A motorboater who injured a teen kayaker in a “completely avoidable” collision has become the first to be sentenced under new The Merchant Shipping (Watercraft) Order 2023, which came into force in 2024.

Swansea Crown Court was told how moments before the impact with a kayaker, motorboater Adam Russell had been seated steering a single-engine, duo-prop speedboat, White Mischief, upstream at up to 25mph which lifted the bow and obscured his vision.

The 15-year-old victim, had been coming in the opposite direction, in a group with his father and friends in brightly coloured kayaks and wearing red personal floatation devices.

The young kayaker spotted Russell’s vessel approaching near Rudders Boatyard, and tried to paddle out of the way but Russell, whose boat was carrying six passengers, including children, changed course and struck the kayak, driving over the victim and throwing him into the water.

The teen was left with cuts and bruising to his arms and lower lip.

He has not returned to watersports since, describing the experience in his witness statement as “terrifying“.

Adam Russell, 28, of Murrays Mew, Burton, Milford Haven, was sentenced to 12 months in jail, suspended for two years, at Swansea Crown Court yesterday over the life-threatening incident which took place on 11 August 2024 on the River Cleddau.

Russell was also ordered to complete 15 hours of required activity; 200 hours unpaid work; and pay his victim a total of £1,676 in compensation for damage to property and personal injury, plus £3,000 prosecution costs.

The court was told that Russell was familiar with the area near Rudders Boatyard, which is known as a busy location for moorings and leisure activities.

The damaged kayak following the powerboat collision. Credit MCA

The teen has not returned to watersports since the collision. Credit: MCA

New watercraft safety laws

The Merchant Shipping (Watercraft) Order 2023, which was introduced in 2024 to empower the prosecution of anyone who puts others at risk by using powered watercraft of any size in a dangerous manner, including small motorboats and jet skis.

The MCA led the prosecution with support from Dyfed Powys Police and Milford Haven Port Authority.

Maritime and Coastguard Agency (MCA) investigator Paul Atkins said: “This case shows the importance of keeping a proper lookout and operating safely.

“It was a very close call – if circumstances had been only slightly different, there could have been a terrible tragedy.

“This prosecution, the first under new watercraft safety laws, sends a clear signal that people flouting the requirements that keep us all safe on the water are liable to be held accountable for their actions.”

Judge Geraint Walters said: “Just like our roads, our seas and our rivers are not playgrounds.

“They are required by all of us to recognise the risk to others innocently going about their business.”

Mike Ryan, Harbourmaster at the Port of Milford Haven, said: “The incident on the Milford Haven Waterway was extraordinarily dangerous with a very real threat to life, yet it was also completely avoidable.

“We support the MCA’s decision to prosecute the defendant for failing to keep an effective lookout.

“It is an important reminder that not only do Waterway users have a responsibility to keep themselves and any passengers safe, but also a responsibility towards every other user of the Waterway.

“Keeping watch is one of the most important aspects of staying safe afloat: look ahead, look behind and look left and right, adjust your speed as necessary and take early, clear and decisive action to avoid collisions.”

What were the charges?

Russell was sentenced at the Crown Court having previously admitted two charges at Haverfordwest Magistrates’ Court on 2 December 2025:

  • failing without reasonable excuse to prevent the loss or destruction of another watercraft and/or serious injury to another person, contrary to Section 6 of the Merchant Shipping (Watercraft) Order 2023.
  • failing without reasonable excuse to comply with the International Regulations for Preventing Collisions at Sea 1972 (COLREGS), namely failing to adhere to Rule 5 (look out), Rule 6 (safe speed) and Rule 7 (risk of collision), contrary to Section 6 of The Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996.

The damaged kayak following the powerboat collision. Credit MCA

First caution under new laws

Previously, in 2024, a jet skier who forced an Isle of Wight ferry to take evasive action after steering across its path became the first to be cautioned by the MCA under the new water safety law.

The offence was committed on 4 August 2023 by a man in his 20s from Southampton at the entrance to Cowes Harbour, after he circled directly across the ferry’s path, within metres of its bow.

His actions prompted the ferry’s master to make significant changes to steerage and power to reduce the risk of a collision.

The incident was spotted by officers from Hampshire and Isle of Wight Constabulary.

The MCA issued the caution on 1 July after the “very remorseful” jet skier admitted the offence.

MCA departmental inspector Lesley Hopker said at the time: “It’s a timely reminder that even small watercraft are now covered by maritime law and action will be taken against those breaking the rules.”


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