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FACT AND ADVICE SHEET REGARDING ENFORCEMENT

London National Bargee Travellers Association

FACT AND ADVICE SHEET REGARDING ENFORCEMENT

Canal and River Trust enforcement powers

Currently the 14 day limit in the 1995 British Waterways Act should be the legal underpinning of any enforcement that CRT takes against boats without a home mooring. The main legal powers available to CRT amount to Section 17 (ii) of the BW Act, which states that CRT must license boaters with no home mooring as long as they use it “bona fide for navigation (for the period of the license) without remaining continuously in any one place for more than 14 days or such longer period as is reasonable in the circumstances.” In other words, boats without a home mooring have to move to a new place at least every 14 days.

How this works in practice is that CRT have the power to reasonably interpret the legislation and enforce boats that they consider to have broken it. At the end of the process CRT can apply to the County Courts for ratification – or permission – to use their section 8 powers to remove the boat from the waterways.

The enforcement process involves several stages and it is advisable to not ignore letters or emails and to try to negotiate with CRT to be removed from the process. The London NBTA can give further advice on this and there is special protection for livaboards, disabled, elderly and pregnant women. If court action is threatened, the London NBTA can assist the boater with finding proper legal representation.

The ‘new enforcement policy’ and non-renewal of licenses

https://canalrivertrust.org.uk/news-and-views/news/policy-outlined-for-boaters-without-a-home-mooring

The new enforcement policy circumvents the above process by using non-license renewal as an enforcement tool.The policy is new, appears to have administration glitches and teething problems, but is best encapsulated in the letter that was sent by CRT to all boaters without a home mooring that states:

“From 1 May 2015, when the licence for a boat that doesn’t have a home mooring comes up for renewal, we’ll look back at its cruising pattern to determine whether it’s appropriate to re-licence the boat again as a continuous cruiser.

 

If, at the time of renewal, we’re generally happy with a boat’s cruising pattern over the course of the previous licence period, then we’ll issue another continuous cruiser licence straight away. Of course, if during the period of the new licence we become concerned about the boat’s cruising pattern then we’ll let the boater know.

 

If we’ve any concerns about a boater’s past cruising pattern, we will get in touch about six weeks before the licence renewal date, to let them know which of the following two categories applies and what they need to do:

 

Category one

 

Boats that have hardly moved during their licence period won’t have their continuous cruiser licence renewed.

 

For the first few months after 1 May 2015, while boaters are getting used to this new approach, we’ll give those in this category another chance to establish an acceptable cruising pattern by issuing a three-month licence. If, after this three-month period, they still haven’t moved far enough then they’ll have to secure a home mooring before getting a new licence.

 

Category two

 

If a boat has been moving, but not enough to fully meet the requirements of our Guidance, we’ll only issue a six-month licence as a continuous cruiser. This will give the boater the chance to establish an acceptable cruising pattern. If, after this six-month period, they’ve still not changed their cruising pattern then they’ll have to secure a home mooring before getting a new licence.”

A frequently asked question

How far is “far enough”.

CRT refers boaters to their guidance for boats without a home mooring. Some boating organisations believe that this guidance is potentially unlawful because it appears to state that there is a minimum distance requirement, something that is not set in the legislation or subsequent case law (County Courts do not set precedent and the original intention was that the judge would determine ‘bona fide navigation’ from ‘place to place’ taking into account the context of the particular case in front of him/her). However, this distance requirement would need to be challenged in court, so for all practical purposes CRT appears to be enforcing on this:

“ (..) we can advise that it is very unlikely that someone would be able to satisfy us that they have been genuinely cruising if their range of movement is less than 15-20 miles over the period of their licence. In most cases we would expect it to be greater than this.”

https://canalrivertrust.org.uk/boating/licensing/enforcement/boaters-without-a-home-mooring-how-far-is-far-enough

It is important to note that CRT are clearly saying that 15-20 miles is not enough. That 15-20 miles range is NOT enough has been underlined by two recent public statements by CEO Richard Parry. The first was given in an article to the Financial Times (26/02/2015) in which Parry states:

“We welcome continuous cruisers, many of whom have a fantastic lifestyle travelling around the country. We don’t want evictions to happen, but in extreme cases if someone stubbornly refuses to comply (…)”

http://www.ft.com/cms/s/0/40ae3218-bd8c-11e4-9d09-00144feab7de.html#axzz3VEjgkawf

The second was given in an article in City Metric in which Parry states:

“I’m telling you that we believe, clearly, that it has to be more than 15 to 20 miles,” Parry has said. “How much more we’ll be debating forever.”

http://www.citymetric.com/horizons/more-and-more-londoners-are-living-boats-their-lifestyle-under-threat-new-regulations-853

What do I do about all this?

  1. For a start it’s important to keep records and dates of your movements. This isn’t strictly required by law, but as CRT data of your boats movements may be unreliable, it is probably a good idea.
  2. Move to a new place every 14 days unless there are good reasons not to – such as ill health or mechanical breakdown – and inform CRT’s local enforcement manager by phone and follow up email o0f your intention to stay longer.
  3. Obtain a copy of CRT’s sighting data on the movement of your boat and challenge it if it is wrong. It would be a good idea to do this two or three months before your licence is due to be renewed. Contact 0303 040 4040 or Sarina.young@canalrivertrust.org.uk
  4. If CRT contacts you and tells you they are only going to offer you a new licence with a reduced term of six or three months then challenge this. Reply to the letter by email to the address given on it. Be firm and polite and provide details of your cruising pattern and state that you believe this to be within the law. Ask for your CRT sighting data if you haven’t already got it. Ask why they have refused to renew a full license. State that you if you do not receive a satisfactory answer will be raising this as a formal complaint. If the reason is already given as ‘not moving far enough’, then ask how far they consider being far enough.
  5. CTR may also offer to give you ‘guidance’ on an individual cruising pattern. If this guidance is reasonable and you believe that you will be able to comply with it then it is your decision whether to accept this.
  6. If you do not accept CRT’s decision not to renew your licence for a full 12 month term because you believe that their interpretation that your cruising pattern over the course of the last year as not bona fide is unfair, or if CRT will not negotiate and are threatening to not renew your licence and you wish to continue living on your boat on CRT managed waterways, then you need to seek legal advice. London NBTA and the National NBTA can give you the contacts for a free legal advice line run by solicitors experienced in Canal and River law and section 8 cases in particular.
  7. You can also raise the decision as a formal complaint and have it reviewed. To do this follow the step by step guide given in this link: https://canalrivertrust.org.uk/contact-us/making-a-complaint

What happens if my licence is not renewed?

CRT will ask you to remove your boat from the water. Seek legal advice as above because if you live on a boat on the canal that is unlicensed, CRT will summon you to a County Court and ask the judge for permission to remove your boat from their waters. You may be liable for costs if permission is granted. Seek legal advice if you intend to go to court. In court you can challenge CRT’s decision not to renew your licence.

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STATEMENT ON CRT’S NEW POLICY FOR BOATERS WITHOUT A HOME MOORING

NATIONAL BARGEE TRAVELLERS ASSOCIATION

PRESS RELEASE                                                                                       15th February 2015

STATEMENT ON CRT’S NEW POLICY FOR BOATERS WITHOUT A HOME MOORING

The National Bargee Travellers Association (NBTA) opposes Canal & River Trust’s new policy for boaters without a home mooring. Canal & River Trust (CRT) declared last week that from 1st May 2015 it will refuse to re-license all boats that “don’t move … far enough or often enough” to meet its Guidance for Boaters without a Home Mooring – unless they take a permanent mooring.

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The NBTA will take whatever steps are necessary to defend bargee travellers against this new attack on the right to use and live on a boat without a home mooring. CRT is effectively proposing to evict thousands of live-aboard boaters without home moorings from its waterways. We invite anyone who is worried or concerned about this threat of mass homelessness to join us.

CRT receives significant income from moorings and this move highlights how the marina lobby has been pressurising CRT and complaining about boaters without home moorings. British Waterways Marinas Ltd (BWML), a wholly-owned subsidiary of CRT, has put a great deal of effort into gaining residential planning permission for berths which it can sell at a premium. In 2013-14 BWML generated over 1.7 million in income for CRT. The NBTA believes CRT’s new policy is designed to maximise BWML’s income by forcing boaters who can afford it into moorings. Marina operators have put considerable pressure on CRT including complaints about the number of boats without home moorings. Marinas are finding it harder to make a profit because the market is now oversupplied with leisure moorings due to CRT and [previously] British Waterways’ greed in encouraging the development of new marinas.

CRT claims that there is congestion in certain waterway areas which it implies is caused by overstaying boats without home moorings. However, there are long stretches of waterway around the country where boats cannot moor because of collapsed banks, shallow water and concreted towpaths. If there is a genuine problem with congestion, all CRT has to do is carry out basic maintenance so that moored boats can spread out. If boats are overstaying, CRT already has sufficient enforcement powers to deal with this.

It is not within CRT’s legal powers to enforce its draconian new policy. It sets requirements that go beyond what is stated in the British Waterways Act 1995. How often boats should move is clearly stated in the 1995 Act, but the law contains no requirement to travel a minimum distance or to follow any specific cruising pattern beyond the 14-day limit. CRT itself has not stated what distance it considers “far enough”. Indeed, in December 2012 CRT’s own Towpath Mooring Q and A conceded that CRT would be acting beyond its powers to set a minimum distance.

The 2013 judgement in the case of CRT v Mayers confirms that it would be unlawful for CRT to set a minimum distance that continuous cruisers must travel to comply with the law. HHJ Halbert stated that repeated journeys between the same two places would be “bona fide navigation” if the boater had specific reason for making repeated journeys over the same stretch of canal, and that any requirement by CRT to use a substantial part of the canal network was not justified by the 1995 Act because the requirement to use the boat bona fide for navigation is “temporal not geographical”.

The new policy is likely to include the publication by CRT of maps which purport to define the places boats without home moorings must move between in order to be in a different place. In drawing these maps CRT has interfered with centuries of history and geography by deleting the names of many towns and villages and absorbing them into other places. “Place” is not defined in the 1995 Act. Boaters without a home mooring are simply required not to remain continuously in any one place for more 14 days.

If you are subject to CRT enforcement, if you disagree with this policy or if you have had enough of CRT’s harassment of itinerant live-aboard boaters, join the NBTA in challenging CRT’s unlawful actions.

NOTES FOR EDITORS

  1. For more information contact the National Bargee Travellers Association, press@bargee-traveller.org.uk or 0118 321 4128
  1. The National Bargee Travellers Association (NBTA) is a volunteer organisation that campaigns and provides advice for itinerant boat dwellers on the UK’s inland and coastal waters.
  1. Boats can be licensed to use Canal & River Trust’s waterways without a permanent mooring under Section 17(3)(c)(ii) of the British Waterways Act 1995. This section states:

(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.

  1. The judgement in the case of CRT v Mayers is online here http://www.bargee-traveller.org.uk/?page_id=23

National Bargee Travellers Association

30, Silver St, Reading, Berkshire, RG1 2ST

0118 321 4128

secretariat@bargee-traveller.org.uk

http://www.bargee-traveller.org.uk