Alan de Enfield

Molybedenium !

All this "there are no cases or examples going to court" is "crap" TS have taken on at least 10 cases in the North West and a member on this forum has appeared in court as an 'expert witness' in several cases. It appears that the reason TS do not pursue all of the RCD/RCR non compliaces may come down to money. Extract from the statement by TS following one of their cases in the NW ..................... "...............The magistrates accepted that the breaches were at the lower end of the scale, but that the regulations are in place to ensure the safety of boat users - the bench had a serious concern at the lack of a quality check system. Billy Hughes is now a criminal with a fine amounting to £600. However, the outcome was insufficient for the London solicitor to pursue him for the bigger claim for compensation, which Hughes settled out of court with his customer. The whole business ultimately put Deeside Narrowboats some £30,000 out of pocket and his customer £10,000. The expense and the hours lost in court and in arguments over two years is a lot for a start-up firm to cope with in its early years of trading - many would go out of business. Billy's case is not the first. Trading standards officers in the surrounding NW area have brought several cases against other narrowboat builders. In most cases, the builders have been found guilty of infringements. Lots of detailed technical charges have been brought, to court, and the TSOs left with big court costs on their count".

How can you prove a negative ?

I assume that the pictures are not in the same order as your text - if not it certainly looks a bit more run down "today"

The write up is good and I'm sure many will think it is air con, but, it appears to be an effective 'blowing air over water' cooler - I'm tempted at just over £130 - and - it only draws 45 watts ! Special Offer | EpiCooler

and the changes in '21 thru '24 were ?

Just so you do not think it is my derranged mind coming up with this : They are provided in Davids link provided earlier, they are dated : 31/12/20 19/6/21 9/12/21 31/12/22 7/4/24 1/10/24 Again it is just below the heading in Davids link These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for certain references to provisions of EU instruments to be construed as references to those provisions as amended from time to time. Which mean that the RCR is automatically 'updated' with the changing RCD legislation without having to go thru Parliament. I beg to differ - if the changes were simply to substitute "EU" with "GB" they'd have done it all in 'one hit' Your own link shows the RCR has been modified almost every year. If you go back and look at the original RCD (pre 2017) and compare it paragraph to paragraph to todays RCR I think you'll find a lot of 'structural' changes - not just EU to GB

Our tank was under the bed so fairly simple to remove, just required rebuilding the floor but, the opportunity was also taken to remodel the 'back-end, fit a cross bed, add a 'wadrobe for 2 folding bikes and re-jig the bathroom.

You appear to have come up with your own definitions : Historically the two terms used were : "placing on the market" and "Putting into service" This has subsequently been defined as being only a manufacturer or importer, it did not cover anyone futher 'down the line' (distributor, private individual etc) In 2022 the RCD/RCR corrected this omission in the new issue "Recreational Craft Directive 2013/53/EU 22" where the concept was introduced that there is a requirement for each economic operator in the supply have responsibility that only compliant products can circulate in the market and a new category of "making available" was added From David Mack's link : “making available on the market” means any supply for distribution, consumption or use on the [F14market of Great Britain] in the course of a commercial activity, whether in return for payment or free of charge and related expressions must be construed accordingly; As the private seller is being paid for the boat - it is a commercial activity (although by the definition above, it could be given away and still be a commercial activity) Advertising it for sale on the web, via a broker or in a newspaper etc is 'making it available' for use ? There is a lot more that would require a PCA than "the engine alone" - not only the size, but it must be replaced by an RCD/RCR compliant engine - you cannot fit an old 'smokey thumper' in a new boat, unless the new boat is a copy of an old design and uses original materials. Basically anything that is changed & could affect the safety of the boat (major electrics, gas, stability, change of means of propulsion etc) have all been highlighted as requiring a re-certification (PCA) From David Mack's link : “major craft conversion” means a conversion of a watercraft which— (a) changes the means of propulsion of the watercraft; (b) involves a major engine modification; or (c) alters the watercraft to such an extent that it may not meet the applicable essential requirements; “major engine modification” means the modification of a propulsion engine which— (a) could potentially cause the engine to exceed the emissions limits set out in Part B of Schedule 1; or (b) increases the rated power of the engine by more than 15%;

You could always do what many "pump-out" owners have done and change it for a far better system - Cassette**. Safe yourself £20 per time (monthly or bi-monthly or ?) and take as long as you like rinsing out - all at no charge. ** proper cassette system, plumbed in with a flush and porcelain toilet - NOT, just a 'bucket and chuckit'.

Why would you expect to get any RCD paperwork on a 1990 boat, when the RCD did not come into force until 1998 ?

In the 50's - no waiting for a GPs appointment, the Doctor did home visits the same day. Food and veg was delivered by a van on his round. We even had a telephone (Gotham 262) - it was a party-line so we had to check the neighbours were not already talking.

No its not my opinion it is extract from marine lawers , or direct extract from the RCD. I was going to ask David Mack the same question but forgot - but I'd still be interested in his justification for the seemingly conflicted opinion between when a company sells a 2nd hand boat, or, if a natural person sells the same boat.

Maybe .................... Cost ?

How / why do you think that a private seller advertising his boat for sale is not making it available to the market ? Could you please explain to me your justification in saying that advertising your boat for sale is not 'making it available' ? Don't forget that a commercial activity in the RCD definitions does not mean money must change hands. "....could be for payment or free of charge." A broker is certainly making the product available to the market and meets the definition within the RCD/RCR of a Distributor ........... Distributor’s obligations : The distributor is any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes the product available on the market The defintion covers brokers and from talking with the BMF was the main justification for putting the requirement, in their T&Cs to ensure the boat has the correct documentstion etc. A distributor must act with due care and their obligations are detailed in Article 10 of the Directive. Before making a product available on the market, the distributor must verify that: • The product bears the CE marking as required in Article 17 • It is accompanied by the following documents: EU Declaration of Conformity, instructions and safety information, the owner’s manual in the appropriate language for the craft and the engines if installed • It meets the product identification and traceability requirements, the manufacturer’s identification or the importer’s identification if applicable Where the distributor has reason to believe that a product is not in conformity, he must not make the product available on the market until it has been brought into conformity. Where the product presents a risk, the distributor must inform the manufacturer or the importer as well as the relevant market surveillance authorities. Again would you please explain to me how a company selling a secondhand boat is "making it available on the market", but, if the boat is owned by an individual, and they were to sell the same boat, advertising it in the same places (ApolloDuck ?) that is not "making it available on the market" Both legal and natural persons are defined as being able to sell and transfer ownership.