SAILING:The Irish Sailing Association have this week written to 13 training establishments warning that the Department of Transport has issued notification that all cruising schools in the State must now conform to Passenger Boat Licence legislation.

With almost 200 exhibitors booked into the RDS Simmonscourt Pavilion, the theme of next week's Allianz Boat Show is "Get started". More than 7,000 square metres of space will be filled by exhibits and 25,000 visitors are expected over the five-day event that begins next Wednesday.

But while sales appear stronger than ever, safe practice within the sport is facing a major threat, ironically arising from Government legislation intended to provide safer conditions afloat.

"Every boat that we put an instructor onto with people has the potential to come under this legislation," said Tony Wright, ISA training manager.

"There is a significant chance that a number of training schools won't be operating this summer; it really depends on how vigorously the Marine Survey Office (MSO) pursues the schools and how easily the schools can comply - it's not impossible but very difficult and very expensive."

Although just 13 of the ISA's Recognised Training Centres are initially affected by the move, fears are growing that it may be extended to every marine-leisure training centre.

While the MSO is satisfied the legislation will improve safety, there is no suggestion any of the recognised schools have been operating in an unsafe manner. In 2006, approximately 13,000 people received instruction under various ISA schemes.

The key issue is whether the people on board a leisure boat are classed as passengers or crew. In the case of sailing schools, people paying for instruction are often experienced leisure seafarers seeking formal qualifications, while much of the legislation is aimed at protecting people paying for boat trips for sightseeing or commuting purposes.

Applying the legislation to sports users has brought Government agencies into conflict with the leisure sector and the ISA have been negotiating with the MSO, without significant success.

"We don't mind being regulated but it must be clear, must be appropriate and must be achievable - that's all I've asked for," Wright said. "I have no problem with boats needing licences but some of the requirements and interpretations (of the law) are not current best practice or in widespread use internationally."

Reports from some training establishments suggest the measures being sought by the MSO include full SOLAS-approved liferafts, automatically launched unhindered from the deck. Apart from the size of such liferafts, the mast and rigging commonly found on sailing boats mean this is almost impossible to achieve.

On one 31-foot training boat on the south coast, deck-mounting the liferaft increased instability because of the added height compared to the more usual practice of storing a liferaft in an accessible cockpit locker.

Other requirements include steel fuel tanks and line, watertight bulkheads and commercial-grade EPIRB-beacons. One school's owner estimated the cost of these upgrades at €20,000.

However, the most significant requirement is hull-certification. Within the EU and as can be witnessed at next week's show, every boat sold for leisure purposes must bear a CE conformity plate on the hull.

But for a vessel to become a licensed-passenger boat, it must have a hull certificate such as those issued by Lloyds of London or Bureau Veritas which would be the norm for large commercial vessels such as ferries but not usually yachts or motorboats unless newly built to custom-specifications at a much higher price.

What has yet to be established is how this development will affect the ISA's recognition and approval scheme that ensures minimum standards on a voluntary basis around Ireland. Applying the strictest interpretation of the legislation not only places the future of formal sail training in doubt but clubs also face restrictions. Major competitions can no longer use unlicensed boats to entertain sponsors or visitors and media boats too must be in full compliance adding massive costs to regattas.