Rules according to the 'Bargees'

BOAT dwellers without home moorings who cruise in a limited area are complying with the law, contrary to Victor's assertion (1st March, Best 'own goal' yet?) writes Pamela Smith, 'Chair', National Bargee Travellers Association.

Boat dwellers are happy to comply with the clearly stated, lawful requirement not to remain continuously in any one place for more than 14 days. But Section 17 of the British Waterways Act 1995 does not contain any requirement to travel a minimum distance or to follow any specific travel pattern beyond the 14 days limit.

No minimum distance

Canal & River Trust itself has not stated what distance it considers 'far enough. Indeed, in December 2012 Canal & River Trust's own Towpath Mooring Q and A conceded that it would be acting beyond its powers to set a minimum distance.

Complying with the 1995 Act by using the boat 'bona fide for navigation without remaining continuously in any one place for more than 14 days' does not mean that we are prohibited from having a job, sending our children to school or receiving health care in one place. We will not be bullied into complying with unlawful 'rules' that go beyond what is stated in the 1995 Act.

No 'return within' time limit

The law does not contain any 'no-return-within' time limit prohibiting a boat from returning to a place within any specific timescale. Indeed, a no-return limit was proposed in the course of drafting the 1995 Act, but does not appear in the final version of Section 17.

This is because in drafting the 1995 Act, Parliament acted to protect boat dwellers from homelessness. This section is worded in order to encompass a wide variety of different travel patterns of boaters without permanent moorings, including those who need to stay within reach of a place of work, children's education, health care or elderly relatives.