Updated 30 November 2020
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. It is now time to have your say. The consultation closes on 21 December 2020.
Your recent AGM and Council meeting reviewed the consultation and is now drafting the Associaiton's formal response. We have the benefit of legal advice. 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.
Readability. We have become aware that some of the wording in the terms is less than clear. If you find it confusing, please say so in your responses. The Trust are undertaking a public service. There is no excuse for complex wording in licence terms and conditions. You must be able to understand it in order to comply with it.
There may be issues from our response to the consultation in 2015 which CRT ignored and we will take the opportunity to restate.
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