Zero tolerance

[rgreg]

5 minutes ago, sirweste said:

Yep exactly this. It's not needed, when the law was written it was, now it's arbitrary so I don't bother. Even CRT aren't that fussed about seeing it. You seem hung up on this fairly inconsequential point, I haven't displayed it for over 2 years I'd say which anecdotally suggests CRT ain't fussed. So resources well saved in my opinion 

Not hung up at all; I just prefer to follow the rules of the day, whether I consider them inconsequential or not, and get on with boating.

[sirweste]

1 hour ago, ditchcrawler said:

Next time I go down the lift I will photograph the notice that says its required to display it and when I next do Harecastle I will ask the tunnel keeper what action he takes if I am not displaying one

Who you asking for? If it's for my benefit I shouldn't bother yourself. 

Anyhow, I already siad in a previous post I show if required I can show them it on me phone, simples!

 

1 hour ago, rgreg said:

Not hung up at all; I just prefer to follow the rules of the day, whether I consider them inconsequential or not, and get on with boating.

Good stuff, I'm the opposite, I craic on with what's logical and don't waste energy with what's not. 

[Iain_S]

8 hours ago, Alan de Enfield said:

The difference is that the Law states that CCers MUST be in a different 'place' every 14 days, there is no law saying that HMers must move to a new place every 14 days. HMers would be (are ) within their rights to moor for a few days, move 30 yards moor for a few days, move 30 yards ……….. ad-infinitum

As stated by HHJ Halbert in C&RT Vs Mayers

 

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. 

Agreed with the part in bold, but, as Nigel says,  "Obstruction remains on the statute books as an offence, updated even in the 1995 Act, and overstaying stated times on selected sections has been used with County Court approval to qualify the boat – being thereby regarded as an obstruction - for being moved under s.8(5) of the 1983 Act. Anything longer than an overnight stay, as I see it, is simply permissive – with the exception of boats without home moorings, for whom only, the right to 14 days (or more if circumstances dictate) is enshrined in law."

 

Therefore, all CaRT have to do in the case of the non-moving boat with a home mooring elsewhere, is to remove their permission to moor on the towpath on that place; a position which is already implied in the licence Terms and Conditions (3.2.)

I doubt that Nigel'a excellent analysis of towpath mooring for boats with a home mooring was brought to HHJ Halbert's attention

[Captain Pegg]

4 hours ago, sirweste said:

Who you asking for? If it's for my benefit I shouldn't bother yourself. 

Anyhow, I already siad in a previous post I show if required I can show them it on me phone, simples!

You might need a big phone if you happen to be at the bottom of a River Severn lock at the time. That's the only place where I have been challenged about not displaying a licence. As a result I figured it's best to display a valid licence.

 

JP

[Dr Bob]

8 hours ago, Boater Sam said:

Why b You could be a smelly anchorite living in a cave instead of writing on a boating forum.

Ammonites are not smelly! They were proud members of the Cephalopoda family and lived on the sea bed.

[sirweste]

19 hours ago, Captain Pegg said:

You might need a big phone if you happen to be at the bottom of a River Severn lock at the time. That's the only place where I have been challenged about not displaying a licence. As a result I figured it's best to display a valid licence.

 

JP

Well me phone screen isn't far of the size of the "disc". And if that doesn't suffice the iPads only a few feet away. Either way, if they can read the disc from that distance they'll be doing well

I got asked at the Anderton. Not been asked anywhere else, tunnels etc