Judge orders removal of boat from Gloucester & Sharpness

British Waterways has successfully obtained a Court Order entitling it to remove a boat from the Gloucester & Sharpness Canal after the owner of the boat unsuccessfully claimed he was using his boat continuously for cruising.

The case followed regular monitoring and record taking by BW patrol officers on the Gloucester & Sharpness Canal.

BW also successfully obtained an injunction preventing the defendant from entering, navigating or mooring the boat or any other vessel on or to any part of the canal system. In addition, the defendant was ordered to pay BW’s costs of £1,760.

The boater was granted a 12 month licence on 1 June 2005 claiming he did not require a mooring permit as he would use his boat continuously for cruising in accordance with the British Waterways Act 1995. Since the boater did not use his boat in accordance with BW requirements (and having written to him on numerous occasions), BW issued court proceedings to have him and the boat removed from its waterways.

The defendant boater has now removed the boat from British Waterways’ waters at his own expense.

"Unfair on law abiding boaters"

Commenting on the case, BW’s Marketing and Customer Services Director Simon Salem said: "BW will not tolerate disregard of the licensing law. It is unfair on the vast majority of law abiding boaters, who diligently pay their licence fees, that some try to flout the continuous cruising requirements. I commend the diligence, patience and professionalism of the BW patrol officers concerned in this case."

Continuous Cruising: If a boat is licensed on a 'continuous cruising' basis it must move on a regular basis. British Waterways ‘Mooring Guidance for Continuous Cruisers’ sets out what is required to comply with the British Waterways Act 1995. The law requires the boater to satisfy BW that the continuous cruising requirements are met and not the other way around. In summary therefore:-

• Continuous cruisers must be engaged in a genuine, progressive journey (a cruise) around the network or a significant part of it;
• They must not stay moored in the same neighbourhood or locality for more than 14 days (unless special reasons prevent onward movement);
• It is the boater’s responsibility to satisfy BW that they keep to the rules.