53. Dr. Bennettasked the Minister of Transport and Civil Aviation to what extent he was consulted before the introduction in 1959 of a new code of yacht 122W racing rules which lays down rights of way at variance with those presented by the International Provisions for the Prevention of Collisions at sea; what was his policy; how far he is satisfied that the application of two contradictory codes in crowded waters is practicable; and which code establishes liability in the case of collisions within British territorial waters.
§ Mr. HayThe Ministry was not consulted. In our view it is most desirable that International Yacht Racing Rules and the International Collision Regulations should be in harmony.
The International Collision Regulations will be reviewed at an International Conference to be held in May, 1960, and we have at present under consideration a proposal from the Royal Yachting Association that they should be amended to accord with the yachting code. I cannot yet say what attitude the United Kingdom Government would adopt nor, of course, what the attitude of other Governments would be.
The question of liability is a matter for the courts, but I am advised that the Collision Regulations normally establish liability in collision cases. Different considerations might apply where the collision occurred between two yachts, which, upon a particular occasion or in particular circumstances, had agreed to observe the code of Yacht Racing Rules, and where no other vessel was involved.