How can some get away from paying for a license

[nicknorman]

I wonder then why C&RT seem to require any insurance details at all from boaters licencing a boat, seems a strange request if it's not a requirement.

 

I'm more referring to any claims for serious injury or possibly death. If a boat is the cause of such and not insured and there's little chance of claiming from the boat owner, then the next port of call for a claim could well be C&RT

 

Any smaller claim for damage/breakage can be done through normal litigation should there be no insurance and should the aggrieved wish to pursue.

I suspect they want boats to be insured solely so they can sue the owner/operator if the latter's boat causes damage to CRT's infrastructure, and stand a chance of actually recovering the funds.

 

On the question of serious injury or death, does this ever actually happen other than to a boat's own crew? It COULD of course, but does it actually happen in reality? And of course it would have to be shown that the owner /operator was negligent or culpable in some way.

 

I suspect the most likely cause of a significant 3rd party claim is from fire damage to an adjacent boat, but that is surely pretty rare and the magnitude of such a claim is trivial compared to say maiming a child for life.

Edited July 21, 2014 by nicknorman

[Ex- Member]

On the question of serious injury or death, does this ever actually happen other than to a boat's own crew? It COULD of course, but does it actually happen in reality?

 

Well that's what insurance is for surely. I'm sure there are many scenarios where a boat could be responsible for serious injury to a person especially if being mishandled.

 

It appears as well that insurance is a legal requirement.

 

From. https://www.gov.uk/owning-a-boat/insurance

 

4. Insurance

You should check what kind of insurance you need - it depends on how and where you use your boat.

If you’re using inland waterways

You’ll usually need to have ‘third party’ insurance for at least £1 million if you have a powered boat or a houseboat.

You may also need insurance for some types of unpowered boat - check with the navigation authority that manages the waterway you want to use.

You could be prosecuted or fined if you don’t have the right insurance - the kind of penalty depends on your navigation authority.

The Canal and River Trust website has a list of insurance companies that provide boat insurance.

https://www.gov.uk/owning-a-boat/insurance

[MtB]

Only if CRT had a statutory duty to ensure boats are insured 3rd party, which as far as I know they don't.

 

 

Interesting point. CRT are entitled to require insurance as a condition of a licence, but are they obliged to require it? One for Nige I think.

 

MtB

[NigelMoore]

 

 

CRT are entitled to require insurance as a condition of a licence, but are they obliged to require it?

 

Unless there is some other legislation dealing with responsibilities of authorities in general [as well may be], the BW legislation itself does not compel them to insist on any of the mandatory requirements. Those 3 mandatory requirements [including that for Insurance] are those that permit them to refuse a licence – but they don’t have to.

 

In statutes generally there are things the authority MAY do, and others the authority SHALL do. S.17(4) provides that if any of the 3 mandatory conditions are not met, then ( c ) . . . the Board may give notice requiring the holder of the relevant consent to remedy the default . . .”

[MtB]

Very clear answer.

 

Fanx Nige!

 

 

MtB

[Felshampo]

Sadly it doesn't work like that......

I'm surprised the brass polishers havn't tried it!

 

Well that's what insurance is for surely. I'm sure there are many scenarios where a boat could be responsible for serious injury to a person especially if being mishandled.

 

It appears as well that insurance is a legal requirement.

 

From. https://www.gov.uk/owning-a-boat/insurance

 

4. Insurance

You should check what kind of insurance you need - it depends on how and where you use your boat.

 

If youre using inland waterways

Youll usually need to have third party insurance for at least £1 million if you have a powered boat or a houseboat.

You may also need insurance for some types of unpowered boat - check with the navigation authority that manages the waterway you want to use.

 

You could be prosecuted or fined if you dont have the right insurance - the kind of penalty depends on your navigation authority.

 

The Canal and River Trust website has a list of insurance companies that provide boat insurance.

 

https://www.gov.uk/owning-a-boat/insurance

My BCU membership came with third patty insurance for 2 million. So its not just powered craft. Edited July 22, 2014 by Felshampo