Since your boat is UK flagged

[Birdseye]

the rules that govern its use must be the UK rules and not the Welsh or Scottish ones. Their remit doesnt run to the sea anyway. So way I see it, you can put two fingers up to the Scottish government ( always a good idea anyway) and use your boat provided its just you and your family who live with you.

 

[Brooksie89]

Clever politics from the devolved regions, as they can put themselves at an arms length from Westminster. If there's further outbreaks in England, they'll become the hero's overnight.

 

[dunedin]

The boat as a small “ship” is fine. But the skipper and any crew as people need to adhere to they laws and regulations that apply to them. So if the boat is berthed in Wales, and English residents aren’t allowed to travel to Wales and local residents are not allow to travel to their boat or go sailing, I guess only an autonomous boat could go sailing.

 

[awol]

I realise that for some natives of perfidious Albion it is difficult to accept that there is no political agenda in the maintenance of the "Stay at Home" message by the other 3 nations, just pragmatic evidence-based review of the data. Luckily the sea-bed and shores of the seas around Scotland are under our government's control - we'll wave as you pass.

 

[Mark-1]

.

 

[Mark-1]

I realise that for some natives of perfidious Albion it is difficult to accept that there is no political agenda in the maintenance of the "Stay at Home" message by the other 3 nations, just pragmatic evidence-based review of the data. Luckily the sea-bed and shores of the seas around Scotland are under our government's control - we'll wave as you pass.

Found it now.

You already *can* sail in Scotland: The Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020

 

[awol]

Found it now.

You already *can* sail in Scotland: The Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020

And, as I said, we'll wave to you as you pass.

 

[FlyingGoose]

Found it now.

You already *can* sail in Scotland: The Health Protection (Coronavirus) (Restrictions) (Scotland) Regulations 2020

Yes you can , but all marinas are closed, no travel outside reasonable, boats on moorings if you can walk and then row out then technically you are not breaking any rules, but I Also expect plod to give you a ticket when you come back, and it will be a court to decide if you want to take it there .
Poor legislation , and then guidelines added on, which can be used in certain law but is a minefield

 

[jonrarit]

Yes you can , but all marinas are closed

not quite true......Inverkip Marina is open to berth holders and there has been considerable "owner" activity there especially over the last week. There are also social distancing signs on the pontoons.

Also I have it on first hand authority that the MoD police on the Clyde have been instructed NOT to intervene, with boats on the water under the lock down rules as it is "not in their remit". They have said however that people requiring assistance (ie RNLI) will be fined £200 per person by land based police when brought ashore

 

[[163233]]

If it were a devolved matter, and I have no wish to find out, then Scotland would be the coastal state and its rules would apply within 12 miles of the shore.

 

[Mark-1]

Yes you can , but all marinas are closed, no travel outside reasonable, boats on moorings if you can walk and then row out then technically you are not breaking any rules

Technically? It's well within the spirit and the letter of the law in all the home nations. The law is about keeping us away from each other and as near our homes as possible, and there's no better way of doing that than on a short daysail.

 

[FlyingGoose]

Technically? It's well within the spirit and the letter of the law in all the home nations. The law is about keeping us away from each other and as near our homes as possible, and there's no better way of doing that than on a short daysail.

Good luck trying this in Scotland or Wales and explaining to the police, how it is reasonable

 

[Mark-1]

Good luck trying this in Scotland or Wales and explaining to the police, how it is reasonable

Is hard to reconcile with:

you are not breaking any rules,

 

[FlyingGoose]

Is hard to reconcile with:

You seem to have missed many posts on this and the arguments about what the police think is reasonable and what the law thinks is reasonable,, this has been talked to death , and the only way anyone will truly know is to take it to court
But I guarantee you 100% that if the police stop you in Scotland or Wales driving to your boat they will ask you polity to turn back ,if you refuse they will ticket you(it is a criminal offence in Wales), it is up to you to appeal this ,
The law does not say you are wrong, but the law needs to follow the guidelines, and define reasonable,
My post is for England , you are not breaking any rules !! you were talking about Scotland and Wales

 

[Graham376]

the rules that govern its use must be the UK rules and not the Welsh or Scottish ones. Their remit doesnt run to the sea anyway. So way I see it, you can put two fingers up to the Scottish government ( always a good idea anyway) and use your boat provided its just you and your family who live with you.

Is Scotland a State? If so, the coastal State can impose any regulations it wishes on boats of any flag whilst in its waters.

 

[dunedin]

Isn't the OP from Wales so it is the Welsh rules this thread should be referring to.
And as noted, the boat is fine, it is the rules about the people and their travel that will be the limiting factor, unless and until Wales chooses to change them.

 

[FlyingGoose]

not quite true......Inverkip Marina is open to berth holders and there has been considerable "owner" activity there especially over the last week. There are also social distancing signs on the pontoons.

Also I have it on first hand authority that the MoD police on the Clyde have been instructed NOT to intervene, with boats on the water under the lock down rules as it is "not in their remit". They have said however that people requiring assistance (ie RNLI) will be fined £200 per person by land based police when brought ashore

Inverkip Marina should not be open it is grouped as Holiday homes etc, I presume they just have not locked the gates and left the option for people to travel to their boats if they want and go in , but the law is not about being on your boat or sailing , there is no issues there , it is travelling to your boat that the guidelines say, essential travel only and close to home.
Those at the marina are breaking those guide lines and putting people at risk, as its Kip marina I assume it is the retired and money orientated and the attitude of I am above everyone else so stuff the rules
My marina remains closed but has told us the gate codes are still in operation but they take no responsibly for you to be there
Does Kips liability insurance cover berth holders who should not be there , ???
"If you are in Scotland, then the law in Scotland applies - and the law says that just now you can only be out of your own home for essential reasons.
Ms Sturgeon said the law and guidance in Scotland had not changed, and said: "I would hope all employers would respect that."

Non-essential trips to Scotland 'could break law'

 

[Mark-1]

"If you are in Scotland, then the law in Scotland applies - and the law says that just now you can only be out of your own home for essential reasons.

Debunked here:
It's official we can now go sailing again!

Plus (for English Sailors where the legislation is identical):
https://www.college.police.uk/What-we-do/COVID-19/Documents/What-constitutes-a-reasonable-excuse.pdf

Some public statements made soon after the adoption of the Regulations suggested that members of the public could only leave their homes if ‘essential’ to do so. However, this is not the test set out in the Regulations and there is no legal basis for a requirement in those terms to be imposed. The applicable threshold is that of ‘reasonable excuse’

 

[FlyingGoose]

Debunked here:
It's official we can now go sailing again!

Are we on the same Planet Mark ,cause I live in Scotland I can I assure you we cannot travel any distance from our house for non essential journey , nothing has changed in Scotland , only that we can go outside more than once a day , non essential businesses are to remain closed
Or are you Just not understanding the Scottish guidelines which are completely different to England's and a different Law system up here
This was Ms Sturgeon Yesterday , I would hope she knows the law
If you are in Scotland, then the law in Scotland applies - and the law says that just now you can only be out of your own home for essential reasons.
Ms Sturgeon said the law and guidance in Scotland had not changed, and said: "I would hope all employers would respect that."

Non-essential trips to Scotland 'could break law'

 

[FlyingGoose]

Debunked here:
It's official we can now go sailing again!

Plus (for English Sailors where the legislation is identical):
https://www.college.police.uk/What-we-do/COVID-19/Documents/What-constitutes-a-reasonable-excuse.pdf

Some public statements made soon after the adoption of the Regulations suggested that members of the public could only leave their homes if ‘essential’ to do so. However, this is not the test set out in the Regulations and there is no legal basis for a requirement in those terms to be imposed. The applicable threshold is that of ‘reasonable excuse’

Like I have said in many threads and this again has been done to death, the Police will follow the Government guidelines which at the moment this is essential travel
The regulations of the Corona act 2020 does not state this and it is a reasonable excuse,
The Police have the power to determine reasonable excuse and will not let you go to your boat if you need to travel to it , as what is your reasonable excuse to go , ? and is it reasonable and not putting people at risk, including those that need to deal with a car accident ?
You are more than welcome to challenge this in court, but reasonable , would be , to go shopping, to go to the park to exercise, etc, is it reasonable for you to go to your boat ?
Good luck with the local constabulary