.
23. When a launch or a vessel being rowed or propelled by paddle and a sailing vessel are proceeding in such directions as to involve risk of collision the launch or vessel being rowed or propelled by paddle shall keep out of the way of the sailing vessel provided that every vessel overtaking any other vessel shall keep out of the way of the vessel overtaken and provided that all vessels not engaged in fishing shall when under way keep of out of the way of vessels engaged in fishing except that no vessel engaged in fishing shall have the right to obstruct a fairway used by vessels other than fishing vessels.
24. These byelaws shall not apply to any act done by the Severn/Trent Water Authority in exercise of any statutory or other duty or in the lawful exercise of any power and nothing in these byelaws shall be deemed to exclude or over-ride any byelaw of the Severn/Trent Water Authority.
Penalties
25. Every person who shall offend against any of these byelaws shall be liable on summary conviction to a fine not exceeding twenty pounds and in the case of continuing offence to a further fine not exceeding two pounds for each day during which the offence continues after conviction therefor.
26. From and after the date on which these byelaws shall come into operation the byelaws with respect to the rate of speed of boats on the River which were made by the former Shrewsbury Borough Council on 4 May 1933 and 21 June 1934 and confirmed by the Minister of Transport on, respectively 1 June 1933 and 25 June 1934 shall be and are hereby repealed.