WITH reference Mr Howard's email of 2nd May, he says, quote: 'Our local team were prepared to provide a temporary Authorised Overstay'. And that Mr Howard received a good service from the enforcement team in this instance, writes Richard Churchill.
But what they [Canal & River Trust] told him (The Trust played fair) was not strictly true, and this is not a one off. The 1995 canal act section 17 (3) (ii) gives a statutory right to all boaters to be able to overstay 'for such time as is reasonable in the circumstances' if they are genuinely unable to cruise temporarily.
Attempting to con boaters
In my view CaRT are deliberately attempting to con boaters into believing they have the power to 'authorise' or 'un-authorise' an overstay. They do not, there is no such power granted in any canal legislation (statute), and no licence conditions or other CaRT rules or enforcement officers can override your statutory rights.
That does not mean anyone can stay anywhere for as long as they like, it means both sides need to be reasonable, and ultimately only a court can decide what is reasonable under the law, not CaRT.