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The Norfolk Broads Forum / Broads Authority Issues / Toll charges are reasonable
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Posted By Discussion Topic: Toll charges are reasonable

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Paladine
Oct-02-2017 @ 1:41 PM                           Permalink
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MarWak, going back to your complaint that ”I got caught for two years adjacent waters toll, about £600 for a 30' workboat moored permanently in Goodchilds' basin for nine months over two tolls years being prepared to go to Essex as tender to a sailing barge,” the exemption of certain vessels from the requirement to pay a toll were discussed in this NavCom report (para.3.2).

Going to Section 16 of the 2009 Broads Act, it says:

“the specified provisions” means —

(a) any byelaws made or deemed to be made under section 11;
(b) section 12 (construction and equipment standards);
(c) section 14 (vessels: insurance requirements).


Sub-section 6 says:

Nothing contained in or in force or done under the specified provisions shall apply to any vessel which —

(a) is not for the time being in use for the purposes of navigation, or for residential or commercial purposes;
(b) is moored on waters occupied or customarily used by a person carrying on a business; and
(c) is so moored for the purposes of being serviced, repaired or stored by that person or of being sold or offered or exposed for sale by that person (whether acting as principal or agent).

The requirement to register a vessel and pay a toll comes from the Vessel Registration Bye Laws, which are deemed to be made under section 11 of the 2009 Act, so, perhaps, there is an argument to be made that Goodchild’s were acting as your agent in the storage of your boat and you were not liable for a toll. It may be debatable whether the ”...whether acting as a principal or agent” refers only to the selling or exposing for sale, or whether it includes ”...being serviced, repair or stored...

I would argue for the latter, as my own boatyard doesn’t carry out all its own repairs and uses outside people from time to time, so acts as an agent in such cases, and I’m sure that’s what Parliament had in mind.


"..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)

Harlequin
Oct-02-2017 @ 4:28 PM                           Permalink
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" I wasn't exactly hidden"
Exactly Marwak... Not hidden at all. Which was why I was surprised that MM did not catch on at first. He is usually so on the ball!



This message was edited by Harlequin on Oct-2-17 @ 4:30 PM

Marshman
Oct-02-2017 @ 4:37 PM                           Permalink
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Well apologies Harlequin!!!!

I will try harder next time to spot subterfuge!!!

Harlequin
Oct-02-2017 @ 4:41 PM                           Permalink
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Marwak,
Commented that you were surprised that so many of us were happy to shrug our shoulders whilst we are being ripped off. Therein lies your problem in garnering support for your cause.
Simply put l am not being ripped off. Nor are 99% of other on here. Not for this reason at least! It just does not have implications for the vast majority of us and we all will have more pressing issues in our lives to concentrate on.
That may be wrong but that is clearly how life works.

Harlequin
Oct-02-2017 @ 4:44 PM                           Permalink
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MM Smile


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