CaRT still bullying?
THE Canal & River Trust are bullying boaters without home moorings by sending them letters which threaten not to renew 12 month licences, writes Allan Richards.
The letters break the promise made by Richard Parry and Denise Yelland to national boating user groups that they would clearly answer the question ‘how far should I travel to comply?'.
The letter:
‘Dear XXXXXX
Spring is approaching and the anticipation of a warm summer's boating lies ahead. Our records show that you'll be ‘continuously cruising'.
If this isn't the case because you have a home mooring, please get in touch with customer services and we'll update our records. The contact details are at the end of this letter. Please have your boat details at hand along with the name, address and location of your mooring provider.
Continuous cruising
If you are, however, continuously cruising, you should be aware of the Trust's ‘Guidance for Boaters without a Home Mooring' which sets out what's required to be a continuous cruiser. The majority of boaters who declare that they will continuously cruise do what is required without any problem.
Some continuous cruisers, however, don't move far enough and some simply shuffle back and forth between just a few different places. In some cases, there are continuous cruisers who barely move at all.
Being clear about what's required
From 1 May 2015, when the licence for a boat that doesn't have a home mooring comes up for renewal, we'll look back at its cruising pattern to determine whether it's appropriate to re-licence the boat again as a continuous cruiser.
If, at the time of renewal, we're generally happy with a boat's cruising pattern over the course of the previous licence period, then we'll issue another continuous cruiser licence straight away. Of course, if during the period of the new licence we become concerned about the boat's cruising pattern then we'll let the boater know.
If we've any concerns about a boater's past cruising pattern, we will get in touch about six weeks before the licence renewal date, to let them know which of the following two categories applies and what they need to do:
Category one
Boats that have hardly moved during their licence period won't have their continuous cruiser licence renewed.
For the first few months after 1 May 2015, while boaters are getting used to this new approach, we'll give those in this category another chance to establish an acceptable cruising pattern by issuing a three-month licence. If, after this three-month period, they still haven't moved far enough then they'll have to secure a home mooring before getting a new licence.
Category two
If a boat has been moving, but not enough to fully meet the requirements of our Guidance, we'll only issue a six-month licence as a continuous cruiser. This will give the boater the chance to establish an acceptable cruising pattern. If, after this six-month period, they've still not changed their cruising pattern then they'll have to secure a home mooring before getting a new licence.
Please take the time to read our Guidance for Boaters without a Home Mooring to make sure you know what our expectations, in terms of cruising pattern, are. If you're still unsure after reading it then please contact your local enforcement officer who will be able to help. Contact details for all enforcement officers can be found online at www.canalrivertrust.org.uk/enforcement. Alternately, give our customer services team a call on the number below'.
The letter is signed by Denise Yelland, CaRT's Head of Enforcement.
66% non compliant?
Denise Yelland was party to meetings of National Boating User Groups where the Trust failed to gain agreement as to what was an acceptable cruising pattern. It was Denise Yelland that told the groups that 16% of c.5,400 without a home mooring were recorded cruising within a range of 5 kms, and 66% in a range of 20 kms.
Now it does not take much brainpower to work out that category one is less than 5kms (about thee miles) and that category two is less than 20kms (about 12 miles).
So why not say it?
... and why not tell boaters if they are currently compliant, non-compliant (category one) or non-compliant (category two)?
How far?
The notes of Boating Organisations Meeting with CaRT on 19th Jan 2015 include ‘RP (Richard Parry, Chief Executive)and DY (Denise Yelland, Head of Enforcement) agreed that the Trust should develop a clear response to the question ‘How far should I travel to comply?', and this is being drafted.'
The letter is, of course, the place to answer that question such that boaters know what the Trust expects of them.
Bullying
Of course by not providing a clear response to ‘How far should I travel to comply?' in the letter, the Trust simply lays itself open to further accusations of attempting to bully boaters without a home mooring.
Like it or not, Pamela Smith (Rules according to the ‘Bargees') is correct in stating that section 17 of the British Waterways Act 1995 does not contain any requirement to travel a minimum distance or to follow any specific travel pattern beyond the 14 days limit.