| Most large yachts carry 'personal water-craft' (jet | | | | if they allow unqualified people (crew or charter |
| skis and wave riders) and many captains and | | | | guests) to drive them. We believe that this also |
| managers are very concerned about their safety and | | | | applies to normal boats, such as RIBs and Wave |
| the legal consequences of an accident. All maritime | | | | Runners, when used for recreational purposes. |
| administrations in the Mediterranean require operators | | | | 2. Duty of Care
 |
| to have a certificate. Strangely, in the United | | | | The European Union Directive on 'Duty of Care' has |
| Kingdom this is not the legal requirement (although | | | | been enacted in the laws of all EU member states. |
| local bye-laws now often insist on rider certification | | | | This places a very strict obligation upon the |
| and insurance companies will no longer insure | | | | managers of all organisations to ensure that all work |
| unqualified riders). This has led some managers and | | | | is carried out in as safe a manner as possible. |
| crew to assume that they do not therefore need to | | | | Accidents, injuries and fatalities caused by a failure in |
| worry about training for Personal Water Craft | | | | this duty of care can have very serious civil and |
| operators since many yachts carry a British flag. In | | | | criminal consequences. The UK may not require |
| cautioning you against such a view I would draw your | | | | licenses to operate small boats but the official |
| attention to two issues.

 | | | | governing body for recreational boating in the UK, the |
| 1. National Requirements for Licenses | | | | Royal Yachting Association (RYA), has created very |
| It is not at all clear that a Jet Ski can be considered | | | | clear and exacting standards for the operation of |
| as a 'tender' to a large British yacht and therefore | | | | recreational boats and for personal watercraft in |
| exempt from the need for qualifications. A 'tender' is | | | | particular. The RYA has even gone to the effort of |
| a ship's boat that works between the mother ship | | | | creating operating rules specifically for the use of |
| and the shore taking personnel and stores; it is not a | | | | PWCs from large yachts. For yachts to ignore such |
| recreational craft. It is not even clear in UK law at | | | | clearly expressed and targeted guidance would surely |
| the moment if a jet ski can even be considered as a | | | | be regarded as reckless by a court of law in the |
| 'vessel' in terms of maritime law. In our view, if a | | | | aftermath of an accident. |
| Coastal state's laws require PWC drivers to have a | | | | THE SOLUTION. |
| permit then a yacht is in contravention of those laws | | | | |