You should have recently received an email from CRT with a link to a consultation for a proposal to further change the licence terms and conditions.  We encourage you to complete the consultation. If you do not have the CRT email, the web page can be found here. You have plenty of time to consider the points, as the consultation does not close until the end of the year.

Your recent Council meetings reviewed the consultation and has decided to forward their concerns to the membership in advance of receiving the views of our legal advisors. In general whilst Council is sympathetic with CRTs needs to manage its waterways, we are concerned that wording is one sided, not proportional and attempts to take powers not granted to it in the relevant Acts.

We have the following concerns:

Section A- Home mooring requirement to cruise.

As in the last review in 2015 CRT has provided no evidence of the scale of the problem they are seeking to address. There is no definition of a ‘genuine cruise’ so how would this be applied? Yet again CRT are seeking powers not granted in the 1995 Act which does not define how a boat with a home mooring must travel.

Section B - Insurance

We support this clause save that boaters should be able to submit the required documentation by email in addition to the web portal or post. We also object to CRT selling information to commercial parties.

Section C - Termination

Concern that CRT taking powers of repeated breaches e.g termination without notice - just because breaches are repeated does not mean the Acts do not apply.

Section D - Obligation of refunds

Concern that the opening sentence has been changed to avoid responsibility to provide waterways capable of navigation. We do not to buy a license to moor in a pond.

Section E - Boat Safety

Concern about the process of CRT entering a boat, may well for example exceed police powers. Any inspection should be carried out by a BSS qualified examiner.

Section F - Wider dimension boats

Concern that this ignores the importance of the tumblehome to the boats profile. F4 regarding fenders is a nonsense. Claiming powers to alter dimensions at CRTs discretion conflicts with right of navigation provisions of the BW Acts.

Section G - Change of ownership

CRT should be able to receive the information by email. Will CRT become the register of ownership?

Section H - False declaration

What is the intended outcome of this? Can a boater lose a licence If complying with the Acts?

Could this clause be used to address the issue of the home moorings at section A above.

Section I - Behaviour

Subjective wording, open to interpretation, one sided. Possible removal of license with no appeal process or right to independent review. Is this taking powers that are covered by existing by laws? CRT must issue licence if boater complies with the requirements of the 1995 Act.

 

There may be issues from our response to the consultation in 2015 which CRT ignored and we will take the opportunity to restate. We will be discussing the legal advice received and finalising our response at our AGM on 14 November. Details on how to join in the teleconference in discussion will be included in our email bulletin at the end of the month.

We invite any comments from members on this important matter. Please email This email address is being protected from spambots. You need JavaScript enabled to view it. or any Council member.

We have converted CRT's document to make is searchable. You can extract text if you want to cut and paste this into other documents. You can get it here.

Mark Tizard, Vice Chair on behalf of NABO Council