jfm
Well-known member
Law is not as simple as letter of law
Eek. Scary stuff. I suspect no boats at all comply with these rules. Ours doesn't.
There's a piece of UK law (MFK Underwriters, mid 80s, a tax case axshully) that sort of says public authorities like MCA must treat public in accordance with established practice, which is not necessarily the same as the letter of the law. If the MCA pursued me over this stuff I would be inclined to pursue them for "picking" on me. There are zillions of non compliant boats, and MCA know this, so (I would argue) they must pursue a policy of prosecuting non-conformers generally, not pick on me (I would argue). Else lack of due process, public authority misusing its powers, etc etc. Not sure if this would work, a sympathetic Denning-esque judge would help, and not many solicitors in Lymington/Weymouth etc would be onto this. But worth bearing in mind if you get pulled over.
Eek. Scary stuff. I suspect no boats at all comply with these rules. Ours doesn't.
There's a piece of UK law (MFK Underwriters, mid 80s, a tax case axshully) that sort of says public authorities like MCA must treat public in accordance with established practice, which is not necessarily the same as the letter of the law. If the MCA pursued me over this stuff I would be inclined to pursue them for "picking" on me. There are zillions of non compliant boats, and MCA know this, so (I would argue) they must pursue a policy of prosecuting non-conformers generally, not pick on me (I would argue). Else lack of due process, public authority misusing its powers, etc etc. Not sure if this would work, a sympathetic Denning-esque judge would help, and not many solicitors in Lymington/Weymouth etc would be onto this. But worth bearing in mind if you get pulled over.