Do COLREGs apply to jet skis?

The COLREGs define a “vessel” as “every description of watercraft… used or capable of being used as a means of transportation on water.” Despite this, a notable anomaly existed in the UK’s regulations, limiting the application of COLREGs to a “ship” under the Merchant Shipping Act 1995 (MSA 95).

This discrepancy led to a significant and somewhat paradoxical judgment in the 2005 case of R v. Goodwin, where it was ruled that a jet ski does not qualify as a “ship,” resulting in the exclusion of similar craft from the application of COLREGs.

To address this, the Maritime and Coastguard Agency (MCA) have recently issued MSN 1781 Amendment 3, introduced by The Merchant Shipping (Watercraft) Order 2023. In essence, this Order amends MSA 95 to broaden the definition of “ship” to encompass “watercraft”, explicitly including jet skis.

Apart from rectifying this loophole, the amendments cover registration and safe use provisions. The release of MSN 1781 Amendment 3 thus signifies the resolution of a longstanding inconsistency, ensuring that jet skis and similar watercraft are now unequivocally subject to the COLREGs. The recent amendments have effectively closed a regulatory gap that should never have existed.

The conclusive response to “Do the COLREGs apply to jet skis?” is now a resounding YES!