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Swinging moorings....overnight stays.

ANDY_W

Member
Joined
19 Oct 2004
Messages
277
Location
somerset
The regulations do not limit the time or distance involved in recreation for physical, mental and emotional well-being. There is no mention of overnight stays, so if an overnight stay is deemed necessary by an individual for the above reasons, it is not explicitly prohibited.

In fact, as far as I can see, provided one believed it was necessary to ones' well-being, one could travel to ones' boat in France without contravening UK law.
 

JumbleDuck

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8 Aug 2013
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21,971
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SW Scotland
Are UK marinas opening up heads and bathrooms?

Otherwise all those people staying on board and taking a dump cant be helping the ambience?
I had this in an email from Port Bannatyne marina on Friday: "Toilets are open although will be closed periodically during the day for cleaning"
 

ashtead

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Joined
17 Jun 2008
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2,636
Location
Surrey and Gosport UK
Facilities at Haslar have been open throughout the lockdown. I would have had more sympathy if they had objected due to shower block usage and said that only liveabords could shower etc in blocks and anyone else had to use whatever facilities they had on board along with black water tanks etc for everyone i.e. If you have holding tanks you can stay aboard in isolation and use any marina but don't expect any facilities to be offered apart from tying up hence preventing accidental dumping . Clearly in somewhere like Hamble point given the tidal rip less of an issue though than say port Solent.
 

prv

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29 Nov 2009
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Southampton
There is no mention of overnight stays
There‘s about to be, as of tomorrow:

http://www.legislation.gov.uk/uksi/2020/558/pdfs/uksi_20200558_en.pdf

See the complete replacement of Regulation 6.

Personally I take the view that “a yacht at anchor overnight poses no risk of infection” is a reasonable excuse. One only has to look around to see that enforcement has been abandoned in practice anyway, undermined by government misinformation.

It‘s sad really, because the lockdown time wasn’t used to achieve anything in terms of controlling the disease, so there is just as much danger now as there was at the beginning. Stand by for tens of thousands more deaths.

Pete
 

prv

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6 (g) (ii) is interesting, particularly after a few drinks on the boat in ones marina🤔
Indeed. All sorts of loopholes and silly side-effects of poor drafting being bandied around on Twitter this afternoon. It’s being pointed out that correcting such errors is part of what Parliament is supposed to be for, but the current government doesn’t like anyone who might hold them to account for anything so this legislation has not gone through Parliament.

Pete
 

DJE

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Joined
21 Jun 2004
Messages
7,018
Location
Fareham
There‘s about to be, as of tomorrow:

http://www.legislation.gov.uk/uksi/2020/558/pdfs/uksi_20200558_en.pdf

See the complete replacement of Regulation 6.

Personally I take the view that “a yacht at anchor overnight poses no risk of infection” is a reasonable excuse. One only has to look around to see that enforcement has been abandoned in practice anyway, undermined by government misinformation.

It‘s sad really, because the lockdown time wasn’t used to achieve anything in terms of controlling the disease, so there is just as much danger now as there was at the beginning. Stand by for tens of thousands more deaths.

Pete
First bugger - I just finished getting the boat ready to launch and they go and change the rules.

Second it appears that from tomorrow there are no restrictions on leaving home at all during the daytime. Big step!
 

bedouin

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Joined
16 May 2001
Messages
27,851
There‘s about to be, as of tomorrow:

http://www.legislation.gov.uk/uksi/2020/558/pdfs/uksi_20200558_en.pdf

See the complete replacement of Regulation 6.

Personally I take the view that “a yacht at anchor overnight poses no risk of infection” is a reasonable excuse. One only has to look around to see that enforcement has been abandoned in practice anyway, undermined by government misinformation.

It‘s sad really, because the lockdown time wasn’t used to achieve anything in terms of controlling the disease, so there is just as much danger now as there was at the beginning. Stand by for tens of thousands more deaths.

Pete
That seems quite a step backwards doesn't it. The new wording of 6(i) seems very woolly.

On your last point that is a very odd statement. Infection rates are well down on where they were, testing is greatly improved and track and trace is (supposedly) in place. This apparent relaxation of the rules won't make much difference to the spread of the virus as it does not legitimise many social interactions that were not allowed previously.

In particular with much wider testing they should get early warnings of a significant increase in infection and introduce e.g. local restrictions where necessary.

There may be a small uptick but no chance of a second peak.
 

Seven Spades

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30 Aug 2003
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Surrey
Indeed. All sorts of loopholes and silly side-effects of poor drafting being bandied around on Twitter this afternoon. It’s being pointed out that correcting such errors is part of what Parliament is supposed to be for, but the current government doesn’t like anyone who might hold them to account for anything so this legislation has not gone through Parliament.

Pete
Perfect just make sure you2 have a good drink before you go to bed and you have an out.
 

[165264]

Account Closed (By user's request)
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Messages
315
A slightly more serious answer is , Go to your boat, get pissed. No longer safe to go home. Sorted. There's nothing about being responsible for your own actions there. Or you could "self-identify" as an "elite athlete", given that you can self identify as a woman even though every nucleated cell in your body has a Y chromosome. Barmy, innit?
 

DJE

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Fareham
There's going to be an outcry from the angling lobby. They were convinced that they had won a concession on night fishing.
 

DJE

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Fareham
A slightly more serious answer is , Go to your boat, get pissed. No longer safe to go home. Sorted. ..........
Barmy, innit?
Or anchor up, wait till sunset then accidentally blow the fuse in the navigation lights. Can't legally travel home till morning!
 

JBJag27

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13 Jun 2016
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2,043
Byelaw / GD'S | Regulations | Poole Habour Commissioners
1. All vessels shall conform to the orders and directions of the Harbour Master.
Sorry guys, he's god.

(3) Byelaws made under this article may—

(a)provide that breach of a byelaw is an offence for which a person is liable on summary conviction to a fine not exceeding level 4 on the standard scale and, in the case of a continuing offence, a further fine not exceeding £50 for each day or part of a day on which the offence is continued after conviction for it;
Having stayed at the town quay marina there, that actually looks quite reasonable though.
It's probably cheaper to raft against the quay and tell the harbour master to get stuffed than it is to pay for a mooring.
 

ANDY_W

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19 Oct 2004
Messages
277
Location
somerset
I didn't see work explicitly listed (apologies if I missed it) which might be interesting as night shifts seem to be a thing in order to get over limitations on the number of people that can be in at any one time.
Regulation 6 para 2(d)(1) " for work purposes". Or, if on regular night shift, time spent asleep during the day as a consequence would no doubt be counted as being at home overnight.
 

ANDY_W

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19 Oct 2004
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somerset
As regards reasonable excuses for staying overnight on the boat, they would have to be such that no reasonable person could have foreseen and taken steps to avoid. The two ideas given above were, no doubt, tongue in cheek, but getting too drunk to drive is eminently avoidable and any prudent mariner operating in
a potentially hostile environment could reasonably be expected to carry spare fuses.

The best thought I have at the moment is to " accidently" go aground about an hour after high water and have to wait for the next high water. Mistakes or incompetence at an amateur level are not offences!
 

prv

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As regards reasonable excuses for staying overnight on the boat, they would have to be such that no reasonable person could have foreseen and taken steps to avoid.
Why? None of the examples listed require to be unforeseen, indeed many of them cannot reasonably be so. Who has an emergency unforeseen “elite athletic competition”?

Pete
 

ANDY_W

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Location
somerset
Why? None of the examples listed require to be unforeseen, indeed many of them cannot reasonably be so. Who has an emergency unforeseen “elite athletic competition”?

Pete
The reasonable excuses included in the amendment to the regulations do not explicitly exclude other reasonable excuses. However, in the context of overnight stays on a boat, the reasonable excuse would have to, in the first instance, satisfy a police officer and, perhaps later, a magistrate.
An attempt to use an "excuse" would have to satisfy the legal definition of reasonable as applied in court. In
other words, what would a law-abiding, averagely intelligent person do, think or say. The degree of reasonableness would alter if the question related to a matter which involved a professional standard of reasonableness as opposed to an amateur in the same circumstances.
In the two cases above, a police officer or a court would rightly expect that a reasonable person would ensure that he/she was fit to return home, and that a reasonably prudent mariner would ensure that a spare fuse was available.
If you wish to try your luck with your approach, please bear in mind that the new regulations now require a police officer to ensure your return home using any reasonable force necessary. It is no longer " here's a ticket, go home", it's " here's a ticket and I'll make sure you go there now".

If you really wish to try to find a reasonable excuse, it has to be believable, possible, and acceptable to the
authorities. Your standards have to match theirs!

I can't believe that, on a forum like this whose members must, by definition, be better educated and more than averagely intelligent, such matters have to be explained.
 
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