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Continuous cruising licence question


Thingamajig

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Hi all I am at the stage of having my head buried in a laptop to find out as much as I can about life on the cut but there is one question I can't find an answer for,

I understand that if you want to cc you have to keep on moving which is fine for the first couple of years but I have also been looking into crt basic leisure moorings for the future,so it says that if you're a cc'er you have to move to the next parish every fourteen days but nothing about having to do this if you have a crt leisure mooring ie if you are away from your mooring in a different part of the country and want to stay in that area for more than the fourteen or sometimes less days. I know you can't outstay your welcome on one particular mooring but can you go back and fourth from one local mooring to another or is this still frowned upon or because you have a leisure mooring somewhere they tend to leave you alone?

I hope that makes sense and thanks

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22 minutes ago, mrsmelly said:

:tired: :icecream:

Its too cold to eat ice cream.

the bloke next to you needs an audition on Britains Got Opera Talent.

 

 

 

To Thingymagig, get a mooring or don't take the piss eh....IT SAYS CONTINUOUS CRUISER, NOT CONTINUOUS TAKE THE PISSER

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6 minutes ago, matty40s said:

Its too cold to eat ice cream.

the bloke next to you needs an audition on Britains Got Opera Talent.

 

 

 

To Thingymagig, get a mooring or don't take the piss eh....IT SAYS CONTINUOUS CRUISER, NOT CONTINUOUS TAKE THE PISSER

Love the signature :D

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44 minutes ago, Thingamajig said:

Hi all I am at the stage of having my head buried in a laptop to find out as much as I can about life on the cut but there is one question I can't find an answer for,

I understand that if you want to cc you have to keep on moving which is fine for the first couple of years but I have also been looking into crt basic leisure moorings for the future,so it says that if you're a cc'er you have to move to the next parish every fourteen days but nothing about having to do this if you have a crt leisure mooring ie if you are away from your mooring in a different part of the country and want to stay in that area for more than the fourteen or sometimes less days. I know you can't outstay your welcome on one particular mooring but can you go back and fourth from one local mooring to another or is this still frowned upon or because you have a leisure mooring somewhere they tend to leave you alone?

I hope that makes sense and thanks

Hope this extract of a Judge's comments help :

The judgement in the case of CaRT v Mayers states that repeated journeys between the same two places would be 'bona fide navigation' if the boater had specific reason for making repeated journeys over the same stretch of canal. HHJ Halbert also stated that any requirement by CaRT to use a substantial part of the canal network was not justified by Section 17(3)(c)(ii) of the British Waterways Act 1995 because the requirement to use the boat for bona fide navigation is 'temporal not geographical'.

 

 

6:3 There are clear anomalies in both positions, CRT clearly regard the occupation of moorings by permanently residential boat owners who do not move very much as a significant problem (see paragraphs 3.5 and 3.6 above). However, neither the statutory regime in subsection 17(3) nor the guidelines can deal with this problem. A boat which has a home mooring is not required to be “bona fide” used for navigation throughout the period of the licence, but neither is it required to ever use its home mooring. The act requires that the mooring is available, it does not say it must be used. The guidelines also have this effect. The boat is still subject to the restriction that it must not stay in the same place for more than 14 days but there is nothing whatever to stop it being shuffled between two locations quite close together provided they are far enough apart to constitute different places. If those who are causing the overcrowding at popular spots have home moorings anywhere in the country the present regime cannot control their overuse of the popular spots. Such an owner could cruise to and fro along the Kennet & Avon canal near Bristol and the home mooring could be in Birmingham and totally unused.

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2 minutes ago, Alan de Enfield said:

Hope this extract of a Judge's comments help :

The judgement in the case of CaRT v Mayers states that repeated journeys between the same two places would be 'bona fide navigation' if the boater had specific reason for making repeated journeys over the same stretch of canal. HHJ Halbert also stated that any requirement by CaRT to use a substantial part of the canal network was not justified by Section 17(3)(c)(ii) of the British Waterways Act 1995 because the requirement to use the boat for bona fide navigation is 'temporal not geographical'.

 

 

6:3 There are clear anomalies in both positions, CRT clearly regard the occupation of moorings by permanently residential boat owners who do not move very much as a significant problem (see paragraphs 3.5 and 3.6 above). However, neither the statutory regime in subsection 17(3) nor the guidelines can deal with this problem. A boat which has a home mooring is not required to be “bona fide” used for navigation throughout the period of the licence, but neither is it required to ever use its home mooring. The act requires that the mooring is available, it does not say it must be used. The guidelines also have this effect. The boat is still subject to the restriction that it must not stay in the same place for more than 14 days but there is nothing whatever to stop it being shuffled between two locations quite close together provided they are far enough apart to constitute different places. If those who are causing the overcrowding at popular spots have home moorings anywhere in the country the present regime cannot control their overuse of the popular spots. Such an owner could cruise to and fro along the Kennet & Avon canal near Bristol and the home mooring could be in Birmingham and totally unused.

Surly only a boat without a home mooring has to be doing bona fide navigation. I would also add yet another new subscriber has asked a question only for it to be ridiculed.

 

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51 minutes ago, Thingamajig said:

Hi all I am at the stage of having my head buried in a laptop to find out as much as I can about life on the cut but there is one question I can't find an answer for,

I understand that if you want to cc you have to keep on moving which is fine for the first couple of years but I have also been looking into crt basic leisure moorings for the future,so it says that if you're a cc'er you have to move to the next parish every fourteen days but nothing about having to do this if you have a crt leisure mooring ie if you are away from your mooring in a different part of the country and want to stay in that area for more than the fourteen or sometimes less days. I know you can't outstay your welcome on one particular mooring but can you go back and fourth from one local mooring to another or is this still frowned upon or because you have a leisure mooring somewhere they tend to leave you alone?

I hope that makes sense and thanks

That should be the case but for some reason thinnk that when you are away from your home mooring you should behave the same as a boater without a home mooring or CC as they are commonly known.

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1 minute ago, ditchcrawler said:

Surly only a boat without a home mooring has to be doing bona fide navigation. I would also add yet another new subscriber has asked a question only for it to be ridiculed.

 

Exactly what the Judge stated :

. A boat which has a home mooring is not required to be “bona fide” used for navigation throughout the period of the licence, but neither is it required to ever use its home mooring.

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3 minutes ago, ditchcrawler said:

I would also add yet another new subscriber has asked a question only for it to be ridiculed.

It really has become a sad state of affairs when every new poster is suspected of coming from the 'ThunderBug' and is on a 'wind up'.

Give the newbies the opportunity to learn, if they really are on a wind up they will eventually 'out' themselves and those 'clever sods' can sit back and say "I told you so", if they are not then hopefully some of us will have helped the next generation of boaters get started.

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2 minutes ago, Alan de Enfield said:

Exactly what the Judge stated :

. A boat which has a home mooring is not required to be “bona fide” used for navigation throughout the period of the licence, but neither is it required to ever use its home mooring.

Trouble is of course the Judge doesnt issue licences according to HIS  terms and conditions.

1 minute ago, Alan de Enfield said:

It really has become a sad state of affairs when every new poster is suspected of coming from the 'ThunderBug' and is on a 'wind up'.

Give the newbies the opportunity to learn, if they really are on a wind up they will eventually 'out' themselves and those 'clever sods' can sit back and say "I told you so", if they are not then hopefully some of us will have helped the next generation of boaters get started.

The OP  has been a member for four years. Thats why I put my first reply as was.

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6 minutes ago, mrsmelly said:

Trouble is of course the Judge doesnt issue licences according to HIS  terms and conditions.

I dont think they are HIS terms and conditions.. but you could go round in circles on this. The OP interpretation of the rules is correct. If you have a home mooring, you dont have to CC. In addition, as long as you dont take the mickey with busy moorings, you will probably be able to do as you like.

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Ok guys a bit of background then.

I have been a member for a few years when I first looked into moving aboard in London but surprise surprise found that not a viable option ie mooring fees but now I'm in the midlands it seems a lot easier to do and have always fancied it as I was brought up with my folks having various boats usually on the Thames and my Dad has had narrowboats but has had to give it up due to age and health but his advice will be invaluable when the time comes to buying one. I am in the position at the moment to continuous cruise as I have no ties and can't wait to see as much of the cut as I can. I'll try to keep the silly questions down ;-)

ps I am not a troll honest

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22 minutes ago, Thingamajig said:

Ok guys a bit of background then.

I have been a member for a few years when I first looked into moving aboard in London but surprise surprise found that not a viable option ie mooring fees but now I'm in the midlands it seems a lot easier to do and have always fancied it as I was brought up with my folks having various boats usually on the Thames and my Dad has had narrowboats but has had to give it up due to age and health but his advice will be invaluable when the time comes to buying one. I am in the position at the moment to continuous cruise as I have no ties and can't wait to see as much of the cut as I can. I'll try to keep the silly questions down ;-)

ps I am not a troll honest

Your question wasnt silly, and your assumptions were just about spot on. Not sure why anyone chose to take issue with what you were asking.

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7 hours ago, Mike the Boilerman said:

The law may not require us to CC when away from our home moorings but the licence conditions certainly do.

I'm surprised no-one has pointed this out so far.

And so we circle back to what validity the ‘license conditions’ have in law...

There’s a hole in my bucket...

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3 minutes ago, TheBiscuits said:

You have to confirm that you agree with the conditions to get a licence...

But (again) is it legal for them to insist on this? I have seen many arguments that suggest not. 

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23 minutes ago, Richard10002 said:

Do they? Perhaps nobody has pointed it out because very few know?

 

Those of us who read what we are signing know! And there has been extensive discussion here of this change to the licence conditions introduced about 18 months ago.

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