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New build snagging issues


DTrip

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46 minutes ago, DTrip said:

We have had a retest for the safety certificate,

Just wondering why you needed a safety certificate (assume you mean the BSSC) as a new boat built to the RCD doesn't require a BSSC.

 

From the BSS website :

 

 

General rule

As a general rule, BSS Examiners should question being asked to carry out a BSS examination on a new boat that is or is not CE marked and is still at the commercial boat builders.

The owner will not need a BSS Certificate for licensing purposes as the commercial builder will have provided a valid Declaration of Conformity, which is equally as acceptable as passing a BSS examination for the first four years of the vessel's life. New boats that are not CE marked can be licensed and registered supported by the builder's Annex 3a declaration for the first year.

This general rule is necessary to avoid any conflict with the free trade principles of the RCRs and to help protect examiners in the event of any subsequent complaint to Trading Standards that the boat has been sold in contravention of the RCRs.

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2 minutes ago, DTrip said:

You are absolutely correct.

Unfortunately, our narrowboat was built, mmmmm thrown together, with no reference to the legal requirements.

 

If it wasn't built to the legally required 'Recreational Craft Directive' (RCD) and you don't have a certificate declaring it to be RCD complaint, and you don't have the legally required handbook (showing how it was built, wiring diagrams, etc etc) and it doesn't have an RCD Builders plaque you are onto a winner.

 

If he sold it to you without an RCD them he broke the law

 

You've got him / them by the 'short and curlies' and the Trading Standards will be all over him.

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5 minutes ago, Tony Brooks said:

Sorry but I bet the builder will "go broke" and phoenix builder will arise long before Trading Standards or the courts can do anything for you. I hope that I am wrong but its far from unknown.

Completely agree, its actualy parr for the course for many. I believe there are even marinas that dont bother paying their access fees to CART etc and just trade under a similar name ?

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7 minutes ago, Tony Brooks said:

Sorry but I bet the builder will "go broke" and phoenix builder will arise long before Trading Standards or the courts can do anything for you. I hope that I am wrong but its far from unknown.

Agreed, but the directors as individuals may have problems if trading standards get involved.

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There is more than one way of looking at this, My way is that as most boats, especially canal boats are 'one offs' then its hard to turn out perfect boats every time. I would be happy to accept minor niggles and correct them myself. It is really very important to get to know your boat as boats are not like white goods or mass produced cars. Boats go wrong, stuff rusts, breaks, fails etc. and you need to be able to diagnose and fix it otherwise it will cost you a lot of money. Any recourse to law will lead to tears and months of stress. In fact I would actually expect to find faults in a brand new boat. The other way of looking at this is to assume the builders are experts and will supply your boat in new and faultless condition, on time and also you assume that they are skilled, and actually know a lot about boats.This is often not the case at all. If your boat is 99% OK then it would be better to try to get the work done and hope the builder will share the cost. Pragmatism is a hell of a lot cheaper than years of legal bills.

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I absolutely agree, we are quite prepared to work on the long list of minor imperfections. At this stage I am unwilling to be specific, but in no way does the boat comply with regulations and one of the faults could have killed us. So, while I understand your point a company that is willing to mislead, ignore and downright lie to their customers frankly does not deserve to be in business.

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29 minutes ago, DTrip said:

So, while I understand your point a company that is willing to mislead, ignore and downright lie to their customers frankly does not deserve to be in business.

 

More specifically, a company building and flogging to the public whilst ignoring the RCD, is very arrogant and needs stopping.

 

 

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1 hour ago, DTrip said:

I absolutely agree, we are quite prepared to work on the long list of minor imperfections. At this stage I am unwilling to be specific, but in no way does the boat comply with regulations and one of the faults could have killed us. So, while I understand your point a company that is willing to mislead, ignore and downright lie to their customers frankly does not deserve to be in business.

Which is exactly why you need to get Trading Standards involved.

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  • 2 months later...

I would strongly suggest you talk to citizens advice who will tell you exactly what to say and how to say it, they will also refer the case to trading standards on your behalf. I have a Collingwood boat and had an issue with it. citizens advice got me through this

 

good luck

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