--- In [email protected], "Garry George" <ggspr...@...> 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?? > > Happy Boating > > Garry & Julie > NB Teila > Shop on the Canal >
FWIW several years ago I seriously looked into and costed the options for kitting up a boat as a mobile training room in which to run my courses. The first thing I did was to consult and write to the MCA. I pointed out, that like you, customers would NEVER be aboard the boat when it was under way and it would always be securely moored when they were aboard. My first reply was just like yours but it also raised questions about life rafts, inspections etc. I immediately asked for information that proved the MCA had ensured the compliance of all the "business barges" BW were putting onto the system and such operations as the café at Braunston and the shop on the Oxford, to include the names and position of the license holder. I pointed out that if the MCA could not prove compliance they would be libel to charges of maladministration. After a while they replied saying that as I was not actually carrying passengers on a moving boat I did not need certification or inspections etc. My advice is to try a similar tack. Also ask BW who holds the boatmaster certificate for their "office" at Paddington and to confirm they are in attendance at all times the public are aboard. If anyone wonders why I did not go ahead it was because I needed to be assured that BW were in a position to reserve short term moorings at venues ( I was more than willing to pay) such as they do long term for day & trip boats etc. They ignored this. Tony Brooks
