Overstaying on EA Waters - Not Any More

[Alan de Enfield]

Taken from Narrowboat world ( to save you having to go there yourself)

 

AFTER what the Environmental Agency state was a successful pilot scheme, it has given a contract to the country's largest car park enforcement company to put an end to boaters overstaying at 24 hours mooring sites on the Thames.

The move will see car park style enforcement procedures introduced at all its 22 mooring locations to once and for all stop boaters overstaying at its free 24 hour mooring sites along the river, that is a real bone of contention for the majority of boaters, Roger Fox tells us.

Instant fine

NSL, that enforces parking rules over most of the country's car parks, has been awarded the contract, with its officers now patrolling the mooring sites and having the authority to impose an instant fine on overstayers.

The pilot scheme was tested at four mooring sites, and the Agency tells it had immediate results, with the number of complaints dropping drastically, proving that the system works.

 

Big problem

.Nick McKie-Smith, Waterways Operations Manager for the Environment Agency explained:

Abuse of moorings is a big problem for many public and large private landowners on the river; that in turn creates a problem for law-abiding boaters who want to benefit from the free 24 hour mooring period at Environment Agency mooring sites along the Thames.

We have listened to the concerns of our customers and feel that the success of our moorings pilot will not only benefit just boaters but the wider community as well. Boaters will now have a fairer opportunity to stay at Environment Agency riverside moorings to enjoy the local towns, restaurants, shops and leisure facilities which the Thames has to offer.

Enforce mooring charges

NSL Ltd has been awarded the contract to enforce mooring charges to anyone found breaching the new mooring conditions, which will be indicated on signage at Environment Agency moorings.

Unless otherwise indicated, boat owners can stop for free on public open land owned by the Environment Agency, for a maximum period of 24 hours only. Some moorings have an associated charge, either for mooring at any time, or after an initial free period. Unfortunately, some boat owners ignore the time periods they are allowed to stay or do not pay the mooring fees where applicable.

[FadeToScarlet]

Whilst this can be very effective in stopping overstaying- the originator of the scheme helped Ely put one in and it's been very effective- I can see a couple of issues. What if the river is flooded or fast flowing? This is a private company giving out tickets, who will no doubt ticket anything possible then sort it out later. Just because an agency says, "it's OK to navigate now" doesn't mean everyone will be happy moving in the conditions.

[b0atman]

Whilst this can be very effective in stopping overstaying- the originator of the scheme helped Ely put one in and it's been very effective- I can see a couple of issues. What if the river is flooded or fast flowing? This is a private company giving out tickets, who will no doubt ticket anything possible then sort it out later. Just because an agency says, "it's OK to navigate now" doesn't mean everyone will be happy moving in the conditions.

Communication pick up the phone and ring environment agency remember to get persons name who gives permission for overstay.

[erivers]

There is an over-riding right under Section 136 of the Thames Conservancy Act 1932 (amended by S23 of the 1972 Act to remove the reference to byelaws) 'for any vessel to tie up without charge at night or for a reasonable time when not at work unless the traffic of the Thames is impeded' at any mooring site provided by the Environment Agency.

 

Yet another example of the EA and its gold braid decorated Thames navy under Admiral McKie-Smith making it all up as they go along?

Edited December 24, 2015 by erivers

[NB Lola]

So if the statute does not preclude staying longer than 24 hours, the fine system is not legally enforceable?

[erivers]

So if the statute does not preclude staying longer than 24 hours, the fine system is not legally enforceable?

 

There is no 'fine'. There may be an invoice issued for a penalty charge which has the same legal status (and no more) than one issued in a supermarket car park.

[lydfordcastle]

.........This is a private company giving out tickets,...............

 

Not just a private company. It's owned by a Dutch venture capitalist so he'll probably know everything about sticking his finger in a Dyke

[FadeToScarlet]

Communication pick up the phone and ring environment agency remember to get persons name who gives permission for overstay.

Pretty sure the company would ticket regardless and make the boater sort it out later.

[Martin Megson]

There is an over-riding right under Section 136 of the Thames Conservancy Act 1932 (amended by S23 of the 1972 Act to remove the reference to byelaws) 'for any vessel to tie up without charge at night or for a reasonable time when not at work unless the traffic of the Thames is impeded' at any mooring site provided by the Environment Agency.

 

Yet another example of the EA and its gold braid decorated Thames navy under Admiral McKie-Smith making it all up as they go along?

 

 

Be careful quoting the Act, the EA may decide to invoke section 139:

 

139. The person in charge of a pleasure boat or passenger steamer (as the case may be) passing through by or over any of the locks on the Thames shall pay to the Conservators or to the lock-keepers or other persons authorised by the Conservators to receive tolls such toll as may for the time being be fixed by the Conservators but not exceeding the appropriate sum in that behalf specified in the Third Schedule to this Act.

[The Bagdad Boatman (waits)]

Wheel clamps?

[Burgiesburnin]

No matter what "technicality" is dreamed up by offenders.

The only true remedy and way to avoide a fine is to comply.

As usual, if as much thought and ducking and diving was put into compliance rather than avoidance then all would be well.

 

Wait till this system of enforcement is expanded onto the other London waterways, next stop the Regent maybe?

Please also consider that if people were not abusing the moorings already then it would not be lucrative to the "car park" enforcers anyway.

Edited December 24, 2015 by Burgiesburnin

[pearley]

Boaters will now have a fairer opportunity to stay at Environment Agency riverside moorings to enjoy the local towns, restaurants, shops and leisure facilities which the Thames has to offer.

 

But not in 24 hours they won't. In order to secure that nights mooring they'll need to be on their way just after lunch. Add in any time for shopping and you get about 2 hours to actually sightsee.

[Murflynn]

Boaters will now have a fairer opportunity to stay at Environment Agency riverside moorings to enjoy the local towns, restaurants, shops and leisure facilities which the Thames has to offer. GOOD

 

But not in 24 hours they won't. In order to secure that nights mooring they'll need to be on their way just after lunch. why? Add in any time for shopping and you get about 2 hours to actually sightsee. well the poor souls will just have to organise their life better, or stay at a mooring where a longer period is allowed, or pay the penalty (call it a parking fee, like if they are in a town car park). what's wrong with that?

[Graham Davis]

There is an over-riding right under Section 136 of the Thames Conservancy Act 1932 (amended by S23 of the 1972 Act to remove the reference to byelaws) 'for any vessel to tie up without charge at night or for a reasonable time when not at work unless the traffic of the Thames is impeded' at any mooring site provided by the Environment Agency.

 

Yet another example of the EA and its gold braid decorated Thames navy under Admiral McKie-Smith making it all up as they go along?

 

Define accurately what the above highlighted section means?

 

There is no 'fine'. There may be an invoice issued for a penalty charge which has the same legal status (and no more) than one issued in a supermarket car park.

 

And which has lately been found by the High Court in the case of one operator to be "fair and reasonable" and therefore allowable.

[Sir Nibble]

Oh no! the free spirits that are the heart of the waterway will no longer find it so easy to appropriate shared resources as their own! Surely we must all join in solidarity to defend their right to hog facilities. Don't forget that any fool can comply but only those who grab what they want are truly entitled. let us thank the freedom fighters for what they have done.

[Murflynn]

Oh no! the free spirits that are the heart of the waterway will no longer find it so easy to appropriate shared resources as their own! Surely we must all join in solidarity to defend their right to hog facilities. Don't forget that any fool can comply but only those who grab what they want are truly entitled. let us thank the freedom fighters for what they have done.

[NB Lola]

I, forgot. Peace

[erivers]

Be careful quoting the Act, the EA may decide to invoke section 139:

 

139. The person in charge of a pleasure boat or passenger steamer (as the case may be) passing through by or over any of the locks on the Thames shall pay to the Conservators or to the lock-keepers or other persons authorised by the Conservators to receive tolls such toll as may for the time being be fixed by the Conservators but not exceeding the appropriate sum in that behalf specified in the Third Schedule to this Act.

 

No Martin. Section 17 of the 1966 TC Act abolishes all lock tolls for pleasure craft.

[magictime]

There is an over-riding right under Section 136 of the Thames Conservancy Act 1932 (amended by S23 of the 1972 Act to remove the reference to byelaws) 'for any vessel to tie up without charge at night or for a reasonable time when not at work unless the traffic of the Thames is impeded' at any mooring site provided by the Environment Agency.

 

Yet another example of the EA and its gold braid decorated Thames navy under Admiral McKie-Smith making it all up as they go along?

 

Sounds more like a provision for working boatmen to stop overnight and for meals/breaks than anything to do with leisure boating. No idea how it's been interpreted and applied in that context, though.

[Fu Manchu]

No Martin. Section 17 of the 1966 TC Act abolishes all lock tolls for pleasure craft.

 

Interesting. It didn't come into effect as early as that.

 

In May 1974 I was charged 25p to go through each of the locks between Oxford and Reading. It was cheaper than registering the boat when I went down to the K & A where we had a mooring. I kept the receipts.

[OldGoat]

Surely the idea of any leisure navigation nowadays is to be able to use it - and that includes a sporting chance to find a mooring for overnight stops.

You can't do that if limited spaces are occupied by boats that move infrequently.

If boaters who want to cruise short or long term can's stop anywhere, the navigation will die and what's left of the public purse that does support the resources will dry up. The result is a sad ditch.

[cariad]

Tesco's at Reading will see an improvement in sales.

[ditchcrawler]

Tesco's at Reading will see an improvement in sales.

I doubt it, have you seen the mooring restrictions that Reading have put in place there

[MtB]

I doubt it, have you seen the mooring restrictions that Reading have put in place there

 

What are they then?

 

And more pertinently, what measures have been put in place to enforce them?

[ditchcrawler]

 

What are they then?

 

And more pertinently, what measures have been put in place to enforce them?

They charge for any stop up to 24 hrs AIU I will try to find it

They charge for any stop up to 24 hrs AIU I will try to find it

It was on here http://www.canalworld.net/forums/index.php?showtopic=79983&page=1