Garry wrote: > Let me explain. > On the 27th March 2009 We were sent a letter from BW, which > I received on the 29th, saying that MCA ( Maritime & > Coastguard Agency ) has introduced a new statutory > requirement that affects the operators of trading and > passenger boats on the inland waterways. In short any boat > that has a trade licence has to have at least a helmsman > cert. This came into affect on the 31st March 2009. > After a lot of phone calls to both BW & MCA , we are now > between two bureaucracies that have different views. MCA says > we do come under the rules as we have a trading licence, > which means it`s illegal to move my boat without the required > certificate. BW says it`s OK to move the boat but won`t put > it in writing,for me to send to MCA for approval. Oh yes BW > knew about this change was coming in 2003/2005/2007 ( > information from MCA ) They (BW ) did say that changes, > maybe, are on the way, (amendments/exemptions) but no time > scale. Which leaves us in the, do the cert and later get > exempt, which is a waste of time and more important, money. > Or have to do the cert. (which we have`nt budgeted for) when > we can, being that they (BW ) gave us 4 days notice. Both > ways the boat can`t move. > So we ain`t moving till we have it in black & white, not > word of mouth. I can trade but not move the boat till it`s sorted. > The worring thing is the area enforcement officer did`nt know > anything about it, we exlained, that He was breaking the law > by asking us to move, which is breaking the law. > So thats the reason why we are over-staying, other traders > are moving about, if they have the cert, no probs, if not, > they are taking the risk of invalid insurance and the wrath > of the MCA, if anything happends that brings it to their > attention, accident/damage/personal injury. > Just a little thought, hire boats have a leisure & buisness > licence displayed, is`nt that classed as a trade or > commercial licence??
This has been discussed at length on the hNBOC mailing list, since it affects a number of unconverted working boats which carry the occasional load. It is being discussed with BW and MCA, but I'm not aware of anyone who is refusing to move until it is all sorted out. And I doubt that there's many small traders who have a certificate yet - not least because most didn't know about it until the BW letter at the end of March. I have also heard the view that shop boats can move providing they are not trading while moving. After all, the MCA aren't interested in what class of BW licence you have, only if you are a commercial operation in their terms. So if, whole the shop is closed to customers, and you are moving your boat, with stock which you own on board, I can't see the problem. David Mack
