Three steps to heaven?

Published: Wednesday, 18 March 2015

THERE are many views on what has now become a PR disaster for Canal & River Trust (CaRT), writes Allan Richards.

Hopefully, it will learn from the experience and revert to the three steps approach outlined to national boating associations.

Three steps approach

In its open letter to the Trust (Poor communication strategy) NABO outlined what groups were told would be CaRT's three step approach to enforcement for those without a home mooring:

Step 1. Refuse to licence the 16% of boaters without a home mooring that move less than 5km.

Step 2. Refuse to grant a full term licence for the 50% of boaters without a home mooring that move more than 5kms but less than 20km until they show a pattern of movement that takes them into the third step.

Step 3. Those that move more than 20kms will not generally attract enforcement attention.

Not followed it

Whilst one might agree or disagree with this, it is easy to understand. Furthermore, it will no doubt generate some court cases which will determine if the Trust can legally refuse a licence based on distance travelled in the licence period.

However, whilst associations agreed to this approach, the Trust has not followed it and it appears that court action is no longer on the agenda.

What went wrong?

The Mayers judgment.

The chronology of events suggests that it was the publication of the Mayers judgment by the National Bargee Travellers Association that caused CaRT to rethink.

It is also probable that the same judgment was responsible for CaRT claiming that the ‘clear response on distance' document it had assured national boating groups was being drafted, did not exist. It is, after all, rather difficult to convince that ‘bona fide navigation' is not achieved unless a boat travels, say, 500 miles in a year when a judge says it might be acceptable to simply shuffle between two places a couple of miles apart.

Running scared

Three ‘continuous cruiser' cases but only one injunction granted! Not a very good record when you realise that CaRT can pick and chose from the 3,600 boaters they suggested are non-compliant.

To plagiarise a well known song, CaRT's plan, as presented to the associations, might not turn out to be ‘Three steps to heaven'. However, it does have support from the associations provided CaRT is clear on ‘how far'.

... but will CaRT risk taking ‘step 1'?