Ghost moorers

Published: Wednesday, 09 April 2014

THE Canal & River Trust (CaRT) have quietly introduced a concept of ‘ghost moorers',  and that is why Ralph Freeman and Tony Dunkley are being treated as 'continuous cruisers' rather than as boaters who have 'home moorings' writes Allan Richards.

Boating meeting

Very recently, there was a meeting between five boating organisations and CaRT. In the published notes under 'Non-Return Rules' it states:

'Sally reported that the rationale for them is reported to be ghost moorers—boaters who report a home mooring that they don't use'.

So now it seems that the need for 'Non-return rules' is not to make it easier for boaters to find space at congested moorings. It's not even to prevent 'continuous cruisers' from persistently returning to a favoured spot or hogging short term moorings.

'Non-return rules', according to 'Sally Ash', are now to disadvantage those who actually pay for a for a berth in a marina!  Perhaps it is now understandable why, shortly after that meeting, Sally Ash's resignation was announced.

The law

But what of the law?

In short, CaRT can refuse a licence if a boat requires a BSS certificate but does not have one. It can refuse a licence if the boat is not properly insured. It can refuse a licence if the boat does not have a 'home mooring' or it is not satisfied that the boat will conform to conditions set out in the act for those without a 'home mooring' (i.e. bona fide navigation).

The 1995 Act also stipulates the conditions under which a licence can be withdrawn.

Normally, when quoting the 1995 Act, only the part relevant to those without a 'home mooring' is given. Here is what the Act actually says regarding 'home moorings':

'.... the Board are satisfied that a mooring or other place where the vessel can reasonably be kept and may lawfully be left will be available for the vessel, whether on an inland waterway or elsewhere'.

Not mentioned

Notably, the act does not mention 'home'. Certainly, the Act does not stipulate that the 'mooring or other place' has to be used during the licence period. Furthermore, no mention is made of a need to 'bona fide navigate' or the need to move every 14 days.

Of course, a 12 month licence allows a boat to be on CaRT's waterways 24 hours a day, 365 days a year simply and having a 'home mooring' frees the boater of having to 'bona fide navigate'.

Satisfied

In granting them a licence, CaRT have accepted that they are satisfied that both Roy Freeman and Tony Dunkley have 'home moorings' that comply with the Act. From the correspondence I have seen, CaRT are still satisfied that both comply but wish to treat them (and indeed, all boaters) as 'continuous cruisers' when not using home moorings.

..... and it seems that CaRT want to get rid of Tony Dunkley by removing his licence and then taking action against him for not having one, simply because he has made a complaint.

Now where have we heard that before?

Hopefully, the concept of 'Ghost Moorings' will disappear with Sally Ash, then Tony Dunkley's licence will be returned.