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Boat Safety and s.8


NigelMoore

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16 hours ago, Paul C said:

I've de-emphasised your bit and emphasised my area, where I think they mean that "if you actually try to venture away from the home mooring, either by giving up (stop paying for) the home mooring, or pretend to get one but actually never moor there, instead on the towpath (AKA ghost mooring) we'll cancel the licence".

 

If the route of giving the licence then cancelling it is indeed their tactic then its going to be one of the very few cases where they are trying to cite non-compliance with the T&Cs as the reason - it will be interesting if it ever goes higher ie is fought in the courts.

 

I believe my previous assertion - that they can refuse to issue the licence on CCing basis, reasonably - still holds true.

 

I agree though, that its not crystal clear and could be interpreted in different ways.

Accepting that your alternative interpretation of the email is at least possible, at a stretch, nonetheless the wording is “intended to be used for navigation” which also suggests that they would only be issuing a pleasure boat licence rather than a houseboat certificate (which could only apply if the mooring was residential), and that they would then deem it unsuitable for such use.

 

However, we shall see. At current stage of play the possibility of any moorings provider accepting this vessel seems remote, so the point remains moot.

 

I agree – it would be an interesting test case; perhaps one they are planning for.

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