Parliament's law, not CaRT's 'rules'.

IN RESPONSE to Ronnie Colman (Their own rules), the Kennet andAvon Boating Community web site was launched in 2009 to support and inform boaters without home moorings on the K&A regarding their legal rights, writes Pamela Smith.

Our main concern is the difference between what is stated in Section 17(3)(c)(ii) of the British Waterways Act 1995 and the unlawful 'rules' that British Waterways and Canal & River Trust (CaRT) have attempted to enforce since 2003. Sally Ash was dubbed the 'Wicked Witch of Watford' by boating user groups as early as 2005 because she led these efforts.

Not advised to contravene

The Kennet and Avon Boating Community web site does not advise boaters to contravene the British Waterways Act 1995. It advises boaters that they should travel to a different place after 14 continuous days in one place, unless it is reasonable that they stay longer. We also warn boaters that they risk enforcement action if they overstay or if they fail to licence their boats.

It is important that boaters are aware of the difference between what is stated in the British Waterways Acts and any 'rules', 'guidance' or contract terms imposed by CaRT that set requirements beyond what is stated in these Acts of Parliament. Such 'rules' are beyond CaRT's statutory powers to enforce. Boaters can use this information to decide whether to challenge or comply with any requirements that go beyond the law. Nobody is obliged to comply with 'rules' that are not supported by the legal powers of the body that imposes them, whether on the waterways or elsewhere.

Does not set distance

Section 17(3)(c)(ii) of the 1995 Act does not specify a minimum distance or set any particular cruising pattern apart from the the 14 days limit and the requirement to use the boat 'bona fide' for navigation. The Minutes of Evidence of the House of Lords and House of Commons Select Committees that drafted the Act between 1990 and 1994 show that despite repeated requests from the Select Committees, no definition of 'bona fide for navigation' was offered by British Waterways except for the following:

'The 14 days comes, as I see it, essentially as a guidance of definition of what is meant by bona fide navigation.

I would be happy to have no period mentioned at all and rely upon the expression 'bona fide used for navigation'. This is an attempt to clarify in the interests of boaters just what we reasonably mean by 'bona fide used for navigation'.

(Mr K Dodd, British Waterways Marketing and Communications Manager, 1st July 1993 in evidence to the House of Commons Select Committee on the British Waterways Bill.)

CaRT cannot tell them

CaRT routinely sends enforcement letters to boaters without home moorings stating that their boat movements do not meet its legal requirements. Yet when boaters ask how far they must travel to comply, CaRT cannot tell them, because as Sally Ash stated in CaRT's Towpath Mooring Q and A: 'We'd be going beyond our powers'. Nobody should be threatened with the seizure of their boat for not travelling far enough to satisfy CaRT's requirements when CaRT itself states that it cannot require a minimum distance.

The majority of the boaters on the K&A travel to a different town, village or hamlet every 14 days except when it is reasonable to stay longer in circumstances such as illness or engine breakdown.

Towpath tidies

Far from being a 'discarded 1970s housing estate', live-aboard boaters on the K&A carried out two towpath tidies last month. Since Ronnie Colman is familiar with our web site, he will know that this is a regular activity and also that we have an amicable relationship with the K&A manager.

Whenever we do a towpath tidy, we notice that the rubbish we clear up is dumped by a cross-section of canal users: dog walkers; anglers; joggers; cyclists; leisure boaters; live-aboard boaters; hire boaters; stag parties; local householders; factory workers and drinkers at canal-side pubs. To a certain extent, all of these groups see the K&A as 'their patch'. CaRT's Canal Adoptions Handbook encourages community groups to take up their local waterway and make it their own in order to motivate them to look after it. There is no reason for this not to apply equally to the live-aboard boating community.

Pamela Smith
Editor, Kennet and Avon Boating Community web site.