Live-aboard but no residential moorings.

[romarni123]

In a previous discussion, Chris Pink tried to debunk the argument that s43 of the Transport Act gives BW wide ranging powers to make such rules as they think fit, by suggesting that in that case, they could require all boats to be painted lime green.

Thanks I thought there were lime green boats and could not work out why i had not seen one (i put it down to dick head mode)

 

Thanks I thought there were lime green boats and could not work out why i had not seen one (i put it down to dick head mode)

Me that is not chris

[OffGridManc]

In answer to the origianl posters question.

I think you will find (although DAVE will disagree tooth and nail ) that so long as you have paid for a lisence and dont over over stay and move around a bit you will be ok.

IM going to get spat at for saying this but a month here and there then move on isnt taking the mick its just a reality.

Just make sure you plan your winter mooring area carefully.

Although when you do move on move on a fair distance not a few hundred meters.

Edited February 3, 2010 by OffGridManc

[carlt]

I said that they could make such a rule, but that it would be overturned by a court.

If they ever dared enforce it

[Naughty Cal]

In answer to the origianl posters question.

I think you will find (although DAVE will disagree tooth and nail ) that so long as you have paid for a lisence and dont over over stay and move around a bit you will be ok.

IM going to get spat at for saying this but a month here and there then move on isnt taking the mick its just a reality.

Just make sure you plan your winter mooring area carefully.

Although when you do move on move on a fair distance not a few hundred meters.

 

Spitting now.

[Smelly]

Was the question too difficult?

 

can you point me at some legislation that makes it BW's responsibility to provide for the needs of travellers?

 

I wonder whether the national assistance act 2004 might give a local authority some jurisdiction to compel bw to action...

 

Just a thought mind, I'm not too familiar with most of it.

 

Carl... the CPr were revised in the mid noughties. I think 04 as well. Wierd huh?

[carlt]

IM going to get spat at for saying this but a month here and there then move on isnt taking the mick its just a reality.

I'm going to disagree with you now, OGM.

 

The law is quite clear that you must have a permanent mooring, or other place available, where you can keep your boat, or move at least every14 days.

 

There is little disagreement in that (though some believe it is unfair).

 

Carl... the CPr were revised in the mid noughties. I think 04 as well. Wierd huh?

Oh goodie, more reading

[OffGridManc]

I'm going to disagree with you now, OGM.

 

The law is quite clear that you must have a permanent mooring, or other place available, where you can keep your boat, or move at least every14 days.

 

There is little disagreement in that (though some believe it is unfair).

 

 

Oh goodie, more reading

 

What if you do have a mooring but choose not to live on it?

I just mean sometimes when you might no be able to move on in 14 days.

Personally I would just move on anyway.

I didnt think it was a ''law'' Carl?

Edited February 3, 2010 by OffGridManc

[Smelly]

Oh goodie, more reading

 

 

Don,t worry, it'll take Dave a while to wade through theNAA

[Smelly]

Just a thought but I wonder whether disturbing all those kids' education might invoke A1P2 ECHR?

[magpie patrick]

Just a thought but I wonder whether disturbing all those kids' education might invoke A1P2 ECHR?

 

Smelly, dare I suggest that you and I both start "quasi-lawyers-world.net" as we both tend to get the other one reaching for the statute book (at least we read the damn things before commenting!)

[carlt]

Smelly, dare I suggest that you and I both start "quasi-lawyers-world.net" as we both tend to get the other one reaching for the statute book (at least we read the damn things before commenting!)

Err...so do I.

 

I expect Dave does to (in fact I'm sure he does) but we all use a different set of eyes.

 

I didnt think it was a ''law'' Carl?

British Waterways Act Section 17(3)© says:

(3) Notwithstanding anything in any enactment but subject to subsection (7) below, the Board may refuse a relevant consent in respect of any vessel unless—

 

© either—

 

(i) the Board are satisfied that a mooring or other place where the vessel can reasonably be kept and may lawfully be left will be available for the vessel, whether on an inland waterway or elsewhere; or

 

(ii) the applicant for the relevant consent satisfies the Board that the vessel to which the application relates will be used bona fide for navigation throughout the period for which the consent is valid without remaining continuously in any one place for more than 14 days or such longer period as is reasonable in the circumstances.

[mayalld]

In answer to the origianl posters question.

I think you will find (although DAVE will disagree tooth and nail ) that so long as you have paid for a lisence and dont over over stay and move around a bit you will be ok.

IM going to get spat at for saying this but a month here and there then move on isnt taking the mick its just a reality.

 

No, it's taking the mick.

 

The rule is 14 days.

 

Persistently staying on a mooring longer, and in many cases staying until moved on isn't "just reality", it is abusing the system by taking whatever you can get away with, without regard for other users of the system.

[Sir Nibble]

Spoke to a certain boater who said he had several hundred pounds worth of overstaying fines that he refused to pay taken out of his licence fee leaving him unlicenced. At the end of the day BW have you by the short and curlies unless you try to take them to court?

Craned and crushed tout suit I hope. Mainly because anyone with hundreds of pounds worth of overstaying charges is evidencing a breathtakingly selfish me-first disregard of the needs and right of anyone and everyone else.

Now, who would like to defend this chap, after all, it's the way the canals are being used now that counts, got to move with the times. Maybe award him a pension for pioneering spirit.

 

In answer to the origianl posters question.

I think you will find (although DAVE will disagree tooth and nail ) that so long as you have paid for a lisence and dont over over stay and move around a bit you will be ok.

IM going to get spat at for saying this but a month here and there then move on isnt taking the mick its just a reality.

Just make sure you plan your winter mooring area carefully.

Although when you do move on move on a fair distance not a few hundred meters.

People are currently at risk of losing their boats for following advice like that.

[OffGridManc]

Spitting now.

Your are moored on a river whats it to you anyway?

 

No, it's taking the mick.

 

The rule is 14 days.

 

Persistently staying on a mooring longer, and in many cases staying until moved on isn't "just reality", it is abusing the system by taking whatever you can get away with, without regard for other users of the system.

 

It was a tounge and cheek reply as many people do exactly this ''in reality''

Its not advice its how it is you know it I know it and BW do.

People dont just loose their boats they get fair warning.

Dave you are becoming tired mate.

Peope are getting nothing for nowt they are paying and BW are not providing moorings.

Its not effecting anyone else when the boater is considerate of others.

Not everyone is a CC moorer another reality for you.

Use your tar brush along with the rest of them who target others for your boats.

 

Craned and crushed tout suit I hope. Mainly because anyone with hundreds of pounds worth of overstaying charges is evidencing a breathtakingly selfish me-first disregard of the needs and right of anyone and everyone else.

Now, who would like to defend this chap, after all, it's the way the canals are being used now that counts, got to move with the times. Maybe award him a pension for pioneering spirit.

 

 

People are currently at risk of losing their boats for following advice like that.

 

Show evidence of anyone staying a week over 2 weeks Sir Nibble loosing their boat.

But you cant as it dont exist!

Boaters who really do take the mick do so knowing the consequences and in the end get caught a situation which is frankly no one elses business.

There is a diference between CC moorers and people who are stuck in the middle so to speak you know.

And still no real hard numbers and facts provided by anyone to support the seriousness of this so called offence!

Edited February 4, 2010 by OffGridManc

[Smelly]

Smelly, dare I suggest that you and I both start "quasi-lawyers-world.net" as we both tend to get the other one reaching for the statute book (at least we read the damn things before commenting!)

 

Wouldn't it get boring with the four of us pacing around all day?

[Smelly]

There's a little something I need to fix...

 

I'm sure it's been said before, but welcome to the board OGM.

 

[quote name='mayalld' date='Feb 3 2010, 08:46 PM' post='485034)

 

The rule is 14 days.

 

 

 

No it isn't.

 

You've forgotten the reasonable bit Dave, therein lies the dilemma...

[mayalld]

It was a tounge and cheek reply as many people do exactly this ''in reality''

Its not advice its how it is you know it I know it and BW do.

People dont just loose their boats they get fair warning.

Dave you are becoming tired mate.

Peope are getting nothing for nowt they are paying and BW are not providing moorings.

Its not effecting anyone else when the boater is considerate of others.

 

I pay BW £45 a month, over and above my licence, and over and above what I pay to my landlord.

 

For this I get nothing other than the right to remain moored in a particular place for as long as I want.

 

Others are remaining moored in a particular place for as long as they want, and not paying a penny for it.

 

I fully appreciate that BW don't deal with it properly. Are you suggesting that because BW don't police it properly, it is somehow OK?

[Naughty Cal]

Your are moored on a river whats it to you anyway?

 

Same rules apply, only the problem is often exagerrated as BW dont own all of the banks, therefore you are often only allowed to moor at recognised moorings spots. Again these are often filled with the same boats week in week out.

 

The only saving grace is the anchor at times.

 

Peope are getting nothing for nowt they are paying and BW are not providing moorings.

 

They chose not to take a mooring.

[OffGridManc]

I pay BW £45 a month, over and above my licence, and over and above what I pay to my landlord.

 

For this I get nothing other than the right to remain moored in a particular place for as long as I want.

 

Others are remaining moored in a particular place for as long as they want, and not paying a penny for it.

 

I fully appreciate that BW don't deal with it properly. Are you suggesting that because BW don't police it properly, it is somehow OK?

 

So join them?

[mayalld]

So join them?

 

I don't wish to.

 

I prefer to play by the rules.

[OffGridManc]

Same rules apply, only the problem is often exagerrated as BW dont own all of the banks, therefore you are often only allowed to moor at recognised moorings spots. Again these are often filled with the same boats week in week out.

 

The only saving grace is the anchor at times.

 

 

 

They chose not to take a mooring.

 

Their choice is not as black and white as you paint it though is it?

There is a matter of cost involved.

Then there is the matter that they may well not like the moorings that are on offer.

Then God forbod their is the freedom of choice the choice not to have one or to have one thats ideal but not official.

What such terrible people they much keep you up all night long.

[mayalld]

Their choice is not as black and white as you paint it though is it?

There is a matter of cost involved.

Then there is the matter that they may well not like the moorings that are on offer.

Then God forbod their is the freedom of choice the choice not to have one or to have one thats ideal but not official.

 

I don't like the space on the street where I park my car.

 

God forbid that you should object if I exercise my freedom of choice and park it on your drive.

[Naughty Cal]

Their choice is not as black and white as you paint it though is it?

There is a matter of cost involved.

Then there is the matter that they may well not like the moorings that are on offer.

Then God forbod their is the freedom of choice the choice not to have one or to have one thats ideal but not official.

What such terrible people they much keep you up all night long.

 

Ah, so they can do what they like because they cant afford the lifestyle. Sorry but its tough sh*t. Those that play by the rules have more costs to foot than those attaching themselves to a prime piece of towpath and refusing to let go. Every boater in the country has to foot the price of the costs to legally keep a boat.

 

As for not liking the moorings on offer, since when was there anything saying we would all be given our perfect mooring.

 

You live on cloud cuckoo dear.

[Lady Muck]

I get the impression that not many of you actually talk to these people.

 

I make a point of getting to know to my London towpath mooring neighbours. The vast majority want moorings (infact it's usually the first thing they ask about) and would be happy to pay what we are paying (£3k a year), infact not so long ago, the towpath moorers who we sublet to this summer for five months, moved to a permanent residential mooring that we had heard about, costing about £5k a year.

 

It's not that long ago, if you bought a boat, you'd have an average wait of about two or three years til a mooring came up (most of my marina neighbours would confirm this). Now its alot harder and many boaters didn't realise this when they bought.

 

As someone else said, what are they actually getting away with? It's not really that much fun getting your bike stolen from the roof, having all your windows smashed by stones or your plants thrown in off the roof.

[mayalld]

I get the impression that not many of you actually talk to these people.

 

I make a point of getting to know to my London towpath mooring neighbours. The vast majority want moorings (infact it's usually the first thing they ask about) and would be happy to pay what we are paying (£3k a year), infact not so long ago, the towpath moorers who we sublet to this summer for five months, moved to a permanent residential mooring that we had heard about, costing about £5k a year.

 

Residential moorings are available in the area, so that can't be the problem