Canal & River Trust introduces new licence for boat renting

[PhilAtterley]

38 minutes ago, Mike the Boilerman said:

 

Ok, reading S.3(1) of the act it appears the vessel cannot be a houseboat if bona fide used for navigation.

The act does NOT say if not used bona fide for navigation the vessel IS a houseboat. 

Not quite the same as you assert, I don't think.

 

True, but the effect and meaning is precisely as I stated.

[Muddy Ditch Rich]

The extra charge over and above a standard pleasure boat licence for this static letting licence is then unlawful ?

 

[NigelMoore]

22 minutes ago, Muddy Ditch Rich said:

The extra charge over and above a standard pleasure boat licence for this static letting licence is then unlawful ?

 

The extra charge over and above the charge for a standard powered hire pleasure boat of the same length would be unlawful, yes.

[Allan(nb Albert)]

8 hours ago, NigelMoore said:

It is not as clear as it should be. The power to subdivide the categories of pleasure boats arises from the 1971 Act respecting certificates, not licences. Nonetheless, it seems reasonable by extension that they can do this for licences, because the categories must exactly conform to each 'relevant consent', if only because the 1983 Act inextricably ties the charge levels for either to each other.

The drawback for CaRT is that under the 1971 Act, the charges for sub-divided classes of pleasure boat certificate cannot be greater than that for the standard class of pleasure boat certificate [whether hire or private]. In other words the fees for sub-divisions of the hire boat licence cannot be greater than those for hire boats as originally catered for, and [again by extension, though not spelled out], those were originally fixed [for certificates] at roughly 150% of the fees for equivalent private, non-hired boats.

As noted earlier, it was the opinion of the Ministry of Transport that the "as they see fit" charging could not extend to the licensing of boats.

It is probably worth reading the 1995 Act S17 (7)(a) regarding subdivision. The Act introduces multi user licences in primary legislation as a subdivision of pleasure boat.

[NigelMoore]

1 hour ago, Allan(nb Albert) said:

It is probably worth reading the 1995 Act S17 (7)(a) regarding subdivision. The Act introduces multi user licences in primary legislation as a subdivision of pleasure boat.

A matter of semantics perhaps; the Act recognises that  [by then existing] sub-division rather than creates it, and differentiates the applicable standards and their importance.