On 24 Nov 2008, at 20:39, rb999sb wrote:
> The guidelines are just that. They have not been tested in a court of
> law. There is nothing to stop you moving between 3 places, that is
> until they bring in roving mooring permits. Will these be legal?
Keep trying it, Sue!
I note that not IWA nor NABO nor RBOA have done any of the obvious
things to challenge the guidelines if they believed that they would
not stand up. They are based on BW's legal advice, so the first thing
to do would be to obtain Counsel's opinion as to the soundness of
that advice. Next, to set up a test case, whereby a member publicly
refuses to comply with them, and have BW withdraw/refuse to issue a
licence.
Then it would be off to the High Court for a writ by way of mandamus
compelling BW to issue the licence, on the ground that they were
unreasonably refusing to do so.
Then the loser would appeal, and et voila! you have the precedent.
In the meantime, every time you renew your licence you agree to abide
by BW's terms and conditions, which explicitly include the mooring/
continuous cruising guidance. So every licensed boat on BW's water
has agreed to comply, "genuine journey" requirement and all.
The same arguments would apply, mutatis mutandis, to the roving
mooring permit if it were to be introduced - it would be legal until
someone asked a judge to rule that it wasn't. I'm not keen on the
concept myself, for the reasons already rehearsed in this group, but
it would at least create a cash incentive for BW to enforce the
mooring guidance.
All the best
Bruce
There are no strangers on the cut, only boaters we've yet to meet.
[Non-text portions of this message have been removed]
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