TWO recent tragic accidents involving high-speed craft have raised a number of questions regarding the use of these vessels.
The latest, involving the death of 16-year-old Hannah Sutton when her jet-ski was rammed by a jet-ski driven by her boyfriend James Dudley, also 16, cast a stark light on the regulations governing the operation of high-speed craft in Cyprus.
Unfortunately, there is no specific European directive yet regarding the particular handling of high-speed craft and operator licences are not compulsory in all 25 countries of the European Union (not to mention elsewhere).
In spite of this, Cyprus being fully aware of the serious consequences of non-regulated navigation activities on the quality of one of the most basic pillars of our economy, tourism, has since 1990 undertaken strenuous efforts to regulate the use of jet-skis and other small high-speed craft.
The basic High-Speed Craft Law number 56(I) of 1992 was enacted in late 1992 and by 1999 the specific regulations were approved by Parliament, known as the No.121 High Speed Craft Regulations of 1999. (Details of this lengthy legislation may be obtained from the Department of Merchant Shipping, Tel: 25-848100 Fax: 25-848200 e-mail: [email protected], http://www.shipping.gov.cy
The following are Answers to common questions under the above law:
What is a High-Speed Craft?
Any mechanically driven vessel able to reach a speed of at least 15 knots (27.8km/h) with a length not greater than 15 metres.
Are jet-skis regulated by this law?
Yes, jet-skis are regulated as well as any speed-boat, run-about, parachute towing vessel, skiing towing vessel and any other small craft able to navigate at a speed of at least 15 knots.
Can anyone rent or operate a jet-ski or any high-speed craft?
No, you cannot operate a high-speed craft in Cyprus. This is strictly prohibited unless you are a holder of a valid High-Speed Craft Operator Licence issued by the Department of Merchant Shipping of the Republic of Cyprus. According to the law, nobody is allowed to operate a high speed craft without a licence.
Well what happens if I am a tourist, not a resident of Cyprus, and just visiting for a few days?
If you are visiting Cyprus for a period of over 30 days, then you are still not allowed to operate a high speed craft unless you are a holder of a valid high speed craft operator licence from the Department of Merchant Shipping of the Republic of Cyprus.
However, if you are visiting Cyprus for a period less than 30 days then the law requires that you do have with you an equivalent valid licence, which is issued by the responsible authority in your own country. But even if you do not have your foreign licence with you or if you do not have a licence at all, then the procedure is very complicated: if you are absolutely adamant that, in spite of the fact that you cannot present a valid licence, you are absolutely sure that you are a knowledgeable person and capable of safely operating a jet-ski or a high-speed craft, then the law allows the following procedure:
(a) The owner (nobody else except the “owner”) of the specific jet-ski or high-speed craft which you are about to rent, who is by law a professional, must brief you, convey some vital knowledge and information and must imperatively examine you on the following items: Engine start, switch on and off and engine pre-operation and kill switch operation and procedures, speed and rev-control, steering and manoeuvres, assisting distressed swimmer, emergency stop, departure and arrival procedures, swimming ability in case of fire on the engine, international rules of the road, distress signals, local laws, swimming areas, navigating in corridors, life jacket use and adjustments and the use of safety equipment if and those included in the vessel’s paraphernalia, anchoring, lifting, launching (where applicable) etc, .
(b) After the above is completed and if the owner of the jet-ski or of any other rental high-speed craft is convinced that he or she can risk his property and profession on your skills and knowledge, then he or she must sign jointly with you a “binding declaration” by which it is declared that the owner is convinced you are capable of safely operating the jet-ski or high-speed craft and you will declare by signing, that you have received all the necessary information and knowledge and that you are indeed capable of safely operating the vessel.
This procedure and the actual signing of the “binding declaration” are precisely stipulated by law and absolutely no deviation is allowed if a rental is to take place.
(c) In case of any law infringement or accident by the operator or user, irrespective of the circumstances, the owner of the rented jet-ski or high-speed craft is absolutely and categorically fully and equally and jointly responsible with the user or operator and the owner is considered – by law – an “accomplice” and a “perpetrator”. (Unless proven beyond reasonable doubt – before a court – that he or she is not fully responsible). Absolutely no rental is allowed without either an operating licence or a signed “binding declaration”.
What about the age? How old can I be to operate or rent a jet-ski?
The basic law requires a High-Speed Craft Operators Licence, which can only be granted to someone over 18. This becomes even more difficult in cases of tourists not possessing a licence because even if you can prove by your passport or identity card that you are indeed over 18, the owner may refuse to sign a “binding declaration” and therefore you will not be able to operate a jet-ski, if you do not convince him that not only you are above 18 but that you are absolutely capable of operating a jet-ski safely.
Can I start operating a jet-ski from the beach?
Only if you are far away from areas marked with red-orange buoys (Swimmers’ Protection Areas in which no vessel is allowed to enter) or if you beach the boat inside a boat corridor marked with red buoys running vertical to the coastline. Even then, it is strictly prohibited to go faster than 3 knots, i.e. faster than a good swimmer using fins.
When can I start speeding-up with any high-speed craft?
Only when you have a completely clear way in front and only if you are 100 metres further than the offshore buoys if you are using a jet-ski. (If using a jet-ski, keep a safe distance of 50 metres from any other jet-ski or any other vessel when navigating above 3 knots).
Can I have a beach-start when skiing?
Absolutely not. Even in none protected areas, like beaches far away from swimmer protected areas, in Akamas, Cape Greco or elsewhere No high-speed craft is allowed to navigate faster than 3 knots when 100 metres or less from any beach.
In what way can I distinguish a “professional” for these services?
Prices must be posted. Most of the high-speed boats must have a number on the bow (front of the boat) starting with the letters “LL” then a number and after the number there must be the letter “B”. Do not rent any high-speed craft unless you see on it a conspicuous sticker (navigation licences) with a valid date issued by the Department of Merchant shipping. Also monitor if previous customers are entered into a logbook and make absolutely sure that there is a “binding declaration” signing procedure going on. If any of the above is not present, do not rent, and report either to the lifeguard on duty or the nearest police station. (or send a fax to Cyprus Tourism Organisation at 24-624110 or telephone at 24-653113).
Who is responsible for making sure that the law is applied?
The Minister of Communication and Works is the responsible authority. He has delegated most of his authority to the Department of Merchant Shipping. The port and marine police
is also vested with the necessary powers and has the responsibility for regular checks on the spot and for monitoring the general application of the high-speed craft law.
Reporting complaints and incidents:
Please use the following numbers of the Cyprus Tourism Organisation: Tel: weekdays 8am- 2.30pm: 24-653110 or 24-653113, weekends and outside office hours: Fax: 24-624110, or e-mail : [email protected] or send SMS at : 99-473926. In emergencies call Glafkos Cariolou at 99-473926.
n Glafkos Cariolou is CTO representative, Central Coastal Management Committee.
