MOORING COMMITTEE REGULATIONS

Amended 16 September 2011

CONTENTS

1.        DEFINITIONS

2.        APPLICATION FOR ALLOCATION OF MOORINGS

3.        GENERAL CONDITIONS OF OCCUPANCY

4.        TERMINATION OF MOORING

5.        APPEALS PROCEDURE

6.        STANDARDS FOR YACHT MOORINGS

7.        TENDERS, TENDER PARK AND ACCESS JETTY

1.        DEFINITIONS.

1.1.      A MOORING consists of the space between two mooring buoys, including the buoys, rope and concrete mooring blocks (mooring gear).

1.2.      MOORING AREA – The mooring area of water in which the moorings are situated as allocated by the Port Authority.

1.3.      THE COMMITTEE is the Committee of the “EAST LONDON HARBOUR KEELBOAT MOORING ASSOCIATION” instructed and authorised by the Port Captain to administer, maintain and develop the keelboat moorings situated in the East London harbour.

1.4.      THE OCCUPIER is the owner, or the owner’s designated representative, of a keelboat, as registered with the Port Captain.

1.5.      A BOAT is a deep keel sailing yacht (KEELBOAT).  

1.6.      REGULATIONS means the regulations compiled by and amended from time to time by the Committee.

2.        APPLICATION FOR AN ALLOCATION OF A MOORING.

2.1.      An application for a mooring must be made in writing on the APPLICATION FORM obtainable from the Honorary Secretary of the Committee.

2.2.      A SAFETY INSPECTION CERTIFICATE, issued by an authorised scrutineer, in accordance with the safety standards applied in the East London Harbour must be forwarded to the Honorary Secretary together with the completed Application form.

2.3.      Applications will be acknowledged, registered and dealt with on a “first come, first served” basis.

2.4.      Upon notification of the allocation of a mooring by the Committee, the initial cost of the mooring gear (Capital Sum), as determined from time to time by the Committee, must be paid in full.

2.5.      Upon receipt of the initial payment (Capital Sum) the Committee will issue a MOORING CERTIFICATE, which together with the SAFETY INSPECTION CERTIFICATE (see 2.2) must be produced to the Port Authorities for the harbour registration and the allocation of an East London Yacht (ELY) number.

2.6.      Only upon completion of the above formalities, may the boat be brought onto moorings.

2.7.      Any boat arriving in E.L. Harbour by sea or land is obliged to take up a temporary mooring until the above formalities are complied with. The costs and indemnity forms are available from the Committee.

2.8.      No private arrangements regarding the allocation or loaning or sub-letting of moorings will be allowed. All mooring allocations are to be dealt with strictly by the Committee.

2.9.      Applicants for moorings should be residents of East London or a person who is resident within a 200km radius of East London who has permanent residence status in South Africa and who is a majority shareholder in the boat.

2.10.   Before placing his boat on the allotted mooring the occupier is required to enter into a signed Contract with the Committee whereby the parties agree to observe the terms and conditions of these Regulations and any amendments as provided under clause 3.20.

3.        GENERAL CONDITIONS OF OCCUPATION.

3.1.      A mooring is allocated for an indefinite period, terminable as set out in section 4 hereinafter.

3.2.      The mooring gear supplied by the Committee (Capital Sum) will be charged to the Occupier at the actual cost to the Committee at the time of allocation of the mooring. Payment of the Capital Sum is due before occupation of the mooring.

3.3.      The Committee will provide the rope and other materials for the preparation and subsequent maintenance of the moorings.

3.4.      The Occupier must provide and maintain mooring lines and tie-betweens in accordance with the Committee’s specification 3.5.

3.5.      The Committee will arrange regular inspections of the moorings by qualified personnel. Private repairs to the moorings are not permitted (emergencies excepted). Only your personal top gear (mooring lines) are your direct responsibility. Defects and deficiencies, including emergency repairs must be reported immediately to the Honorary Secretary of the Committee in writing.

3.6.      The Occupier shall have no claim whatsoever against the Committee, the lessee of the water area designated for moorings and the Port Authorities for recovery of damage or consequential loss due to failure of any mooring gear or any other cause. His boat is understood to be moored entirely at his own risk.

3.7.      Calculation and allocation of mooring costs:

3.7.1.    Administrative costs. (Subscription) The budgeted administration costs will be divided by the number of permanent occupiers and invoiced to members at the beginning of the financial year, i.e. 1 May of each year.

3.7.2.    Rent of waterspace. The pre-determined amount of rent payable to the Portnet will be divided by the sum of the boat lengths in metres (LOA) of all the boats permanently on mooring on 1 May each year.

3.7.3.    Maintenance costs. The budgeted annual maintenance costs will be divided by the number of permanent occupiers and invoiced to members at the beginning of the financial year, i.e. 1 May of each year.

3.8.      Refunds. Members who relinquish their mooring during the year will, within 30 days of written notification, be compensated with the repayment of their original deposit and with a pro-rata payment of the annual mooring costs.

3.9.      Cost of maintenance, repairs or cost of replacements will be written off immediately unless, in the opinion of the Committee, the interest of the boatowners would be better served by capitalising certain of these costs.

3.10.   Inspection, maintenance and administrative costs determined from time to time by the Committee, are payable by the Occupier within 30 days from date of invoice.

3.11.   Any notice required to be served by the Committee on the Occupier in terms of these regulations shall be deemed to have been properly served if posted to the address listed in the Register of Occupiers by prepaid registered post.

3.12.   Should the Occupier wish to vacate his mooring temporarily, but for longer than THIRTY (30) DAYS for whatever reason, he shall apply to the Committee in writing for special leave of absence. The Committee shall be entitled to grant such leave up to a maximum period of TWO (2) YEARS subject to any conditions it deems fit.

3.12.1. The Occupier may not remove the mooring pendants or lazy lines (tie-betweens) from his mooring without making prior arrangements with the Committee for their replacement by the Association.

3.12.2. Should an Occupier not wish to remove his mooring pendants and lazy lines when granted leave of absence, he has no claim on the Association for wear and tear, loss, theft, etc. on his return.

3.13.    Should a boat be on an extended cruise or off her mooring for extensive repairs, etc. the Committee has the right to make temporary use of the mooring without compensation to the Occupier, until such time as the boat returns. The Occupier is to advise the Committee of the date of vacation and approximate date of return of the boat to the mooring. Provision must be made to pay all monies due during the boats absence. Failure to do so may result in the forfeiture of the mooring.

3.14.   If a boat is to be sold with the mooring, the Occupier has to obtain the prior written consent of the Committee. The prospective owner has to observe the procedures in section 2  (Application for the allocation of a mooring) for the mooring to be confirmed by the Committee.

3.15.   If an Occupier sells his boat and removes it from the mooring, he may retain the mooring, provided he intends to obtain a new boat, to enter the water within THREE (3) MONTHS. The new boat must be certified ready to go to sea, and properly registered with the Port Authorities. Should the new boat not fit on the old mooring, a new mooring will be allocated to him by the Committee. The Capital Sum and mooring fees already paid by the Occupier will be immediately transferred to his new mooring. The pro-rata difference in water rental will be invoiced / refunded to him.

3.16.   No Occupier shall have more than ONE (1) boat on moorings. Temporary exceptions and conditions thereof may be authorised and determined by the Committee.

3.17.   Should the Committee for sound practical reasons decide to change any moorings, the Occupier shall be obliged to accept the Committee’s decision and shall at his own expense move his boat to the new mooring. Failure to do so will result in the boat being moved by the Committee at the expense and risk of the owner.

3.18.   Notwithstanding the provision of clause 4.1.3, the Occupier must continue to maintain his boat in a seaworthy condition.

3.19.   The introduction of emergency procedures applicable in the case of floods, windstorms, or other unusual conditions which may affect moorings, does not in any way exonerate the Occupier from the responsibility for the safety of his boat, and all risks pertaining thereto. (See point 3.6)

3.20.   With the EAST LONDON HARBOUR KEELBOAT MOORING ASSOCIATION being a non- propriety and non- profit making Organisation, Occupiers are obliged to render practical assistance, if reasonably called upon by the Committee from time to time.

3.21.   No relaxation or indulgence granted by the Committee to the Occupier shall in any way be construed as a waiver of any of the Committee’s rights in terms of these Regulations nor shall it be regarded as a novation of any of the Occupier’s liabilities or obligations hereunder.

4.        TERMINATION OF A MOORING.

4.1.      The Committee shall be entitled to terminate the occupation of a mooring in the event of:

4.1.1.    The Occupier being in arrears with payments due in respect of the mooring;

4.1.2.    The Occupier being in arrears with payments of any dues to the Committee;

4.1.3.    The Occupier failing to be in possession of a valid Safety Certificate for his yacht within three months;

4.1.4.    The yacht not being a duly registered yacht with the East London Harbour Authorities or cease so to be registered;

4.1.5.    The yacht failing to leave moorings for the purpose of sailing at least once every SIXTY (60) DAYS unless special permission shall have been granted, in writing, to the Occupier by the Committee. The Port Log Book will be used to determine the sailing frequency;

4.1.6.    The Occupier selling his yacht or losing his right of ownership thereto;

4.1.7.    The yacht leaving the mooring for more than THIRTY (30) DAYS without leave of absence having been granted by the Committee in terms of these regulations;

4.1.8.    The Harbour Authorities withdrawing the right to the mooring area in question.

4.1.9.    The Occupier failing to abide by the regulations relating to moorings;

4.1.10. The Occupier failing to comply with a request from the Mooring Committee in respect of any matter or specification regarding moorings.

4.2.      In the event of the Mooring Committee deciding to terminate the mooring right, in terms of these Regulations, it will do so by serving notice upon the Occupier to make good the default within THIRTY (30) DAYS of the written and registered posted notice. Should the Occupier fail to do so the Committee shall terminate the mooring right by forwarding a notice of termination to the Occupier and, if necessary, at the same time calling upon him to vacate the mooring within THIRTY (30) DAYS.

4.3.      Should the Occupier, after the termination notice has been served, fail to vacate the moorings within the time specified in the notice of termination, the Committee shall be entitled to remove the yacht from the moorings at the Occupier’s expense and in so doing shall attract no liability for any damage caused to the yacht, provided reasonable care shall have been exercised in the presence of a graded SAS skipper. Once the yacht has been removed from moorings, it shall be subject to Harbour Regulations pertaining to unauthorised craft in the Harbour Area.

4.4.      The Occupier shall be entitled to terminate his right to a mooring on THIRTY (30) DAYS written notice to the Committee. Refunds will be made as per 3.8.

5.        APPEALS PROCEDURE

5.1.      An Occupier may appeal against decisions taken by the Committee. Appeals must be set out in writing and submitted to the Chairman.

5.2.      The Chairman will, within TEN (10) DAYS of receipt of the appeal, set a mutually acceptable date for the Committee to meet together with the Occupier concerned and / or his chosen representative.

5.3.      A record of the proceedings will be taken, agreed to and signed by all participants. Where the matter is resolved, the recorded decision must be attached to these proceedings for future reference in the event of a query. Where the matter cannot be resolved the documentation, together with the Committee’s recommendations and the aggrieved owner’s reasons for not accepting these will be submitted to the Port Captain for a decision. His decision will be final.

6.        STANDARDS FOR YACHT MOORINGS.

6.1.      Mooring Pendants shall:

6.1.1.    be of a three-strand hawser-laid nylon or polypropylene rope;

6.1.2.    be arranged as bridles, i.e. Two at each end;

6.1.3.    at the buoy end, having galvanised, stainless steel or nylon thimbles spliced in, using at least four tucks;

6.1.4.    at the ship’s end, have either soft eyes of adequate size spliced in, using at least four tucks, or alternatively have sailmaker’s or other adequate whipping;

6.1.5.    be of similar length and arrangement at each end of the yacht;

6.1.6.    be of such length that the moorings are reasonably taut at high water- ordinary spring tide.

6.1.7.    for yachts up to 4 ton displacement, nylon 16mm, polypropylene 20mm;

6.1.8.    for yachts of 4 to10 ton displacement, nylon 20mm, polypropylene 24mm;

6.1.9.    for yachts of 10 – 20 tons, nylon 22mm, polypropylene 28mm;

6.1.10. be fitted with adequate chafing gear where they pass through the fairleads;

6.2.      LAZY LINES or TIE-BETWEENS shall:

6.2.1.    be of polypropylene minimum 12mm or nylon minimum10mm, with at least two or three floats attached, thus enabling the line to float and be visible;

6.2.2.    be of such length and set so that they lay in a reasonably straight line when the yacht is off mooring;

6.2.3.    be connected at each end to the mooring pendants with a connecting line between the two pendants;

6.2.4.    be adequately whipped or have a back-splice at each end.

6.2.5.    be replaced with a line of the same thickness as the mooring pendants when leaving your mooring for longer than three days in case of floods, storms, etc.

6.3.      MOORING FITTINGS ON YACHTS shall:

6.3.1.    be of substantial construction and well secured to the yacht;

6.3.2.    preferably so arranged that a separate cleat or bollard be used for each pendant.

7.        TENDERS, TENDER PARK AND ACCESS JETTY

7.1.      All Tenders to have their Yachts name on them.

7.2.      Tenders are to be parked in the Tender Park while not in use, in a neat and orderly fashion.

7.3.      Tenders are not permitted to be left tied to the jetty overnight

7.4.      Tenders in use tied on the Jetty, should be tied in manner that is considerate to others wishing to make use of it.