EAST LOTHIAN COUNCIL CIVIC GOVERNMENT (SCOTLAND) ACT 1982 CONDITIONS FOR BOAT HIRERS LICENCE LARGE VESSELS - 18 FEET (5.5 METRES) AND OVER IN LENGTH OVERALL

1. The licenceholder shall ensure that the maximum number of persons to be carried in the boat or vessels at any one time (including any person in charge of the boat or vessel or any other crew) must not exceed that stipulated in the licence. The maximum number of passengers shall be dependant on the activity being carried out, with numbers being reduced for diving and sea-angling consistent with the amount of equipment carried.

2. The licenceholder shall only use or permit to be used the vessel within the area specified in the licence, that is up to 3 miles from the land. (The licenceholder is reminded that the vessel should also comply with any other statutory requirements of the Department of Environment Transport and the Regions under the Merchant Shipping Acts).

3. The licenceholder shall take out and maintain in force with a reputable company a policy of insurance with and indemnity limit not less than £2,000,000 which insures such person, persons or class of persons as may be specified in the policy in respect of any liability which may be incurred by him in respect of the death of or bodily injury which may be incurred by him in respect of the death of or bodily injury to any person caused by, or arising out of, the use of the vessel. Such policy to be in force at all times before undertaking the activities to which this licence relates. Any change in policy must be notified to and approved by the licensing authority and the licenceholder must comply with any requirements by the licensing authority to produce his policy document.

4. The licenceholder shall ensure that any registered number allotted to the vessel by the licensing authority is clearly marked or painted on the outside of each bow of the vessel in a conspicuous position in plain figures of not less than 2 inches in height and of a corresponding breadth. (If vessel more than 3 tons figures shall not be less than 3 inches in height and of a corresponding breadth).

5. The licenceholder shall make sure that the name of the licenceholder and the words "To carry persons" (the number being the maximum number of persons the boat is licensed to carry including crew) is marked or painted in a conspicuous position where it can be clearly seen by the passengers, in letters and figures of not less than one inch in height and of a corresponding breadth.

6. The licenceholder shall ensure that all numbers or names required by the licensing authority are kept at all times distinctly legible and must not be in any manner or by any means altered, effaced, obliterated, covered or concealed.

7. The licenceholder shall ensure that the hull, and any oars, spars, rigging, engines and mechanical equipment of the vessel be rendered at all times complete and in sound and seaworthy condition to the satisfaction of the licensing authority.

8. The licenceholder shall at all times to the satisfaction of the licensing authority keep the slipways, jetties, piers and other landing places at his boat station, so far as under his/her control, in good and sufficient order and repair for the safe embarking and disembarking of passengers.

9. The licenceholder shall ensure that the vessel carries a sufficient number of life jackets for all persons on board including the person in charge and any other crew. Lifejackets must be Maritime and Coastguard (DETR) approved or comply with BS EN 396 of 150N or BS EN 399 of 275N. No more than two different types of lifejacket shall be permitted on the vessel, to limit any confusion in use. Lifejackets which comply with BS 3595 and with a current servicing certificate as appropriate may continue to be used. DETR approved 100N buoyancy aids and modified Civil Aviation Authority) lifejackets are not acceptable. If the lifejackets are inflatable an additional 10% or 2, whichever is the greater, must be provided. In addition a sufficient number of lifejackets to a standard approved by DETR must be provided for any children carried on the vessel. Lifejackets must be fitted with a whistle and retro-reflective tape, but need not be provided with a light.

10. The licenceholder shall, to the best of his ability ensure that the person in charge of the vessel must at all times seek and take heed of weather warning or other instructions issued to him/her by the Coastguard, or Harbour Master, or person in charge of Royal National Lifeboat Institution or sailing club rescue boat, Air Sea Rescue aircrafts or other persons.

11. The licenceholder shall not let any vessel to any person whom the licence holder considers is not fit to handle the vessel properly and would thereby be a danger to themselves or others (whether on the vessel or not).

12. The licenceholder shall ensure that each vessel at all times when let or plying for hire be in the charge of an experienced AND qualified boatman who has a thorough knowledge of the weather and tidal conditions of the area in which the vessel is licensed to operate.

13. The licenceholder shall make sure that each vessel carries sufficient (that is 1 per 6 persons - and in any case not less than two) 30 inch diameter DTI approved lifebuoys, at least one of which shall have a light signal, and at least one of which shall one of which shall have a 60 foot buoyant line attached and such lifebuoys shall be kept within easy reach of the helmsman. ( As an altenative to the 30 inch diameter type of lifebuoy the vessel may be provided with sufficient DTI approved lifebuoys of the horseshoe lightweight type and in such event any such lifebuoy fitted with a light should also be fitted with a drogue.)

14. The licenceholder shall ensure that each vessel carries distress flares comprising, at least 4 x 2 star red signals (or 2 red parachute rockets), 2 red hand flares, and 2 orange smoke signals.

15. The licenceholder shall ensure that the vessel complies with the requirements of the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996,SI 1996 No.75. Vessels of 12 metres in length or less are not obliged to carry such sound signalling equipment but shall carry some other means of making an efficient sound.

16. The licenceholder must ensure that each vessel is equipped with an efficient radar reflector except on vessels without a mast. Where it is not practicable for an efficient radar reflector to be fitted then it must not put to sea in fog and if visibility starts to deteriorate then it must return to shore.

17. The licenceholder must ensure that a water resistant torch is carried on each vessel.

18. The licenceholder must ensure that each vessel carries an efficient magnetic compass which is suitably equipped and fitted with a deviation card.

19. The licenceholder must ensure that each vessel carries medical stores in accordance in accordance with Merchant Shipping Notice MSN 1726 (M+F).

20. The licenceholder must ensure that each vessel carries an anchor and chain and such rope or cable attached to the chain as can also be used for towing purposes.

21. The licenceholder shall ensure that each vessel has an efficient means of removing sea water. ADDITIONAL REQUIREMENTS FOR VESSELS WITH ENGINES

22. The licenceholder shall ensure that the engine, any auxiliary engines, steering gear and any other mechanical equipment be maintained at all times in efficient working order and in a sound and seaworthy condition.

23. The licenceholder shall ensure that the vessel carries a tool kit with sufficient tools to carry out emergency repairs to the engine.

24. The licenceholder shall ensure that each vessel carries adequate fire fighting equipment sufficient to comply with the requirements of the Conditions set out in paragraphs 14 and 15 of the MCA Code of Practice for the Safety of Small Commercial Sailing Vessels in Commercial Use for Sport or Pleasure operating from a Nominated Departure Point. NOTE: The foregoing conditions are minimum requirements and the vessel should also comply with any other statutory requirements of the Department of Environment Transport and the Regions under the Merchant Shipping Acts.