Thursday, June 26, 2008

MORE RULES

Here is a copy of BW's propsed site rules

These site rules are issued in addition to British Waterways’ Boat Licence Conditions and Long Term Moorings Terms and Conditions.

Definitions
‘Mooring’ means the water space at the Mooring Site allocated to you by us for the Mooring of the Boat during the period of agreement.

‘British Waterways, BW, we, us, our’, means the British Waterways Board, its successors and assigns and any of its Employees or other persons authorised by British Waterways to act for it.

‘Owner, you, your, yours’, means the person(s) or entity named as Owner in this agreement and includes an employee of the owner or a person in charge of the Boat with the Owner’s permission.

General Rules
1. BW Key
1.1 Boaters are provided with 1 BW key per boat which shall be returned to British Waterways when you vacate your mooring site. Additional and/or replacement keys may be purchased from the Inverness Office at Seaport Marina, Corpach Sealock or Clachnaharry Sealock at a cost of £5.00 each. Floating keyrings are also available at a cost of £2.00 each.

2. Vehicles & Parking
2.1 Parking of vehicles is subject to availability and consultation with Operations Supervisor or Local Office staff. Parking of more than one vehicle will require prior consent.
2.2 You or your visitors must not obstruct any emergency access roads, service roads or service areas at the Mooring Site. You must ensure that you and your visitors park their motor vehicles considerately. Any vehicles using the Mooring Site must be roadworthy, taxed and insured. Vehicles must not park at the edge of quay, pontoon or bank.
2.3 For safety reasons, use of the towpath by vehicles over the size of a car requires written permission from us which will not be unreasonably withheld. Please inform your local Operations Supervisor or Seaport Office at least 2 working days in advance.
3. Condition of Boats
3.1 All boats must possess a Boat Safety Certificate.
3.2 All boats must be kept clean and in reasonable repair at all times. Should a boat be damaged, then repair works must be carried out as soon as is reasonably possible. Tarpaulins and covers are allowed only on a temporary basis. For any period over 4 weeks, consent will need to be obtained from the Operations Supervisor.
3.3 No major work whatsoever (such as welding, cutting, angle grinding, flooring, lining, ballast removal, etc.) shall be done to a vessel or vehicle whilst at the moorings unless with prior written consent of the Operations Supervisor, which will not unreasonably be refused. Written consent will be given within 14 days. It is the responsibility of the moorer to ensure their works do not cause undue noise, disturbance, disruption or pollution to the mooring, premises or other users/neighbours. Maintenance that is approved may be carried out between 08.00 and 20.00 hours. When carrying out works, all of our facilities, bollards, footpaths, service points, etc, must be suitably protected, kept clean and tidy at all times, and appropriate Health & Safety issues adhered to. We reserve the right to charge you for the full cost of any remedial works required as a result of your work.
3.4 In the event of an emergency, works may be undertaken as necessary without prior consent. However, the Operations Supervisor or Local Office must be informed in writing within 24 hours. Out of Hours Duty Officer can be contacted by calling Freephone Canals on 0800 4799947.
3.5 Prior to changing your vessel or making major modifications such as extensions, you must consult with and obtain the Operations Supervisor’s written approval in order to keep that vessel at the site. Such approval will not be unreasonably refused.

4. Moorings
4.1 You must notify the Operations Supervisor of any periods when your boat will be away from the mooring for longer than 28 days. During such an absence, it is not permitted to leave a tender in a berth without prior agreement of the Operations Supervisor which will not be unreasonably refused.
4.2 We may at times need to carry out essential works to the site that results in restricted access to, or closure of the mooring site. We will try to give you at least 14 days notice of works and 28 days where practicable for restricted access works. In the event of a closure we will endeavour to give a much longer notice period unless works are for emergency reasons.
4.3 You may keep a tender on the water at the Mooring provided 1. we agree in writing and 2. you pay an additional charge. The tender must be marked to [name and index number of the Boat].
4.4 You must use appropriate fenders and ropes for mooring your boat. Should your boat come loose from its mooring, you will allow our staff who shall have no liability to you to board your boat in order to secure it.
4.5 It is the responsibility of the moorer to ensure that all outside contractors entering the moorings in order to carry out work to your boat (e.g. servicing central heating systems etc) have indemnity/public liability insurance and relevant competency certificate.
4.6 Temporary aerials and satellite dishes may be erected on boats within the moorings with the permission of the Operations Supervisor.
4.7 The pumping out of contaminated water bilges and the use of sea toilets is prohibited.

5. Facilities
5.1 You are asked to ensure that the facilities are left in a clean and tidy state.
5.2 You must not leave or store anything on the pathways, adjacent land or pontoons. No cables, ropes, wires, etc may be trailed across the path.
5.3 You must not do (or carelessly fail to do) anything which will cause damage or nuisance to any other person or their property. You accept responsibility for any such damage or nuisance caused by you, occupants or users of your boat, visitors or contractors.
5.4 Only domestic pets may be kept on site provided that they are:
a) Kept under control and do not cause undue nuisance to others.
b) Dogs must be kept under control at all times and on a lead during exercise.
c) Animal waste must be collected in a plastic bag and placed in the appropriate bins provided.
5.5 You and your visitors must supervise children at all times when they are on the moorings and premises.
5.6 All refuse must be disposed of in the appropriate receptacle provided by us or the local authority. We are not responsible for the disposal of batteries, oil, paint or gas bottles or works materials / waste. Please organise alternative arrangements for the disposal of these items.
5.7 We do not accept responsibility for any post delivered (or failed to be delivered) to the moorings site.
5.8 Barbecues, in controlled areas, may be permitted with prior consent from Lock Keeper.

6. Electricity Supply

6.1 The supply at each socket is 230 volts AC, 50Hz, AC, with a normal rating of 16 amps/32 amps. It is your responsibility to ensure that you do not exceed this rating. If you need assistance to determine your needs, please contact your local office.

6.2 For safety reasons, only one craft can be connected to any one socket and your craft must not be connected to any other socket outlet other than that allocated to you. The internal wiring of each craft must meet the appropriate standards; to comply with I.E.E. Regulations:

i) The connecting flexible cable between the socket and the vessel must be in one continuous length, with no signs of damage, contain no joints or couplings nor utilise any other means of increasing its overall length.

ii) The plug and socket on the connecting cable must be in good condition and unaltered, (technically described as BS EN 60309-2, position 6h)

iii) The flexible cable must not be longer than 25 metres in length, should have three internal cores of 2.5 sq.mm. cross sectional area, and must not be wound around the body of the electricity bollard to take up the spare cabling.

iv) Every effort must be made to prevent the flexible cable from immersion in the water or from creating a tripping hazard at the mooring.

6.3 For your safety, each socket is protected by a Residual Current Device (RCD). Periodically, the RCD will be tested by British Waterways’ competent staff, using the appropriate instrument to ensure it conforms to regulations.

6.4 It is an offence to break into or tamper with any British Waterways electrical equipment.

6.5 British Waterways reserve the right to disconnect the electrical supply to any vessel that may constitute a safety hazard or that does not comply with the above. This disconnection will be without any liability to British Waterways.

7. General
7.1 Any enquiries or issues relating to the mooring site should be made to the Operations Supervisor or Office Staff.
7.2 The Operations Supervisor reserves the right to refuse admission to third parties to the mooring site. Permission will not be unreasonably withheld.
7.3 You must provide the Operations Supervisor/Office Staff with up-to-date emergency contact details so that we can contact you or relevant others at short notice.


WE MAY AMEND THESE RULES FROM TIME TO TIME AND WILL NOTIFY YOU IN ADVANCE OF ANY CHANGES.


How to Contact your Operations Supervisor

East District – Mike Lofts (Seaport Marina, Dochgarroch)
Contact details will be on final draft

Middle District – Jim Braithwaite (Fort Augustus, Kytra, Laggan)
Contact details will be on final draft

West District – John Stafford (Gairlochy, Banavie, Corpach)
Contact details will be on final draft

Caledonian Canal Office
British Waterways Scotland
Seaport Marina
Muirtown Wharf
Inverness
IV3 5LE
T 01463 725500
F 01463 710942
E enquiries.scotland@britishwaterways.co.uk


And this is our response to them.

GGCUA response to proposed Caledonian Canal site rules

Before addressing individual points it is worth noting these general points -
1 There is a feeling that these proposals represent a draconian response to a small number of incidents.
2 Surely British Waterways has national rules which apply to their mooring sites
3 Rules imply penalties. What are the penalties associated for boat owners breaking the rules and for BW if they fail to meet their commitments.

Detailed response to individual rules –

1.1 - No comment.
2 .1 - Is this rule retrospective. Some boats have more than one vehicle associated with them and have done so for long periods of time, and does it apply to all locations.
2.2 – It is unreasonable to place the onus of considerate parking on boat owners who may have no sway over their visitors. Will this requirement also be extended to all visitors to the canal irrespective of if they are visiting a boat owner, and if so how will it be policed?
2.3 – It may be wise to specify a kerb weight for this rule to avoid confusion over what constitutes ‘over the size of a car’. Will this be applicable to delivery vehicles etc? Does it apply to canal side properties as well as boat owners?
3.1 - Already compulsory.
3.2 - How and who decides what is ‘clean’ ‘reasonable repair’ and ‘as soon as reasonably possible’. These appear subjective rules which are open to interpretation and disagreement. Why are tarpaulins and covers only allowed for 4 weeks? Many vessels are fitted with permanent covers, not only retrospectively but from new.
3.3 - No comment.
3.4 Why must the Operations Supervisor be informed in writing for emergency work after it is carried out, when this is not required for point 3.3 above.
3.5 - Major modifications needs clarification. Surely the only impact on berthing would be if the vessel is lengthened, which is an unusual occurrence. Permission to keep a different vessel at a mooring site needs to be tied into an open policy on managing berth waiting lists.
4.1 - What is the rationale behind this rule, surely it would be better phrased as a request?
4.2 - No comment.
4.3 - This rule appears to be outside normal marine practice where tenders are not normally subject to the need for permission or additional charges.
4.4 - The ‘no liability’ clause is not legal. If BW staff cause damage through negligence they will be regarded as legally responsible.
4.5 How is this rule to be enforced?
4.6 - This rule seems totally unnecessary. What constitutes a ‘temporary’ aerial and what is the rationale behind requiring permission.
4.7 - The regulation on the use of sea toilets can only be enforced in tandem with the provision of pump out and elsan facilities at all the major mooring locations. They should be accessible outside normal working hours and have clear berthing access for vessels up to the capacity of the canal. How is this policy going to apply to transiting vessels?
5.1 - No comment.
5.2 - The positioning of electrical bollards necessitates the trailing of cables across pontoons. ‘Adjacent land’ needs to be amended to ‘adjacent land owned by BW’.
5.3 - It is not reasonable or legal to require boat owners to accept responsibility for ‘everything’.
5.4 - Keeping dogs on leads during exercise is outside BW’s remit to enforce or require. How does this rule apply to members of the general public?
5.5 - This is outsides BW’s remit to enforce or require and cannot be applied to the general public.
5.6 - What is the implication of this for the waste oil facilities that BW already provides?
5.7 - No comment.
5.8 - How is this practical in reality, considering working hours and how does it apply to the general public?
6.1 - No comment.
6.2 - Internal wiring is a matter for regulation through the Boat Safety Scheme and not additional ad hoc regulation.
6.3 - No comment.
6.4 - No comment.
6.5 - If damage is caused to a vessel because of BW disconnecting its electrical supply, and they have not taken all reasonable steps to contact the vessel’s owner then they would be liable for that damage.
7.1 - No Comment.
7.2 - What does this mean in practice?
7.3 - This would be better framed as a request rather than a dictate.