> --- 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: "Tim Lewis" <[email protected]> > 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.
Ah, I see, now that you say that, it's all very clear. Exempt from the exemption, of course silly me, I had no idea I might be exempt at all. The s80 comes into play after failing to meet the criteria. Obvious really. The same rule applies in Morning Crescent but only in the 2nd non extended version:-) Regards, Andrew
