private mooring fees?

[Jim Riley]

44 minutes ago, Higgs said:

 

Yes, safe to say, those are the points I am continually trying to express. But, obviously, not for the road.

 

Go on.

 

 

 

 

However, even safer to say, if the race track wanted to ensure some competence they may require drivers to have a licence and include it in the T&cs of playing on their race track. 

[Higgs]

14 minutes ago, mayalld said:

Perhaps you should read the rest of the post?

 

 

What for? Are you thinking of trying to make some comparison between F1 and mooring. I fail to get the connection. No pun intended.

 

 

5 minutes ago, Jim Riley said:

However, even safer to say, if the race track wanted to ensure some competence they may require drivers to have a licence and include it in the T&cs of playing on their race track. 

 

Are you bonkers? Show me your competence certificate, required for owning and using a narrowboat. 

 

 

Edited March 19, 2020 by Higgs

[mayalld]

5 minutes ago, Higgs said:

 

What for? Are you thinking of trying to make some comparison between F1 and mooring. I fail to get the connection. No pun intended.

 

 

 

Well, if you read the rest of the post, you might see.

 

To make it simple for you;

 

A marina makes you have a CRT licence that there is no legal requirement for in order to buy a mooring from them

 

FIA makes you have a car driving licence that there is no legal requirement for in order to buy an F1 permit from them

 

Can you see the similarity?

[Higgs]

5 minutes ago, mayalld said:

 

Well, if you read the rest of the post, you might see.

 

To make it simple for you;

 

A marina makes you have a CRT licence that there is no legal requirement for in order to buy a mooring from them

 

FIA makes you have a car driving licence that there is no legal requirement for in order to buy an F1 permit from them

 

Can you see the similarity?

 

Well, we're not dealing with F1. 

 

I don't think the idea of a SORN, and its function, is anything you'd wish to compare to the situation of the offline, private parking of a narrowboat. So, why should I wish to entertain the idea of F1 requirements?

 

 

Edited March 19, 2020 by Higgs

[MtB]

7 minutes ago, mayalld said:

Well, if you read the rest of the post, you might see.

 

 

But obviously not, it turns out....

 

"There are none so blind as those who will not see", as some idiom once said.

 

 

 

The most deluded people are those who choose to ignore what they already know. 

 

 

[Higgs]

1 minute ago, Mike the Boilerman said:

 

But obviously not, it turns out....

 

"There are none so blind as those who will not see", as some idiom once said.

 

 

 

The most deluded people are those who choose to ignore what they already know. 

 

 

 

Have you read your own signature? 

 

 

[Jim Riley]

34 minutes ago, Higgs said:

 

What for? Are you thinking of trying to make some comparison between F1 and mooring. I fail to get the connection. No pun intended.

 

 

 

Are you bonkers? Show me your competence certificate, required for owning and using a narrowboat. 

 

 

Me? Bonkers? well yes totally, but not in this case.

Don't pretend to be thick all your life, I was being analogous, as you know. Don't wriggle away from uncomfortable facts when you are beaten in argument. The driving licence is analogous to the boat licence.

[Higgs]

5 minutes ago, Jim Riley said:

Me? Bonkers? well yes totally, but not in this case.

Don't pretend to be thick all your life, I was being analogous, as you know. Don't wriggle away from uncomfortable facts when you are beaten in argument. The driving licence is analogous to the boat licence.

 

And when did you take your test?

 

Not the bonkers one, you've passed that - with flying colours. 

 

 

Edited March 19, 2020 by Higgs

[David Mack]

The law does not require a tram driver to have a driving licence, even though trams are driven on public streets (because at the time licences were introduced for drivers of powered road vehicles, there weren't many tram systems remaining, and they already had processes in place for driver training and qualification). But as a matter of practice, all of the current UK tram operators require that tram driver recruits have a driving licence before they are accepted for training.

[Higgs]

 

I should think that a good few, if they had to pass a test to use a narrowboat, would get no further than a provisional. That would kind of mess the CRT requirement for a licence. Extra, extra added requirements, to satisfy the law. 

 

You cannot pass beyond the entrance of the marina, and you cannot be granted a licence. You'll just have to stay inside the marina - and moor. 

 

 

 

Edited March 19, 2020 by Higgs

[mayalld]

47 minutes ago, Higgs said:

 

Well, we're not dealing with F1. 

 

I don't think the idea of a SORN, and its function, is anything you'd wish to compare to the situation of the offline, private parking of a narrowboat. So, why should I wish to entertain the idea of F1 requirements?

 

 

 

Well of course you wouldn't wish to entertain it dear boy.

 

It is an inconvenient truth doesn't help your "argument"

[Higgs]

2 minutes ago, mayalld said:

 

Well of course you wouldn't wish to entertain it dear boy.

 

It is an inconvenient truth doesn't help your "argument"

 

I know you've got more brain cells than that post would indicate. 

 

 

[TheBiscuits]

1 hour ago, Higgs said:

I don't think the idea of a SORN, and its function, is anything you'd wish to compare to the situation of the offline, private parking of a narrowboat.

It sounds an ideal comparision to me.

 

If I SORN a vehicle, it can NOT be stored on private land where a licence IS required, for example a supermarket car park.  It must be stored on different private land where no licence is required.

 

How do you think this is any different to saying that you need a boat licence in some marinas but not in others.

[Jim Riley]

52 minutes ago, Higgs said:

 

And when did you take your test?

 

Not the bonkers one, you've passed that - with flying colours. 

 

 

 

There you go again, conflating different ideas! Driving test 1972, boat licence never.

 

Can I have a badge please, shiny with gold stars and a special hat to match?

 

I do appreciate your fortitude in a lost battle @Higgs , much like this chap

 

 

[Higgs]

23 minutes ago, TheBiscuits said:

It sounds an ideal comparision to me.

 

If I SORN a vehicle, it can NOT be stored on private land where a licence IS required, for example a supermarket car park.  It must be stored on different private land where no licence is required.

 

How do you think this is any different to saying that you need a boat licence in some marinas but not in others.

 

Do you mean - that the law requires. Or, because of some business arrangement, where it is agreed as a sweetener, to facilitate the establishment of a business. 

 

 

Edited March 19, 2020 by Higgs

[Higgs]

 

Dear Mr Riley,

 

You have successfully made it onto the ignore list. Hope you will be happy, in your new home. I have fluffed up the straw for you. 

 

 

[Jim Riley]

15 minutes ago, Higgs said:

 

Dear Mr Riley,

 

You have successfully made it onto the ignore list. Hope you will be happy, in your new home. I have fluffed up the straw for you. 

 

 

Phew! Wonderful. I see the sense of humour excision worked for you. No peeking now. 

Edited March 19, 2020 by Jim Riley

[Mike Todd]

1 hour ago, Higgs said:

 

I should think that a good few, if they had to pass a test to use a narrowboat, would get no further than a provisional. That would kind of mess the CRT requirement for a licence. Extra, extra added requirements, to satisfy the law. 

 

You cannot pass beyond the entrance of the marina, and you cannot be granted a licence. You'll just have to stay inside the marina - and moor. 

 

 

 

Not moor - 'cos that requires a licence. You will have to go on a hard standing!

44 minutes ago, Higgs said:

 

Do you mean - that the law requires. Or, because of some business arrangement, where it is agreed as a sweetener, to facilitate the establishment of a business. 

 

 

Since contract law exists, then it is reasonable to say that a licence in a marina is a legal requirement (because it is in the contract , both NAA and Moorer) if not a statutory one. There are plenty of things in life that are necessary but not explicitly statutory.

[Higgs]

1 hour ago, Mike Todd said:

Since contract law exists, then it is reasonable to say that a licence in a marina is a legal requirement (because it is in the contract , both NAA and Moorer) if not a statutory one. There are plenty of things in life that are necessary but not explicitly statutory.

 

It is correct to say, a contract exists. It is correct to say, a marina can make terms and conditions. It is not correct to say that the contract can dictate the law that only applies outside of a marina, and make it applicable inside a marina. The law that is applied to the use of a licence is not drawn up for its use in a marina. 

 

If you wish to point out that the marina can dictate the law, according to law governing the use of a licence , then, the law must have made the marina, CRT. Is that written in the contract?

 

 

 

Edited March 19, 2020 by Higgs

[WotEver]

Just now, Higgs said:

If you wish to point out that the marina can dictate the law...

But it can, my dear Higgs. It’s encompassed within contract law. 

[Higgs]

1 minute ago, WotEver said:

But it can, my dear Higgs. It’s encompassed within contract law. 

 

So, the contract law overrules the statutory law?

 

 

[WotEver]

Just now, Higgs said:

 

So, the contract law overrules the statutory law?

 

 

It doesn’t need to because it doesn’t contradict it 

[Mike Todd]

4 minutes ago, Higgs said:

 

It is correct to say, a contract exists. It is correct to say, a marina can make terms and conditions. It is not correct to say that the contract can dictate the law that only applies outside of a marina, and make it applicable inside a marina. The law that is applied to the use of a licence is not drawn up for its use in a marina. 

 

If you wish to point out that the marina can dictate the law, according to law governing the use of a licence , then, the law must have made the marina, CRT. Is that written in the contract?

 

 

 

You go too far: the contract between a marina and a moorer only dictates that they have a licence. All issues to do with how it used, whether boaters comply with its T&C's etc etc are entirely under the statutory role of CaRT. (even if you think that the T&C's are not statutory!) Still have to have a licence, even if you do nothing with it.

[Higgs]

5 minutes ago, Mike Todd said:

You go too far: the contract between a marina and a moorer only dictates that they have a licence. 

 

If Tescos asked you for your boat licence, would that be a plausible reason for them to assume the legal status they don't have? More to the point - would you find that acceptable?

 

 

 

Edited March 19, 2020 by Higgs

[Higgs]

7 minutes ago, WotEver said:

It doesn’t need to because it doesn’t contradict it 

 

You define the legal authority that gives the marina that status in a Waterway's Act. It contradicts the statutory reason for needing a licence.