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LOCAL NAVIGATION RULES BEFORE 1841.

1. RIVER AND FIRTH OF CLYDE.

The first commercial steam-boat in European waters, the Comet, of 28 tons burthen,

was built in 1811/12 at Port Glasgow at Messrs. John Wood and Co. and plied on the River Clyde for eight years. As one of the first two steamers in English waters, the

Margery, 38 tons burthen, built on the Clyde in Dumbarton in 1814, went to the

^ Kemp, P., 1993, p. 483;

'H .C ., 1873 (184.), pp. 4, 13, 15-18;

Thames after having been worked for a short time on the Clyde. She was towed through the Forth and Clyde Canal and then sailed south along the east coast.^

It is therefore not surprising that the Magistrates and Council of Glasgow were probably the first to draw up such code of regulations for steam-boats which was enacted on October 30, 1816. Very detailed, they contained 12 clauses regarding the vessels’ owner’s duties, passenger vessels, overtaking other vessels, vessels meeting, anchoring, crossing the lines of others, lights for vessels steaming and at anchor, giving orders, throwing ballast, &c. overboard, the display of these orders and the recovering of damages and penalties."*

The overtaking of vessels was regulated in a rather strange way. The steam-vessel to be overtaken had to give way to the overtaking vessel ! The latter one therefore was always free to take the opportunity while the former had to take the risk of the other’s action and pay eventually damages and penalties. The starboard-helm rule had to be obeyed for passing each other in opposite directions and there was no specific rule for the arrangement of showing “lights”, in the plural form, but it was left to the owners or masters how to exhibit them. Darkness was not nearer defined. There were no regulations as to speed but to stopping the paddles as long as small boats were around for ferrying passengers or goods, to avoid to put them into danger by the surge of the wheels.

Although quite cmde this amount of detail was not found in much later regulations for other rivers and in those of Trinity House for the whole country !

While the Magistrates and the River Trustees were engaged in drawing up a

new code of regulations a collision occurred between the Ayr and Comet steam-boats

off Kempock-point, Gourock, in the early morning of 21st October 1825 with 62 lives

lost. The Comet did not carry a light, and did not station a single look-out, while the

Ayr had a light hanging from the starboard bow. The night was clear but without

moon light. At the Admiralty Court proceedings on 21st December the Clyde Pilot James Ross, who was not a pilot on either of these steam-boats that night, said that it was far from being custom to show lights below Greenock, the night being clear or

^ Spratt, 1958, pp. 87-88, 93, 95; ^Riddell, 1979, p. 76;

dark. Below Gourock they were only hung out in dark nights. He was confirmed by other witnesses.^

The new code was signed on December 13, 1825 and was divided into three chapters: “General Harbour Regulations”; “Regulations for Steam-Boats, and Other Vessels, Plying on the River”; and “Police Regulations”, altogether 65 (!) clauses. They were made with the power given to the Trustees through the local Navigation Act of 1825.®

The harbour regulations (24 clauses) co-ordinated the arrival and birthing of vessels on outside and inside births and along-side crane births, the removing of vessels, ballast, the making fast of vessels, and miscellaneous things regarding the loading of coals, gunpowder, &c. The regulations for steam-boats (27 clauses) ordered that steam-vessels had to be manned by an experienced captain and crew (clause (I.)), that a list of owners trading from this harbour had to be kept by the steam-boat harbour-master who shall register the owners’ and vessels’ details

(clause (n.)), arranged again birthing questions (HI.) and (IV.), the furnishing of

passenger steamers with gangways (V.), the lighting of passenger steamers for the

passengers, safety (VI.), that passenger steamers shall be supplied with a boat

according to their tonnage (VII.), and the hours of sailing (VIII.). The

clauses (IX.)-(Xin.) and (XVIU.) regulated the meeting, overtaking and passing of

sailing and steam-vessels and other craft and made provisions for lights. Steam- vessels meeting in the Clyde in opposite directions above Dumbarton Castle were ordered to slacken their speed when within thirty yards of each other and to keep to their larboard sides. Below Dumbarton Castle they had to pass only starboard to

starboard in a distance of at least forty yards of each other (IX.). The regulation to

overtaking slower steam-vessels remained principally the same of that of 1816 but concerned now only the upper river between Dumbarton Castle and Glasgow. The overtaken vessel now had also to stop her engine as long as the overtaking vessel was within thirty feet distance (which might throw her out of steerage way), and was only then allowed to proceed slowly until the other had passed (X.). While within the

^ The Times, October 25 and December 27, 1825;

^ 6 Geo. IV., Cap. cxvii. An Act for amending Three Acts for enlarging the Harbour of Glasgow, and

improving the Navigation of the River Clyde to the said City; and for other Purposes therein

mentioned. [10th 1825.];

vicinity of 100 yards of the dredger and Trustee’s punts the passing steam-vessels had to take off the steam from their engines (XL). When a steam-vessel or a sailing-vessel met another sailing-vessel beating to windward the former shall pass under the beating vessel’s stern in a distance of greater than thirty yards (XII.). Sailing-vessels when on different tacks below Dumbarton Castle shall avoid each other while the sailing-vessel on the lai'board tack bears up for the sailing-vessel on the starboard tack (Xm.). During darkness and thick fogs steam-vessels shall reduce their speed to three to four knots (XIV.). During darkness and thick fogs a bell, attached to the machinery, shall be rung. Steam-vessels shall also be furnished with a compass (XV.). It was not self- evident for river steamers to have a compass on board. Clauses (XVI.) and (XVII.) regarded restrictions on towing vessels and the use of footpaths. Clause (XVm.) required that a regularly licensed pilot shall act as steersman on steam-vessels. One or two persons shall be stationed at the bow as look-out. Between sunset and sunrise and during thick fogs a triangular light shall be hung at the bow or another good visible place on all vessels sailing in the river. Vessels at anchor shall hang the light nearest the deep channel (XVIU.). Timber rafts had to hang out a light next to the deepened channel (XIX.). Clauses (XX.) and (XXL) concerned vessels lying aground and

vessels tracking. Clause (XXn.) regulated very detailed the approach of passenger

steam-vessels towards small boats for taking in or landing passengers and the caution to be taken when near them. The person in charge of the steam-vessel shall also take care not to crowd and overload the small boats, &c. (XXII.). No small boat shall approach any steam-vessel as long as the engine is not stopped (XXIII.). Steamers passing other passenger steamers shall slacken their speed when passing

them (XXrV,). Only the person in command of the vessel shall give any

order (XXV.). Clause (XXVI.) regulated ballast. This code of regulations shall be displayed in the cabin of passenger steamers for the consultation by the passengers. Each of these clauses was enforced with penalties to pay for respective offences. The harbour-police and it’s duties were regulated in 14 further clauses.^

These steam-boat regulations were a vast improvement compared to those of 1816 which were already far in advance of other river regulations. The issue of moderate speed in fog was also long ignored by regulations both locally and nationally, even

' Port of Glasgow Trustees, General Harbour Regulations, 13th December 1825;

internationally and a respective regulation came into operation as late as from 1st June 1863 for steam-vessels only and from 1st September 1880 for both steam and sailing- vessels. Also fog sound signals were no subject for regulation before the Admiralty regulations of 1st October 1858. In advance of other regulations was also that concerning the overtaking of vessels. But it seems strange that the vessel to be overtaken had to secure the safety of the overtaking vessel which was free to take the risk. In the case of trouble or even collision the overtaken vessel was at fault. The regulation regarding passing in opposite directions below Dumbarton Castle was a looser interpretation of those for above Dumbarton Castle as the width of the River and Firth did not need such a stringent order. Clause (XII.) was only an adoption from the well known and recognised rule for open waters: that steamers go out of the way of sailing-vessels and that close hauled vessels have a right of way against sailing- vessels running more free. Clause (XIII.) was a direct adoption. The triangular light meant a single triangular shaped all-round lantern.

Only five months later, on May 12, 1826, the House of Commons printed a set of only five regulations for the river and the Harbour of the Broomielaw. They were principally the same as those of December: they regarded the side of the river the vessel shall keep to when passing another in opposite direction; the slackening of speed when meeting; a clause to overtaking which made it in fact even more dangerous: the vessel to be overtaken still had to give way not towards the embankment but now to leeward which might drive her into midstream, risking collisions with oncoming vessels. The speed in fog was limited to not more then four knots; a bell had to be mng in fog; and a triangular light had to be hung a-head or be placed at another part of the vessel where it could be seen best.

Immediate questions are: for what purpose did the House of Commons print these regulations ? Why only five or were there more ? Why then did the House of Commons not develop codes for other rivers, at least for the Thames ? How was this code possible when even ten years later there was such an opposition against any kind of Act for regulating steam navigation on the Thames ?

The regulations and bye-laws for the River Clyde and harbour of Glasgow of 13th December 1825 were repealed in all three chapters with the new code of 5th June 1828. It consisted now of 77 clauses arranged again in three such chapters

(25; 33; 19). In general the additional and re-worked clauses were made more precise. So for example the first clause of the steam-boat regulations required not only experienced crew but said also how many: not less than a master, two deck-men, and a pilot. The only new clause being here of interest was that to two sailing-vessels meeting another sailing-vessel or steamer in opposite direction above Port Glasgow. Each vessel shall haul in their booms when coming within 30 yards of each other and keep to the larboard side. There were some other slight changes: the border for the regulation regarding overtaking was taken down-river from Dumbarton Castle to Port Glasgow. The regulation for pilots was expanded towards sailing-vessels of at least 6ft. draught or of and above 40 tons register. The “triangular light” was replaced with a “suitable light”. The berth between vessels meeting and passing in opposite direction was reduced from at least 40 yards to at least 20 yards.

Another set of regulations for steamers and other vessels was put into operation in 1834, consisting of at least 61 clauses. It dealt with the manning of steam-vessels, registering of the owners, masters, pilots, and crew, with supplying passenger steamers with small boats and its equipment, with sound signals, fire fighting appliances and gangways, with berthing passenger vessels, the manner how to pass and to overtake steamers as well as sailing-vessels, with steam-tugs having sailing-vessels in tow, and with vessels aground or at anchor. Eight clauses alone regulated the landing of passengers and the ferry-boatmen. It further dealt with sailing-vessels having to take precautions when passing other vessels, with speed at building sites, with meeting of sailing-vessels, speed in fog, regulations to towing and registering the persons employed therein, with pilots and look-outs, and with exhibiting a light.

Clause (XXXVn.) demanded a bell in a belfry to be rung in thick fogs and darkness and also a compass. The starboard-helm rule applied again to vessels meeting in opposite directions (clause (XLI.)) and a berth of at least 20 yards had to be given to the other vessel when passing her below Dumbarton Castle. The steamer which was going to be overtaken had to keep to the larboard side again as in the earlier regulation (XLII.). That for overtaking other vessels was similar (XLIH.). Steamers and sailing-vessels having the wind at large shall give way to sailing-vessels beating to windward and shall pass astern of that vessel (XLV.). The rule for sailing-

vessels meeting on opposite tacks applied to those navigating below Dumbarton Castle (LV.). The Speed of steam-vessels had to be limited to three to four knots during darkness and fogs (LVI.). The regulation as to lights was as imprecise as it was in the 1816 regulation, it also demanded only one bright light (LXL).®

These regulations were so far in advance of other local regulations that one should wonder why these were not taken as example for drawing up others, at least for the Thames which was tenfold crowded as the Clyde and where one comparatively poor Bill after the other failed and was rejected by the House of Commons.