What does 'cruising' mean?

SOME three months ago, Tony Dunkley asked 'Do CC rules apply to all?' Canal & River Trust's predecessor British Waterways certainly decided that they did!

In effect, they rewrote the 1995 Act such that all boats (not just those without a home mooring) are required to ‘cruise' or as the 1995 Act calls it ‘navigate', writes Allan Richards.

The 1995 Act

An often quoted part of the British Waterways 1995 Act (S17 (c) (3)) states:

either-

• (i) 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; or
• (ii) the applicant for the relevant consent satisfies the Board that the vessel to which the application relates will be used bona fide for navigation throughout the period for which the consent is valid without remaining continuously in any one place for more than 14 days or such longer period as is reasonable in the circumstances.

Leaving aside the argument as to the meaning of 'bona fide for navigation', 'place' and what is 'reasonable under the circumstances' it is clear that boats without a home mooring are required to move occasionally!

However, despite the law is being silent regarding those with a home mooring, it is not safe to assume that no movement is required for the majority who have moorings online, in marinas or elsewhere.

Licencing Terms

BW/CaRT's General Terms and Conditions for Boat Licences (T's & C's) alter the 1995 Act!

Firstly, despite the Act saying that only boaters without a home mooring are restricted to the amount of time they can moor in one place (....... 14 days or such longer period as is reasonable in the circumstances), section 2.1 of the T's & C's says 'The Licence allows you to use the Boat in any Waterway including mooring for short periods while cruising. ‘Short period' means up to 14 days or less where a local restriction applies. The Licence does not permit mooring for any longer period. Daily charges may be applied for staying longer than the maximum time allowed'.

As will be seen from the above, the 1995 Act '14 days or such longer period as is reasonable in the circumstances' restriction for those without a home mooring has become a fixed 14 day restriction for all with the ability to fine (or as CaRT call it charge) for overstaying.

This despite BW being refused powers to regulate moorings and impose fines under the 1995 Act.

Cruising

Does BW/CaRT have the power to modify the 1995 Act such as to alter intention and meaning? Quite obviously the answer is no. If it has the power to modify Acts of Parliament then, those Acts of Parliament are simply not needed.

Furthermore, what does BW/CaRT actually mean by 'cruising'. If you use your boat for 'cruising' is this the same as using it 'bona fide for navigation'?

Sadly, despite section 1 of the T's & C's providing definitions of words and phrases used, CaRT provide no definition for 'cruising'.

Why not?

No mention

Faced with the dilemma regarding the need for all boats to ‘cruise' but not having any information regarding what ‘cruising' entails, CaRT were asked the following:

1. Links to any publicly available information that defines 'cruising' (in the context of the T's & C's).

2. Links to any Act or By-law that defines or mentions 'cruising'.

3. Any document that defines 'cruising' in the context of the Section 17 of the 1995 Act and, in particular 'bona fide for navigation'.

Pretend to misunderstand

The Trust confirmed that it provides no information that defines 'cruising'. Furthermore it confirmed that the term ‘cruising' is not used in any Act or Byelaw. With regard any document that defines 'cruising' in relation 'bona fide for navigation' (i.e. a document saying they are the same or explaining the differences) Cart has twice pretended to misunderstand the question!

Oxford and Cambridge dictionaries

What the Trust did say was:

‘With regard to the use of the term "cruising" in the Canal & River Trust's General Terms and Conditions for Boat Licences (Ts and Cs), the Trust has not published any information that defines the term. Furthermore "cruising" is not defined in any the legislation relating to cruising of boats in the inland waterways owned and managed by the Trust.

In the absence of a definition of the term in the above mentioned legislation and in the Trust's Ts and Cs, the term will have its ordinary dictionary meaning. The term in dictionaries suggest that cruising involves movement/travel. In the Oxford and Cambridge online dictionaries and Law Dictionary online for example .....'

Fair enough, lets look at what these online dictionaries named actually say!

Law Dictionary Online

Law Dictionary Online gives the following definition of ‘cruise'—‘A voyage or expedition in quest of vessels or fleets of the enemy which may be expected to sail through any particular track of the sea, at a certain season of the year the region in which these cruises are performed is usually termed the rendezvous or cruising latitude. When the ships employed for this purpose, which are accordingly called cruisers .....'

..... not really applicable is it?

Cambridge

Cambridge dictionaries online gives ‘a journey on a large ship for pleasure, during which you visit several places'.

Better than Law Dictionaries Online but a rather obvious reference to cruise liners.

..... again not really applicable.

Oxford

The Oxford Dictionaries gives two main definitions (and some sub definitions). ‘(Of a motor vehicle or aircraft) travel smoothly at a moderate or economical speed' is quite obviously not the one we want!

However, the other definition fits the bill. It gives 'cruise' as ‘Sail about in an area without a precise destination, especially for pleasure' with an example use ‘she cruised the canals of France in a barge'.

Failed to confirm

Bearing in mind that two of the three online dictionaries mentioned in CaRT's response do not provide definitions appropriate to cruising on inland waterways, CaRT have been asked twice to confirm the Oxford definition of ‘cruising'.

Twice, they have refused to do so.

..... and it seems that despite ‘sailing about in an area without a precise destination', Tony Dunkley has now had his life turned upside down by CaRT revoking his licence.

He is not overstaying according to the Trust. The Trust even confirms he has a home mooring. However, the Trust say he is not cruising far enough and thus contravening section 2.1 of the T's & C's.

It would appear that Tony Dunkley has done nothing wrong. Nothing wrong that is except get on the wrong side of a bullying enforcement officer.