Loch Lomond Byelaws – 1. General

1.1 TITLE

These Byelaws may be cited as the “Loch Lomond Byelaws 2023”.

1.2 APPLICATION

• 1.2 (1) These Byelaws shall be applicable to: (a) the waters of Loch Lomond and its tributaries, distributaries and navigable rivers; and, (b) where the context so admits or requires, the Shoreline, the banks and the Islands of Loch Lomond within Loch Lomond and The Trossachs National Park all within the area delineated in red on plan 1 annexed (together the features and areas referred to in Byelaw 1.2 (1) (a) and 1.2 (1) (b) are referred to in these Byelaws as the Loch).
• 1.2 (2) Nothing in these Byelaws shall prevent a riparian or other proprietor as owner of land in the Loch or adjacent thereto from exercising a right vested in them as owner of that land. Riparian and other proprietors shall otherwise be subject to these Byelaws to the same manner and extent as all other users of the Loch.Exemption 
• 1.2 (3) Except for each of Byelaws 2.3(1), 2.3(2), 3.6, 3.13(1) and 3.13 (2) these Byelaws shall not apply in respect of any Vessel being a passenger ship of Class IV, Class V or Class VI as specified in Regulation 2 of the Merchant Shipping (Fire Protection: Small Ships) Regulations 1998 (SI 1998/1011). Where exempt from these Byelaws such Vessels 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 interpretation and meaning hereby assigned to them respectively. Any reference in these Byelaws to the singular shall be deemed to include the plural and vice versa.

• 1.3 (1) “Adult” means any person of 18 years of age or over.
• 1.3 (2) “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 vessel has been registered in any year.
• 1.3 (3) “the Authority” means Loch Lomond and The Trossachs National Park Authority.
• 1.3 (4) “Damage” means death or Injury to any human being or Wildlife or any loss or physical harm to any property, including land.
• 1.3 (5) “Drug” means any intoxicant other than alcohol.
• 1.3 (6) “Fairway” means a navigable channel running between two areas of shallow water.
• 1.3 (7) “Injury” means any permanent or temporary impairment of physical or mental condition and/or any disease.
• 1.3 (8) “Islands” means all of the Islands of the Loch.
• 1.3 (9) “Master” means the person aboard having the command or charge of a Vessel, and in the case of any Young person in command or charge of a Power-driven vessel with a greater engine power than 5 horsepower (3.7 kilowatts) it shall mean the Adult on the Power-driven vessel supervising the Young person in terms of Byelaw 3.5(4)(a). Where a Vessel is remotely controlled the controller of the Vessel shall be the Master.
• 1.3 (10) “Making way” in respect of a Vessel, means a Vessel being propelled by any means through the water of the Loch.
• 1.3 (11) “Nuisance” means any act or omission which causes or is likely to cause Injury, annoyance, disturbance or Damage to other users of the Loch or Wildlife.
• 1.3 (12) “Owner” means the person, firm or body corporate having the use or management of a Vessel. For the avoidance of doubt and the purpose of these Byelaws, the state of being the Owner does not also require that person to have or hold, solely or otherwise, rights of property in the relevant Vessel.
• 1.3 (13) “Personal water craft” means every description of Personal water craft, including, without limitation, any Power-driven vessel designed to be operated by a person or persons sitting, standing or kneeling on rather than within the confines of a hull.  
• 1.3 (14) “Power-driven vessel” means any Vessel fitted with propelling machinery. A Vessel under mechanical power, whether also under sail or not, shall be deemed for the purposes of these Byelaws to be a Power-driven vessel, including, without limitation, any Power-driven vessel designed to be capable of operation remotely by a person not present on the Power-driven vessel.
• 1.3 (15) “Public rescue equipment” means lifebuoys, lifebelts, throw lines and other similar equipment intended to aid in the rescue of human beings or other living beings.
• 1.3 (16) “Recreational towing activities” means the activities of towing or being towed for recreation, pleasure or sport including without limitation Water skiing, wake boarding, knee boarding, parascending or being towed in or towing inflatable structures including without limitation bananas, biscuits and ringos.
• 1.3 (17) “Registered owner” means the person, firm or body corporate that has registered the Power-driven vessel for use on the Loch from time to time, in accordance with Byelaw 2.3. For the avoidance of doubt and the purpose of these Byelaws, the state of being the Registered owner does not also require that person to have or hold, solely or otherwise, rights of property in the relevant Vessel.
• 1.3 (18) “Registered user” means a person registered with the Authority in accordance with Byelaw 2.1.
• 1.3 (19) “Registration number” means the number allocated by the Authority to any Power-driven vessel, 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 (20) “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 (21) “Sailing vessel” means any Vessel under sail provided that propelling machinery, if fitted, is not being used.
• 1.3 (22) “Seaplane” means every description of aircraft capable of landing and taking off from water.
• 1.3 (23) “Shoreline” means any land, both mainland and Island, that immediately adjoins any of the waters of the Loch, including, without limitation, the banks of the Loch, both mainland and Island.
• 1.3 (24) “Sunrise” means the time of day when the sun first appears above the eastern horizon as specified from time to time by the UK Met Office for the Loch’s area.
• 1.3 (25) “Sunset” means the time of day when the sun disappears below the western horizon as specified from time to time by the UK Met Office for the Loch’s area.
• 1.3 (26) “Trolling” means to fish by trailing a lure or baited line along behind a Vessel.
• 1.3 (27) “Trolling shape” means a round, orange coloured ball approximately 200mm in diameter fixed to a pole or rod of a minimum length of 0.75 metres and positioned in an appropriate part of the Vessel where it is clearly visible over an arc of the horizon of 360 degrees.
• 1.3 (28) “Under way” means a Vessel on the water of the Loch that is not at anchor, made fast to the Shoreline or aground.
• 1.3 (29) “Vessel” means any structure, craft or board used or capable of being navigated or used on, in or under or landing on water, whether or not capable of carrying any person and whether or not self-propelled and whether or not capable of operation remotely.
• 1.3 (30) “Water skiing” means the activity of being towed with an independent means of directional control where the participant uses either a single ski (mono ski) or a pair of skis (combination skis) or a board designed or manufactured for that purpose, including without limitation Water skiing, wake boarding and knee boarding and “Water skier”, shall be construed accordingly.
• 1.3 (31) “Wildlife” means any species of animal or bird which is on or in the Loch in a wild state and any species of plant which grows on or in the Loch in a wild state.
• 1.3 (32) “Young person” means any person under the age of 16 years.