CaRTLand cometh?
LOOKING at the latest Terms and Conditions issued by CaRT it is clear it thinks the canals are not part of the UK as regards complying with UK law at any rate, writes Ralph Freeman.
An independent state?
Has CaRT declared the waterways as an independent state whilst I was not looking? Judging by the evidence presented in the boat licence Terms & Conditions (2015) yes it has; CaRTLand will exist from 1st April (it's no joke) when the new Terms and Conditions come into effect.
Then CaRT will have the right to:
- Override the Waterways Act (1995) which was approved by parliament.
- Have more powers than the Police with regard to entering your property.
- Ignore the Data Protection Act (1998) and distribute the data they hold on you to whoever they see fit. If you pay your licence by direct debit then your bank account details will be amongst the data they are prepared to give away too.
- Use its monopolistic powers to force you into a contract under duress, which I understand violates the Consumer Protection Act.
- Assume a boater is guilty until proven innocent contrary to the Human Rights Act 1988
And so it goes on and on and on....
The National Association of Boat Owners (NABO) and other organizations are both angry and very concerned, so should you be. This is no time to bury your head in the sand which is what we would all like to do. After all, boaters are probably boaters because they don't like hassle? But enough is enough.
Mafia tactics
It seems to me CaRT is running a protection racket that the Mafia would be proud of. It goes like this—If you don't buy a mooring from us or our friends the marina owners, we will harass you on a regular basis and if you still don't give us directly, or indirectly via the marinas, a large sum of money we will use our legal 'thugs' to take away your boat or worse, your home.
Don't forget it is up to you to prove you have not contravened the Terms and Conditions whereas CaRT can start enforcement action if they merely believe you have according to the new rules. Not bad for Trust eh?
Bridgewater Canal
If you want to get the flavour of the new Terms and Conditions read them first then compare them with the ones for the Bridgewater Canal. Some difference eh; but why?
The other vehicle licence I hold is for a road vehicle. I am not aware the DVLA has the right to enter my property or spread my computer held details around willy-nilly should I commit an offence on the road, but that is what CaRT will be able to do if I breach its Terms and Conditions, even in a trivial way.
Hopeless at tracking boats
Are you as a boat owner happy with that state of affairs? It's no use saying if I don't breach any rules then the new rules will not affect me. We know CaRT are hopeless at tracking boats and as a result entirely innocent cruisers have received threatening letters from CaRT and its solicitors Shoosmiths.
So if you think this doesn't concern you, think again. Are you happy to assume CaRT's monitoring/enforcement process is 100% accurate?
What about the future?
So dear boater, you are now, in effect, being bullied by CaRT merely for having a narrowboat on the canals. Why? Because you are being forced to agree to a set of Terms and Conditions the majority of boat owners don't agree with and you have no means to re-negotiate them.
What about the Terms and Conditions for 2016 I ask? If CaRT gets away with the draconian amendments being included this year will they not be encouraged to go further next year? In the meantime for comparison, just look at the Terms and Conditions there are for cyclists and other canal users. Oh sorry I forgot; they don't need a licence to use the canals, so there aren't any!