Dear Members of Middle Harbour Yacht Club,

While this communication is directed mainly at the Club’s racing fleet, the exclusion zones applied by NSW RMS apply to all yachts using Sydney Harbour, not just yachts racing.

In the last 12 months there have been three on water incidents that have led to a formal response from RMS to MHYC.

All 3 incidents relate to sailing inside Exclusion Zones by MHYC yachts.

Two incidents, the most recent on 31 October 2013, involved our yachts sailing well inside the 500 metre Exclusion Zone from the bow of a ship. This matter is being investigated by RMS so details cannot be discussed at this point.

At all Skippers Briefings for the last 3 years we have had representatives from Roads and Maritime Services who were present to brief the skippers on this and other matters relating to our Club and the harbour.

There should be no doubt in the mind of the skippers about their responsibilities in relation to ships and ferries. In addition this is specifically covered in our Aquatic Licence issued by RMS which states, in Condition 100:

Additional Conditions Sailing Events.

• All competitors MUST maintain a minimum distance of 500M from the bow of any ship and 200M from the bow of any ferry and no less than 30M from the side / stern of any ship or ferry under way.

• The Aquatic Licensee must ensure that all competitors receive a briefing in relation to the requirement to keep clear of ships and ferries.

Ships are defined under this section as “Oil tankers & Seagoing Cruise Ships” and ferries are defined as “Other seagoing Commercial Vessels such as the ‘James Craig’ or a ferry operating in accordance with an approved timetable”.

500 metres is a longer distance than most skippers realise. As an example, the distance from the Junction Bell buoy to the inside of South Head is approximately 500 metres that is half the width of the harbour at that point. Please see attached pictures.

Some of the remedies available to RMS having received a complaint from a ship’s captain, a pilot or a ferry captain are to fine the ‘Master’ of the offending yacht, to fine the holder of the Aquatic Licence (MHYC) and, in the case of repeated offences, revoke the Clubs ‘Aquatic Licence’.

All commercial shipping and ferries carry video and thermal cameras that record all incidents so there can be very little doubt who the offender is and what they have done.
MHYC for this season amended our Sailing Instructions to provide for the following;

24.5 In part states,

“A boat against which a complaint is received within 48 hours from NSW Roads &Maritime Services or Sydney Ports Corporation for failing to observe the required distance from a ship or ferry and who fails to promptly retire may be scored DSQ without a hearing. (This amends RRS 63.1).”

By holding skippers briefings and inviting RMS to participate in them and including material in the club’s Sailing Handbook your club has done everything in its power to comply with the requirements of our Aquatic Licence.

It is a condition of sailing at MHYC that all skippers comply with the requirements as failure to comply puts you at risk of fines starting at $500 and go to $1,500 for an individual. Fines for an Aquatic Licence holder (MHYC) start at $1,500. Additionally it puts the clubs Aquatic Licence at risk. The result could be to curtail our sailing activities or in the worst case have our Aquatic Licence revoked.

Your Flag Officers and Racing Committee strongly seek the cooperation of all members, whether engaged in racing or cruising on Sydney Harbour, and especially the Skippers/ Person in Charge to ensure that there are no further incidents.

Regards,

John McCuaig,        Michael Gallagher,
Commodore            Club Captain

Phil Clinton,                        Colin Pitstock,
Vice Commodore – Racing   Vice Commodore – Cruising

John Sturrock,
Rear Commodore