Easter Boating?

[dom]

Without rekindling the lockdown debate, it seems that many lawyers are of the view that nights away from home in a second house are fine from next Monday 29th March.

At least they are according to the Telegraph referencing second homes but legal experts seem to think the same applies to boats:
What you can and can't do from March 29 as lockdown rules start easing

Easter holiday at second home in UK will be legal – but Downing Street still says ‘don’t do it’

Key quotes:
"However, a loophole means that families who own second homes can legally stay at them as of Monday. "

"The text does not clarify whether the guidance against overnight stays away from home applies to a family's second home or holiday home. Separately, it has emerged that there is no provision in the legislation published this week to underpin the roadmap that legally requires families to avoid overnight stays at a second home. "

"On Tuesday, a senior Whitehall source accepted that the "Stay Home" edict will be repealed on March 29 but insisted the Government's "strong guidance" is for families to remain overnight at their primary residence until Step 2 of the roadmap, "

 

[bdh198]

Without rekindling the lockdown debate, it seems that many lawyers are of the view that nights away from home in a second house are fine from next Monday 29th March.

At least they are according to the Telegraph referencing second homes but legal experts seem to think the same applies to boats:
What you can and can't do from March 29 as lockdown rules start easing

Easter holiday at second home in UK will be legal – but Downing Street still says ‘don’t do it’

Key quotes:
"However, a loophole means that families who own second homes can legally stay at them as of Monday. "

"The text does not clarify whether the guidance against overnight stays away from home applies to a family's second home or holiday home. Separately, it has emerged that there is no provision in the legislation published this week to underpin the roadmap that legally requires families to avoid overnight stays at a second home. "

"On Tuesday, a senior Whitehall source accepted that the "Stay Home" edict will be repealed on March 29 but insisted the Government's "strong guidance" is for families to remain overnight at their primary residence until Step 2 of the roadmap, "

From the 29th March a whole new set of regulations come into force, and replace the regulations currently in force. These regulations are The Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021

These regulations effectively mirror the government’s “road map“ out of lockdown announced by Boris Johnson a couple of weeks ago: COVID-19 Response - Spring 2021

A key difference with the new regulations is that there will no longer be a restriction on leaving or being outside the place you are living without a reasonable excuse. That is the regulation that prevents you from staying away from home at the moment.

The new regulations will come into force in stages mirroring the roadmap. “Step 1” which takes effect on the 29th March can be found under Schedule 1. This schedule is in two parts and places restrictions on gatherings and business. Note, there are no restrictions on individuals staying away from the place they are living: The Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021

So you are right, there is no restriction on someone who owns a second home staying in their second home from Monday 29th March. This would also apply to staying on your boat. So long as you are on your own, with members of your own household or with people in a “linked household” you won’t be breaking the regulations.

Step 3 (Schedule 3 of the regulations) is the one that will allow you to stay aboard with people not in your household. That part of the regulations is not expected to come into force until the 17th May at the earliest.

Remember, the Government Guidance is NOT the law. Therefore, although the guidance might advise you to stay at home, you will not be breaking the law if you don’t. You’ll only be breaking the law as an individual if you breach the gathering restrictions or travel restrictions (foreign travel).

So the short answer is “yes”, under the new regulations coming into force on Monday you can spend the night on your boat.

 

[lustyd]

Good to know. Having watched the utter chaos at the school opposite my house for the past couple of weeks with no masks, hugging, chatting for hours on end, and probably 1000 people turning up twice a day (most kids are collected and dropped off by both parents!) I don't feel any guilt in staying alone on my own boat whatsoever. Vaccines are going well, we're two weeks in to easing restrictions and there's not yet a discernable rise in cases, although the full effect won't show for another week. It'll be nice to see the outside world again!

 

[dom]

From the 29th March a whole new set of regulations come into force, and replace the regulations currently in force. ....

What a well argued and matter of fact answer ?

 

[Blue Sunray]

Unfortunately for their Berthholders MDL do not appear to be Telegraph readers:

Can I stay on my boat overnight?
No earlier than Monday 12th April 2021, restrictions on overnight stays will be lifted (single household bubble only).

 

[TernVI]

The difference between staying in your holiday cottage and staying on your boat is the shared facilities in the marina.
From a dinghy racing perspective, there is some vagueness about when changing rooms and showers will be available, when we start racing next weekend we will be going home in our smelly wetsuits with our thirsts unquenched.
The pong may help with social distance!

 

[DJE]

From the 29th March a whole new set of regulations come into force, and replace the regulations currently in force. These regulations are The Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021

These regulations effectively mirror the government’s “road map“ out of lockdown announced by Boris Johnson a couple of weeks ago: COVID-19 Response - Spring 2021

A key difference with the new regulations is that there will no longer be a restriction on leaving or being outside the place you are living without a reasonable excuse. That is the regulation that prevents you from staying away from home at the moment.

The new regulations will come into force in stages mirroring the roadmap. “Step 1” which takes effect on the 29th March can be found under Schedule 1. This schedule is in two parts and places restrictions on gatherings and business. Note, there are no restrictions on individuals staying away from the place they are living: The Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021

So you are right, there is no restriction on someone who owns a second home staying in their second home from Monday 29th March. This would also apply to staying on your boat. So long as you are on your own, with members of your own household or with people in a “linked household” you won’t be breaking the regulations.

Step 3 (Schedule 3 of the regulations) is the one that will allow you to stay aboard with people not in your household. That part of the regulations is not expected to come into force until the 17th May at the earliest.

Remember, the Government Guidance is NOT the law. Therefore, although the guidance might advise you to stay at home, you will not be breaking the law if you don’t. You’ll only be breaking the law as an individual if you breach the gathering restrictions or travel restrictions (foreign travel).

So the short answer is “yes”, under the new regulations coming into force on Monday you can spend the night on your boat.

Good news. After three weeks of frantic outdoor recreation at the yard the boat is now ready to launch.

 

[Driftingby]

Excellent, there may be somewhere to park my car when I come down at Easter to do mine....

 

[DJE]

Excellent, there may be somewhere to park my car when I come down at Easter to do mine....

Should be lots of space they are planning to launch about 50 of us next week.

 

[Adios]

Step 3 (Schedule 3 of the regulations) is the one that will allow you to stay aboard with people not in your household. That part of the regulations is not expected to come into force until the 17th May at the earliest.

Unless they are in your bubble in which case its the same as if they were in your household. So that could be either they or you live on your own and if challenged you can say they are in your bubble. I think thats right anyway, double check if you feel the need

 

[[2068]]

The difference between staying in your holiday cottage and staying on your boat is the shared facilities in the marina.
From a dinghy racing perspective, there is some vagueness about when changing rooms and showers will be available, when we start racing next weekend we will be going home in our smelly wetsuits with our thirsts unquenched.
The pong may help with social distance!

I have water, loo with holding tank, onboard shower ... absolutely no need to to use shared facilities.

 

[SailingDog]

Let's not be too hasty chaps, the weather forecast doesn't look too promising. Boating and drinking beer in the rain, no thanks.

 

[TernVI]

I have water, loo with holding tank, onboard shower ... absolutely no need to to use shared facilities.

Good for you.
I bet there would be a lot of moaning if the loo blocks weren't open though.
A lot of sailing boats don't have holding tanks.

Good forecast for next weekend, NE breeze could be a bit nippy, but relatively flat sea and not too much risk of going for a swim!

 

[dom]

I think many marinas don't want people staying aboard until 12th, a fairly reasonable position.

So before the 12th, I think the option here is to go out and stay out until return. Only that is legally fairly clear cut.

Or else daysail.

 

[stranded]

I think many marinas don't want people staying aboard until 12th, a fairly reasonable position.

So before the 12th, I think the option here is to go out and stay out until return. Only that is legally fairly clear cut.

Or else daysail.

I don’t see that not allowing people to stay on their boats is a defensible position for marinas to take. We are lawfully allowed to do so from tomorrow and we should be fighting tooth and nail to exercise our freedoms in order to reclaim them. That does not mean being careless of other people, but if you can look yourself in the mirror and say what you propose to do does not significantly increase the risk to others, then get out there and reclaim your life. And if the marina stops you and you have the means, sue them for breach of contract. There is I fear a very real danger that our (to me amazingly) supine surrender of the most basic freedoms will embolden this and future administrations, egged on by academics and experts who have loved their year in the sun, to try it again on much thinner pretexts. We need to be clear that we will not accept that.

 

[dom]

I don’t see that not allowing people to stay on their boats is a defensible position for marinas to take. We are lawfully allowed to do so from tomorrow and we should be fighting tooth and nail to exercise our freedoms in order to reclaim them. That does not mean being careless of other people, but if you can look yourself in the mirror and say what you propose to do does not significantly increase the risk to others, then get out there and reclaim your life. And if the marina stops you and you have the means, sue them for breach of contract. There is I fear a very real danger that our (to me amazingly) supine surrender of the most basic freedoms will embolden this and future administrations, egged on by academics and experts who have loved their year in the sun, to try it again on much thinner pretexts. We need to be clear that we will not accept that.

The loophole we're sliding though here is to do with second homes characterised by a lack of shared facilities. In which context the marinas' interpretation seems reasonable.

There are battles worth fighting, but I can't see this 12 day window being one of them. And a judge might throw a case out anyway!

 

[[2068]]

I don’t see that not allowing people to stay on their boats is a defensible position for marinas to take. We are lawfully allowed to do so from tomorrow and we should be fighting tooth and nail to exercise our freedoms in order to reclaim them. That does not mean being careless of other people, but if you can look yourself in the mirror and say what you propose to do does not significantly increase the risk to others, then get out there and reclaim your life. And if the marina stops you and you have the means, sue them for breach of contract. There is I fear a very real danger that our (to me amazingly) supine surrender of the most basic freedoms will embolden this and future administrations, egged on by academics and experts who have loved their year in the sun, to try it again on much thinner pretexts. We need to be clear that we will not accept that.

I'm not sure it's worth getting a reputation as "An awkward bugger that didn't follow our rules" for the sake of 12 days.

Where I am is quite "local": people that cause issues sometimes find themselves in a burning wicker basket surrounded by dancing girls.

 

[stranded]

The loophole we're sliding though here is to do with second homes characterised by a lack of shared facilities. In which context the marinas' interpretation seems reasonable.

There are battles worth fighting, but I can't see this 12 day window being one of them. And a judge might throw a case out anyway!

My (very reasonable and responsible) marina rightly leaves it to individuals to make their own decisions (so long as they are in accordance with the law). The facilities have been open for the duration after an initial close down while they like everyone else tried to work out what the hell was going on. Up to you which battles you fight but the marina will be in breach of contract (I presume, not knowing what the contract actually says). And worse than that is a private company imposing its own views on handling a global pandemic. If the government wanted to actually stop you staying away, they would have legislated for it - it is not like they have been shy about doing so - 410 covid related SIs so far.

 

[TernVI]

Sleeping in your home marina isn't exactly aspirational yachting.

Caravan parks are opening on the 12th of April. If a marina views sleeping on a boat on their premises as being pretty similar, you'd have a tough case to argue against them.

 

[stranded]

The law prohibits the opening of a business that “consists of” providing holiday accommodation. A caravan site does, even, arguably, in the case of static privately owned vans, so must stay closed. Most marinas don’t - their business consists of providing parking for privately owned boats and thus they are not prohibited to open. If this distinction is wrong, marinas should not be open at all, whereas I understand that many (most?) are. Which suggests they believe the distinction is right, in which case there is no legal basis for them to prohibit overnight stays.