REVIEW OF CRAFT LICENSING
SUPPLEMENTARY CONSULTATION ON BOATS WITHOUT PERMANENT
MOORINGS
This paper results from analysis of feedback from the public during the licence review period
between May and November 2002. It was informed by helpful meetings with user groups and
follows careful consideration of all relevant issues by a team of BW managers including local
operational managers.
The problems that give rise to the need for the consultation are:
boats staying for extended periods at locations designated as visitor or temporary moorings or
as unsuitable for mooring
a sense of injustice amongst many boaters who perceive that, through their compliance with
the legal requirement to have a permanent, home mooring, they are ‘subsidising’ some who
‘find ways around’ this requirement.
We have concluded that a set of clear guidelines – a Moorings Code – which will have authority
through our licence contract terms, offers the best prospect of overcoming these problems. The
case outlined in the paper hinges on Section 17.3 (c) of the British Waterways Act 1995, which
contains three ‘limbs’:
1.
The boat is being used bona fide for navigation throughout the period of the licence
2.
The boat must not stay in the same place for more than 14 days
3.
That it is the responsibility of the licence holder to satisfy British Waterways regarding
compliance with these conditions.
Ultimately it will be for the courts to interpret the relevant words in the 1995 Act, but in the
meantime, clear benchmark guidance is necessary for waterway management. We have
therefore drafted a Moorings Code that we propose should define the standards that our staff will
apply and that boaters should follow.
We hope we have risen to the challenge of defining rules which are simple and clear, and which
describe the combination of cruising frequency and distance which are consistent with what the
parliamentary draughtsmen had in mind when writing the statute. We believe that they intended
‘bona fide for navigation’ to imply some sense of progressive travel around the network. This does
not rule out ‘meandering’ slowly, and does not carry a requirement to cover all 2000 miles over any
period. It does however rule out repetitive ‘to-ing’ and ‘fro-ing’ within the same geographic area.
We have drafted the Code for continuous cruising to apply to any boat which is cruising away from
its home mooring for any period of more than 42 days. Without this, an obvious loophole exists
for people to rent a home mooring in an area of the country where moorings are less expensive,
but to spend most of their time in an area where moorings are more expensive.
Consultation process and timetable
It has taken us longer than we hoped to prepare this report. We need to publish the licence terms
and conditions that reflect the other changes resulting from the licence review, so for the sake of
completeness and to be clear about our intentions, we propose publishing the proposed Moorings
Code as part of the conditions. It will however have ‘trial’ status, pending both final feedback from
users who wish to comment and practical experience from implementation on the waterways. We
will review the feedback and experience during autumn 2003, and confirm or amend the Code with
effect from April 2004. We will distribute the attached feedback questionnaire through the same
channels that we used for the main licence review, and send it to each licence holder who is
recorded on the licensing system as having no home mooring.
We would like to thank everyone who has contributed to the previous discussions on this subject.
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DRAFT MOORINGS CODE
Just as highways need parking regulations to ensure orderly
3) Evidence of cruising
use of scarce road space, some rules about mooring on the
It is the boat licence holder’s responsibility to satisfy
waterways are necessary. Problems of congestion, undue
British Waterways that the boat has moved in line with
strain on local facilities and fairness to other boaters can
these rules. To help you do this, we can supply a
result when individual boats stay for long periods on
cruising diary free of charge. Alternatively you may like
temporary moorings without our consent.
to keep your own diary. For added confidence, our local
We aim to avoid unnecessarily bureaucratic regulations, and
staff will endorse diary entries on request. We will only
given the much slower pace of life on the waterways,
ask you for evidence if we have reason to believe that
restrictions are usually measured in days rather than hours.
your boat may not be moving in accordance with the
Our powers to regulate moorings lie in the British Waterways
Code.
Act, 1995 which requires that a boat must have a permanent,
4) Non-compliance and dispute procedure
home mooring unless it is being used for navigation
This Code sets out the standards that we believe need
throughout the period of its licence.
to be followed to comply with s.17 of the British
The guidelines do not apply when your boat is on its home
Waterways Act 1995 and the Licence Conditions. We
mooring.
will apply the hCode in a pragmatic way and recongnise
1) Standards for all boats
that sometimes special circumstances can occur when it
is reasonable to moor for longer periods. These may
Reference to “moor” and “mooring” refers to the place
include illness, mechanical breakdown or waterway
where you moor overnight.
stoppages. If any of these circumstances arise, please
a) You may moor at the same place for no more than
ensure local BW staff are aware of your difficulties.
14 days in any 42 day period. You will be deemed
It will nevertheless be necessary to take steps where
to have moved to a different place if you have
there is unreasonable and persistent failure to comply
travelled at least ten lock miles in any direction. (A
with the Code. Even then it will be our preference to
lock mile is the number of miles cruised plus the
resolve problems without recourse to legal action.
number of locks negotiated over a given stretch.).
In other words, you must always be 10 lock miles
a) As a first step we will contact you to establish the
away from where you were 15 days ago.
relevant facts and check that you understand this
Moorings Code. We may ask you for evidence of
b) You must obey local signs and regulations
your recent cruising patterns. Our aim at this stage
restricting mooring at particular locations. These
is to do all we can to help you to comply with the
take precedence over the entitlement mentioned in
rules. This might include helping you to arrange an
1(a) above.
available home mooring.
c) You should advise our licensing department if you
b) If, after a period of at least 28 days, we continue to
change your home mooring. A winter mooring is
have reason to believe that the boat is not moving
also a home mooring for the period you occupy it.
in accordance with the Code, we will, as a second
2) Additional standards for boats without a home
step, issue a formal warning. This will specify a
mooring or cruising for extended periods away from
period during which you must demonstrate to us
a home mooring
that you are complying with the Code. This will be
between 30 days and 3 months depending on the
You must follow these standards if you leave your home
circumstances. The main method of demonstrating
mooring for any continuous period of 42 days or more
compliance is the maintenance of a cruising diary.
a) You may moor at the same place for up to 14 days
If you believe we have issued the warning unfairly,
in any 42 day period. You will be deemed to have
you will be able to appeal. To help with this, we
moved to a different place if you have travelled at
intend to establish a special appeal panel that will
least ten lock miles in any direction. (A lock mile is
include experts drawn from waterway user groups
the number of miles cruised plus the number of
and other interested parties. In the meantime, you
locks negotiated over a given stretch.),
and
should follow our normal complaints procedure.
b) You must also travel:
This Code will be updated with the details as soon
at least 20 (different) lock miles every 15 days
as they are confirmed.
(ie you can’t normal y count the same stretch
c) As a final step, if failure to comply continues we
more than once),
and
may exercise our powers under s.17(5) of the
British Waterways Act 1995 to revoke your licence.
at least 40 (different) lock miles every 30 days,
and
5) Finding a home mooring
at least 120 (different) lock miles every 3
You may find it difficult to follow the rules because you
months
are unable to secure a home mooring in the area where
you wish to base your boat. While we are working hard
to increase long term mooring provision, this is often
beyond our control. Neither we nor private sector
mooring operators can guarantee to meet demand for
moorings everywhere, and you may need to consider
altering your cruising patterns or accept a permanent
mooring in a different region in order to comply with the
rules. Our duties do not include those of a housing
authority.
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6) Examples of general rules for all boaters
B
D
10
7 miles
miles
A
The area shaded grey is one place in
relation to the point marked A. A new
pl
ace is created each time you move to
a different mooring
Example 1 Boat moors at Point A for
days 1 – 14. It then moors at Point B
for days 15 – 28 and at point D for days
29 – 42. On day 43 the boat returns to
Point A. This is allowed, because it
has only moored at point A for a total of
C
14 days in the preceding 42 day period
8
(day 1 is 43 days ago).
miles
Example 2 Boat moors at Point A for
days 1 – 14, at Point B for days 15 –
28 and at point A again for days 29 –
42. This is not allowed, as the boat
has now moored for a total of 28 days
at Point A in a 42 day period
Marina
Point B
Example 3.
The boater has a mooring in the Marina. The licence holder likes to spend the week-end at
point B, travelling to it on Saturday morning, and returning to the marina on Sunday evening. The boat makes
this return trip every weekend for 6 weeks. This is allowed because this will add up to only 12 days in the 42
day period.
Example 4
The Boater likes to visit point B for long week-ends, cruising up on a Friday and returning on
the following Sunday. Over a 6 week period the boat does this trip 4 times. This is allowed as this will add up
to 12 days over a 42 day period.
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CONSULTATION ON MOORINGS GUIDELINES
FEEDBACK QUESTIONNAIRE
1.
Please tick boxes to summarise your view
Agree
Agree
Disagree
Disagree
No view
strongly
strongly
I understand the need for mooring
guidelines
The proposed general rule for all boaters
is reasonable
The proposed general rule for all boaters
is easy to understand
The proposed additional rules for boats
without a home mooring or cruising for
extended periods away from the home
mooring are reasonable
These proposed additional rules are easy
to understand
The suggested method for compiling
evidence of cruising is reasonable
The proposed non-compliance and
dispute procedure is reasonable
I would support the proposed introduction
of a panel of experts to assist in resolving
disputes
2.
Any other views or comments?
3.
I am responding in the following capacity:
As a private boater with a home mooring
As a private boater with no home mooring
As a representative of a boating user group
Other (please indicate) __________________________________________________
Thank you for your help. Please return this form to Helen Webb, British Waterways, Willow
Grange, Church Road, Watford, WD17 4QA by 31 October 2003.
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