Rules and Conditions Governing TAYPORT HARBOUR TRUST LTD (To be used in conjunction with the Memorandum and Articles of Association)
Current at January 2016
Tayport Harbour Trust Ltd (THT) is a Company registered as a Scottish Charity and is governed by Members through a Board of Directors appointed to oversee the operation, safety and wellbeing of the Trust.
These Rules and Conditions, approved by the Members of the Trust, exist for the safe operation and use of the Harbour, and all Members, Visitors and their guests are bound by them.
Please read this document carefully and should any element be unclear, ask a Board Member for clarification. Confirmation of acceptance of this document is a condition of Membership and Visitor status.
1. Behavioural Code of Conduct:
a. The onus for safe operation, security and wellbeing of the Harbour is on all who use it, not only for themselves but also for others, and the following are examples, indicative and not exhaustive, of the normal expected Codes of Conduct:
Respectful behaviour and courtesy to each other.
Respect for THT and others’ property and facilities.
Care not to damage THT and others’ facilities and property.
Avoidance of obstruction of others’ activities or Harbour works.
Care in driving, not exceeding 5 mph especially on entering and exiting through the gates, parking and manoeuvring of vehicles on all THT property.
Children, while in the Harbour, remain the responsibility of parents or guardians in terms of behaviour and safety.
Controlling the presence and behaviour of dogs and removing any fouling.
b. Every effort is made to ensure that the Harbour is as safe and secure as is reasonably possible and as such:
Persons using any part of the Harbour, land and facilities belonging to THT do so at their own risk
THT will not be liable whether in contract or otherwise, for any loss, theft, or any damage of whatsoever nature caused to any vessel or vehicle or other property of the owner or any other person claiming through the owner.
c. Maintaining dues at a minimum level can only be achieved if work normally contracted out to commercial operations in other harbours, is carried out by volunteers wherever possible and practical. Therefore, it is not considered unreasonable for all users to contribute some time to maintaining the wellbeing of the harbour according to their capability and availability.
2. Health , Safety and Environment
Health and Safety is of uppermost importance at all times. Anyone using the Harbour or its equipment is responsible for their own safety and the safety of their guests and other users. The following are some points from a longer list that need to be respected in accordance with THT Health and Safety document:
The Berthing Officer or a Board Member needs to be informed of any incident where injury or damage occurs to persons or property, and an entry must be made in the THT Accident Book, recording details and witnesses. In the event that the Accident Book is not immediately available, any individual may make the necessary written report, and this will be entered into the Accident Book at the earliest opportunity.
On payment of berthing dues, Members and Visitors must understand, sign and return the THT Health and Safety document to the Berthing Officer.
Duty of care, common sense and good practice must apply at all times in particular with regard to:
Transiting the pontoons, especially in wet conditions.
Negotiating fixed or movable ladders where three point contact is essential.
Carrying of loads up or down ladders, or pontoon ramps, in a manner appropriate to the capability of the individual as well as the size, shape and weight of load.
Ensuring that emergency vehicle access is kept clear for the full length of the Harbour North wall.
Disposing of rubbish and waste in skip provided or taken home, and if hazardous, taken to appropriate waste disposal facilities. This includes sweeping up and disposal of paint and antifoul scrapings.
Ensuring your boat is equipped with appropriate fire extinguishing equipment
Be aware of location of rescue poles, safety rings, pontoon ladders and ladders on boats for use in the case of someone falling into the harbour.
d. Contractors being brought into the Harbour by the Board to work on the Harbour facilities, or by Members or Visitors to work on their boats, must have the appropriate insurance and safety documentation for the work to be carried out, and make these available on request to a Board member and/or owner. Contractors should also be given a copy of THT’s health and safety document.
e. Vehicular access will not be permitted during craning operations within the Harbour. All vehicles must be removed from the Harbour before craning operations begin.
f. Unsafe boats/equipment which, in the opinion of the Board, present an urgent and immediate danger or hazard, may be made safe without the owner’s consent, and any cost incurred will be billed to the owner.
g. Electrical cables from power boxes to boats, or for any other use, must be laid so as not to present a tripping hazard or safety risk. All electrical cables must be completely removed at dusk and, if still required, be re-laid again the following day, from the closest power point available.
3. Berthing Regulations
Each boat in the Harbour will have an individual who is recognised by the Board as the 'designated owner'.
The designated owner is responsible at all times for ensuring:
His/her boat is properly and effectively moored.
Ropes, chains and boat mooring fittings are of such design and strength, that there is no reasonable possibility of damage occurring to the boat on which they are being used, the pontoons, Harbour fittings or to any other boat. If in doubt, ask for advice and guidance.
A sufficient number of fenders which are adequate for the size of the boat.
When berthing or leaving, the boat is fended off from other boats, the pontoons or the quay.
c. When within the Harbour waters and its approaches:
A speed limit of 3 knots over the ground applies to boats entering, leaving or manoeuvring within the Harbour and its approaches.
Boats are not permitted to enter or leave the harbour under sail or anchor within the Harbour area unless authorised by the Board, except in the case of engine failure or an emergency.
The skipper of a boat moving from its mooring, or pontoon berth, will ensure that the moorings of any other boat disturbed in the process are made safe.
The skipper of a boat needs to check that all halyards are well frapped in order to ensure minimum noise inconvenience to local residents, including when on the Harbour hard.
Care must be taken to avoid spillage of diesel and oil while refuelling and pumping out bilges. Any fuelling must comply with THT conditions set out in the Re-fuelling document. Significant spillages of oil and diesel need to be reported to the Board and SEPA (Scottish Environmental Protection Agency).
Flushing sewage is not permitted.
d. THT requires that all boats carry at least third party insurance, with a cover of at least £2,000,000
e. Boats and equipment will not be permitted to become abandoned or unsafe in the Harbour or its environs, and the owners of any found to be so will be required to make the boat safe immediately or to remove it from the Harbour. Failure to act will lead to disciplinary action. Also see rules 2.f reference unsafe boats/equipment and 6.4 failure to remove vessel.
f. Living aboard a vessel in the Harbour is only permitted for leisure purposes and not as a temporary home or permanent residence.
4. Allocation and Management of Berths
Berths or facilities as allocated by the Berthing Officer do not constitute a residential contract. The Board reserves the right to refuse the use of berths or facilities except in the case of safe refuge.
Permanent berths for boats in excess of 45 feet, or for multi-hulls, will not be available.
Members will be allocated a berth at Tayport Harbour for the duration of the year for which dues have been paid. Visitors will be allocated a berth for the duration of that part of the year for which dues have been paid.
Berths are allocated for a maximum period of one year for Members and six months for Visitors, and the allocation is reviewed regularly to meet the requirements of the THT.
Berths may be changed from time to time by the Berthing Officer acting on behalf of the Board.
Wall berths may be multiple banked as directed by the Berthing Officer.
Boat owners are not allowed to change their allocated berth without the permission of the Berthing Officer.
Any craning, irrespective of whether it is one boat or a craning list, must comply with conditions set out in the THT craning document, and owners must sign a copy of this document on every occasion. The documents to be collected by the crane organiser who will pass them to the Board to keep as a record by THT until the next crane out, unless there has been an incident during craning relating to the document.
Any movement of boats into or out of the water is subject to the prior approval of the Berthing Officer, and the parking of trailers and cradles, and the retention of cradles on Harbour property is subject to the prior approval of the Bosun, and the Board kept informed of all movements.
Vacated berths will be used at the discretion of the Berthing Officer to maximise THT income.
Owners of boats leaving the Harbour for a week should notify the Berthing Officer of their intention, so that thefts of boats may be acted upon quickly and maximum accommodation may be provided for visiting boats.
The Board must be informed if a Member or Visitor sells his/her boat.
The selling of a boat will not result in the transfer of its allocated berth to the boat's new owner.
A Member, having sold their boat, may retain their berth on written application to the Board and at the Board’s discretion for a period of one year. This on the understanding that four weeks notice is required to re-occupy a berth. For the yearly period, payment of the berthing dues for a 20 foot boat is required. At the discretion of the Board, an extension of one year may be granted.
A Visitor, having sold their boat, may retain their berth on written application to the Board and at the Board’s discretion for a period of six months. This is on the understanding that four weeks’ notice is required to re-occupy a berth. For the six monthly period, payment of the berthing dues for a 20 foot boat is required. At the discretion of the Board, an extension of six months may be granted.
In the event of a designated owner wishing to change his/her boat, berthing facilities will not automatically be available for a boat of different design or dimensions. Applications for a different boat must be made in writing to the Board prior to purchase confirmation.
Berths cannot be sub-let.
No tender will be allocated a berth and must be kept on board or ashore. In exceptional circumstances, permission may be granted by the Berthing Officer to keep a tender afloat for a limited period.
Any boat owner wishing to use the slip must request permission from the Berthing Officer in advance, unless needed for emergency purposes. More than one boat may use the slip at one time with the permission of the Berthing officer and the agreement of skippers.
A Member or Visitor, who has for whatever reason, moored his or her boat in a berth which has not been allocated by the Berthing Officer to the vessel, must move the boat to its allocated berth within two tides.
5. Membership & Partnerships
The Harbour is made up of Members and Visitors. Currently, the number of Members is limited to 60 who gain eligibility for Membership during their period as Visitors. They carry a limited liability for the debts of the harbour (max £1); have responsibilities and obligations for the harbour, its running and maintenance; have voting rights in key harbour decision; are responsible for voting in the dismissal of Members who have not respected rules and conditions; are responsible for voting in and holding the Trust’s Board to account and have eligibility to Board membership.
Becoming a Member is a privilege dependent in part on the position of a Visitor on the visitor to member list and the approval of the Board.
When a partnership is formed between two or more Members, then only one will be recognised as the "designated owner" of the vessel, and the vessel will be recognised as one Member vessel. The remaining partners will continue their Member’s status paying their share of the partnership dues, but should the partnership dissolve, they relinquish their right to an immediate berth and have to wait till a berth becomes available should they revert to owning a boat on their own. Membership is based on being a full or part boat owner.
When the partnership is formed between a Member of THT and one or more persons who are not Members, then the Member will continue to be recognised as the "designated owner" for a period of at least three years (unless there are extraordinary circumstances agreed by the Board for this period to be reduced) and the other partners will have no Membership rights.
In the case where a Member who is the designated owner in a partnership, leaves the partnership for whatever reason, and another non-Member partner becomes the new designated owner, the berth may be retained subject to the above condition of three years being respected, but the new designated owner is appointed as a Visitor, pays Visitor’s dues and is placed on the list of Visitors to Members at the position relating to the date when he/she was registered as a partner or if previously a boat owning Visitor, the date he/she joined the harbour as such.
When a Visitor’s boat is first admitted to the Harbour, the Board will recognise the "designated owner" as one person chosen by and from the partners in the boat. If the designated owner leaves the partnership then the Board will recognise the new one chosen by the partners.
The Board requires, in all three cases above, that the compulsory third party boat insurance should always be in the names of all partners and, for security reasons, it should be informed by the "designated owner" of the names and addresses of all partners. All partnerships need to be formally registered with all names and dates when the partnership was formed and when individuals joined the partnership. Only active sailors can be recognised as partners
The designated owner is held responsible for ensuring that all rules and conditions are adhered to by the partnership and by individuals within the partnership.
6. Failure to Respect Rules and Conditions
The Rules and Conditions provide a framework of what is expected, and what needs to be respected in terms of: behavioural code of conduct, health and safety, conditions of being a Member or Visitor to the Harbour, and as such, cannot cover everything that may be considered acceptable or unacceptable.
The Rules and Conditions are designed for the wellbeing of all, however, there are processes and penalties for dealing with non-adherence (see below).
The Trust has the right (without prejudice to any other rights in respect of breaches of these Rules and Conditions, by the Members or Visitor) to terminate the Member’s status or Visitor's agreement, or such disciplinary action considered appropriate, in the following manner in the event of any breach by the Member or Visitor of these Rules and Conditions. This includes any failure by the Member or Visitor to make payment due to THT.
1. In the circumstances where an individual carries out a proven act of gross misconduct such as theft, deliberate injury to a person or deliberate damage to property within the boundaries of the THT and its activities:
a. A Member will be called before a General Meeting of THT for the purpose of considering an Extraordinary Resolution for the expulsion of such Member, and on such Extraordinary Resolution being passed, the name of such Member shall be removed from the Register of Members, and he/she will thereupon cease to be a Member.
b. A Visitor will have his/her agreement terminated by the Board.
2. In the case where an individual breaches a Rule or Condition and has received two verbal, followed by one written warning, agreed and recorded by the Board, to cease and/or remedy such breach:
a. A Member will be called before a General Meeting for a majority decision by Members present as to what action should be taken. This action can vary from suspension of membership for up to one year to expulsion, recommended by the Board. In the case of suspension, the member will pay dues at a visitor’s rate for the duration of the suspension. A Member may also be called to a General Meeting following legal action to recoup outstanding payments to THT.
b. A Visitor will have his/her agreement terminated by the Board.A Visitor may also be called to a meeting with the Board following non-payment of monies owed to THT.
3. In the case of non-payment of dues within the specified deadline, the Board may serve notice on the Member or Visitor specifying the failure to pay and requiring him/her to pay the amount due within 14 days. Failure to pay will automatically lead to the sum owing being passed to a collection agency followed by legal action if necessary. Any expenses incurred through this process will be charged to the Member or Visitor.
The Board has the right to raise a general lien upon any vessel and/or other equipment belonging to a Member or Visitor while in or on THT property, or afloat at any of the berths in the Harbour. The general lien will remain until any money due to the Trust in respect of the vessel and/or other property, on account of storage or berthing charges, or other dues, work done or otherwise is paid. In the case where there is no response from the owner after every effort reasonably possible has been made to his/her last known address, the Board shall be entitled upon giving three month’s notice in writing to his/her last known address shown in the register of owners, to sell the boat and to deduct any monies due to THT from the net proceeds of sale before accounting for the balance (if any) to the owner.
Alternatively, any boat which, in the opinion of the Board cannot be sold, may upon such notice as aforesaid, be disposed of in any reasonable manner the Board may think fit and the disposal expenses and monies owed recovered from the owner or from the disposal process if any.
4. Following termination of Member status or Visitor’s agreement, an expiry deadline of 28 days will be given for the Member or Visitor to remove their vessel and all other property from the Harbour. The Board shall refund to the Member or Visitor the unexpired portion of their berthing dues subject to the right of set-off in respect of any damage suffered by THT and/or other monies owing as a result of any of the matters giving the Board the right to terminate the Member status or Visitor agreement.
When no termination date has been agreed in writing between the parties, the Board or the Member/Visitor may terminate the Member status or Visitor agreement by giving the other 28 days’ notice of such termination, at the expiration of which the Member or Visitor must remove the boat and all other property from the Harbour. If the Member or Visitor fails to remove the vessel on termination of the Member status or Visitor agreement under this condition or otherwise, the Board shall be entitled to:-
Charge the Member or Visitor with the dues which would have been payable by the Member or Visitor to THT if the Member status or Visitor agreement had not been terminated for the period between the termination and the removal of the boat and all property from the Harbour. At the Member’s or Visitor's own risk (save in respect of loss or damage caused by the Board's negligence during such a removal) to remove the boat and all property from the Harbour and thereupon secure it elsewhere and charge the Member or Visitor with all the costs arising out of such a removal, including alternative berthing dues.
Any person not complying with Harbour Rules and Conditions will be required to leave the Harbour area.
THT Board reserves the right to alter or amend the Rules and Conditions relating to the Harbour, and such changes will be approved or otherwise by Members present or by proxy at the next General Meeting or AGM of the Members prior to implementation.