A minimum distance is unlawful

Following the publication of the article “CRT moves the goalposts again” on the NBTA web site, the NBTA has been accused of “harassing CRT to give a mileage figure”. This is categorically not true. The NBTA has never called upon CRT or British Waterways (BW) to set a minimum distance required for compliance with Section 17(3)(c)(ii) of the British Waterways Act 1995.

The NBTA has always stated that it would be unlawful for CRT or BW to set a minimum distance, and has also always stated that the test for compliance should be whether a boat has remained in one place for longer than 14 days without the longer stay being reasonable in the circumstances. This is based upon the research carried out by NBTA members into the Minutes of Evidence of the Parliamentary Select Committees that drafted the Act, and also upon testimony from boaters who were Petitioners against the original Bill who gave evidence to these Select Committees.

To clarify the NBTA’s position on this key issue, we are publishing the NBTA’s response of 2011 to BW’s proposed revision of its Mooring Guidance for Continuous Cruisers following the judgement in the case of BW v Davies. The NBTA submitted this proposal in advance of a meeting between BW and boating user groups on 23rd June 2011 to discuss the revision of the Guidance. Other boating organisations also submitted proposals.

Here is the NBTA’s proposal for revision of BW’s Mooring Guidance for Continuous Cruisers dated 22nd June 2011 2011-06-22 Mooring Guidance for Continuous Cruisers NBTA rewrite

Here is the judgment in BW v Davies dated 30th November 2010 BW v Davies sealed judgement 30Nov2010