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Definition of home mooring


Delta9

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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.

Then why would the OP be declaring CC status in the first place, he is misleading the board, therefore they may not be satisfied with his new have a mooring declaration either.

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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.

But the mooring would have to be permitted by CRT to be acceptable (EOG, farmer's field etc). If it was just a field somewhere not adjacent to the canal, it wouldn't be a mooring.

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But the mooring would have to be permitted by CRT to be acceptable (EOG, farmer's field etc). If it was just a field somewhere not adjacent to the canal, it wouldn't be a mooring.

 

 

"whether on an inland waterway or elsewhere"

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Then why would the OP be declaring CC status in the first place, he is misleading the board, therefore they may not be satisfied with his new have a mooring declaration either.

There are quite a few of us misleading them then.

But the mooring would have to be permitted by CRT to be acceptable (EOG, farmer's field etc). If it was just a field somewhere not adjacent to the canal, it wouldn't be a mooring.

Yes it would be a place where the boat is "kept" when not in use.

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"whether on an inland waterway or elsewhere"

But for it to be a mooring it has to be adjacent to a connected waterway for which the owner has mooring rights. If you mean somewhere not on a waterway then you are into the realm of ghost mooring. CRT will say that your cruising pattern and/or the difficulty of getting your boat to the place it can be kept means that the place is not a reasonable one to keep the boat and thus not compliant with the terms of the law. A bit like if you had stated that your mooring was on the moon.

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We seem to have veered away from the question I originally intended to ask. I'll try to clarify as I don't think I was very clear in the OP..

 

If a 'CC'er' is refused a licence for whatever reason, they can legally obtain a home mooring and then CRT can't refuse them a licence. Is that correct?

 

In that case, do they have to pay for a specific home mooring to be reserved for them year round, or does the owner of a suitable mooring saying "you can moor here any time, we always have space to fit you in" suffice?

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Anyway, 2 suggestions:

 

1/ Spend some of the time you currently spend trying to get around the law, actually cruising. Then you would be a compliant CCer!

 

2/ Try your ruse and see where I gets you. That is the only relevant test, what we think is irrelevant.

  • Greenie 2
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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.

 

You have to satisfy the board for them to issue a license to you.

 

TBH, Steve's point is the one that all this spins around and around

 

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

 

Until this has been sorted in court, it's all just hot air

 

Richard

2/ Try your ruse and see where I gets you. That is the only relevant test, what we think is irrelevant.

 

Exactly

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We seem to have veered away from the question I originally intended to ask. I'll try to clarify as I don't think I was very clear in the OP..

 

If a 'CC'er' is refused a licence for whatever reason, they can legally obtain a home mooring and then CRT can't refuse them a licence. Is that correct?

 

In that case, do they have to pay for a specific home mooring to be reserved for them year round, or does the owner of a suitable mooring saying "you can moor here any time, we always have space to fit you in" suffice?

CRT might be able to refuse a licence if they felt your proposed mooring was not reasonable ie it seemed highly likely that it would never actually be used, especially based on your history of dishonesty. Surely no marina operator is going to absolutely guarantee they will always have space - they would effectively be reserving a space for you and no sensible marina is going to do that for free.

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If a 'CC'er' is refused a licence for whatever reason, they can legally obtain a home mooring and then CRT can't refuse them a licence. Is that correct?

 

Put simply, no. CRT can do what they like, including refusing the licence. Your and their definition of what's "reasonable" might - and I suspect here, WILL - differ. So if they see its unreasonable.....

 

HOWEVER you're entitled to obtain a judicial review against them for the refusal to renew/give you a licence. Good luck with the beak.

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(the answer is no btw)

 

 

Unless you're CRT, you are not in a position to make decisions for them. You are entitled to your opinion on what "reasonable" is, but you can't impose that opinion on others. Others may differ. There is a legal route to have a judge decide if it differs and you wish to press the point.

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Unless you're CRT, you are not in a position to make decisions for them. You are entitled to your opinion on what "reasonable" is, but you can't impose that opinion on others. Others may differ. There is a legal route to have a judge decide if it differs and you wish to press the point.

Your not in a position on this subject to make decisions either, yet your trying.

You have no idea whatsoever how CRT will respond.

I know that, (having attended meetings with CRT) if he has relevant paperwork to suggest he has a mooring, CRT will accept it. They will quite simply ask Dave for the facts. If Dave confirms, CRT are pretty much stuffed.

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Being new to the system i dont get all this, move enough to satisfy CRT or stay in a marina..

 

Anyway, if you have a CC licence you dont need to have a home mooring?

 

If you dont move enough on your CC licence then next year you will not get another CC licence and have to take a home mooring to obtain a licence?

 

What is stopping people doing this, getting a mooring for one month, get your home mooring licence and then bugger out into the network dumping your mooring for the remainder of the year?

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What the OP is suggesting makes sense to me - as an interpretation of a law that (however inexplicably or unintentionally), seems only to care about whether boaters have a mooring/place-to-leave-the-boat available, not whether they actually use it.

 

It opens up a can of worms, though. What if I declare that a quiet stretch of towpath somewhere is my 'home mooring', on the basis that I can reasonably and legally leave my boat there for up to 14 days a few times a year, when not out cruising?

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What the OP is suggesting makes sense to me - as an interpretation of a law that (however inexplicably or unintentionally), seems only to care about whether boaters have a mooring/place-to-leave-the-boat available, not whether they actually use it.

 

It opens up a can of worms, though. What if I declare that a quiet stretch of towpath somewhere is my 'home mooring', on the basis that I can reasonably and legally leave my boat there for up to 14 days a few times a year, when not out cruising?

The law is quite clear on towpath mooring. You will have to move after 14 days.

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...and of course, once I've got that 'home mooring' in place, I'm exempt (or am I?) from the requirements to move (whatever they are) that apply (possibly) to boaters without a home mooring. So I can shuffle up and down between my 'home mooring' and some other nearby 'place' (whatever that means) all year round!

 

It's all a bit of a mess, really, isn't it?

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...and of course, once I've got that 'home mooring' in place, I'm exempt (or am I?) from the requirements to move (whatever they are) that apply (possibly) to boaters without a home mooring. So I can shuffle up and down between my 'home mooring' and some other nearby 'place' (whatever that means) all year round!

 

It's all a bit of a mess, really, isn't it?

Yep.

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