ABP AND THE PORT OF SOUTHAMPTON
This Document is divided into the following sections:
Structure of ABP
The Port of Southampton
Managerial Responsibilities
Limitation of Liability
Auditing and Reviewing Performance
Pilotage Directions
Incident Investigation Procedure
Navigation and Safety Regulations
Recreational Navigation
Mooring Operations
Structure of ABP
Associated British Ports (ABP), formerly the British Transport Docks Board (BTDB), is owned by Associated British Ports Holdings PLC, a company formed by the Secretary of State under Part II of the Transport Act, 1981.
ABP Harbour Authority is the Statutory and Competent Harbour Authority for the Port of Southampton as well as a number of other ports around the UK and is responsible for ensuring the safety of marine operations within its ports.ABP Holdings PLC appoints the directors of ABP, but has no power to direct them in respect of their powers and duties as a Harbour Authority.ABP derives its powers from legislation including the Harbours Docks and Piers (Clauses) Act 1847, Harbours Act 1964, the Pilotage Act 1987, Schedule 3, Transport Act 1981, the Docks Regulations 1988 and is the Duty Holder as specified in the Port Marine Safety Code.
ABP’s responsibilities also include the protection, regulation, maintenance and improvement of its Port and its approaches.The Harbour Master, appointed by ABP, is responsible for the day-to-day management and safety of all marine operations undertaken in the harbour.
Port of Southampton
The Port of Southampton provides berthing and handling facilities for a large range of commercial operations. Accordingly, a variety of vessels regularly call at the Port, these include cruise, container, tankers, bulk, roll on /roll off, aggregates and military support vessels.
Additionally, domestic ferries undertake frequent, regular voyages between the Port and the Isle of Wight.
A Vessel Traffic Services (VTS) system has been has been established by the Port to monitor and coordinate the safe movement of vessels throughout the Port’s pilotage area.
The Port’s VTS system covers the approaches to the Dockyard Port of Portsmouth and the Port of Cowes. By agreement with the Queen’s Harbour Master (QHM) Portsmouth, Southampton VTS provides VTS information to shipping in QHM’s Statutory Harbour Area.
Managerial Resposibilities
The Harbour Authority, as the duty holder, accepts the responsibility for ensuring that its duties and powers are discharged in accordance with the requirements of the Port Marine Safety Code.
The Chairman is accountable to the Harbour Authority for the operational and financial control of the Authority. The Chairman advises the Harbour Authority on all matters relating to its duties and powers, with appropriate advice from the Harbour Master and other officers. The Chairman oversees the implementation of the Harbour Authority’s policies and has overall executive responsibility for the safety of operations and staff.
- Port Director (Southampton)
The Port Director is responsible for:-
(i) The financial control of the Authority’s function in Southampton.
(ii) Implementation of the Board’s policies and decisions.
(iii) Overall safety of staff and operations in the Port.
- Designated Person
The Marine Advisor to ABP is the ‘Designated Person’ for all ABP Ports.
- Harbour Master
The Harbour Master is defined in Section 52 of the Harbours Docks and Piers Clauses Act, 1847 so as to include, in addition to the Harbour Master, his assistants. The expression includes any person authorised by the Harbour Authority to act in the capacity of Harbour Master.
The Southampton Harbour Master’s duties include:-
(i) The proper discharge of the Statutory duties of a Harbour Master.
(ii) The regulation of all vessel traffic and the safety of navigation within harbour limits.
(iii) Responsibility for the operation of Southampton VTS.
(iv) The formulation and implementation of emergency plans and procedures.
(v) The regulation of dangerous goods in transit.
(vi) The Health and Safety of Southampton Pilots.
(vii) The investigation of navigational incidents, as required.
(viii) Authorisation of Pilots and PEC holders.
(ix) Ensuring that bye-laws and general directions to navigation are kept under regular review.
(x) The timely promulgation of navigational and safety information to operational staff and to all harbour users.
Under the provisions of the Pilotage Act, 1987, ABP is a Competent Harbour Authority (CHA) for the provision of pilotage services in the Port of Southampton. This requires ABP to “keep under consideration” the pilotage services that need to be provided to secure the safe navigation of ships in the harbour and its approaches. The following aspects are subject to regular review:
· Whether pilotage should be compulsory, and if so, for what classes of ships.
· The qualifications and number of people to be authorised as pilots within its area of jurisdiction.
· The training and regulation of authorised pilots.
· The provision of pilot boats to the approved standard.
· The granting of ‘Pilotage Exemption Certificates’ to ‘bona fide’ Masters and/or First Officers of ships which regularly call at the Port.
· The charges to be levied for the provision of the Pilotage Service.
Statute law defines a pilot as ‘any person not belonging to a ship who has the conduct thereof’ but the pilot does not assume the role of the Master and the fact that a ship is being navigated in an area that requires compulsory pilotage shall not affect any liability of the owner or Master for any loss or damage caused by the ship or by the manner in which it is being navigated.
Limitation of Liability
A Harbour Authority’s liability is governed by section 191 of the Merchant Shipping Act 1995, and by section 22 of the Pilotage Act 1987. Neither entitles a person to limit their liability if it is proved that the loss resulted from their personal acts or omission, committed with the intent to cause such a loss, or recklessly and with the knowledge that such loss would probably be the result.
There is a limitation of liability in the charge of pilot’s negligence. Currently this is £1000 plus the pilotage fee for the voyage in question. For a CHA the amount is £1000 multiplied by the number of Pilots authorised for that district.
Auditing & Reviewing Performance
In considering the safe operation and management of the harbour the Harbour Authority will monitor and review its performance against a number of predetermined indicators. The results of such reviews will be recorded and, where appropriate, information will be made available to users and other interested parties.
Pilot Directions
This document provides information to the Port’s stakeholders on the area for which compulsory pilotage is required and the vessels to which it applies. It explains who may apply for a Pilotage Exemption Certificate (PEC) and what is involved in such an application. It also gives the location of pilot boarding points and details of the notice requirements for arrivals and departures.
Each Pilot is directly responsible to the Harbour Authority for the provision of pilotage and related services concerned with the safe movement of vessels in the compulsory pilotage area.While carrying out these duties the Pilot will conduct himself in accordance with the Port of Southampton’s Operations Manual.
The Code of Conduct for Southampton Pilots is recognised by the Harbour Authority as the code by which it requires its pilots to perform their duties and is incorporated into the Pilotage Agreement.
Incident Investigation Procedure
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Following an incident involving a collision, grounding, close-quarter situation or any other reportable incident within the Southampton CHA area, the pilot(s) or PEC holder concerned must submit a Pilotage Incident Form (PIR.1), together with any supporting evidence, to the Harbour Master Southampton within 24 hours.This requirement also applies to PEC holders.
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In the event of an incident which could call into question the capability of a pilot under Section 3(5) of the Pilotage Act 1987, the Deputy Harbour Master will, on an informal basis, investigate the circumstances, collect reports, statements and other evidence, and report the facts with a recommendation to the Harbour Master.The Deputy Harbour Master will invite the Principal Pilot or his deputy to be fully involved in this process.
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The Harbour Master will, on receipt of this report, advise the Pilot in writing if no action is to be taken against him.The Harbour Master may alternatively advise the pilot that he is considering recording the incident which may then, for a specific period of time, be taken into account when considering any subsequent incident involving the pilot.In that event the pilot will be offered the opportunity of a personal interview prior to any such decision being finally taken.
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If the CHA considers there may be a case for suspension or revocation of authorisation, the Harbour Master will advise the pilot in writing, giving him the opportunity to present evidence in support of his actions in person to the Harbour Master at a formal inquiry. The pilot may, if he wishes, be accompanied by some person(s) of his choice to speak on his behalf, and may produce other witnesses or statements of fact.
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At the formal inquiry the Harbour Master may seek additional evidence from witnesses and will seek professional advice from a senior pilot or other person(s) as appropriate.
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Having considered the facts, including representation by the pilot concerned, the CHA will decide what action is to be taken with regard to the pilot’s authorisation.The pilot will then be advised in writing of this decision.Alternatively, the Harbour Master may advise the pilot that the incident may, for a specific period of time, be taken into account when considering any subsequent incident, or will advise the pilot that no action will be taken.
If it appears to the CHA that the pilot concerned has been guilty of incompetence or misconduct affecting his capability as a pilot, the pilot’s authorisation may be suspended or revoked.Notice of this intention shall be conveyed to the pilot in writing giving the reasons for the decision.The pilot will then have the opportunity to make representation to the Port Director.A request for representation must be made, in writing, within seven days of the date of the notice of intention.Such representation will be heard as soon as possible.A similar procedure will apply to pilotage exemption certificate holders.
Navigation & Safety Regulations
ABP is the Statutory Dock and Local Lighthouse Authority for Southampton. In these capacities it is directed by Acts of Parliament and answerable to Parliament. Should it exceed its powers or fail in its duty it is subject (as a Statutory Authority) to the full range of review procedures.
Following the reorganisation of pilotage in the UK under the Pilotage Act 1987, ABP became the CHA responsible for providing pilotage services in its statutory harbour and approaches. This Act, together with the Southampton (Pilotage) Harbour Revision Order 1988 empowers ABP to direct compulsory pilotage within its statutory harbour area and in the southern and eastern added areas.
Harbour Authority Powers
The Southampton Harbour Authority’s powers derive from the following legislation:
Harbours, Docks and Piers Clauses Act 1847 Southampton Harbour Act 1939,. Section 12
Southampton Harbour Act 1949
British Transport Docks Act 1964
A Harbour Authority will have a number of powers designed to regulate areas of marine activity, some of these powers will be supported by bye-laws. Under the 1939 Southampton Harbour Act Section 12 the Board and the Harbour Master have the ability to give general directions to vessels.
In considering the role of the Harbour Master the Harbours Docks and Piers Clauses Act, 1847, states:
‘’The expression ’The Harbour Master’ shall mean, with reference to any such Harbour, the Harbour Master and with reference to any such Dock, the Dock Master, and with reference to any such Pier, the Pier Master, respectively appointed by virtue of this or the Special Act, and with respect to all Acts authorised or required to be done by such Harbour Master, Dock Master, or Pier Master, shall include the Assistants or every such Harbour Master, Dock Master or Pier Master.”
Therefore, authorised Harbour Master’s Assistants may exercise the powers of the Harbour Master. At the Port of Southampton, the following are designated as authorised assistants to the Harbour Master for the purposes of the Harbour Docks and Pier Clauses Act, 1847,:
Deputy Harbour Master
VTS Manager
Assistant Harbour Master
VTS Officers (5)
The principal responsibility for navigational safety lies with the Harbour Master who, by virtue of section 52 of the Harbours, Docks and Pier Clauses Act 1847, amplified as necessary in local Orders, is empowered to regulate shipping. For the purposes of this document, the most important aspect is the power to give direction. Section 52 details the Harbour Master’s statutory powers, namely:
‘’The Harbour Master may give directions for all or any of the following purposes; For regulating the time at which and the manner in which any vessel shall enter into, go out of, or lie in or at the harbour, dock or pier, and within prescribed limits, if any, and its position, mooring or unmooring, placing and removing, whilst therein For regulating the position in which any vessel shall take in or land its passengers, or shall take in or deliver ballast within or on the Harbour, Dock or Pier. For regulating the manner in which any vessel entering the harbour or Dock or coming to the Pier shall be dismantled, as well for the safety of such vessel as for preventing injury to other vessels and to the Harbour, Dock or Pier, and the moorings thereof. For removing unserviceable vessels or other obstructions from the harbour, dock or pier and keeping the same clear For regulating the quantity of ballast or dead weight in the hold which each vessel in or at the Harbours, Dock or Pier shall have during the delivery of her cargo, or after having discharged the same. Provided always, that nothing in this or the Special Act contained shall authorise the Harbour Master to do or cause to be done any Act in any way repugnant to or inconsistent with any law relating to the customs, or any regulations of the commissioners of Her Majesty’s Customs’’
It is this Power of Direction that enables a Harbour Master to regulate the movement of Harbour traffic to minimise risk of collision, and ensure the safe and timely movement of all vessels within his area of jurisdiction and responsibility.
(i) Southampton Harbour Bye-Laws 2003
ABP’s Port of Southampton in exercising of the powers conferred on it by section 83 of the Harbours, Docks and Piers Clauses Act, 1847, and by section 52 of the British Transport Docks Act, 1964, is able to, and has made, bye-laws enabling it to enforce rules that it considers necessary to protect and maintain safety in the port.
The bye-laws are divided into various parts, namely:
Preliminary, including definitions used with the bye-laws
Navigation of vessels
Mooring and management of vessels
Fire precautions and conduct of persons in port
Penalty for contravention of bye-laws, responsibility and defence
Revocation of bye-laws
(ii) Local Notices to Mariners
Local Notices to Mariners are issued from time to time by the Harbour Master, advising mariners operating within the area of jurisdiction of the port of changes that have taken, or are likely to take, place and which may affect the safety of navigation (i.e., buoyage, amendments to advertised depths, wrecks, obstructions and implementation of new guidelines, etc.). Temporary Notices indicated by the letter (T) following the number of the Notice, are those that may affect the safety of navigation occurring between specified dates and or times. (e.g., dredging operations, navigational aids out of position or inoperative and recreational events).
Any notice which implies a Harbour Master’s Direction, applicable within the Port of Southampton, is authorised pursuant to section 52 of the Harbours, Docks and Piers Clauses Act 1847, Southampton Harbour Act 1939 (section 12) and the Southampton Harbour bye-laws.
The Authority will monitor and, where appropriate, actively enforce, compliance with the bye-laws and directions. It should be noted that an apparent contravention of such bye-laws or directions may result in the prosecution of the offender.
(iii) Port Users Information and Navigational Guidelines, incorporating Towage Guidelines
The information contained in these guidelines is intended to bring to the attention of Port users the requirements considered by the Harbour Master for him to regulate traffic movements safely in the Solent, Southampton Water and Rivers Itchen and Test by commercial vessels (and to comply with local rules and national legislation). The Port of Southampton Harbour bye-laws are published in a separate booklet and are used in conjunction with these guidelines.
The Guidelines provide information, advice and recommendations dealing with the following subjects.
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Action required by shipowners, shipping agents and berth operators (related to the proposed movement of their vessels).
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Liaison between owner/agent and master of vessel (related to Local Notices to Mariners in force).
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The movement of inward-bound large vessels and VLCCs
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Co-ordination of movements of large vessels arriving at Hook Buoy and movement of vessels leaving Southampton Docks.
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Passing points for container vessels in Southampton Water.
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Berthing and manoeuvring limitations in adverse weather.
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Co-ordination of movements of container vessels and other large vessels inward bound.
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The use of Bury Swinging ground for holding Panamax and large container vessels when carrying a choice pilot.
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Guidelines for towage and berth limitations – Rivers Test and Itchen.
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Dry dock dimensions.
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Overhead bridge clearances.
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Pilotage arrangements for the Port of Southampton.
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Vessel movements and reporting procedure.
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Southampton VTS VHF R/T communication schedule.
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Advance notice of entry of dangerous substances into the Port of Southampton.
(iv) Towage Guidelines
These guidelines shall be applied when using tugs with minimum bollard pull of 18 tonnes per tug. Where reductions on account of thrusters indicate a requirement of one tug then one omni-directional ‘tractor’ type tug with a bollard pull in excess of 30 tonnes must be employed. If tugs are to be used which do not comply with the above criteria, additional tugs may be required after consultation with the liaison pilot and the towing company’s representatives.
The recommended number of tugs to be used will be determined by vessel draught, wind and tidal conditions, disposition of other vessels and Port infrastructure and where agreement exists between Pilot, individual company and Harbour Master.
A bow or stern thruster which is in good working order and producing its designed output in proper proportion to the vessel’s size may, in certain circumstances, be considered as equivalent to one tug.
The guidelines may be altered when unfavourable weather and/or tidal conditions exist, or the efficiency of the ship’s equipment or her handling characteristics is in doubt. In these cases additional tugs may be used at the discretion of the Master, Liaison Pilot or Harbour Master.
The recommended number of tugs to be used, applicable to berths 20 to 207, are found within the guidelines.
Independent towage companies provide towage requirements for the Port of Southampton as detailed below:
Fawley Oil Terminal: Solent Towage.
All other port areas: Adsteam Towage Ltd who are managed and operated from Towage Control Centre, and Itchen Marine.
Any towage incidents are reported and recorded by the pilot and/or VTS Officer through the Risk Assessment Reporting procedures.
Towage liaison meetings are held bi-annually between the relevant towage companies operating in the SHA’s area.
Appropriate Towage Guidelines are provided for the use of tugs, including recommendations on the number of tugs required where appropriate.
Recreational Navigation
Good management, use of appropriate powers and consultation are all needed to strike a balance between the recreational and commercial use of the port.
Recreational navigation in the Solent includes a wide range of differing activities and craft types, ranging from power boats, cabin cruisers, yachts, sailing dinghies, rowing sculls, canoes, personal watercraft, and water-ski boats.
A risk assessment is likely to identify potential conflicts between commercial and recreational users. Many of these conflicts will be managed by arranging some form of segregation bearing in mind the Authority’s powers to regulate the right of navigation.
The bye-laws will provide the main formal statutory mechanism for managing recreational navigation.
Designated ‘zones’ for water-skiing are marked on the appropriate Admiralty Chart.
Recreational event organisers should consult with the Harbour Master at the earliest opportunity. Moreover, formal approval should only be given in the light of a proper risk assessment to be conducted by the event organiser. Before approving the event the Harbour Master should be satisfied that any risk to navigation or other port users has been effectively mitigated.
Any requirement for additional Harbour Authority resources, be they additional navigational marks or craft to patrol, control or escort the event, would normally be made available at the expense of the event organiser.
Having conducted a risk assessment and following any advice or requirement of the Harbour Master, the event organiser is required to promulgate clear details of the event, including where appropriate:
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Names of event organisers and officials
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List of participants
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List of authorities consulted
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Timetable and programme of events
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Arrangements for controlling the event, including any special communication.
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Any navigational constraints being imposed, such as restricted areas, or partial port closures.
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Emergency arrangements.
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Media arrangements.
Depending on the scope of the event, it may also be appropriate to publish the full risk assessment and associated mitigating measures.
In order that the co-operation of recreational users is best assured the Harbour Authority will regularly consult with them. To this end the Harbour Authority will make available to all users of the port published material of relevance to the safety of navigation, including the following:
The above information will be promulgated by direct provision to local sailing and boating clubs as well as to individuals, if necessary.
The website will greatly assist the recreational user of the port. The site includes updated shipping movements, Notices to Mariners and tidal forecasts.
The port is represented on the Solent Cruising and Racing Association’s committee which co-ordinates the annual race activities of the majority of the yacht clubs throughout the Solent.This ensures that events, which may cause a potential conflict between commercial and leisure users of the port, are properly planned and assessed.
The port will endeavour to continue regular dialogue with recreational users through liaison meetings and participation in working groups and committees. Favourable consideration will also be given to officers of the port giving talks to groups from the local community on port operations and navigational safety issues.
Mooring Operations
Independent contractors acting on behalf of the berth operator and/or shipowner carry out the mooring of ships within the Port of Southampton.
The location of the vessel-mooring operation is, as far as is reasonably practicable, supervised by the ABP Berthing Officer.
Any mooring-operation deficiencies are reported and recorded by the pilot and- /or berthing officer through the Risk Assessment Reporting procedures.
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