Byelaws
SECTION 1 GENERAL
1.1 Title
1.2 Application
1.3 Definitions and
Interpretations
SECTION 2 REGISTRATION
2.1 Registration - Power-Driven
Boats
2.2 Method of Registration
2.3 Effective Date of Registration
2.4 Transfers
2.5 Inspection of Boats
2.6 False Information
2.7 Exemption from Registration
SECTION 3 RULES OF NAVIGATION
3.1 Rules of Navigation
3.2 Lights - All Boats
3.3 Conduct in Restricted
Visibility
3.4 Steering and Sailing Byelaws
3.5 General Byelaws
Relating to Navigation
3.6 Speed Limits
3.7 Recreational Towing
3.8 Parascending
3.9 Noise and Silencers - All
Boats
3.10 General Rules Relating to
Boats
3.11 Notification of
Accidents - All Boats
3.12 Investigation - All Boats
3.13 General
Byelaws Relating to the Loch and Shore
3.14 Interference with Boats
3.15 Trolling
3.16 Direction of
Authority Personnel or Police
3.17 Defence of Due Diligence
3.18 Penalties
Speed Reduction Zone Map
Made by Loch Lomond & The
1 GENERAL
1.1 TITLE
The Byelaws may be cited as The “Loch Lomond Byelaws 2006”.
1.2 APPLICATION
1.2 (1) These Byelaws shall be applicable to the waters, shores and banks of Loch Lomond and its navigable rivers within Loch Lomond & The Trossachs National Park, all as shown delineated in red on plan 1annexed.
1.2 (2) Nothing in these Byelaws shall prevent a riparian or other
proprietor as owner of land in
Exemption
1.2 (3) Except for Byelaw 3.6 these Byelaws shall not apply in respect of any boat being a passenger ship of Class IV, Class V or Class V1 as specified in Regulation 2 of the Merchant Shipping (Fire Protection: Small Ships) Regulations 1998 (SI 1998/1011). Where exempt from these Byelaws such boats shall be regulated in all other matters covered by these Byelaws by the Maritime and Coastguard Agency.
1.3 DEFINITIONS AND INTERPRETATIONS
In these Byelaws the following words, phrases and expressions are printed in bold wherever they appear and they have the Interpretations meaning hereby assigned to them respectively:
1.3 (1) “Annual Mark” means a mark of the size, colour and shape prescribed by the Authority in its registration documents for the purpose of indicating that a power-driven boat has been registered in any year.
1.3 (2) “the Authority” means the
1.3 (3) “Boat” means every description of water craft, including sailing yacht (a boat primarily propelled by sails [larger than a dinghy] with a fixed keel or cabin), motor yacht (a boat largely propelled with an engine either steam or internal combustion including cabin cruisers), dinghy (all types of dinghy including rowboats and small sailing vessels without a fixed keel or cabin), motor sailer (a boat propelled by engine or sails with a keel and cabin), all types of inflatable boat, sportsboat (including powerboats and launches), hovercraft, personal water craft (including jetskis, jetbikes ), sailboard, canoe, kayak and shall also include any sea-plane or other plane intended for landing on water whenever such sea-plane or other plane is on the surface of the loch. In the case of a boat being used for the purposes of waterskiing and similar activities the expression 'boat' shall be deemed to include any tow-rope attached thereto and any person, structure or other boat being towed therefrom.
1.3 (4) “Fairway” means a navigable channel running between two areas of shallow water.
1.3 (5) “
1.3 (6) “Master” shall mean the person aboard having the control or charge of a boat, and in the case of any youngperson in control or charge of a power-driven boat it shall mean the adult on the boat supervising the young person in terms of Byelaw 3.5(4).
1.3 (7) “Owner” means any individual, firm or body corporate which owns the boat from time to time.
1.3 (8) “Power-driven boat” means any boat fitted with propelling machinery.
1.3 (9) “Recreational towing activities” means the activities of towing or being towed whilst taking part in water-skiing, wake-boarding, kneeboarding, parascending or being towed in or towing inflatable structures including but not limited to bananas, biscuits and ringos.
1.3 (10) “Registration Number” means the number allocated by the Authority to the owner of any powerboat, and being of a size, design and colour as may be prescribed by the Authority in its registration documents from time to time.
1.3 (11) “Restricted visibility” means any condition in which visibility is restricted by fog, mist, smoke, falling snow, heavy rain, restricted light or any other similar causes.
1.3 (12) “Sailing boat” means any boat under sail provided that propelling machinery, if fitted, is not being used.
1.3 (13) “Small passenger boat” means a power-driven boat in commercial use for sport or pleasure capable of carrying a maximum of 12 passengers in addition to the Master of the boat, and includes power-driven boats used for excursion trips, hotel boats and water taxis.
1.3 (14) “Trolling shape” is a round, orange coloured ball approximately 200mm in diameter fixed to a pole or rod .75 metres long and positioned in an appropriate part of the fishing boat where it is clearly visible.
1.3 (15) “Young person” means any person under the age of 16 years, and in connection therewith the word “adult” means any person of 18 years of age or over.
1.3 (16) A boat under mechanical power, whether also under sail or not, shall be deemed for the purposes of these Byelaws to be a power-driven boat.
1.3 (17) A boat is underway within the meaning of these Byelaws when it is not at anchor, made fast to the shore, aground, or attached to a mooring or other fixed object.
2.1 REGISTRATION – POWER DRIVEN BOATS
Subject to the provisions contained in Byelaw 2.5 no owner, or other person having the use or management of a power-driven boat shall knowingly, cause it to be brought on to, kept, let for hire or used on the loch unless it is registered with the Authority as provided by Byelaw 2.2.
2.2 METHOD OF REGISTRATION
A power-driven boat shall be registered by its owner with theAuthority in the following manner:
2.2 (1) Application Form
An application for registration, or renewal of registration shall be made on a form supplied by the Authority and shall contain such information as may from time to time be prescribed by the Authority.
2.2 (2) Registration Number
Upon receipt of the form of application, the Authority shall allocate to the power-driven boat a Registration Number and it shall notify the same to the applicant.
2.2 (3) Annual Marks
Upon registering the power-driven boat in the manner specified in this Byelaw, the Authority shall also issue in respect of the power-driven boat two Annual Marks.
2.2 (4) Display of Registration Number
The owner shall cause the Registration Number allocated to the power-driven boat to be displayed on both sides of the power-driven boat in such a manner as may be prescribed by the Authority and in such a position as to be clearly visible.
2.2 (5) Display of Annual Marks
The owner shall cause the Annual Marks to be displayed on both sides of the power-driven boat without obscuring the Registration Number referred to in Byelaw 2.2(4) and so as to be clearly visible.
2.3 EFFECTIVE DATE OF REGISTRATION
Except as stated in Byelaw 2.4 (1) below, registration shall take place when the allocated Registration Number is notified to the applicant together with the supply of the Annual Marks and shall lapse on the 31st January following.
2.4 TRANSFERS OF OWNERSHIP & NUMBERS
2.4 (1) Transfer of Ownership
Upon every transfer of ownership of a power-driven boat 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 of the power-driven boat transferred and the name and address of the transferee.
2.4 (2) No Number or Annual Mark shall be transferred to another power-driven boat without the prior written consent of the Authority.
2.5 INSPECTION OF BOATS
The Authority shall have the right to inspect a power-driven boat prior to registration and at any other time to confirm the details given on the registration application form.
2.6 FALSE INFORMATION
No person shall knowingly provide the Authority with false information or fail to disclose any material information when making an application for registration or renewal of registration as provided in Byelaw 2.2 or when notifying the Authority of a transfer of ownership as provided in Byelaw 2.4 (1).
2.7 EXEMPTION FROM REGISTRATION
Any police or fire officer or other member of the emergency services in circumstances necessary to the proper execution of his or her duty, may use on theloch a power-driven boat which is not registered with the Authority.
3 RULES OF NAVIGATION
3.1 RULES OF NAVIGATION
Any person being the Master of a boat from time to time shall be responsible for ensuring compliance with the Rules of Navigation contained in Byelaw 3 and where any power-driven boat is under the control or charge of a young person, the adult supervising that young person in terms of Byelaw 3.5(4) shall be responsible for ensuring compliance with the requirements of Byelaw 3.
3.2 LIGHTS – ALL BOATS
The provisions of Byelaw 3.2 shall not apply to sailboards, canoes or kayaks or seaplanes.
3.2 (1 ) The Master of every boat shall comply with the provisions of Byelaw 3.2. concerning lights in all weathers from sunset to sunrise. The lights prescribed by said Byelaw shall also be exhibited from sunrise to sunset in restricted visibility.
(a) “Masthead light” means a white light placed over the fore and aft centre line of the boat 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 boat.
(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 boat.
(d) “All round light” means a light showing an unbroken light over the whole circumference of the horizon of 360 degrees.
3.2 (2) A power-driven boat of 12 metres or more in length, when underway, shall carry lights of an intensity so as to be visible at the following minimum ranges:
(a) A masthead light, 4.83 kilometres, 2.5 metres above sidelights.
(b) Sidelights, 3.22 kilometres.
(c) A sternlight, 3.22 kilometres.
(d) All round light, 3.22 kilometres.
3.2 (3 ) A power-driven boat of less than 12 metres in length, when underway, shall carry lights of an intensity so as to be visible at the following minimum ranges:
(a) A masthead light, 3.22 kilometres.
(b) Sidelights, 1.61 kilometres.
(c) A sternlight, 3.22 kilometres.
(d) All round light, 3.22 kilometres, or, in lieu of the foregoing, an all round white light and side lights, minimum visibility 3.22 kilometres and 1.61 kilometres respectively.
3.2 (4) A power-driven boat of less than 7 metres whose maximum speed does not exceed 10 kilometres per hour may, in lieu of the lights prescribed in Byelaw 3.2(3) exhibit an all-round white light and shall, if practicable, also exhibit sidelights, minimum visibility 3.22 kilometres and 1.61 kilometres respectively.
3.2 (5) The masthead lights or all round white light on a power-drivenboat of less than 12 metres in length may be displaced from the fore and aft centre line of the boat if centre line fitting is not practicable, provided that the side lights are combined in one lantern, which shall be displaced from the fore and aft centre line of the boat by the same amount and in the same direction.
3.2 (6) A power-driven boat when towing another boat shall carry, in addition to the lights prescribed in Byelaws 3.2(2) to 3.2(5) (as the case may be) an additional masthead light of similar intensity in a vertical line above or below that light.
3.2 (7) A boat being towed shall exhibit:
(i) Sidelights, minimum intensity 1.61 kilometres.
(ii) A sternlight, minimum intensity 3.22 kilometres.
3.2 (8) A sailing boat of greater than 7 metres in length underway shall exhibit:
(i) Sidelights, minimum intensity 1.61 kilometres.
(ii) A sternlight, minimum intensity 3.22 kilometres.
3.2 (9) In a sailing boat of less than 20 metres in length the lights prescribed in Byelaw 3.2 (8) may be combined in one lantern carried at or near the top of the mast where it can best be seen.
3.2 (10) A sailing boat of less than 7 metres in length or a boat under oars or paddle shall, if practicable, exhibit the lights prescribed in Byelaw 3.2 (8) or 3.2 (9) but, if not, an electric torch or lighted lantern showing a white light which shall be exhibited in sufficient time to prevent collision.
3.2 (11) A boat 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 1.61 kilometres. This Byelaw shall not apply to boats when at their permanent recognised moorings, if those moorings are out of the fairway.
3.2 (12) Between sunset and sunrise no boat shall show lights, other than those specified in Byelaws 3.2(2) to 3.2(11) inclusive, which are liable to be confused or mistaken for lights so specified.
3.3 CONDUCT IN RESTRICTED VISIBILITY
3.3 (1) Safe Speed – all boats
The Master of a boat shall, in restricted visibility, only go at such speed as appropriate to the circumstances and necessary to ensure the safety of the boat, all persons on the boat, and all other person using the loch and shall, if necessary, slacken speed or stop or reverse in order to avoid risk of collision, or injury.
3.3 (3) Sound Signal – all boats
The Master of a boat shall ensure that, if practicable, at all times the boat carries a horn, whistle or other means of making an efficient sound signal.
3.3 (4) Sound Signal – power-driven boats
The Master of a power-driven boat making way in restricted visibility, shall sound or cause to be sounded at intervals of not more than two minutes one prolonged blast of its sound signal of at least five seconds duration.
3.3 (5) The Master of a power-driven boat under way, but stopped and making no way through the water in restricted visibility shall sound or cause to be sounded at intervals of not more than two minutes two prolonged blasts of its sound signal each of at least five seconds duration in succession with an interval of about two seconds between them.
3.3 (6) Boat aground – all boats
The Master of a boat at anchor or aground in a fairway, a boat restricted in its ability to manoeuvre, a sailing boat or a boat engaged in towing shall, instead of the signals prescribed in Byelaws 3.3 (4) and 3.3 (5) sound or cause to be sounded at intervals of no more than two minutes, three blast of its sound signal in succession, namely one prolonged blast, of at least five seconds duration, followed by two shorter blasts.
3.3 (7) Steering and Sailing – all boats
The Master of a boat shall, in restricted visibility, display the lights required to be carried on a boat of that type by virtue of Byelaw 3.2 Lights.
3.4 STEERING AND SAILING BYELAWS
3.4 (1) Avoiding Risk of Collision – all boats
The Master of a boat shall navigate in accordance with Byelaw 3.4. 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.
3.4 (2) Avoiding Risk of Collision – sailing boats
When two sailing boats 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 sailingboat 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 sailing boat which is to windward shall keep out of the way of the sailing boat which is to leeward.
(c) If a sailing boat with the wind on the port side sees a sailing boat to windward and cannot determine with certainty whether the other sailing boat has the wind on the port or on the starboard side, the sailing boat with the wind on the port side shall keep out of the way of the other. For the purpose of this Byelaw, the windward side shall be deemed to be the side opposite to that on which the mainsail is carried.
3.4 (3) Avoiding Risk of Collision - power-driven boat
When two power-driven boats are meeting head on, or nearly head on, so as to involve risk of collision, each shall alter its course to starboard so that each may pass on the port side of the other.
3.4 (4) When two power-driven boats are crossing so as to involve risk of collision, the power-driven boat 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 power-driven boat.
3.4 (5) When a power-driven boat and a sailing boat are proceeding in such directions as to involve risk of collision, the power-driven boat shall keep out of the way of the sailing boat.
3.4 (6) Under Oars
When two boats, one of which (whether or not fitted with propelling machinery or carrying sails) is being manually propelled solely by the use of oars or paddles, and proceeding in such direction as to involve risk of collision, the boat which is not under oars or paddles shall keep out of the way of the other.
3.4 (7) Avoiding Risk of Collision – all boats
Where, by any of the provisions of Byelaw 3.4 one of the two boats is to keep out of the way, the other shall keep its course and speed. When, from any cause the Master of the latter boat finds himself so close that collision cannot be avoided by the action of the giving-way boat alone, he shall also take such action as will best avert a collision.
3.4 (8) A boat which is directed by any of the said provisions to keep out of the way of another boat shall, so far as possible, take positive early action so as to ensure a safe passing distance.
3.4 (9) A power-driven boat which is directed by any of the said provisions to keep out of the way of another boat shall, on approaching the other boat, if necessary, slacken speed, stop or reverse or take such other actions as would avoid a collision.
3.4 (10) Avoiding Risk of Collision – Seaplanes
Seaplanes landing and taking off from the water must do so in a manner designed to ensure that the seaplane keeps clear of all other loch users.
3.4 (11) Inability to Manoeuvre – all boats
If a power-driven boat is in any circumstances unable to manoeuvre in compliance with any of the said provisions the Master shall sound the letter 'D' in Morse Code (that is to say one long blast followed by two short blasts of its sound signal) to indicate 'I am unable to give way'. It shall then be the duty of the other boat to keep clear.
3.4 (12) Notwithstanding anything contained in any of the said provisions, every boat overtaking any other boat shall keep out of the way of the overtaken boat.
3.4 (13) When two power-driven boats are approaching from approximately northerly and southerly directions respectively a pier or landing stage preparatory to going alongside it and both boats are at nearly equal distance therefrom, the boat which is to the northward of the other shall give way and allow the other boat to go alongside first.
3.4 (14) If necessary to attract attention in the interests of safety, one prolonged blast of its sound signal shall be sounded by a power-driven boat when starting from any pier or landing stage.
3.4 (15) Boat Engaged in Trolling – all boats
No boat shall approach within 100 metres astern of a fishing boat engaged in trolling and displaying a “trolling shape”.
3.4 (16) When navigating in a channel or area where there is less than 150 metres between one area of shore or island and another area of shore or island, the Master shall navigate the boat so as to be on the starboard (right) side of mid channel so as to permit boats to pass port (left) side to port side.
3.4 (17) In a channel or area where there is less than 150 metres between one area of shore or island and another area of shore or island, so as to avoid the likelihood of collision, Masters of boats shall keep on special lookout and be prepared to stop and go astern.
3.4 (18) No boat shall impede the passage or block any channel for boats passing through any of the restricted areas.
3.5 GENERAL BYELAWS RELATING TO NAVIGATION & BEHAVIOUR
3.5 (1) Reckless Navigation – all boats
No Master of any boat shall navigate or permit any boat to be navigated recklessly.
3.5 (2) Drunken Navigation – all boats
No Master of any boat or any other person shall navigate while under the influence of drink or drugs.
3.5 (3) Navigating Without Due Care and Attention – all boats
No Master of any boat shall navigate or permit the boat to be navigated without due care and attention or without reasonable consideration for other boats or persons using the loch.
3.5 (4) Young persons – power boats
No power-driven boat with a greater engine power than 5 horse power (3.7 kilowatts) shall be under the control or charge of a young person unless supervised by an adult who is present on the boat at the same time.
3.5 (5) Securing a Boat and tying up, anchoring and mooring – all boats
(a) Save as in an emergency, no Master shall moor, anchor
or tie up a boat in any part of
(b) Save as in an emergency, no Master shall tie or otherwise secure a boat to any buoy, beacon or pole marking a navigation hazard or instruction.
3.5 (6) Lifejackets – all boats
The provision of byelaw 3.5.6 shall not apply to seaplanes.
(a) The master of a boat (other than a personal water craft including a jet ski or jet bike) shall ensure that at all times the boat is carrying sufficient lifejackets or buoyancy aids of the standard specified in sub section (d) of an appropriate size and weight for each person on board at any one time;
(b) The master of a boat shall ensure that a person wears a suitable lifejacket or buoyancy aid at all times when being towed by a boat or on board an object of any kind which has been towed by a boat, except where a person is being towed whilst bare foot skiing and is wearing an adapted wet suit which aids buoyancy;
(c) Every person on a personal water craft shall wear a lifejacket or buoyancy aid of the type described at sub section (d) at all times while on board the personal water craft including a jet ski or jet bike, or being towed by another boat;
(d) A personal floatation device means any lifejacket or personal buoyancy aid complying with British Standards BS/EN393, 395, 396 or 399.
(e) This byelaw shall multiply in respect of a small passenger boat carrying (a) a minimum of two suitable life buoys, at least one of which is fitted with a buoyancy line of at least 18m in length and if operating at night at least one of which is fitted with a light and (b) lifejackets for use by every person on board in the event of an emergency, and if operating at night are each fitted with a light.
3.6 SPEED LIMITS – ALL BOATS
3.6 (1) Subject to Byelaw 3.6 (2), and except with the written approval of the Authority complying with any conditions therein, the maximum speed of any boat using the loch shall be 90 kilometres per hour or such lower speed as is consistent with the safety of theboat, its passengers and other users of the loch considering the conditions prevailing on the Loch from time to time.
3.6 (2) Notwithstanding Byelaw 3.7(1), and except with the prior written approval of the Authority, the Master of a power-driven boat shall not permit his boat to travel at a speed greater than 11 kilometres per hour in any of the following areas all as shown dark blue on the plan 1 annexed:
(a) The whole area of water lying on the south side of an imaginary line drawn from Rhu point (OS GR NS 3608 9382) at Luss camp site to the most westerly point on Inchlonaig (OS GR NS 37389303);
(b) The whole area of water lying on the south side of an imaginary line drawn from the most south westerly point on Inchlonaig (OSGR NS 3744 9286) to a point 150 metres north of the northerly point of Ceardach island (OS GR NS 3911 9198);
(c) The whole area of water lying on the south side of an imaginary line drawn from the peninsula on the eastern shore of Inchcruin (OS GR NS 3902 9122) to the most northerly point on the western shore of Inchfad (OS GR NS 3947 9090)
(d) The whole area of water lying on the north side of an imaginary line drawn from Rossdhu House Point (OS GR NS 3625 8972) to the most southerly point of Inchfad (OS GR NS 3976 9048);
(e) The whole area of water lying on the south side of an imaginary line drawn from Cameron House Marina Clubhouse (OS GR NS 3788 8275) to the boat house on the east shore at Balloch Castle Country Park (OS GR NS 3867 8299);
(f) The whole area of water lying on the east side of an imaginary line drawn from Ross Priory jetty (OS GR NS 4145 8776) to the most southerly point of Inchcailloch (OS GR NS 4068 8963);
(g) The whole area of water lying on the east side of an imaginary line drawn from the most north westerly point of Inchcailloch (OS GR NS 4080 9069) to the most northerly point of Inchfad (OS GR NS4048 9141); and
(h) The whole area of water lying on the east side of an imaginary line drawn from the most northerly point of Inchfad (OS GR NS 40489141) to Strathcashell Point (OS GR NS 3929 9310)
(i) Within 150 metres off all shores, both mainland and island, the distance to be measured at right angles from the water's edge other than in the following areas:
(i) from Cameron House Marina Clubhouse OS GR NS 37888275) to a point fifty
metres south of the peninsula from the north end of Cameron House estate (OS
(ii) from the South Lodge of Lomond Castle (OS
(iii) from Culag Farm (OS
(iv) from north of Tarbet Isle (OS GR NN 3292 0559) to 200 metres south of Inveruglas camp site jetty (OS GR NN 3216 0884);
(v) from Pulpit Rock (OS GR NN 3267 1371) to Stuckendroin, south of
(vi) from Strathcashell point (OS
(vii) from the most southerly point on the east shore of Inchlonaig (OS GR NS 3850 9327) to the most northerly point of the east shore of Inchlonaig (OS GR NS 3833 9394); and
(vi) from the most south easterly pier on Inchmurrin Island (OS GR NS 3777
8638) proceeding north-easterly to a point on the most northern tip of
Inchmurrin (OS
3.7 RECREATIONAL TOWING
Water Skiing, Wakeboards, Knee Boards, Airchairs – power-driven boats
3.7 (1) The Master of a power-driven boat shall not knowingly cause or permit it to be used for the purposes of recreational towing activities except in accordance with the following paragraphs:-
Observer
(a) When towing a person engaged in a recreational towing activity, the power-driven boat shall carry two competent persons, one of whom shall navigate the boat and the other of whom shall watch the person being towed and relay his signals to the navigator.
Mirror
(b) The power-driven boat shall be equipped with a mirror so constructed and fixed as to enable the navigator of the boat to observe the person being towed and boats to the rear of hisboat.
3.7 (2) Paddle
No power-driven boat shall be used for a recreational towing activity unless it has a paddle or other alternative means of propulsion in the event of engine failure so as to enable the retrieval of a person being towed from the waters of the loch.
Nuisances
3.7 (3) No water skier shall ski in such a manner as to cause a nuisance or to be a danger to any boat or to any other person using the loch.
3.7 (4) No water skier shall ski while under the influence of drink or drugs.
Maximum Numbers and Speed
3.7 (5) The Master of a power-driven boat shall not knowingly cause or permit it o tow at any time more than two water skiers, provided that this Byelaw shall not apply to any person who has first obtained the written approval of the Authority.
3.7 (6) The Master of a power-driven boat shall not knowingly cause or permit it to tow at any time more than one structure or boat which has no independent means of propulsion or mechanical directional control.
3.7 (7) No boat shall tow at a speed above 30 kilometres per hour any structure or boat which has no independent means of propulsion or mechanical directional control.
3.8 PARASCENDING
No person shall knowingly cause or permit to be used any boat for the purposes of parascending unless the prior written approval of the Authority has first been obtained.
3.9 NOISE AND SILENCERS – ALL BOATS
3.9 (1) The Master of a boat propelled by an internal combustion engine shall comply with byelaws 3.9 (2), (3) and (4) relating to the emission of noise and the fitting of silencers.
3.9 (2) A boat propelled by an internal combustion engine shall be fitted with a silencer expansion chamber or other contrivance suitable and sufficient to revent the occurrence of noise amounting to a nuisance caused by the escape of the exhaust gases from the engine.
3.9 (3) A boat propelled by an internal combustion engine shall be used on the loch so that the exhaust gases from the engine do not escape into the atmosphere without first passing through the silencer, expansion chamber or other contrivance required by these Byelaws to be fitted.
3.9 (4) Every such silencer expansion chamber or other contrivance shall at all times, while the boat is used on the loch, 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.
3.10 GENERAL RULES RELATING TO BOATS
3.10 (1) General Rules Relating to Boats
No person shall navigate, or cause to be navigated any boat which, by reason of its construction, or fitting out, could be liable to cause a hindrance to free navigation or danger to persons, other boats or property.
3.10 (2) No person shall operate a boat on the loch in such a manner or for such a time as to give any other person reasonable cause for annoyance.
3.10 (3) Drifting, Unattended Boat
Where a boat 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 of the Authority. The Authority shall levy such charges on the owner of the boat necessary to cover cost thereby incurred, and in the case of a power-driven boat the person last registered with the Authority as the owner shall be liable for such charges. No responsibility of any kind whatsoever can be attached to the Authority for any damage to or loss of any boat or for inconvenience caused when such action has been taken.
3.11 NOTIFICATION OF ACCIDENTS – ALL BOATS
3.11 (1) If in any case owing to the presence of a boat in or on the loch an accident occurs whereby a boat is damaged or personal injury is caused to any person, each and every boat involved shall stop as soon as is practicable and the Master of each boat 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, if a powered boat,Registration Number of the boat.
3.11 (2) The owner or Master of a boat which through accident or other cause has sunk or is stranded in the loch shall at the earliest reasonable opportunity give notice to the Authority or to the Police of the position of such boat.
3.12 INVESTIGATION – ALL BOATS
3.12 Responsibility of Owner and Master to co-operate with investigation
The owner (whether or not he was the Master of the boat), and the Master (where the owner was not the Master at the time) of a boat shall each co-operate in any investigation that is carried out into any accident or incident involving that boat at the time of such accident or incident.
3.13 GENERAL BYELAWS RELATING TO
THE
3.13 (1) Trade or Business
No person shall conduct any activity by way of trade or business with, or in expectation of personal reward from members of the public on the shore, without the prior written permission of the Authority.
3.13 (2) Damage to natural and cultural heritage
(a) No person shall damage or through their actions cause to be damaged either the flora and fauna of the banks and shore of the loch, or the amenity or any physical features on or forming part of theloch or its banks and shore.
(b) No person shall deposit or leave any litter, rubbish or waste in the loch or on its banks or shore, including any hook, line, weight or other item of fishing tackle.
3.13 (3) Damage to Property
No person shall remove or damage a pillar, post, stone, mound, bunding or any other structure, erected by or with the permission of the landowner to prevent vehicular access to a shore, other than an authorised officer of the Authority.
3.13 (4) No person shall overcome any such structure as described in 3.13 (3) above by driving over it or by any other means, other than an authorised officer of the Authority.
3.13 (5) No person shall remove or damage a sign or instruction erected by the Authority.
3.14 INTERFERENCE WITH BOATS
3.14 (1) Except in an emergency no person other than an authorised officer of the Authority or a Police Constable shall cast off the mooring line or lines of any secured boat without the consent of the owner or the Master of the boat.
3.14 (2) No person shall start the engine or in any way interfere with the machinery, equipment or accessories of a boat without the permission of the owner or Master of the boat.
3.15 TROLLING
3.15 (1) When trolling, the Master of the boat shall ensure that a trolling shape is displayed to indicate that the boat has a troll line or lines behind it.
3.15 (2) Notwithstanding any provision made elsewhere all trolling boats must conform to Byelaw “Lights” Section 3.2.
3.16 DIRECTION OF AUTHORITY PERSONNEL OR POLICE
Enforcement of Byelaws
3.16 (1) A person on land or water owned or managed by the Authority in those areas described in Byelaw 1.2 (1) shall obey and conform to the directions of a Ranger, Police Constable or any other person authorised by the Authority and identified as such on matters relating to provisions in these Byelaws.
3.16 (2) Any person suspected of being in breach of these Byelaws shall provide their name and address to a Ranger, Police Constable or other authorised person when asked to do so.
3.16 (3) Where it is suspected that there has been a breach of the Rules of Navigation in Byelaw 3 the owner of a boat shall provide the name and address of the person having use or control of the boat where such person was not the owner at the material time when asked to do so by a Ranger, Police Constable or other authorised person.
3.16 (4) Where a request for the information specified in Byelaw 3.16 (2) or Byelaw 3.16 (3) is refused or the person gives a name or address which is false or misleading that person shall be guilty of an offence.
3.17 DEFENCE OF DUE DILIGENCE
In any proceedings for an offence under these Byelaws, other than an offence rising from Contravention of Byelaw 3.5 (1) and (3), it shall be a defence for any person charged to show that he used all due diligence to avoid the commission of the offence, or that in all the circumstances it was not reasonably practicable or necessary for him to act in accordance with the requirements of the Byelaw which he is charged with contravening.
3.18 PENALTIES
Any person contravening any of the provisions of these Byelaws shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding Level 2 on the Standard Scale.
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