Jump to content

licence refused ?

CaptainBirdseye

By CaptainBirdseye
in General Boating

 Share

Featured Posts

Alan de Enfield Veteran II

Alan de Enfield

Posted
Posted

It is nothing to do with living aboard or not.

If your boat has :

 

1) A valid BSS

2) Is Insured

3) Has a Home Mooring, or you sign a CC declaration (boat without a home mooring)

 

C&RT cannot refuse to licence your boat.

 

If you are 'missing' 1, 2, or 3 then they are within their rights to refuse a licence.

 

You will find that the majority of Marinas will insist on a licence (by implcation a BSS and Insurance) before you are allowed to moor.


C&RT can revoke your licenec and refuse to re-issue it if you 'break the rules' - ie overstay, do not move enough etc.

Link to comment
Share on other sites
NigelMoore Veteran

NigelMoore

Posted
Posted

C&RT can revoke your licenec and refuse to re-issue it if you 'break the rules' - ie overstay, do not move enough etc.

 

Only in a case such as that referred to by Delta9 above, where the CC'ing requirements are one of your statutory obligations.

 

It is part of the Dunkley nonsense that the authority can revoke a licence for a boat with a home mooring for infringement of CC'ing rules. If the infringements are of legitimate regulations then the sanction available is otherwise than revocation or refusal of renewal.

Link to comment
Share on other sites
cotswoldsman Veteran II

cotswoldsman

Posted
Posted

Questions.

 

Can the Canal trust refuse to licence your boat if you live on it ?

 

No licence would mean you would have to put it in a marina for ever, or sell it ? Can they do this ?

 

Do live aboard boaters have any rights in this respect ?

I don't think liveaboards have any special rights when it comes to licencing a boat would be interested to know why you asked the question feel free to PM me if you do not want to put it in the public domain
Link to comment
Share on other sites
Alan de Enfield Veteran II

Alan de Enfield

Posted
Posted

 

Only in a case such as that referred to by Delta9 above, where the CC'ing requirements are one of your statutory obligations.

 

It is part of the Dunkley nonsense that the authority can revoke a licence for a boat with a home mooring for infringement of CC'ing rules. If the infringements are of legitimate regulations then the sanction available is otherwise than revocation or refusal of renewal.

 

Thank you for clarifying - thats sort of what my brain was telling my fingers to type, but, as usual they did what they wanted to do.

Link to comment
Share on other sites
Pete & Helen Proficient

Pete & Helen

Posted
Posted

I was talking to a guy who's been refused a licence because he was not constantly cruising, it seems strange to me that his boat is now in a marina on private water ,and never allowed out, I was told the Canal trust said they would seize it if he did. A bit harsh isn't it ?

 

They weren't been harsh then, he was breaking the rules and I am sure he had warnings that he chose to ignore.

Link to comment
Share on other sites
Mr Badger Engager

Mr Badger

Posted
Posted

I was talking to a guy who's been refused a licence because he was not constantly cruising, it seems strange to me that his boat is now in a marina on private water ,and never allowed out, I was told the Canal trust said they would seize it if he did. A bit harsh isn't it ?

 

So now he actually has a permanent mooring, why doesn't he apply for a licence on that basis?

Link to comment
Share on other sites
cotswoldsman Veteran II

cotswoldsman

Posted
Posted

I was talking to a guy who's been refused a licence because he was not constantly cruising, it seems strange to me that his boat is now in a marina on private water ,and never allowed out, I was told the Canal trust said they would seize it if he did. A bit harsh isn't it ?

Not really but I imagine he does or did have the option to fight it in court. People need to realise that CRT are taking no prisoners when it comes to boaters that do not cruise
Link to comment
Share on other sites
Paul G2 Rising Star

Paul G2

Posted
Posted

I was talking to a guy who's been refused a licence because he was not constantly cruising, it seems strange to me that his boat is now in a marina on private water ,and never allowed out, I was told the Canal trust said they would seize it if he did. A bit harsh isn't it ?

 

Did this guy happen to be named Tony?

Link to comment
Share on other sites
cotswoldsman Veteran II

cotswoldsman

Posted
Posted

The marina is non residential, so he has a home, but is not allowed to live in it, or move it anywhere else. There's no crane or lorry access. Will he will have to sell up ?

Can I suggest he talks to CRT to establish his options as they at the end of the day are the only ones that can tell him
Link to comment
Share on other sites
Paul C Veteran II

Paul C

Posted
Posted

The marina is non residential, so he has a home, but is not allowed to live in it, or move it anywhere else. There's no crane or lorry access. Will he will have to sell up ?

 

No, he could keep the boat but give up living on it, and rent/buy a house. Or, several other housing options are available too. Without the CRT licence, then it sounds like he's blown his chance of living on a boat though. But as cotswoldman says, talk to CRT since they may give options such as licence renewal on home mooring basis, then change home moorings to one more suitable for his needs. There's plenty of people who live on a boat and have a non-resedential home mooring, and cope with the problems/issues this generates.

Link to comment
Share on other sites
junior Veteran

junior

Posted
Posted (edited)

I was talking to a guy who's been refused a licence because he was not constantly cruising, it seems strange to me that his boat is now in a marina on private water ,and never allowed out, I was told the Canal trust said they would seize it if he did. A bit harsh isn't it ?

Not really, no.

Edited by junior
Link to comment
Share on other sites
junior Veteran

junior

Posted
Posted

A friend of mine was refused renewal on his license as a CC'r because they didn't think had been moving around enough. He was told he would need a home mooring to be able to get another licence.

It seems your friend was given an option then rather than a flat refusal. So I wonder if the OP's 'friend' has been given that option also and that is how he has ended up with a home mooring in the marina? If so, surely he would have done what they asked and they could issue a licence?

 

Unless of course the OP' friend ignored them at the point when they gave options and it has now gone beyond that to a point where he/she now has none. If that is the case I would hardly say the situation is harsh.

Link to comment
Share on other sites
Mr Badger Engager

Mr Badger

Posted
Posted

I was talking to a guy who's been refused a licence because he was not constantly cruising, it seems strange to me that his boat is now in a marina on private water ,and never allowed out, I was told the Canal trust said they would seize it if he did. A bit harsh isn't it ?

 

He could take out a licence with another navigation authority and make a dash for their waters overnighting in marinas or remote countryside. I doubt that CRT have got the marina entrance staked out.

Link to comment
Share on other sites
cotswoldsman Veteran II

cotswoldsman

Posted
Posted

 

He could take out a licence with another navigation authority and make a dash for their waters overnighting in marinas or remote countryside. I doubt that CRT have got the marina entrance staked out.

Hehe he could leave the marina keep a very low profile and join the four percenters :)
Link to comment
Share on other sites
Paul C Veteran II

Paul C

Posted
Posted

If he sold that boat and got another one in the future can they refuse to licence that one too on the basis of his past misdemeanors ?

 

Yes, if they also obtained an injunction preventing the boater from holding a licence in the future. In previous typical court cases CRT have done this, since it closes up a loophole of simply swapping boats then going on to reoffend.

Link to comment
Share on other sites
NigelMoore Veteran

NigelMoore

Posted
Posted

 

He could take out a licence with another navigation authority and make a dash for their waters overnighting in marinas or remote countryside. I doubt that CRT have got the marina entrance staked out.

 

He wouldn't have to make a dash for it. They couldn't seize the boat in less than 28 days notice, and if he was en-route out of the jurisdiction then he would be in the process of complying even with what the s.8 sought to accomplish.

 

At most, he could be hit with a £100 fine for breaching the relevant byelaw of being on the water without a licence, or [if on a scheduled river] £50 and a fiver per day of unregistered use following conviction.

 

 

Yes, if they also obtained an injunction preventing the boater from holding a licence in the future. In previous typical court cases CRT have done this, since it closes up a loophole of simply swapping boats then going on to reoffend.

 

That's a new one on me, not that I've read them all, but in which published instances have court orders prevented a boater from holding a licence in the future?

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing

  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.