Easter Boating?

[DJE]

I plan to overnight on my boat from now on regardless of the law or the recommendations. Nobody bothered me at anchor last year, I'm sure this year will be the same.

However, I'm not convinced by the logic that "a second home is like a home and a boat is like a second home so it's legal to stay overnight on one" which seems to be the argument here. Can someone point me at a better source to convince me nights on the boat on a swinging mooring or anchored is legal?

It's legal because the regulations don't make it illegal. The guidance is not the law.

 

[Mark-1]

It's legal because the regulations don't make it illegal. The guidance is not the law.

Aren't overnight stays currently illegal with the exception of 'homes' until at least April? If not then yeah, it's Miller Time.

 

[ryanroberts]

I would possibly use the sea pikey excuse when not in my home port, not sure how they can stop that but I really don't want to get into conflict with harbour authorities for doing harmless things like anchoring off in Portland or whatever.

 

[Mark-1]

I would possibly use the sea pikey excuse when not in my home port, not sure how they can stop that but I really don't want to get into conflict with harbour authorities for doing harmless things like anchoring off in Portland or whatever.

I'd just apologise and move on. But then what can they actually say/do? Unless they watched me all night they have no idea when I arrived, how long I'd been there or when I planned to leave.

If I felt like offering an excuse (I wouldn't) I could say engine cooling water appeared to slow so I stopped. Start engine. "Oh it's fine now, bye!" Actually, I could just open the throttle give it full choke and make a claim of engine trouble true just by flooding it. He's hardly going to check the throttle position and if tried himself and it burst into life , then "Thankyou kind sir, you fixed my engine.".

 

[DJE]

The trouble is that the regulations which were half a dozen pages last year have now grown into this monstrosity! But schedule 1 for step 1 (where we are now) has: Part 1, Restrictions on gatherings; Part 2, Closure of, and restrictions on, businesses; and er, that's it! Nothing in there about restrictions on travel or staying away from home. But Boris says it is strongly discouraged or some such in the guidance but if that was the intent then why isn't it in the regulations?

Best of luck trying to understand schedules 7 and 8 but there is this note at the end:-

EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations impose restrictions on gatherings and businesses in England. Areas specified in Part 1 of Schedule 4 (those areas in Step 1) are subject to the restrictions set out in Schedule 1. Areas specified in Part 2 of Schedule 4 (those areas in Step 2) are subject to the restrictions in Schedule 2. Areas specified in Part 3 of Schedule 4 (those areas in Step 3) are subject to the restrictions set out in Schedule 3. The provisions for each Step include restrictions on a person’s right to participate in gatherings, and restrictions on business. The restrictions are at their most severe in Step 1. The restrictions on businesses include the closure of certain businesses, and restrictions on the service of food and drink for consumption on the premises of a business.

The Regulations also impose restrictions on leaving the United Kingdom without a reasonable excuse (regulation 8). Schedule 5 lists a number of reasonable excuses for travel outside the United Kingdom, and Schedule 6 lists those people who are exempt from the restrictions on travel outside the United Kingdom.

The Health Protection (Coronavirus, International Travel Regulations) (England) Regulations 2020 are amended so that the requirement to self-isolate under regulation 4 of those Regulations ceases to apply to a person (other than a person travelling from a country listed in Schedule B1) who is required to self-isolate under Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 (“the Self-Isolation Regulations”).

The Health Protection (Coronavirus, Collection of Contact Details etc. and Related Requirements) Regulations 2020 are amended to clarify the means by which a person can be required to provide their contact details, as well as to remove the requirement to request contact details from a lead member of a group seeking to enter premises.

The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020 are amended to clarify the territorial application of the Regulations, as well as to create new exceptions from the requirement to self-isolate, or remain in the place where a person is self-isolating, under those Regulations (including for participants in serial testing schemes). There are also various drafting and consequential amendments to the Self-Isolation Regulations.

The need for the restrictions in these Regulations must be reviewed by the Secretary of State every 35 days.

No impact assessment has been prepared for these Regulations.

Nothing there about travel or staying overnight away from home. Last year it was a specific requirement to not stay away overnight but overnight was not defined. It's a shambles.

 

[ryanroberts]

As I am currently stripping exterior wood for a re-varnish I also look like a water pikey, so should probably wait until I have her nice and shiny

 

[stranded]

There they go again enforcing the guidance and not the regulations. That is not a requirement it is a recommendation.

“Just in case you haven’t seen it, new Dart HM back with a familiar message”

Yup.

 

[TiggerToo]

This does not leave much room for imagination. It is a no, for overnight stays. So it is a no for us.

 

[lustyd]

Again though, it's only guidance.

 

[bdh198]

The current regulations (which have been in force since midnight on Monday morning) are clear in one very important respect. There is nothing within them that restricts your movement or prohibits you staying away from your home. The previous regulations had a specific prohibition on movement under Schedule 3A, Part 1 (Tier 4 areas) which prevented you from leaving or being outside of the place you were living without a reasonable excuse. This restriction is not included in the current regulations, and there is nothing in the regulations that would create a similar restriction.

A summary of the law with links to the relevant legislation is set out above in post #2:
Easter Boating?

If you (alone or with members of your household/linked household) choose to travel to your boat tomorrow and spend the night at anchor you will not be breaking any law under the coronavirus regulations, and no one will have any power or authority to tell you to return home under those regulations.

Any “guidance” whether that be from the government website, a marina or harbour authority creates no legal restriction, and has no legal force. A legal restriction on movement can only be created by the Regulations under the powers conferred to the Secretary of State by the Public Health (Control of Disease) Act 1984.

 

[stranded]

The current regulations (which have been in force since midnight on Monday morning) are clear in one very important respect. There is nothing within them that restricts your movement or prohibits you staying away from your home. The previous regulations had a specific prohibition on movement under Schedule 3A, Part 1 (Tier 4 areas) which prevented you from leaving or being outside of the place you were living without a reasonable excuse. This restriction is not included in the current regulations, and there is nothing in the regulations that would create a similar restriction.

A summary of the law with links to the relevant legislation is set out above in post #2:
Easter Boating?

If you (alone or with members of your household/linked household) choose to travel to your boat tomorrow and spend the night at anchor you will not be breaking any law under the coronavirus regulations, and no one will have any power or authority to tell you to return home under those regulations.

Any “guidance” whether that be from the government website, a marina or harbour authority creates no legal restriction, and has no legal force. A legal restriction on movement can only be created by the Regulations under the powers conferred to the Secretary of State by the Public Health (Control of Disease) Act 1984.

Thank you. I think we all know the basic legal situation. The issue is, if your marina stops you overnighting on your boat where do you stand? Ditto a harbour authority. In the latter case, do they have the power to refuse docking and turn you back to sea if they have imposed such a rule? And what is the remedy?

 

[Mark-1]

Thank you. I think we all know the basic legal situation.

I didn't, and I'm grateful YBW has informed me.

 

[longjohnsilver]

Thank you. I think we all know the basic legal situation. The issue is, if your marina stops you overnighting on your boat where do you stand? Ditto a harbour authority. In the latter case, do they have the power to refuse docking and turn you back to sea if they have imposed such a rule? And what is the remedy?

How are they going to stop you? Physical removal? I think not. Arse covering springs to mind. After that, it’s up to you.

In the first lockdown I know of a couple who live on their boat for the summer. In early April they turned up in the Dart and picked up a mooring at Dittisham, they were approached by a river patrol, they stated they were live aboards, and were left alone for the remainder of their stay in the river

PS the Dart river officers are good guys.

 

[bdh198]

Thank you. I think we all know the basic legal situation. The issue is, if your marina stops you overnighting on your boat where do you stand? Ditto a harbour authority. In the latter case, do they have the power to refuse docking and turn you back to sea if they have imposed such a rule? And what is the remedy?

That is going to depend on the facts of the particular situation. A marina will have the power to stop anyone mooring and spending the night on their property if they choose. However, if you have a mooring contract with that marina then refusing you entry or telling you to leave your boat and return home will probably put them in breach of that contract. The harbour authority will presumably have control over who can use their facilities, and if you would normally need their permission to use those facilities then they can refuse you permission. What they can’t do is police your use and enjoyment of your boat by suggesting you are doing something illegal when your behaviour is only contrary to guidance and not the law.

I suspect any marina or harbour authority will soon leave you in peace if you politely explain that staying overnight on your boat is not illegal, and by demonstrating that you’re not someone who is going to be causing them a nuisance.