The waters off the Daedalus slipway at Lee-on-the-Solent, Gosport are extremely popular with jet-skiers. It is here that the Queens Harbour Master (QHM) and partnering agencies have, some distance from the shore and away from swimmers, a clearly designated and unrestricted speed area for jet-skis to use. Outside of the designated area, a speed limit of 10 knots applies.
The majority of jet-skiers operate their craft safely within the designated area and act responsibly, observing the rules. Sadly that was not the case when Mr Cronin of Walnutt Close, Bicester, launched his craft from Daedalus slipway on 07/07/13. A member of the public was close to the shack café at Hill Head beach with family and friends when he saw the jet-ski travelling west to east, close to the shore , at very high speeds travelling at between 35 and 40 knots and was no more than an arm’s length from adults and children swimming in the water. It was then the member of the public called 999.
PC Gransden from the police marine unit, who responded to the call, was confident the jet-ski was the same jet-ski that he and two colleagues had observed travelling well in excess of the 10 knot speed limit and also very close to canoeists and swimmers using the water. After several attempts to get the users’ attention he eventually attempted to go alongside the police boat and instead collided with it. When questions Mr Cronin admitted travelling faster than the speed limit.
The speed limit is there to reduce the risk of a serious injury or fatality in waters popular with swimmers and there is also a licensing requirement for jet skiers using the water to ensure they have insurance to operate the craft in order that should there be an accident, the driver can provide compensation to any injured party.
The Queens Harbour Master, Commander Nigel Hare RN, confirmed that they had not issued a licence to the defendant to operate a jet-ski in the waters covered by the Dockyard Port area. He went on to add “This prosecution is the result of close co-operation between my organisation, Hampshire Police and Gosport Borough Council and shows intent to enforce the Dockyard Port Act and the regulations placed there to promote the safe and responsible operation of personal water craft in the Solent. I recognise there are many people that use personal water craft responsibly and that is why we have created the zones for their use. But those that decide to put themselves or others at risk need to understand that they run the risk of prosecution. If any members of the public witness dangerous activities on the water they are encouraged to call the Ministry of Defence Police Unit which is manned 24 hours a day on Tel: (023) 9272 2707. Alternatively contact Hampshire Police on 101.”
On 31/10/2013 Mr Cronin failed to appear at Fareham Magistrates Court. The Magistrates found Cronin guilty in his absence of two offences both, contrary to the Dockyard Port of Portsmouth Order 2005, namely of operating a jet-ski in the dockyard port area without the requisite QHM licence and at a speed in excess of the 10 knots speed limit. He was found guilty of both offences and fined £500 (£250 per offence). He was also ordered to pay a victim surcharge of £50 and a contribution of £100 to prosecution costs.
The Chairman of the bench said that they had imposed an unusually high fine because there were aggravating features, namely he had put the lives of swimmers (including children) at risk, he had not been in proper control of the craft (which was apparent when trying to come alongside the police vessel), and he had a blatant disregard of the regulations.