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Middle Level Commissioners crack down on bank-side squatter boats,


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According to this note on the MLC website, the new byelaws are not yet finally approved.

https://middlelevel.gov.uk/wp-content/uploads/2019/10/Middle-Level-Act-2018-Navigation-Byelaws-2019.pdf

I think this is the draft version referred to ?  https://middlelevel.gov.uk/wp-content/uploads/2019/09/Draft-Navigation-Byelaws-for-web-1.pdf

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4 hours ago, Jim Riley said:

I have a home mooring. I only have to move every 14 days. 

I'm not sure about that. I think the 14 day rule only applies to "boats without a home mooring", so  I reckon you can stay where you are for a long time, possibly for as long as you want (as long as you are not on somebody else's mooring). CRT won't like it but will do nothing because they would loose a court case.  If you never use your home mooring then they just might have a case, especially if you were a long way away from it.

 

..............Dave

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15 minutes ago, Scholar Gypsy said:

According to this note on the MLC website, the new byelaws are not yet finally approved.

https://middlelevel.gov.uk/wp-content/uploads/2019/10/Middle-Level-Act-2018-Navigation-Byelaws-2019.pdf

I think this is the draft version referred to ?  https://middlelevel.gov.uk/wp-content/uploads/2019/09/Draft-Navigation-Byelaws-for-web-1.pdf

From those documents, it appears to have gone thru both the Commons & the Lords and did receive Royal assent in November 2018.

 

Does that mean they are now applicable laws ?

 

 

 

Screenshot (38).png

Edited by Alan de Enfield
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8 minutes ago, dmr said:

If you never use your home mooring then they just might have a case, especially if you were a long way away from it.

 

Remember a Judge has already said :

 

6:3 There are clear anomalies in both positions, CRT clearly regard the occupation of moorings by permanently residential boat owners who do not move very much as a significant problem (see paragraphs 3.5 and 3.6 above). However, neither the statutory regime in subsection 17(3) nor the guidelines can deal with this problem. A boat which has a home mooring is not required to be “bona fide” used for navigation throughout the period of the licence, but neither is it required to ever use its home mooring. The act requires that the mooring is available, it does not say it must be used. The guidelines also have this effect. The boat is still subject to the restriction that it must not stay in the same place for more than 14 days but there is nothing whatever to stop it being shuffled between two locations quite close together provided they are far enough apart to constitute different places. If those who are causing the overcrowding at popular spots have home moorings anywhere in the country the present regime cannot control their overuse of the popular spots. Such an owner could cruise to and fro along the Kennet & Avon canal near Bristol and the home mooring could be in Birmingham and totally unused.

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7 hours ago, Alan de Enfield said:

 

Remember a Judge has already said :

 

6:3 There are clear anomalies in both positions, CRT clearly regard the occupation of moorings by permanently residential boat owners who do not move very much as a significant problem (see paragraphs 3.5 and 3.6 above). However, neither the statutory regime in subsection 17(3) nor the guidelines can deal with this problem. A boat which has a home mooring is not required to be “bona fide” used for navigation throughout the period of the licence, but neither is it required to ever use its home mooring. The act requires that the mooring is available, it does not say it must be used. The guidelines also have this effect. The boat is still subject to the restriction that it must not stay in the same place for more than 14 days but there is nothing whatever to stop it being shuffled between two locations quite close together provided they are far enough apart to constitute different places. If those who are causing the overcrowding at popular spots have home moorings anywhere in the country the present regime cannot control their overuse of the popular spots. Such an owner could cruise to and fro along the Kennet & Avon canal near Bristol and the home mooring could be in Birmingham and totally unused.

Wot I sed. In big wurds. 

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8 hours ago, Alan de Enfield said:

From those documents, it appears to have gone thru both the Commons & the Lords and did receive Royal assent in November 2018.

 

Does that mean they are now applicable laws ?

 

 

 

Screenshot (38).png

Local opinion is that they will be introduced during 2020. So, from next year, a boat travelling or mooring on the Middle Level will need a licence, which its owner must pay for. I foresee a few boats currently moored in our village (at least two of which have not moved for at least four years, except when they were untied so that dredging could take place) disappearing sharpish.

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9 hours ago, Alan de Enfield said:

From those documents, it appears to have gone thru both the Commons & the Lords and did receive Royal assent in November 2018.

 

Does that mean they are now applicable laws ?

 

I think it is the Act of Parliament, which gives them the powers to make byelaws, that is now law.  The byelaws themselves are not yet fully in place, but they can now make them at a time of their choosing.  (May need to give a bit of notice)

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Yes, the Act received Royal Assent on 1st November 2018, As Cheese says the next stage is to make the byelaws, that is the consultation that was launched  in September.

 

Section 11 covers byelaws, 11(9) the procedure for the Secretary of State (ie DEFRA) to approve them. Section 12 covers registration, and section 10 "Stranded, grounded and sunken vessels and vehicles"

http://www.legislation.gov.uk/ukla/2018/2/section/11/enacted

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11 hours ago, Scholar Gypsy said:

According to this note on the MLC website, the new byelaws are not yet finally approved.

https://middlelevel.gov.uk/wp-content/uploads/2019/10/Middle-Level-Act-2018-Navigation-Byelaws-2019.pdf

I think this is the draft version referred to ?  https://middlelevel.gov.uk/wp-content/uploads/2019/09/Draft-Navigation-Byelaws-for-web-1.pdf

Interesting reading.

 

7 (i) gives powers with regard to the condition of a vessel but does not tie directly to BSS. Does this mean that a visiting boat cannot rely on having a BSS certificate? However, it is clear that the requirements have to be stated in advance and the MLC cannot just declare a boat to be unsafe without recourse to such conditions.

 

7 (vii) would seem to have quite wide application - does it mean that any solid fuel stove must be extinguished near or in a lock? (Luckily there are not many of them!)

 

14 will prevent someone from staying put for months on end but claiming that they are making a repair! (Though how the boat gets to a marina or boatyard is not specified! - up to the owner, no doubt)

 

16 (i)(d) - interesting. Will have to brush up on steering technique . . . Presumably passing another boat, whether moving o not, is a satisfactory reason for moving off centre.

 

16 (iv) Does this give licence to those who proceed with all fenders dangling?

 

32 I wish that this were applied and enforced on the CaRT navigations!

 

37 No bankside BBQs?

 

39 8-8 rule now formalised (at least on ML) Any chance of CaRT adopting it?

 

Note that several historic practices on the main canal network of forbidden by these byelaws - so read carefully!

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16 hours ago, Jim Riley said:

I have a home mooring. I only have to move every 14 days. 

According to Nigel, who knows about these things, that is not the case. The legal justification for the 14 day rule applies only to continuous cruisers, not to those with a home mooring, who actually have no statutory right to moor up anywhere except possibly overnight. The 14 day rule applied to home moorers in the T&Cs is a concession, which, presumably, is why bits of the towpath can be defined as one or two day moorings (or no mooring at all) as CRT wishes without any further legislation.

 

Edited by Arthur Marshall
Deja vu.
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36 minutes ago, Mike Todd said:

Interesting reading.

 

7 (i) gives powers with regard to the condition of a vessel but does not tie directly to BSS. Does this mean that a visiting boat cannot rely on having a BSS certificate? However, it is clear that the requirements have to be stated in advance and the MLC cannot just declare a boat to be unsafe without recourse to such conditions.

 

7 (vii) would seem to have quite wide application - does it mean that any solid fuel stove must be extinguished near or in a lock? (Luckily there are not many of them!)

 

14 will prevent someone from staying put for months on end but claiming that they are making a repair! (Though how the boat gets to a marina or boatyard is not specified! - up to the owner, no doubt)

 

16 (i)(d) - interesting. Will have to brush up on steering technique . . . Presumably passing another boat, whether moving o not, is a satisfactory reason for moving off centre.

 

16 (iv) Does this give licence to those who proceed with all fenders dangling?

 

32 I wish that this were applied and enforced on the CaRT navigations!

 

37 No bankside BBQs?

 

39 8-8 rule now formalised (at least on ML) Any chance of CaRT adopting it?

 

Note that several historic practices on the main canal network of forbidden by these byelaws - so read carefully!

On the BSS point, I suspect the MLC (like CRT) are trying to avoid having to change the byelaws (which as we can see is quite a palaver) if, for example, the name of the BSS is changed. Implicit in this is an assumption that the MLC will not abuse their power to determine what the vessel safety rules are, eg to insist on something that is disproportionate or (for example) impossible for certain types of boat to comply with. 

I imagine 7(viii) is there to stop you lighting a cigarette near to an open petrol tank. 

On 8-8, CRT implement this via their terms and conditions. I think EA Anglian have a general "no nuisance" provision but I can't remember if this is in the byelaws.

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This process is also of interest to the modern historians as it shows a process to get by laws into place and create a legal framework for action  against miscreants. 

 

It has been stated that the Middle Level had become a haven for those choosing to avoid some of the basic requirements of boating, such as maintenance commitments and licence. Whether the MLC will benefit from fees and use that revenue for navigation improvement remains to be seen.

 

Yet our society seems to have the elements that avoid any commitments but look for funding from the tax payer. The discussions on this subject indicate that may be the case and if that is so mooring on the MLC for such types should be curtailed. But then there is the crowd funding option that one couple had recently done to pay for Christmas following benefit cuts for their family!

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4 hours ago, Arthur Marshall said:

According to Nigel, who knows about these things, that is not the case. The legal justification for the 14 day rule applies only to continuous cruisers, not to those with a home mooring, who actually have no statutory right to moor up anywhere except possibly overnight. The 14 day rule applied to home moorers in the T&Cs is a concession, which, presumably, is why bits of the towpath can be defined as one or two day moorings (or no mooring at all) as CRT wishes without any further legislation.

 

From the T&Cs

image.png.0f97e3a5d61a3c32022920c60c5a218c.png

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15 minutes ago, Alan de Enfield said:

 

Using C&RTs definition of "you must cruise" meaning comply with Section 17 (3) (C) (II) 3:1 their requirement is unenforceable and not required by law for boats with a home mooring.

Without opening the same old can of worms again, can't we agree that the T&Cs generally define best boating practice and not worry too much about their legal enforceability ? 

I always (well, occasionally) find it interesting to speculate why someone with a home mooring wouldn't want to cruise while away from it. I mean , the nice thing about houses, if you want to stay in the same place, is that they mostly do. The thing about boats is that they don't. 

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9 hours ago, Athy said:

Local opinion is that they will be introduced during 2020. So, from next year, a boat travelling or mooring on the Middle Level will need a licence, which its owner must pay for. I foresee a few boats currently moored in our village (at least two of which have not moved for at least four years, except when they were untied so that dredging could take place) disappearing sharpish.

The MLC do intend to start Boat registration from next April with licences from September. If your boat is moored on private water in a marina. You only have to pay the yearly registration fee and a daily or weekly fee when out of the marina on MLC waters. (Section 5 Sub section 16).   

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1 hour ago, Heartland said:

This process is also of interest to the modern historians as it shows a process to get by laws into place and create a legal framework for action  against miscreants. 

 

It has been stated that the Middle Level had become a haven for those choosing to avoid some of the basic requirements of boating, such as maintenance commitments and licence. Whether the MLC will benefit from fees and use that revenue for navigation improvement remains to be seen.

 

Yet our society seems to have the elements that avoid any commitments but look for funding from the tax payer. The discussions on this subject indicate that may be the case and if that is so mooring on the MLC for such types should be curtailed. But then there is the crowd funding option that one couple had recently done to pay for Christmas following benefit cuts for their family!

We do have a fair number of baton tossers floating around the system who were kicked off the Cam. Who are members of the free lunch and handout club.

 

The MLC has funded the cost of boat navagation in the Fens since the1950's when trade boating stopped. Some of the costs being pumping station at Millcourt Aqueduct to top up Well Creek, Lock Keepers at Stanground and Salter Lode plus the maintenance costs of all five locks.  

1 minute ago, Sir Nibble said:

It will be interesting if, as is to be expected they fail to offer a cc licence option, to see the reaction.

We local boaters went to alot of trouble to get (Section 5 Sub section 16) included.  

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31 minutes ago, Arthur Marshall said:

I always (well, occasionally) find it interesting to speculate why someone with a home mooring wouldn't want to cruise while away from it. I mean , the nice thing about houses, if you want to stay in the same place, is that they mostly do. The thing about boats is that they don't. 

It is more about the 'loop-hole' .

 

Someone wants to float about along a short stretch of the K&A because of Kids School, the wife's monthly medical review, and the husbands work.

 

They take a £1000pa farmers field mooring in rural Derbyshire and can now quite legally (and with the support of the baton-twirlers) on the K&A moor up for 14 days (mooring A), move a mile, moor for 14 days, (mooring B  ) move back to the original mooring for 14 days (Mooring A)  ……………. repeat repeat

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