Changes have been introduced to the Loch Lomond Byelaws, and are being enforced from 1st November 2024.
There are six key changes to existing byelaws, which all loch users need to familiarise themselves with.
The byelaws are required by law to be reviewed at least every 10 years. Given the changes in recent years as to how Loch Lomond is used – especially the growing popularity of open water swimming and paddle sports, coupled with significant increases in byelaw breaches – additional measures are required to protect public safety, prevent irresponsible behaviours and to make enforcement more efficient.
The final set of Loch Lomond Byelaws that will come into effect on 1st November 2024 can be viewed here. Hard copies are also available at National Park Headquarters in Balloch, Duncan Mills Memorial Slipway and Balmaha Visitor Centre. Anyone who intends to be in charge of a vessel with an engine that is not registered to them, before 31st January 2025, should contact Duncan Mills Memorial Slipway on 01389 722030, or email boatregistration@lochlomond-trossachs.org In the meantime, owners who are already registered with the National Park Authority do not need to take any action.
A new online registration system is being introduced to make it easier for owners to register vessels with an engine (including jet skis). The same system will be used to register people who intend to be in charge of a vessel that is not registered to them. Further information on this new system will be shared by January 2025.
The approach taken by the National Park Authority to the enforcement of the byelaws is one of prevention first, through engagement and information promoting positive behaviour and voluntary compliance. Our Rangers carry out regular patrols on Loch Lomond and on the shore, engaging with thousands of visitors every year to provide advice on water safety and byelaws. They have the support of Police Scotland where required and some alleged byelaw contraventions are progressed to formal enforcement through cases being referred to the Procurator Fiscal to be dealt with by the courts. We are continually reviewing and improving our enforcement procedures and the introduction of the new Loch User Registration Scheme is designed to make enforcement more efficient.
This new legislation makes it compulsory for under 16s to wear PFDs on any vessel on an open deck when the vessel is under way because we recognise that children are less likely to be able to make an informed decision in relation to their personal safety and therefore have a higher level of risk. Under 16s can remove PFDs when in a fully enclosed cabin but must remember to put them on again when leaving the cabin. On Loch Lomond, the current byelaws already require that PFDs must be carried on board any vessel, boats, canoes, kayaks, paddleboards and any other vessel on the water whether it has an engine or not, including jet skis. However, National Park Authority Rangers already strongly advise that everyone should wear Personal Floatation Devices (lifejackets or buoyancy aids), on any vessel on Loch Lomond or indeed any water body in the National Park. Making it compulsory for everyone to wear a PFD would require a significant level of resource to enforce this measure and this would need to be balanced with enforcing other elements of the byelaws, including those where Loch user behaviour could be causing a danger to others. It is therefore considered proportionate to introduce this new, additional byelaw only for young people. However, the guidance that PFDs should be worn by all, regardless of their age, will continue to form a crucial part of our water safety advice.
If someone under 16 takes out a vessel with an engine and breaches a byelaw, the registered owner or owner will be guilty of an offence. The registered owner (or owner), would not be charged with the specific offence or offences committed by the young person but they can however be charged with an offence under byelaw 3.5(4)(c) for failing to ensure the lawful use of their vessel by a young person.
Currently all power-driven vessels (boats and other vessels with an engine, such as jet skis) are required to be registered for use on Loch Lomond. However, we know that they are also commonly used by other individuals, not just the registered owner. Between 2019-2021, 69% of people stopped on the Loch for byelaw contraventions were not the registered owner of the vessel. Every year false details are provided to our Rangers by people who are in charge of vessels and stand accused of behaving dangerously or irresponsibly. This makes it challenging to progress some enforcement cases due to difficulty in identifying the individuals in charge of a vessel at the time that byelaw contraventions are suspected of taking place. The new Loch User Registration Scheme requires any individual who intends to be in command or charge (Master) of a vessel to have completed an individual registration with the National Park Authority. This will act as a deterrent, and will allow Masters to be more easily identified in the event of a suspected byelaw contravention and will assist the progress of enforcement action when necessary. Further information on this new system will be shared by January 2025.
In the public consultation, there were requests for a complete ban on Personal Water Craft (PWCs) such as jet skis and jet bikes. The main reasons given for this included anti-social behaviour associated with some jet ski users, fears that there could be a collision between a PWC and another vessel or another, more vulnerable Loch user, and disturbance caused by the noise of the engines. The merits of a ban on these types of vessels were considered. However, it was not seen to be proportionate to ban one type of powered vessel and was deemed more appropriate to focus on using byelaws to address behaviours. There is also a risk of displacing PWCs to other lochs within the National Park, where there aren’t byelaws in place. While data does show that there has been a significant increase in PWCs registered on Loch Lomond in recent years (31% increase between 2019 and 2022), other activities such as paddleboarding and kayaking have also seen significant increases. The introduction of ‘Low Speed Activity Zones’ is designed to minimise the risk of collisions and conflicts between different users.
Although our Rangers can issue Fixed Penalty Notices for littering and flytipping offences under the Environmental Protection Act, they do not have Fixed Penalty issuing powers under the Loch Lomond Byelaws. If an alleged byelaw contravention is assessed to be worthy of charging an individual, Rangers report the case directly to the Crown Office and Procurator Fiscal Service, which can result in a defendant gaining a criminal record if they are found guilty. The use of Fixed Penalty Notices for more straightforward byelaw breaches could assist with both the efficiency and the proportionality of enforcing the byelaws. The National Park Authority will further discuss with the Scottish Government the possibility of acquiring Fixed Penalty Notice powers for more minor byelaw breaches, as it is considered that this would provide additional deterrence from inappropriate or unsafe behaviours.
Your information will be processed by the National Park Authority in accordance with the Data Protection Act 2018. Your contact details (email, postal address or telephone number) may be used to advise you of issues relating to the use of your vessel on Loch Lomond, such as public swimming events. Information about vessel users may be used to enforce the Loch Lomond Byelaws.
Byelaws are in place on Loch Lomond, and not on other lochs in the National Park, because of the extent and range of recreational activity on Loch Lomond, together with the special environmental qualities of the Loch. There are no plans to introduce byelaws on other lochs.
These changes were developed following a thorough and inclusive review process, involving consultation with local stakeholders, the wider public, legal counsel and experienced staff members over a period of several months. With over 380 responses from organisations and individuals, the public consultation highlighted a diverse range of views on the proposals but with significant levels of support (75-88%) for most proposed changes. The proposed changes to the byelaws were approved by the National Park Authority Board on 30th January 2023. Final approval from Scottish Ministers was received on 23rd August 2023.