CanalCuttings - Your FREE Online-world British Inland Waterways, Narrowboat, River Cruiser, Canal Boat Magazine, Info Source and Britain's & Narrowboat Holiday Guide.

---

Around 850 Pages of Information and Features About Canals, Navigable Rivers and Their Usage - We're not just a Narrowboat World Magazine. The website includes River and Inland Waterways information - UK Inland Waterways Press Releases and Articles Invited.

British Waterways' Response To The Piece On The BBC The One Show, Thursday 9 June 2011 With Regard To 'Continuous Cruising'

Britain’s canal network is enjoying an unprecedented renaissance far beyond the original freight-carrying vision of the Georgian investors and engineers who built it 200 years ago.

The network is used by more people today than at any time in its history, with 35,000 boats licensed on the waterways and around 13 million towpath visitors a year.

British Waterways is proud to care for such a vibrant and well-loved national asset and, as such, it strives to manage the national waterway network in a balanced way that is fair to all users.

A small proportion of boaters choose to live on their boat without a home mooring, instead opting to ‘bona fide navigate’ around the network, moving their boat to a new destination every 14 days. This works well for the majority of continuous cruisers.

However there is some debate over the interpretation of the continuous cruising guidelines. Following a recent Court judgment relating to a boater living on the Kennet & Avon Canal, British Waterways has amended its continuous cruising guidelines to clarify what constitutes a ‘bona fide navigation’ for the purposes of boat licensing.

British Waterways is currently consulting on specific proposals for two geographical areas (parts of the Kennet & Avon Canal and the River Lee). Representatives of boating groups are closely involved in this process.

You may also be interested in British Waterways’ project officer, Damian Kemp’s, blog on the River Lee project.

What is a ‘continuous cruising licence’?

All boats on British Waterways’ canals and rivers have to hold a licence. To qualify, a boat must have a home mooring – somewhere where it may lawfully be kept when not being used for cruising. An exception is made for boats which ‘bona fide’ navigate throughout the period of the licence – this means that they must move on every 14 days. These boat owners are only required to pay the cost of the boat licence as they are not permanently moored in one place and are instead continuously moving around the waterway network. You can find out more about boat licensing here.

What is the issue?

One of the great things about canal boating is the ability to tie up almost anywhere along the towpath. Thousands of holiday makers and leisure boaters depend on this. Live aboard boaters can be a huge asset to the waterways. Valuable as they are, this does not give them the rights to occupy a particular length of towpath mooring for long periods of time. To stay in the same place, boat owners need to find, and be prepared to pay for, a long term mooring.

The majority of long term moorings are owned privately. In a similar way to the house market, the cost of a long term mooring varies depending on the location – more popular areas have a higher price tag. Long term moorings are often supplied with services such as waste disposal and a water supply and may require local authority planning consent, and for this reason, they are in short supply. We are actively encouraging local councils to consider relaxing their restrictions on this consent so that more marina operators are able to welcome residential boats.

Why is this happening now?

The popularity of Britain’s canals and rivers has meant that we now have more boats using the network than at the height of the Industrial Revolution. The popularity of some areas on the waterways network has rapidly increased in recent years and, as the authority charged with maintaining canals in the public interest, British Waterways has to ensure that it manages this in the most balanced and fair way. We are now looking to clarify the law so that any grey areas are eliminated and we can resolve any disputes quickly.

What changes are you proposing to make?

There is no change being made to the law or the boat licence conditions - continuous cruisers must keep on the move and not stay in the same place for more than 14 days. This makes it very, very hard to combine a continuous cruising lifestyle with long term commitments in a particular town.

Rather, we are seeking to clarify what constitutes as a bona fide navigation, therefore eliminating any confusion as to the obligations that a continuous cruiser signs up to when they purchase a boat licence.

Is British Waterways’ interpretation of the law correct?

British Waterways has a statutory duty to interpret relevant legislation which is sometimes quite widely framed. It developed the interpretation affecting continuous cruisers in close consultation with boating representatives in 2004 and genuinely believes it to be sensible, reasonable and a reflection of what the Parliament at the time intended. We only take cases to court where all other reasonable steps have been taken to reach a solution. [Soft Break][Soft Break]In March 2011, His Honour Deputy Judge O’Malley ruled in favour of British Waterways’ interpretation of Section 17 of the British Waterways Act 1995 (relating to Continuous Cruising) in a particular case of a boater failing to follow the mooring guidance. The Judge found that the Defendant, (who lives on his boat and was moving no further than within a 12 mile stretch of the Kennet & Avon Canal), had not complied with the requirements of the 1995 British Waterways Act.

This ruling demonstrates that we are correct in how we have interpreted the law and we are now working to come to an agreement as to how to prevent unlimited expansion of long term towpath mooring, particularly in popular hot spots.

How many people will these proposals effect?

There are currently some 35,000 boats licensed on British Waterways-managed canals and rivers. A little over 10% of these are continuous cruisers whom British Waterways welcomes providing that they follow the rules.

How do I find more about living on a boat?

The idea of living aboard a romantic, brightly painted narrowboat is hugely appealing to many people wearying of the rat race, but it’s a big step to take. Weigh up the enjoyment of the waterways’ scenery, tranquillity and strong sense of community against the loss of many home comforts, such as a sewer connection, mains water always on tap, and storage space. You’ll need a licence, mooring, insurance and a safety certificate for the boat so it’s not always a cheap option. You can find out more at www.BritishWaterways.co.uk or from the Residential Boat Owners’ Association - www.RBOA.org.uk