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Post by kris on Aug 13, 2019 17:11:52 GMT
Thanks for that, I can't really make head nor tail of the legal speak. Would you mind providing a link to where it came from? I did edit my post. It should say that a licence would not be issues if. Blah blah blah. So they can only not issue if it is not compliant on the day the licence is issued. Anyways here is the link. www.legislation.gov.uk/ukla/1995/1/contents/enactedThanks a lot I'll have a read.
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Post by NigelMoore on Aug 13, 2019 17:13:10 GMT
The ’95 Act provides:
s.17
(4) If— (subject to subsection (6) below) the vessel does not comply with the standards applicable to the vessel on the date when the consent was granted; . . . the Board may give notice requiring the holder of the relevant consent to remedy the default within such time as may be reasonable (not being less than 28 days).
(5) If the holder of the relevant consent does not comply with any notice served pursuant to subsection (4) above then the relevant consent shall determine on the date the notice expires.
(6) Where prior to the grant of a relevant consent a certificate (“the boat safety certificate”) has been issued by a person authorised by the Board so to do in respect of a vessel confirming that the vessel complies with the standards applicable to it at the date upon which the boat safety certificate is issued, subsection (4) (a) above shall have effect throughout the period for which the boat safety certificate is expressed to be valid as if for reference to the date when the consent was granted there were substituted reference to the date when the boat safety certificate was issued.
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Post by Deleted on Aug 13, 2019 17:14:46 GMT
I'm not the one who's posts almost got the forum shut down. Now remind us all Ross which member that was? Somehow I don’t think he has seen the error of his ways, just a bit of naughty fishing - 3 bites so far. Pretty much confirming my theory Ross knows exactly what he is doing - pressing the buttons to get the response he desires. kris telling him to fuck off won't put anyone off, Ross using the forum as his own warped plaything will do that long before anyone is upset by a four letter swear word. For what it's worth Kris was bang on with his response too.
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Post by naughtyfox on Aug 13, 2019 17:15:28 GMT
Doesn't say they wont issue one, just says if your evidence of bss is still valid then you don't need to do anything else. Apart from insurance, and a boat that hasn't been modified in such a way as to render the last BSS invalid.
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Post by kris on Aug 13, 2019 17:19:49 GMT
The ’95 Act provides: s.17
(4) If— (subject to subsection (6) below) the vessel does not comply with the standards applicable to the vessel on the date when the consent was granted; . . . the Board may give notice requiring the holder of the relevant consent to remedy the default within such time as may be reasonable (not being less than 28 days).
(5) If the holder of the relevant consent does not comply with any notice served pursuant to subsection (4) above then the relevant consent shall determine on the date the notice expires.
(6) Where prior to the grant of a relevant consent a certificate (“the boat safety certificate”) has been issued by a person authorised by the Board so to do in respect of a vessel confirming that the vessel complies with the standards applicable to it at the date upon which the boat safety certificate is issued, subsection (4) (a) above shall have effect throughout the period for which the boat safety certificate is expressed to be valid as if for reference to the date when the consent was granted there were substituted reference to the date when the boat safety certificate was issued.Thanks very much Nigel, my dsylexia makes it very hard work trawling through the whole act. So if I'm understanding right, as long as the safety cert is valid on the date of issue of the new liscence then there the liscence should be issued?
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Post by Jim on Aug 13, 2019 17:19:50 GMT
So back to what I said in my original post, challenge them, by phone, letter or in court, or cough up a few months early and get a bsc. Going to have to cough up in a few months anyway, so that's no excuse. If times are hard borrow off your mate Shirley.
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Post by naughtyfox on Aug 13, 2019 17:21:20 GMT
Somehow I don’t think he has seen the error of his ways, just a bit of naughty fishing - 3 bites so far. Pretty much confirming my theory Ross knows exactly what he is doing - pressing the buttons to get the response he desires. Actually - not. I'll whizz through to see what 'bites' I've made. Hang on. (couple of minutes later) No 'bites' intended - it's your warped imagination.
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Post by patty on Aug 13, 2019 17:46:33 GMT
Suggest they try and obtain licence using computer and remove the human element...
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Post by JohnV on Aug 13, 2019 18:23:00 GMT
Suggest they try and obtain licence using computer and remove the human element... I'm sorry I didn't understand that please repeat your request or press # to return to the main menu
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Post by patty on Aug 13, 2019 18:39:21 GMT
Suggest they try and obtain licence using computer and remove the human element... I'm sorry I didn't understand that please repeat your request or press # to return to the main menu Im condensing my words cos there's been a lot of waffle lately I think Ive read the thread right...or then again I may have skimmed over some very important(??) facts... Now i'm waffling.. Kris said that the licence had been requested and denied via a phone call.... therefore if the BSC is valid and it is the requirement that it only be valid remove the human element and just apply on the computer... oh wait... This explanation may be un necessary if u were taking the whatever..... sigh..... I'll shut up now....
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Post by Deleted on Aug 13, 2019 18:43:55 GMT
Suggest they try and obtain licence using computer and remove the human element... I'm sorry I didn't understand that please repeat your request or press # to return to the main menu
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Post by Gone on Aug 13, 2019 18:47:17 GMT
Somehow I don’t think he has seen the error of his ways, just a bit of naughty fishing - 3 bites so far. Your avatar shouts 'smug'. My feeble attempt to construct a happy face. Maybe I will try again, this time going for a miserable face, or will that make me Mr Angry?
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Post by thebfg on Aug 13, 2019 18:53:13 GMT
Thank you NigelMoore i am on my phone so couldn't highlight the specific bit about date
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Post by bod on Aug 13, 2019 19:00:03 GMT
The ’95 Act provides: s.17
(4) If— (subject to subsection (6) below) the vessel does not comply with the standards applicable to the vessel on the date when the consent was granted; . . . the Board may give notice requiring the holder of the relevant consent to remedy the default within such time as may be reasonable (not being less than 28 days).
(5) If the holder of the relevant consent does not comply with any notice served pursuant to subsection (4) above then the relevant consent shall determine on the date the notice expires.
(6) Where prior to the grant of a relevant consent a certificate (“the boat safety certificate”) has been issued by a person authorised by the Board so to do in respect of a vessel confirming that the vessel complies with the standards applicable to it at the date upon which the boat safety certificate is issued, subsection (4) (a) above shall have effect throughout the period for which the boat safety certificate is expressed to be valid as if for reference to the date when the consent was granted there were substituted reference to the date when the boat safety certificate was issued.Thanks very much Nigel, my dsylexia makes it very hard work trawling through the whole act. So if I'm understanding right, as long as the safety cert is valid on the date of issue of the new liscence then there the liscence should be issued? You are partly correct. The boat must have a valid BSC paperwork, also the boat has to be in a safe (BSC items only) condition. Should C&RT consider the boat to be UNSAFE, then a licence can be refused. Asking for a new BSC will confirm the safety of the vessel, or not!
It might be worth asking C&RT why they feel the boat is unsafe, then you will know what the problem is.
Bod
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Post by Deleted on Aug 13, 2019 19:19:28 GMT
Ah is this a "I have a friend who" type thread?
I find the BS topic interesting and I wonder how crt would be able to judge the safety of a boat without actually boarding it.
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