Problems with the new rules
I TOO was concerned when I first read the new Canal & River Trust terms and conditions with regard to Home Moorings, writes Mike Todd.
The range of problems was immediately apparent as Stuart Field (Idiotic new licence rules?) has set out. As I result I responded to the invitation to comment and received a reply which now forms part of the FAQ's on the CaRT website.
Drafting loose or a minefield
Taken literally, it would seem that the drafting is, at best loose, or at worst a minefield. On the other hand, it is not easy to see how to formulate an alternative that is not hopelessly complex and always in need to modification every time a new case is raised. Case law to that degree is just not helpful to anyone.
The new terms reinforce what is widely agreed as the intent: either a boater has a home mooring or they cruise continuously, fulfilling any reasonable interpretation of that loosely defined term that the courts, ultimately, may agree.
Circumstances change
Of course, boaters' circumstances change and the licence period will rarely coincide with mooring agreements. My original question to CaRT was intended to explore whether it really wanted to process a new licence every time a boater changed the home mooring.
For a probably growing number of people, a mixed pattern through the year of having a home base, such as through the winter months, combined with a long cruise during the better weather, has become the norm. Many, like us, intersperse their cruising with short term moorings to cover time back home, or even on the day job, with a stay in a marina.
It would clearly add a mountain of admin to CaRT's already underfunded operation, if a new licence was processed for each of these. On reflection, unsatisfactory though its response seemed at first, there is probably at this stage not much of a better resolution.
Intention of compliance
In any event, its main focus is on identifying those people who under any interpretation of the rules, fail to have much intention of compliance.
If we are asked about our current status at any time during the year, we will be quite happy to respond, with evidence if needed, but I am equally convinced that CaRT will not be displeased if we reduce the amount of its admin to a sensible minimum!
If anyone is really worried about compliance then send an email to CaRT every time you change and await further instructions. I doubt whether there will be anything other than a polite thank you for CaRT know.