Posts Tagged ‘14 day rule’

Courts must interpret the 1995 BW Act in favour of the public

Thursday, February 3rd, 2011

A boater has recently drawn our attention to Halsbury’s Rules of English Law Volume 44. These are the rules judges and courts refer to when guidance is needed. Few lawyers know or use these rules when representing boaters.

Boaters need to know that the 1971, 1983 and 1995 British Waterways Acts are Local or Private Acts of Parliament. This is to be distinguished from a private member’s Bill/Act which is something entirely different.

Regarding the interpretation of Private Acts, Paragraph 1497 states:

“Where there is any real doubt as to its meaning, a Private Act must be construed strictly against the promoters. It follows that, as between the promoters and members of the public, a Private Act shall be construed liberally in favour of the public, so that 1) Clauses to preserve general rights will be widely interpreted…”

This means that, where there is a dispute between the promoter (BW) and the individual, the court should interpret the legislation liberally in favour of the public, ie the defendant. In other words, when BW terminate a boat licence because the boater is not cruising according to BW’s interpretation of Section 17 (3) c ii (the Mooring Guidance for Continuous Cruisers), the court should rule that BW cannot enforce its own interpretation of the law. If you know anyone who is in this situation, make sure they know about this rule and use it in court!

The boater has recently written to BW asking whether BW takes full account of this when interpreting the 1995 Act against boaters, and if not, why not. He hasn’t had a reply yet…

The Continuous Cruising Myth

Wednesday, January 26th, 2011

By Simon Robbins

That Continuous Cruisers are the main culprits when it comes to overstaying on visitors moorings is a myth that BW continue to perpetuate in order to justify differential charges and other targeting of Continuous Cruisers.

Many Boaters in the boating forums rail about Continuous Cruisers in this way too. I was therefore very relieved when a glimmer of reality pierced through the prejudice and outright bigotry one too often reads in such forums when one contributor bothered asking the question, “what’s the evidence”?

The answer is, NONE! Beyond that, when challenged, the evidence BW have supplied to date, seems to prove that very point!

As I said in my posting in the Canalworld string “Freeloaders?”

http://www.canalworld.net/forums/index.php?showtopic=35526

NABO did a Freedom Of Information request on this a few years back. We wanted to test the assertion that CC’r’s are more guilty on overstaying than those with moorings. We asked BW about numbers of patrol notices issued and then asked them to look at the proportion of those notices that were issued against boats that had home moorings versus those that were Continuous Cruisers. The maths showed clearly that boats that had registered with BW as having home moorings we more likely per capita to attract overstay notices than CC’rs.

BW have never attempted to contradict our findings which were sent to them with an invite to reply if they dis-agreed or could show we had missed something. Another bit of NABO correspondence they never replied to!

Well catching up with old e-mails this morning, I came across a more recent set of evidence which seem to further confirm that BW’s rhetoric on Continuous Cruisers is just that, and does not stand up, even on with their own figures.

The Western end of the Kennet and Avon seems to be the focus for BW’s efforts at the moment and a boater’s Freedom of Information Request in Autumn 2010 again put paid to the false prospectus that BW are running.

BW says , ‘The number of boats on the Kennet and Avon Canal which have legal action pending – 152’.

When one comes to BW’s categorisation of the individual reasons we are told:

Licensing Enforcement – 119;

Mooring Enforcement – 15;

Overstay Enforcement – 7;

Continuous Cruising Enforcement – 8

Other – 3

If eight of the cases are classed as CC’rs does that mean the seven listed as Overstayers have home moorings? If so then again we see that boats with home moorings are as much of a problem a CC’rs.

Even if in slightly self-contradictory fashion, one assumed the seven ‘Overstayers’ were all CC’rs too, does the fuss and drama BW are making over the evils of continuous cruisers seem proportionate to the fact that BW can only show, on their own numbers, most generously interpreted, fifteen serious breaches of the ‘rules’ worthy of legal action on the K+A?

(The next question, one that was not asked but one wonders; how many of these fifteen cases are solid enough for Court proceedings to have been issued?)

The BW numbers seem to me to show pretty clearly that most Continuous Cruisers based on the Kennet and Avon are doing what they should be and that BW’s rhetoric cannot be about enforcement issues. Rather it seems to be an excuse to introduce differential charges and other sanction against Continuous Cruisers based on a rhetoric of prejudice which even BW’s own facts and figures do not support.

BW are basing a whole campaign of activities on a false premise. No wonder BW are in a mess when idiocy like this is allowed to prevail, apparently with the endorsement of the BW Board and Directors.

This article first appeared on Simon’s blog Liveaboard Forum:

http://liveaboard-forum.blogspot.com/2011/01/continuous-cruising-myth.htm

Liveaboard Forum Home Page:

http://liveaboard-forum.blogspot.com/

Local Mooring Strategy: Hire boat companies and liveaboards agree on way forward while BW tries underhand tactics

Sunday, January 23rd, 2011

The fourth meeting of the Local Mooring Strategy steering group took place on 10 December. It was notable for the comments of the APCO rep that “existing legislation, consistently applied, would solve the problem… if we get ‘place’ right, we’ve done our job”. APCO, the Association of Pleasure Craft Operators, is the hire boat companies’ trade body. Many hire boat firms rely on liveaboard boaters for much of their skilled and unskilled workforce, and would encounter problems if their staff had too far to travel to work.

Read more…

Local Mooring Strategy destroys trees

Tuesday, September 28th, 2010

The first two meetings of the Local Mooring Strategy Steering Group took place on 26 August and 21 September. Boaters attended both meetings, and there were also representatives from NABO and the RBOA. Much of the discussion in both meetings focused on whether BW had the legal powers to impose the restrictions they wish, which they have set out in their new policies (see our previous articles on BW’s new policies http://kanda.boatingcommunity.org.uk/wordpress/?p=1014 and http://kanda.boatingcommunity.org.uk/wordpress/?p=1001 ). The Local Mooring Strategy has a very limited remit, basically being about where geographically to impose the new restrictions between Bath and Foxhangers. According to BW, the new policies are not up for discussion. Despite attempts to convince BW that the restrictions they want to impose will be unenforceable if they are not legal, the Chair, BW’s Sally Ash, said at the last meeting that she was not concerned with the law.

Read more…

BW pledge to eliminate overstaying in two years

Thursday, July 15th, 2010

An article in the August 2010 Waterways World quotes one of the BW Directors, Simon Salem, who said that in the past two years BW has more or less eliminated licence evasion and the task  for BW enforcement now is to eliminate overstaying “within two years”.

Unfortunately Simon’s statement is contradicted by Sally “Foot in Mouth” Ash, who works in his department at BW HQ.

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“I Never Give In To Bullies” – A Letter To BW

Sunday, June 6th, 2010

Two years ago, BW proposed in a previous consultation to increase the licence fee for boats without a home mooring by £150. This plan provoked enormous opposition from boaters. One of the responses to that 2008 consultation summed up how many of us feel. We decided it was time to share this inspiring and angry letter with other boaters. Here is an edited version.

18/10/2008

Dear Mr Salem

I have read British Waterways’ response to the BWAF report on boat licence fees and this is my response to that. I live on a boat and have done so for 18 years, I am an individual and speak for myself and do not subvert that right to user groups, whoever they might be.

The points I take exception to, which I believe are the main purpose of the exercise, are those relating to the so-called ‘continuous cruiser’ which is the absurd name and concept applied to people who live on boats who neither need nor want a permanent mooring.

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The “Continuous Cruising Procedure” and CC3 letters

Thursday, May 27th, 2010

A boater recently made a Freedom of Information request about the number of boats BW had either taken to court or removed following a CC3 letter. The CC3 is the letter which terminates the boat licence in what BW like to call the “Continuous cruising procedure”. The boater asked the following questions

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Consultation stitch-up part 2

Thursday, May 27th, 2010

Some boaters have now looked at all the responses to the consultation on Moorings Policy for England and Wales (the national consultation). The responses to this bigger consultation also show a majority opposed to local mooring strategies. Of 161 responses, 88 were against local mooring strategies, 48 in favour, and 25 either did not answer the question or were neither in favour nor against. We are still seeking answers from BW

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British Waterways procedure…

Wednesday, February 3rd, 2010

and a couple of snippets of the ol’ goss.

Obtained by Freedom of Information Act requests, here’s the documents issued to patrol officers dictating the procedures and decision making process regarding the issue of CC1, CC2 and CC3 letters and removal of licence.

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Is the 14 Day Rule is a Misnomer? – A personal view

Tuesday, February 2nd, 2010

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.

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