We have been asked to publish this take on the ’14 day rule’.
Due to our case being founded in part on British Waterways seeking additional powers rather than enforcing the 14 day stipulation in the 1995 Waterways Act there is some debate amongst boaters on the implications of this piece of law.
Is the 14 Day Rule is a Misnomer?
1995.17.3.c. (ii)… permits a boat to moor-up for ’14 days or such longer…’.
The proceeding section of the Act 1995.17.4.c. (ii) states that: If…
…(ii) (in the case of a vessel in respect of which a relevant consent is issued pursuant to subsection (3) (c) (ii) above) the vessel has not in fact been used bona fide for navigation in accordance with the said subsection (3) (c) (ii);
the Board may give notice requiring the holder of the relevant consent to remedy the default within such time as may be reasonable (not being less than 28 days).
1995. Schedule 1. Part III. Terms Applicable to all Certificates. Section 6.
(2) If the holder has contravened or failed to comply with any of the terms or conditions applicable to the certificate the Board may give notice requiring the holder to take or refrain from taking such action as may be necessary to remedy the contravention or non-compliance, as the case may be, within such time as may be reasonable (not being less than 28 days).
Therefore, the 14 day ‘rule’ as used by the Board in their Terms and Conditions of Licence and the mooring guidance for ‘continuous cruisers’ does not stand alone as the only ‘rule’ relating to navigation, and the ’14 day rule’ (1995.17.3) must be read in conjunction with the 28 day rule (1995.17.4) and Schedule 1.6.2. No Law should ever be read in isolation.
There have been occasions where the Board has written to boaters requesting compliance with the relevant Act where the notice period of 28 days has not been adhered to. With reference to time limited mootings 24/48/72 hr there is nothing in Law supporting the stance of the Board with regard to mooring restrictons. However, it is clearly written that itinerant boaters have the right to moor for 2 weeks or longer and the 14 days ‘rule’, 28 day rule and Schedule 1.6 supports this.
The George and Paul Show.