Tor Bay Harbour

We regularly enforces the byelaws and have an Enforcements and Prosecutions policy (see the Polices page for full details). Below is a a summary of Harbour Byelaws:

Excessive speed

4. 1. Subject to Byelaw 8 and the Collision Regulations the master of a vessel shall not during the months of May to September inclusive cause or permit such vessel to exceed a speed of 5 knots through the water on the landward side of any line of 5K buoys positioned by the Council within the harbour and shall not at any time of the year exceed that speed when within an enclosed harbour.
   2. This Byelaw shall not apply to a person going to the assistance of any person or vessel in difficulties nor to a person taking part in an event organised by or with the consent in writing of the Council nor to any person operating a vessel which is towing a water skier within one of the water ski lanes nor to any person piloting a sea plane the operation of which has been authorised by the Council.

Vessels to navigate with care

8. The master shall navigate his vessel with such care and caution, and at such speed and in such manner, as not to endanger the lives of or cause injury to persons or damage to property, and as not to unreasonably obstruct the navigation, manoeuvring, loading or dis-charging of vessels or cause damage to moorings.

Competent persons to be in charge of vessels

14. 1. No person shall have the charge of a vessel entering, leaving or manoeuvring within the harbour unless either he/she is himself/herself a competent person or he is acting on the orders of the Harbour Master.
    2. No person under the age of 18 years shall drive a power boat within the harbour. All power boats used within the harbour shall have their names or numbers at all times clearly displayed on each side and to the satisfaction of the Harbour Master.

Water ski lanes

53. No water skier shall ski on the landward side of a line of 5K buoys unless he is within a water ski lane.

Competent look-out

54. A master, whilst using his vessel for the purpose of towing a water skier or a person aquaplaning, shall have on board at least one other person capable of taking charge of the vessel and of giving such assistance as may be reasonably required during the towing and in the recovery of the water skier.

Use of water ski lane

55. 1. No person shall use a water ski lane for water skiing between sunset and sunrise.
    2. No person shall engage in any activities (other than water skiing) in a water ski lane.

Diving from vessels

56. 1. No person shall dive from a vessel within the harbour unless there is a lookout in the vessel at all times whilst such person is in the water.
    2. Whilst any person is diving from a vessel the lookout remaining shall ensure that there is exhibited on the vessel a rigid replica of the International Code flag “A” not less than one metre in height. Measures shall be taken to ensure all-round visibility.

Penalties for Breach of Harbour Byelaws

Any person who contravenes or otherwise fails to comply with any of these Byelaws, or any conditions requirement or prohibition imposed by the Harbour Master in the exercise of the powers conferred upon him by these Byelaws, shall be guilty of an offence and be liable, on conviction before a court of summary jurisdiction, to a fine as follows:

• for the contravention of Byelaws (14 (2)(b), 34, 35, 49, 51, 77, 85, 86, 88, 94 and 95 not exceeding level 2 on the Standard Scale;
• for the contravention of any other Byelaw, not exceeding level 3 on the Standard Scale

Where the commission by any person of an offence under these Byelaws is due to the act or default of some other person, that other person shall be guilty of an offence; and that other person may be charged with, and convicted of, the offence by virtue of this Byelaw, whether or not proceedings for the offence are taken against any other person; In any proceedings for an offence under these Byelaws, it shall be a defence for the person charged to prove:

that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an office; or that he had a reasonable excuse for his act or failure to act. If, in any case, the defence provided by paragraph (3)(a) of this Byelaw involves the allegation that the commission of the offence was due to the act or de fault of another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, within a period ending seven clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying, or assisting in the identification of, that person as was then in his possession.

• Standard Scale Level 2 - Maximum Fine £500
• Standard Scale Level 3 - Maximum Fine £1,000

Last amended 1991