Is this legal?

[carlt]

Having bow-hauled more than my fair share of boats I wouldn't dream of running on someone's roof or even walking their gunwales without first knocking and asking.

 

If nobody was on board I would walk their gunwales, taking the rope around any obstacles, rather than over them.

 

A little common courtesy is a lot easier than chucking around Waterways Act quotes about hindering navigation.

[Sir Nibble]

If you intend to moor between Hungerford and Kintbury call the Kennet Horse Boat Company 01488 658 866 and ask if any trips are imminent then pass on the info to your neighbours.

 

Alan

I am going this way shortly. I shall be sure to spread some stout netting tied down to the roof to be CERTAIN that anyone trying to run across it will fall. I shall of course display a sign to warn of the hazard.

 

Actually, hang on a minute. If someone jumps onto your boat and climbs onto the roof are you not entitled to use reasonable force to remove them? (Over the side you go chum!) The boat and towline exist as a reason to do so but so does a drug habit that needs feeding by theft.

[alan_fincher]

I am going this way shortly. I shall be sure to spread some stout netting tied down to the roof to be CERTAIN that anyone trying to run across it will fall. I shall of course display a sign to warn of the hazard.

Isn't this a case where you should be setting up that row of proposed bee hives on your roof ?

[Sir Nibble]

Isn't this a case where you should be setting up that row of proposed bee hives on your roof ?

I like bees, but I'm not taking the bloody things on holiday!

The idea REALLY appeals mind!

Has anyone thought to bowhaul past the horse boat on it's mooring and run over his roof scrapping the water heater flu or whatever en route?

[GSer]

I like bees, but I'm not taking the bloody things on holiday!

The idea REALLY appeals mind!

Has anyone thought to bowhaul past the horse boat on it's mooring and run over his roof scrapping the water heater flu or whatever en route?

 

 

Unfortunately it moors between two bouys towards the offside in the mouth of the Dundas stream.

 

 

Paul

[Sir Nibble]

Unfortunately it moors between two bouys towards the offside in the mouth of the Dundas stream.

 

 

Paul

Not when embarking passengers it doesn't.

[Daftmare]

Going back to the original post, the sign in question is under the bridge, off the main visitor moorings, opposite the Vicarage. I did not see any sign on the other side of the bridge for those mooring at the official BW visitor moorings. We moored there over the bank holiday, right in front of the sign. Never saw a horse drawn boat come past. In fact, the horse drawn boat did not come up through Kintbury lock, and when it does, we have seen it turn in the winding hole before the bridge! (I am happy to be corrected).

 

Jo

[tomsk]

This Operator is a bad person and needs an atitude adjustment, as does 'The Boaters Friend' BW

[BlueStringPudding]

To display the sign may be legal, but to use it as a defence, in law would be pointless. Acknowledging that someone's activity may cause damage to someone elses property does not indemnify them.

 

Indeed it may harm their defence.

 

Excellent point. To that extent, I might put a sign outside my boat saying "If the owner of this boat perceives that you are behaving like a twat, you may be slapped. Twattishness is undertaken at your own risk" That'll stand up in court, no probs.

[Bones]

This Operator is a bad person and needs an atitude adjustment, as does 'The Boaters Friend' BW

 

 

OOoh the opportunity to be a bad person.... AND attitude adjustment... where does one apply to be 'The Boaters Friend'?

[tomsk]

OOoh the opportunity to be a bad person.... AND attitude adjustment... where does one apply to be 'The Boaters Friend'?

 

You cannot 'apply', the post is honourific.

[carlt]

OOoh the opportunity to be a bad person.... AND attitude adjustment... where does one apply to be 'The Boaters Friend'?

 

Here:

 

Come over to the darkside clicky.

[tomsk]

Here:

 

Come over to the darkside clicky.

 

 

Too, too horrible

[laural]

Errrr...let's try the British Waterways Act 1995, Part III, Article 18 (1): No person shall moor or otherwise leave a vessel on an inland waterway so as to cause [sic] obstruction or hindrance to navigation...

 

Then there are the BWB Bye-Laws which are made pursuant to the powers of the British Transport Commission Act 1954. In Art 32 it says that "no person using the towing path on any canal shall obstruct, interfere with or hinder the towing or navigation of any vessel on the canal and such person shall permit any person engaged in towing or navigating any vessel and any horse or vehicle used for such purpose to pass on the side of the towing path nearer to the canal."

 

There is also Art 7, a requirement to have goods and equipment stowed so that it cannot be washed or swept into the canal.

 

So take your pick. There's nothing wrong with putting whatever you like on the roof of your boat but if it obstructs another vessel passing by then it is illegal (and actually can incur a Level 3 fine).

 

 

Errrr so i will screw pots and roof storage down so it does not end up in the water thats act 7 sorted.

If a boat is legally moored and mooring has been payed for BW have indirectly admitted the boat is suitably moored by providing mmoring.

 

The passing vessel must prove all means were used to pass to prove a case without causing damage otherwise a counter claim can be made.

If the boat has managed to move then no obstruction has ben caused.

 

Pleeease...

Edited June 10, 2008 by laural

[echo801]

Unfortunately it moors between two bouys towards the offside in the mouth of the Dundas stream.

 

 

Paul

 

HA!

They actually moor their boat across a winding hole. It's the only winding hole that can take a craft over 55' for miles.

It means that if you wish to (for example) cruise from Hungerford to the Dundas Arms for a spot of lunch you then have to travel another 4 or 5 miles or so to turn round.

Yes. They actually moor across a winding hole: there are permanent mooring buoys there; they have a designated mooring on the towpath side, but only use it to pick up passangers; the BW sign indicating a winding hole has been removed:when I complained to the Enforcement Officer he shrugged and said, "Well they bring a lot of trade into the area".

So it would appear that some people are more enforced against than others.

 

 

 

 

 

In fact I'm so ticked off about the hypocrisy I'll start this as another thread.

[carlt]

If that's not their designated mooring I wonder what would happen if someone else picked it up, for a fortnight?

[GSer]

If that's not their designated mooring I wonder what would happen if someone else picked it up, for a fortnight?

 

 

I think it may be classed as a mooring situated in the Dundas stream IE private, i'm not sure that is a winding hole, despite what the map says, the winding hole is opposite the Rectory above the lock or below the next lock towards Newbury. The exit and entry of the dundas stream from the canal are used for winding but I don't recall any official BW signs confirming there status.

 

Paul

[stort_mark]

Ive just re read the 1995 act and it quite clearly states 'Hindering any person or vehicle'!!!! no mention at all of our equine friends or other beasts of burden so does this mean horses are indeed no longer welcome on canal tow paths

 

I actually quoted it verbatim where it makes no mention of perosn or vehicle, simply hindrance to navigation. The bye-laws do the same.

 

The sign could be worded better ,

 

Don't disagree with that.

 

Errrr so i will screw pots and roof storage down so it does not end up in the water thats act 7 sorted.

That would probably do the job.

 

If a boat is legally moored and mooring has been payed for BW have indirectly admitted the boat is suitably moored by providing mmoring.

...unless they provide a sign explicitly warning otherwise, of course.

 

The passing vessel must prove all means were used to pass to prove a case without causing damage otherwise a counter claim can be made.

If the boat has managed to move then no obstruction has ben caused.

And where in the legal canon did that little nugget of nonsense come from????