Post by Deleted on Dec 22, 2021 16:46:11 GMT
Copy and paste from nbta.
Beware of CRT’s Improper Mooring Process
December 22, 2021 NBTA
Canal & River Trust (CRT) has added yet another layer of enforcement to its already heavy-handed enforcement policy. Inevitably this will impact most severely on Bargee Travellers, who are on the waterways all year round and who will now face the possibility of their boat licences being terminated for mooring in places where CRT has had no issue with them mooring up to now. CRT state that this process has now been rolled out to the whole of its waterways apart from the so-called ‘Water Safety Zone’ areas on the River Lea. It will be enforced there starting in January 2022. This includes enforcement against boats that moor on ‘no mooring’ signs. We expect CRT to use the process against Bargee Travellers who are mooring for 14 days in the so-called ‘Safety Zones’ in protest against the River Lea restrictions.
Dave Mendes da Costa, an NBTA activist who is one of the Private Boating representatives on the CRT Council, reports from a meeting between the Council boating representatives and CRT last week:
“A few years ago CRT started trialling its Improper Mooring (IM) process. The idea is CRT want to have a standard and consistent approach to mooring practices which create danger or obstruction to the navigation. CRT has always stated to Council representatives that it sees this as an ‘education first’ process built around communication. Improper mooring includes mooring on areas marked as ‘no mooring’, mooring too close to a bridge, mooring on sharp bends and remaining on facility points when not using them.
Recently, CRT sent out some letters in error to boats on the River Lea telling them that they were in this process and if they didn’t alter their mooring within 28 days their licences would be terminated. I raised this with CRT as it moved for too fast to termination and didn’t meet their intention to be based on education and conversation.
CRT presented the new revised process to boater reps. The process is:
(1) Improper Mooring is spotted by a ranger or other CRT official, three photos need to be taken as evidence that the mooring is improper, the ranger on the ground is meant to knock on the boat to have a discussion with the boater and to take other reasonable steps to try and explain the situation to the boater and resolve the situation at this point. A card is left on the boat – this will explain what the issue is. (I think that a letter/email is also sent separately.)
(2) If the issue has not been resolved within 28 days then there is a second warning letter and CRT will move to suspend the licence.
(3) There will then be an investigation to determine next steps including licence termination.
(4) If deemed appropriate, CRT will then terminate the licence. If not, the boater can continue cruising but if they are spotted mooring improperly again CRT may go straight to step 2 and suspend the licence, depending on the severity of the issue. While this process is better than the quick move to termination which the letters sent in error revealed, there remains a significant amount of discretion for CRT rangers and other enforcement staff to determine what they see as improper mooring.
I have highlighted this to CRT who are of the view that their officers will be sensible. I’ve asked for an update on the roll out in 6 months and data on what is happening with the process (eg how many boats are in it, what steps do they get to, what are the reasons for improper mooring).”
If you find yourself in CRT’s Improper Mooring process, it is important to check that the process has been followed properly including asking for copies of the 3 photos and to challenge the application of the process if you think it is being wrongly applied to you, or if the process is being used in a contentious and/or disproportionate way, or if you have moved within the 14 day timescale but CRT is continuing to escalate the process against you. It is also important to have evidence that you have moved in response to an Improper Mooring notice, such as a dated photograph of your boat in another location.
The NBTA will be closely watching the application of this process to Bargee Travellers so please contact the NBTA if you have any concerns about it, especially if you have received Improper Mooring notices for mooring in a place that previously CRT had no issue with.
If you are an NBTA Volunteer Caseworker and you are assisting boaters who are in this process, you may want to advise the boater to check that the process has been followed properly including requests for copies of the 3 photos and to challenge the use of the process where appropriate. Please also let Dave – davecrtcouncil@gmail.com – know if you see the process being used in a contentious and/or disproportionate way
Beware of CRT’s Improper Mooring Process
December 22, 2021 NBTA
Canal & River Trust (CRT) has added yet another layer of enforcement to its already heavy-handed enforcement policy. Inevitably this will impact most severely on Bargee Travellers, who are on the waterways all year round and who will now face the possibility of their boat licences being terminated for mooring in places where CRT has had no issue with them mooring up to now. CRT state that this process has now been rolled out to the whole of its waterways apart from the so-called ‘Water Safety Zone’ areas on the River Lea. It will be enforced there starting in January 2022. This includes enforcement against boats that moor on ‘no mooring’ signs. We expect CRT to use the process against Bargee Travellers who are mooring for 14 days in the so-called ‘Safety Zones’ in protest against the River Lea restrictions.
Dave Mendes da Costa, an NBTA activist who is one of the Private Boating representatives on the CRT Council, reports from a meeting between the Council boating representatives and CRT last week:
“A few years ago CRT started trialling its Improper Mooring (IM) process. The idea is CRT want to have a standard and consistent approach to mooring practices which create danger or obstruction to the navigation. CRT has always stated to Council representatives that it sees this as an ‘education first’ process built around communication. Improper mooring includes mooring on areas marked as ‘no mooring’, mooring too close to a bridge, mooring on sharp bends and remaining on facility points when not using them.
Recently, CRT sent out some letters in error to boats on the River Lea telling them that they were in this process and if they didn’t alter their mooring within 28 days their licences would be terminated. I raised this with CRT as it moved for too fast to termination and didn’t meet their intention to be based on education and conversation.
CRT presented the new revised process to boater reps. The process is:
(1) Improper Mooring is spotted by a ranger or other CRT official, three photos need to be taken as evidence that the mooring is improper, the ranger on the ground is meant to knock on the boat to have a discussion with the boater and to take other reasonable steps to try and explain the situation to the boater and resolve the situation at this point. A card is left on the boat – this will explain what the issue is. (I think that a letter/email is also sent separately.)
(2) If the issue has not been resolved within 28 days then there is a second warning letter and CRT will move to suspend the licence.
(3) There will then be an investigation to determine next steps including licence termination.
(4) If deemed appropriate, CRT will then terminate the licence. If not, the boater can continue cruising but if they are spotted mooring improperly again CRT may go straight to step 2 and suspend the licence, depending on the severity of the issue. While this process is better than the quick move to termination which the letters sent in error revealed, there remains a significant amount of discretion for CRT rangers and other enforcement staff to determine what they see as improper mooring.
I have highlighted this to CRT who are of the view that their officers will be sensible. I’ve asked for an update on the roll out in 6 months and data on what is happening with the process (eg how many boats are in it, what steps do they get to, what are the reasons for improper mooring).”
If you find yourself in CRT’s Improper Mooring process, it is important to check that the process has been followed properly including asking for copies of the 3 photos and to challenge the application of the process if you think it is being wrongly applied to you, or if the process is being used in a contentious and/or disproportionate way, or if you have moved within the 14 day timescale but CRT is continuing to escalate the process against you. It is also important to have evidence that you have moved in response to an Improper Mooring notice, such as a dated photograph of your boat in another location.
The NBTA will be closely watching the application of this process to Bargee Travellers so please contact the NBTA if you have any concerns about it, especially if you have received Improper Mooring notices for mooring in a place that previously CRT had no issue with.
If you are an NBTA Volunteer Caseworker and you are assisting boaters who are in this process, you may want to advise the boater to check that the process has been followed properly including requests for copies of the 3 photos and to challenge the use of the process where appropriate. Please also let Dave – davecrtcouncil@gmail.com – know if you see the process being used in a contentious and/or disproportionate way