An enforcement officer’s project that consisted of intensive enforcement action against a selected group of liveaboards without home moorings provides more information about CRT/BW’s enforcement strategy. The “Final Report into non-compliance of British Waterways Continuous Cruiser regulations on the South Oxford Canal” shows that CRT/BW is sending enforcement letters to boaters that are designed to pressure them to travel longer distances, without telling them what distance is considered acceptable to avoid enforcement action.
BW’s internal Licensing and Enforcement management reports between June 2011 and March 2012 show that BW has set a target for “all boats not moving at least 30km during their contract period to be within enforcement process “. The reports were obtained by a Freedom of Information request.
Documents provided in response to a Freedom of Information request show that in 2010-2011 BW had a target of seizing 100 “non compliant” boats per year. Monthly reports to management by the BW Enforcement Team in April, May, June, August and October 2010 also show that BW under-estimated the cost of seizing boats, which was around ￡3,700 per boat, mainly to pay lifting contractors, and as a result was likely to miss its target and only seize 75 in the year to March 2011, despite recouping some of the costs by selling seized boats.
BW has claimed that despite discussing “the possibility of introducing greater enforcement powers for BW as part of the new legislation” at its January 2011 Board meeting, it is not seeking extra enforcement powers through its amendment (99A) to the Public Bodies Bill (which will transfer BW to charity status). BW’s Legal Director Nigel Johnson reported back to BW’s May Board meeting that this would not be possible and the appropriate method of seeking change to BW’s enforcement powers was by an Order under the Transport and Works Act 1992 – in other words, a Statutory Instrument. To our knowledge, BW has not used the Transport and Works Act Order process in the past to gain additional powers. The only way to successfully object to a Transport and Works Act Order is to bring a Judicial Review. Public consultation is not obligatory.
Following the severe dent put in Whimbrel by the drunken crew of the boat Warneford, owned by RNAS Yeovilton but managed by a hire boat company, on a weekend that featured many late night booze cruises by overloaded boats of drunk and frequently abusive young men we thought we would help.
So if you experience any anti-social bahaviour or collision from a hire boat out of office hours, please ring Steve Lewis, local enforcement officer on 07771 943152 at any time of day of night.
As enforcement officer it is, of course, Steve’s job to police such behaviour and we are certain he will welcome your call.
It goes without saying that all such incidents should be reported both to the hire boat company and British Waterways as soon as possible and a claim submitted for any damage involved.
We’ll keep you posted on the progress of the good ship Whimbrel’s claim for repair of what is substantial damage to the hull and immediate interior.
