Post your Registration Papers to me please.

absit_omen

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From the MCA website:

"Pleasure Craft under 24 metres can be registered under Part III of the UK Ship Register. The craft must be owned by an eligible individual who is ordinarily resident in the UK for 185 days of the year. You can pay and register on-line now for £25."

From the HMRC website:

"A person is ordinarily resident if they are normally residing in the United Kingdom (apart from temporary or occasional absences), and their residence here has been adopted voluntarily and for settled purposes as part of the regular order of their life for the time being."

Hmmm, this means that you lot out there in Rome and such like need to surrender your Part III (or Part I) Registration Papers and then march yourself to the local militia.

Unless, of course, you can prove that you have spent an average of 91 days a year in the UK over the past four years which is the qualification time for being ordinarily resident /forums/images/graemlins/smile.gif

Funny word 'ordinarily'. If you are not 'ordinarily' resident in the UK as defined above it seems to me that you are no less guilty of fraud than Jonny Spaniard in his Red Ensign flying Sangria Palace on the next berth.

Discuss. /forums/images/graemlins/smile.gif
 
All you really need is to have the boat registered in the name of a trusted person who 'ordinarily' lives in the UK plus a Bill of Sale, signed by said trusted person but left undated, 'selling' you the boat.

I have many friends who do precisely that and have only ever visited the UK on holiday or for the boat show. Much cheaper than registering on the Maltese register and paying €200 per annum!
 
Excellent wheeze.

Could you put my name about as a 'trusted person' to your mates?

Tell them to wing me a tenner each or I shall feel obliged to remind the Malta Maritime Authority to check the dates on all Bills of Sale. /forums/images/graemlins/blush.gif
 
Malta Maritime Authority does not come into it as the boats wear a red duster, not the Malta Civil Ensign. They have no juridical interest in a 'visiting' boat that is on a foreign register - unless the vessel or any of the crew are involved in any criminal activity or are involved in an incident. As long as the boat is well insured and keeps a reasonably low profile there will be no hassle.

The date is only put on the BOS if the 'trusted person' were to pass away; the date inserted being a couple of days before the bereavement would mean that the deceased was no longer the owner at the time of passing on. Here again, this is of no interest to the local authorities. Meanwhile, the real owner is simply listed as the 'master' and, as such, handles all of the formalities and the expenses incurred by the vessel while in Malta, e.g. Marina fees, boatyard, etc.
 
I would say the chances of anyone enforcing this irrelevant regulation are about zero. The Med is full of Italian and other boats flying the Red Ensign, so clearly being resident in Britain is not being enforced. As for any other country trying to enforce it, my experience suggests they don't understand our rules at all. With 2 different registers, one of which doesn't state a port of registry or the gross tonnage of the vessel, plus the variety of different ensigns flown by UK boats (not forgetting the ex-colonies who have the Union Flag as part of their ensign), they don't stand a chance.
 
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I would say the chances of anyone enforcing this irrelevant regulation are about zero.

[/ QUOTE ]

I have been informed that the MCA are aware and sympathetic of this problem and will not investigate and prosecute those who use a convenient UK postal address. Nevertheless, to apply and submit an application is theoretically an offence and will remain so until a bill is passed to modify the registration act to include all British nationals with the right of abode.

This is an anomaly that the RYA should be pursuing but I do not believe they are doing so.

British registration under SSR Part III is a major problem for expatriates and blue-water cruisers who have sold up and live afloat outside the UK. The registration needs renewal every five years and with the absurd “ordinary residence” qualification imposed by legislation cannot legally obtain it.

I personally, as an expatriate, am uncomfortable in submitting a false statement that I know is a prosecutable offence, whether it is likely or not.
 
Yes, that is my common sense approach as well. However, there are some around who seem to have a persistant insistance on applying the letter of the law no matter how 'common sense' the alternative may be.

I just wondered how they would react to the statements I originally posted.
 
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Re puff the Magic Dragons post.
Can you clarify for me the correct Malta flag to be flown by a malta registered vessel??

[/ QUOTE ]

Malta Civil Ensign:

MALT002.GIF




National Flag, also worn by military vessels:



MALT001.GIF


Note that the correct courtesy ensign for Malta is the national flag, rather than the civil ensign.
 
I just wondered how they would react to the statements I originally posted.

__________________________________________________

Quite. Couldn't agree more.

It is often the case that countries and organisations resort to a practical rather than literal application of their laws whenever it seems ther are unintended consequences.

Seems to be a point that has been missed by some. Hence the advice by some to seek professional advice rather than looking at individual bits of legislation as 'proof'.

By the way, does this mean you are a troll? /forums/images/graemlins/wink.gif

Cheers,

Bob
 
[ QUOTE ]
By the way, does this mean you are a troll? /forums/images/graemlins/wink.gif

[/ QUOTE ]

/forums/images/graemlins/blush.gif
 
[ QUOTE ]
Re puff the Magic Dragons post.
Can you clarify for me the correct Malta flag to be flown by a malta registered vessel??

[/ QUOTE ]

Malta Civil Ensign as worn by Malta registered vessels:

MALTAcivilensign.gif



National Flag, also worn by military vessels:

MALTANationalFlag.gif


Note that the correct courtesy ensign for Malta is the national flag, rather than the civil ensign.

<span style="color:blue">EDIT NOTE: This has been reposted because the images on the original seemed to have disappeared - or my PC is acting up!</span>
 
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