tag:blogger.com,1999:blog-2828341878366665609.post5274227152525387458..comments2023-06-12T15:32:39.031+01:00Comments on KAcanalTIMES: Court finds in favour of BW in K&A Continuous Cruising caseAnonymoushttp://www.blogger.com/profile/03740085180701800082noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-2828341878366665609.post-84399530769733414732012-01-06T16:49:08.773+00:002012-01-06T16:49:08.773+00:00...by the way, the court got me on intention - tha......by the way, the court got me on intention - that my primary objective was to maintain my home and access to work when my intention should have been to navigate in good faith. Following this logic, one has to look at the primary intention of the Transport Act and section 43 upon which bw claim their guidelines are built. I'd say that the primary intention of the Act is to regulate vessels used for transportation, and has nothing to do with guidelines that have no force of Law. Neither can a licence be demanded under s.43 when licencing is regulated by the BW 1976 general Canal byelaws. Thats £m's unlawfully demanded and paid unnecessarily by boaters. Took me 6 months to find another job... Bargee Association favour bw's use of section 43, so bewareAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-2828341878366665609.post-21959570092829923132011-04-04T01:10:53.452+01:002011-04-04T01:10:53.452+01:00National Bargee Travellers Association
News Relea...National Bargee Travellers Association<br /><br />News Release<br />3rd April 2011<br /><br />British Waterways v Davies:<br />BW to Revise Continuous Cruising Guidelines<br /><br />But live-aboard boaters’ homes now at risk <br />from court judgement<br /><br />The judgement in British Waterways v Paul Davies handed down on 31st March 2011 in Bristol County Court could have serious consequences for all continuously cruising live-aboard boaters. However, the outcome also means that British Waterways (BW) is to redraft the Mooring Guidance for Continuous Cruisers. In particular BW is likely to drop the requirement to make a progressive journey and to travel around a significant part of the canal network. <br /><br />The judgement was sealed in the County Court and therefore only refers to Mr Davies. It does not create a formal legal precedent, but it is clear that BW will try to rely on it in future cases.<br /><br />The judgement ruled that Mr Davies, who works, socialises and navigates in the 10 mile stretch between Bath and Bradford on Avon, was not using his boat bona fide for navigation. This aspect of the judgement did not consider the right to respect for his home, family and private life conferred by Article 8 of the European Convention on Human Rights. As a consequence of this judgement, many live-aboard boaters may be rendered homeless by BW.<br /><br />The judgement on the meaning of “bona fide for navigation” appears to suggest that a live-aboard boater without a home mooring must genuinely intend to navigate the canal system and not move simply to comply with the law.<br /><br />Nick Brown, the Legal Officer of the National Bargee Travellers Association (NBTA), said “This really does pave the way for social cleansing. The judgement defined ‘bona fide for navigation’ as the intention to navigate in good faith. According to this logic, if you drove at 30 miles per hour in a 30 MPH zone you would be prosecuted for speeding if you were simply observing the speed limit in order to comply with the law, rather than because you believed that 30 MPH was the appropriate speed to drive at. This would make BW the ‘Thought Police’ “.<br /><br />On the positive side, any live-aboards subjected to Section 8 action by BW must be given the opportunity to defend themselves in court. <br /><br />What BW is glossing over is that although the court found that Mr Davies was not using his boat bona fide for navigation, the judgement envisaged a use of the boat that falls short of the Mooring Guidance for Continuous Cruisers but would still comply with the legislation. In consequence, BW has now accepted that it does not have the power to enforce the continuous cruising guidelines in their present form.<br /><br />The NBTA is taking legal advice.<br /><br />--- ENDS ---<br /><br />NOTES FOR EDITORS<br />About The National Bargee Travellers Association<br /><br />Established in 2009, The National Bargee Travellers Association represents and advises Bargee Travellers (itinerants who live on boats) in particular in relation to their housing needs and in defence of their rights under the European Convention on Human Rights. It is a networking organisation that helps vulnerable boat dwelling communities protect themselves.<br /><br />The NBTA also liaises with the settled community and works with public sector bodies such as British Waterways and the Environment Agency in formulating policy and legislation.<br /><br />For more information contact:<br />WWW www.bargee-traveller.org.uk<br />E-mail: press@bargee-traveller.org.uk<br />Tel: +44 (0) 7867 75 70 95<br />Fax: +44 (0) 870 288 9520Nick Brownhttps://www.blogger.com/profile/06536361384930087065noreply@blogger.comtag:blogger.com,1999:blog-2828341878366665609.post-35740573829986807002011-04-03T07:09:13.611+01:002011-04-03T07:09:13.611+01:00This comment has been removed by a blog administrator.The Grumpy Porterhttps://www.blogger.com/profile/09571225230633472414noreply@blogger.comtag:blogger.com,1999:blog-2828341878366665609.post-17620229875667876572011-04-01T22:43:54.624+01:002011-04-01T22:43:54.624+01:00its a pity mr davies contracted with british water...its a pity mr davies contracted with british waterways in the first place by buying a licence.you have a common law right to travel freely without hinderance.providing you dont break the common law.its not british waterways property,it belongs to the people.now that british waterways have refused to contract with mr davies by granting him a licence,any attempt to remove mr davies boat from the water without his consent, will be in direct contravention of common law. anyone comitting this crime or aiding and abeting this crime can be arrested.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2828341878366665609.post-88704063930184470692011-04-01T15:36:51.393+01:002011-04-01T15:36:51.393+01:00The ruling handed down in bristol by district judg...The ruling handed down in bristol by district judge o'malley sets no precedent and refers only to paul. Interestingly, the judgment stated that a continuous journey is NOT required - a journey and navigation are two very different things. Hence bw seek to amend licencing terms and conditions. This brings into question bw's interpretation and use of section 43 of the transport act that permits bw to make reasonable terms and conditions as they see fit... Counsels for bw and paul both agreed that section 43 cannot be read in isolation and must refer to subsequent legislation - none of which require a journey (or fines for 'excess mooring'). The routes used by bw to get paul into court also raise concern. 1st a licence was refused because of a verbal challenge to an excess mooring fee (later withdrawn by bw). 2nd for not continuously cruising the network (judgment denied this) and finally, for not bona fide navigating (bfn) because paul's cruising pattern was geared around maintaining access to water and work between bath and bradford on avon (upheld) where no suitable moorings exist. In conclusion, Judge o'malley credited bw for using the court process to seek clarification of bfn and warned bw that all future enforcement should be conducted through a court. Enforcement was stayed for 3 months to permit paul to find a mooring mr to bfn. Judgment was handed down without order to costs.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2828341878366665609.post-31986702212844476142011-04-01T07:24:26.479+01:002011-04-01T07:24:26.479+01:00Let's hope this means that the continuous moor...Let's hope this means that the continuous moorers on the K.& A. will finally be dispersed and that visitors will be able to find somewhere to tie up in the area.Graham and Jill Findlayhttps://www.blogger.com/profile/12056676757141689845noreply@blogger.com