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Definition of home mooring


Delta9

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As far as I can see, the legal definition of home mooring is: "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"

 

Nothing in that suggests that I need to ay to secure a specific mooring for the time I am not using it.

 

There are quite a few marinas in my area and I recently enquired at one of them to be told "you don't need to book, you can just turn up, we will always have space to fit you in"

 

My friend also tells me that if needed I can always get my boat lifted out and store it on in his yard.

 

These seem to me to fit the definition of a home mooring.

 

Would I be right in thinking that CRT are unable to refuse a licence to a boat with a home mooring?

 

If so, could any CC'er refused a licence simply state "my Dad says I can store the boat in his garden any time I need to" or "xxxx marina say they always have space there to store my boat if needed"

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No, because you are purchasing a standard boat licence and have to declare that you have a boat with NO home mooring, and will abide by those rules and guidelines. The term CC-ER is a new invention and there is no such thing as a CC licence.

Edited by matty40s
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No, because you are purchasing a standard boat licence and have to declare that you have a boat with NO home mooring, and will abide by those rules and guidelines. The term CC-ER is a new invention and there is no such thing as a CC licence.

I didn't claim that there was such a thing as a "cc licence".

 

If a boater that has declared "no home mooring" is refused a licence, surely they can re-apply for a licence declaring that they have a home mooring and CRT would be unable to refuse.

 

The home mooring they declare could be a friends garden/yard or a marina that says they "always have space to fit you in"

 

There doesn't seem to be a requirement to pay for a mooring that you are not using as long as you have somewhere that you can store the vessel when not using it, whether on an inland waterway or elsewhere.

Edited by Delta9
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As far as I can see, the legal definition of home mooring is: "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"

 

Nothing in that suggests that I need to ay to secure a specific mooring for the time I am not using it.

 

There are quite a few marinas in my area and I recently enquired at one of them to be told "you don't need to book, you can just turn up, we will always have space to fit you in"

 

My friend also tells me that if needed I can always get my boat lifted out and store it on in his yard.

 

These seem to me to fit the definition of a home mooring.

 

Would I be right in thinking that CRT are unable to refuse a licence to a boat with a home mooring?

 

If so, could any CC'er refused a licence simply state "my Dad says I can store the boat in his garden any time I need to" or "xxxx marina say they always have space there to store my boat if needed"

CRT have this pretty much covered. To them, you would have a ghost mooring. You would need to have been spotted there several times in your licence year.

I feel it's one that only a judge can decide on.

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I think that although it is a silly subject, the poster has a point.

What if you have a place that you can go to or even places these are basically home moorings in respect of wherever I lay my hat.

A lot of boaters who CC in the summer spend the winter in a Marina not necessarily the same one .

The Marina is not known until maybe September.

So declaring CC or Home Mooring will make a big financial difference to his annual finances.

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CRT have this pretty much covered. To them, you would have a ghost mooring. You would need to have been spotted there several times in your licence year.

I feel it's one that only a judge can decide on.

Is there any legal requirement for that?

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I didn't claim that there was such a thing as a "cc licence".

 

If a boater that has declared "no home mooring" is refused a licence, surely they can re-apply for a licence declaring that they have a home mooring and CRT would be unable to refuse.

 

The home mooring they declare could be a friends garden/yard or a marina that says they "always have space to fit you in"

 

There doesn't seem to be a requirement to pay for a mooring that you are not using as long as you have somewhere that you can store the vessel when not using it, whether on an inland waterway or elsewhere.

Perhaps you should have said that in your OP, I can only comment on what you wrote, not what is in your mind.

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1995 act:

 

"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"

 

So the board won't be satisfied that the vessel can reasonably be kept... in your mate's field etc. The law does seem to put the ball in their court as it only for them to be "satisfied", not you.

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1995 act:

 

"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"

 

So the board won't be satisfied that the vessel can reasonably be kept... in your mate's field etc. The law does seem to put the ball in their court as it only for them to be "satisfied", not you.

Why would the board not be satisfied? My mate Dave says I can stick it in his field if I need to. I can reasonably stick the vessel in his field. I can lawfully stick the vessel in his field. What would be their objection?

Isn't this just another method of seeking to 'get round' the rules we all know exist ?

Rog

Quite the opposite. It is seeking to stick 100% within the law we all know exists.

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Why would the board not be satisfied? My mate Dave says I can stick it in his field if I need to. I can reasonably stick the vessel in his field. I can lawfully stick the vessel in his field. What would be their objection?

They wouldn't be satisfied because it is clearly a ruse to get around needing to have a home mooring whilst not wishing to comply with the CC rules - ie a desire to be a CMer. I think their case would boil down to the impracticality of having to crane the boat out each time you left it which would mean that in practice you wouldn't do it. A clear attempt to evade the law.

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They wouldn't be satisfied because it is clearly a ruse to get around needing to have a home mooring whilst not wishing to comply with the CC rules - ie a desire to be a CMer. I think their case would boil down to the impracticality of having to crane the boat out each time you left it which would mean that in practice you wouldn't do it. A clear attempt to evade the law.

It's not a ruse though, or an attempt to evade the law. If I had to go away for six months to work abroad it would be cheaper for me to pay for a lift out and stick the boat in Dave's field than it would to pay for a marina mooring for that period. Seems perfectly reasonable to me. While I'm out cruising I have no use for the mooring so there seems no point in paying for a marina to keep a space open when Dave's field is just down the road.

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1995 act:

 

"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"

 

So the board won't be satisfied that the vessel can reasonably be kept... in your mate's field etc. The law does seem to put the ball in their court as it only for them to be "satisfied", not you.

Your making Assumption.

If he came up with the paperwork that stated from "his mate" that he had a mooring to leave the boat when not in use, the board would have to accept that.

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They wouldn't be satisfied because it is clearly a ruse to get around needing to have a home mooring whilst not wishing to comply with the CC rules - ie a desire to be a CMer. I think their case would boil down to the impracticality of having to crane the boat out each time you left it which would mean that in practice you wouldn't do it. A clear attempt to evade the law.

 

Supported by the fact that over a year's observation (say) your boat has never been on it's home mooring

 

Richard

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Supported by the fact that over a year's observation (say) your boat has never been on it's home mooring

 

Richard

Firstly, there is no requirement for me to be observed on my home mooring. If one is out cruising all year you don't have to keep popping back to get observed.

 

Secondly, it would be impossible for them to observe the boat in Dave's field. It is surrounded by trees.

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It's not a ruse though, or an attempt to evade the law. If I had to go away for six months to work abroad it would be cheaper for me to pay for a lift out and stick the boat in Dave's field than it would to pay for a marina mooring for that period.

Sure, so get the boat lifted out and then cancel the licence get a refund. No point in having a boat licenced if you are away for 6 months.

  • Greenie 1
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