Who cares about the 14 days rule?

Published: Saturday, 10 May 2014
I DO and so should all boaters, writes Simon Greer.

Early in the 1990s, when British Waterways wanted its new Act (it was at this stage in Bill format and written by British Waterways) it proposed the law should say 14 days maximum—no mitigation.

Automatically become criminals

Offenders would automatically become criminals (yes transgression was to be a criminal offence!) on the 15th day and attract a £100 a day fine for every subsequent day they remained in the same place.

An over-stay offence, it was proposed, should be strict, meaning illness or breakdown would not insulate a boater from prosecution or guilt.

Because the Bill was a piece of 'local legislation' anyone who might be affected by it could apply to attend Parliament and explain, in person, to a dedicated scrutinising Select Committee why and how this and any other proposal was inappropriate.

Boaters attended House of Commons

A small number of boaters, at their own expense and in their own time, attended the Select Committee in the House of Commons over many months to present their concerns for what was seen as draconian. I was amongst them. We argued against British Waterways' professional legal team headed up by QC Mr Drabble. (Nicknamed Mr Drivel.)

George Mudie, MP for Leeds East, supported by three other MPs listened to all submissions, from all contributors, including British Waterways, over 10 weeks or so.

I argued 'sledge hammer to crack a nut, draconian, heavy handed, boater unfriendly and more'.

In the fullness of time the MPs went into private session for several more weeks to consider what they had heard and decide what the law would be.

Aggressive towards customers

On the subject of the 14 day rule, I recall Mr Mudie expressing some dismay at how British Waterways were seemingly so aggressive towards their customers. He explained that if he was on the water he would be unhappy with the strictness and aggression of British Waterways' proposals. He could think of many reasons why 14 days might not be enough. Work and schooling were discussed.

In conclusion, the Select Committee was moved to give British Waterways what they wanted, ie 14 days, but also felt it appropriate to respond to my rationale for longer periods.

Or such longer as reasonable

Consequently Mr Mudie explained as protection for boaters against British Waterways' heavy handedness the law would include the phrase: Or such longer additional time, as is reasonable, in the circumstances.

And that is the law that today is in print on the Statute book. It is Section 17, BW Act 1995.

NB. All elements of the added sentence are unspecified.

CaRT cannot decide

Last comment. What all this means is that if you have a 'reasonable reason' for remaining in one place for more than 14 days your stay is legal. Furthermore only a magistrate can decide on 'reasonableness not CaRT. It can only get a court date.

And that is why we should care about the 14 days rule. It was given to boaters for our protection. We should cherish it, value it and rely upon the protection Parliament gave us.