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Posted By Discussion Topic: Boats usage from 5/11/20 ?

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Dykedweller
Nov-02-2020 @ 11:56 PM                           Permalink
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From the Government website:-
Complying with the new measures will help limit the spread of coronavirus, reduce the impact on the NHS and save lives. They will be underpinned by law which will make clear about what you must and must not do from 5 November. The relevant authorities, including the police, will have powers to enforce the law – including through fines and dispersing gatherings.

Looks clear enough to me that breaching the guidance will be breaking the law. Let’s just stop whingeing and comply with the advice which is there to try and safeguard us during these difficult times.

Paladine
Nov-03-2020 @ 8:08 AM                           Permalink
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”Looks clear enough to me that breaching the guidance will be breaking the law.”

That’s a good example of an oxymoron. Guidance is something that may be followed. The law is something that must be followed.

There are no sanctions for breaking the guidance, but there are sanctions for breaking the law.

"..for the avoidance of any doubt, the broads are not legally a national park and do not come under the national park legislation, and nor will they."
Parliamentary Under-Secretary of State for DEFRA (Hansard 2015)

Alone1
Nov-03-2020 @ 8:22 AM                           Permalink
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The guidance will almost certainly become the law from Thursday when the MPs vote. If it doesnt then we are all in trouble.
Get used to it and do what we are supposed to or this will go on for longer with more deaths and no NHS for anything but COVID.
boat-sail

Bob Huppendoun

There would be no life without water!!!

Paladine
Nov-03-2020 @ 8:53 AM                           Permalink
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”...almost certainly...

Jeeeez! Confused

"..for the avoidance of any doubt, the broads are not legally a national park and do not come under the national park legislation, and nor will they."
Parliamentary Under-Secretary of State for DEFRA (Hansard 2015)

Dykedweller
Nov-03-2020 @ 9:56 AM                           Permalink
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Paladine, it is just the same as the Highway Code which is not a legalised document. Drivers can however be prosecuted for violating traffic rules in relation to The Highway Code,

Alone1
Nov-03-2020 @ 10:18 AM                           Permalink
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Paladine - normal language use that everyone does. May not be correctly used in your eyes but you would pick holes in anyone and everything. getting boring to be honest.

Bob Huppendoun

There would be no life without water!!!

Dykedweller
Nov-03-2020 @ 10:36 AM                           Permalink
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I agree with you Bob, too much ”lawyer speak” and not enough common sense.

Paladine
Nov-03-2020 @ 11:10 AM                           Permalink
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Dykedweller, I'm happy to discuss law with you all day long, but, as has rightly been pointed out, it would be boring for most people. But you cannot be prosecuted for breaking the Highway Code regulations. However, some of those regulations are actually backed up with laws, breaking which can result in prosecution.

For example, at traffic lights, the Highway Code says you've got to stop behind the white line, unless the lights are green (Rule 175). This is backed up by the 1988 Road Traffic Act, which provides the actual offence, the penalties and under which prosecutions are taken out.

On the other hand, you should give way to traffic coming from your right when reaching a roundabout, but any prosecution resulting from a failure so to do would be for careless driving, not breaching the Rule, the Highway Code Rule being used to establish liability.

To be clear, since the March restrictions were imposed, Mrs P and I have been extremely careful to avoid unnecessary risk to ourselves, or to others, as we are both in the vulnerable category. Our social activities have been severely curtailed, with little or no prospect of them being renewed any time soon. We have watched the antics of the 20-somethings cavorting in the towns and cities with horror.

BUT, we will not be told what to do, on the basis on guidance or best practice. We are in the best position to know what is safe for us and the HMG 'shot-gun' approach, is, IMO, woefully inadequate. Laws are irrelevant if there is neither public acceptance nor adequate enforcement. At the moment, there is neither.

I will wait to see exactly what bits of the current guidance translates to law, after the Commons vote. Then I will decide whether I will be able to use my boat lawfully.

I would point out that the PM, in his televised statement, said that it would be permissible to leave one's home for 'recreation'. That word was missing from the HMG web site advice. The advice is changing almost by the minute. It seems that confusion reigns. Hopefully, there will be clarity on Thursday.

"..for the avoidance of any doubt, the broads are not legally a national park and do not come under the national park legislation, and nor will they."
Parliamentary Under-Secretary of State for DEFRA (Hansard 2015)


This message was edited by Paladine on Nov-3-20 @ 11:12 AM

MandA
Nov-03-2020 @ 11:56 AM                           Permalink
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What is local travel in relation to angling and exercise ?
Adrian.

MandA

annville
Nov-03-2020 @ 11:57 AM                           Permalink
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You can however continue your holiday if started before lock down, BUT pubs shops etc accept food shops will be closed along with marinas where will you go/stay, your life your decision. John

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