--- In [email protected], "Mack, David" <david.m...@...> 
wrote:
>
> Peter Stockdale wrote:
> 
> > It could be argued that driver of the average narrowboat over 
> > 23ft in length, travelling on the average narrow canal would  
> > not be affected on the grounds that speed of travel would be 
> > reasonably expected to be less than seven knots.
> 
> It could indeed be argued, but it would be wrong.  See
> 
http://www.dft.gov.uk/consultations/open/exceptionfromalcohol/annexa-
dra
> ftshippingalcoho1.pdf 
> 
> The exemption would apply if the ship (as the regulations term it) 
has
> (a) a length overall less than 7 metres; and
> (b) a maximum design speed not exceeding 7 knots
> 
> So to be exempted you have to meet BOTH criteria - i.e. be less 
than 7 m
> long and a design speed less than or equal to 7 knots. If you meet 
one
> criterion but not the other, you are not exempted from the limit. 
You
> may or may not think that is reasonable, but that is what the 
proposed
> regulations say!
> 
> Also, concepts of the average narrow canal and actual speed of 
travel
> are irrelevant. As drafted the regulations would apply in all 
waters.
> The speed criterion is the design speed of the craft, not of the
> waterway it is used on. Design speed is a rather imprecise concept 
for a
> typical narrowboat, but I imagine some of the overengined craft we 
see
> on the cut these days could probably manage a good 7 knots given 
some
> open water.
> 
> David Mack
>

>From another newsgroup:

You aren't reading the regulations properly.

The regulations do indeed only apply to boats that meet both criteria.

However, what that means is that if you meet both criteria (less than 
7m and less than 7 kt) you gain an exemption from s80 of the act. If 
you fail to meet both criteria, s80 applies to you.

In other words, you are exempt from the exemption. 


Tim

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