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Discussion Topic: Boat Insurance
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tonybwb |
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When required to pay tolls, we are asked to confirm that our boats have a certain level of insurance. I assume this is for the benefit of other boat owners and users as well as covering property BA is responsible for.
As no proof is required, apart from telling a complete lie, owners could also have a very short term left on their existing insurance and fail to renew it on time, or, as I understand is happening with some owners, they are insured with companies who have no regulatory supervision or backing.
This could result in a legitimate claim being rejected.
Should I or another owner discover that someone who damages our boat has no insurance, would a report to BA result in their Toll Licence being revoked?
It seems that this rule does little to protect boat users. Is this matter under review? If not, why not?
tony b
This message was edited by tonybwb on Apr-22-17 @ 12:26 PM
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kfurbank |
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Just because The BA make a request, don't automatically assume they have the powers to make such requests!! Keeping a careful eye on an Authority which is making it's own rules.
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JP |
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Evening Tony,
There is a clear specification for the boat insurance required by owners or masters of vessels which is Schedule 3 of the Broads Authority Act 2009. It is a criminal offence to breach the insurance requirements of S15 of the Act.
A report to the Broads Authority in the circumstances outlined above would result in appropriate action being taken which could include prosecution.
The Authority can also cancel registration if an owner fails to prove that he has valid insurance.
However the Authority is not merely reactive in relation to insurance matters. We regularly random check whether boats have appropriate insurance and in March 2017 50 boats were selected and the owners asked to produce evidence of insurance and there was 100% compliance. A further 50 notices have been sent out this month.
Regards
John
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kfurbank |
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John,
Where The Authority is made aware that there is an insurance company insuring boats on The Broads, which is listed on The UK FCA and Spanish DGS websites with a warning that the company is NOT authorised to broker or underwrite insurance in those relative jurisdictions, what action will the Authority take?
Just because The BA make a request, don't automatically assume they have the powers to make such requests!! Keeping a careful eye on an Authority which is making it's own rules.
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JP |
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Dear Keith,
I understand you have had detailed exchanges with Steve Birtles and David Harris on this subject. I will ask David to come back to you on this specific point in the morning.
Regards
John
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tonybwb |
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John, that does not answer the question for others on this forum. Are you able to elaborate even a little?
It would seem to me that it would be more proactive of BA to ask for insurance details when registering. If this matter was important enough to include in the legislation (thanks for previous answer) then surely it is important enough to make a proper check on every application.
tony b
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JP |
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Hi Tony,
There is a balance to be struck here.
To check the insurance details for every toll application would be a mammoth task requiring many more staff than we currently have. We try to manage tolls collection with the minimum of resources while turning your applications around as quickly as we can.
The random survey of insurance details seems a pragmatic and effective way of handling it.
Regards
John
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kfurbank |
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John, The whole process of self declaration is fairly meaningless as the verbal declaration over the phone has no legal basis since the calls are not recorded. The paper declaration has no time period so only valid on the day it is signed, which could be a number of weeks in advance of the actual toll year being paid.
Aside from that I don't see anywhere in the act where you can demand someone makes a declaration other than at first registration of a vessel.
Since the 2009 act DOES give you the power to ask for information, why not ask the far more pertinent question at toll renewal of which broker the boat is insured with?
There can not be more than 20 or 30 different companies providing insurance to boat owners on The Broads. Would it really be so hard for The BA to keep a list of those companies and whether they meet the requirements of the 2009 act?
When someone renews their toll and are asked for the name of their insurance company, the toll office could do a quick look up and then advise the toll payer if the company does not meet the requirements of the act. A little education, rather than putting the onus on the toll payer who may make an invalid declaration through ignorance.
Off course for those determined not to have insurance, or valid insurance there can be no substitute for regular spot checks, and not just 100 every two years.
Just because The BA make a request, don't automatically assume they have the powers to make such requests!! Keeping a careful eye on an Authority which is making it's own rules.
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JP |
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Good Morning Keith,
The responsibility for ensuring compliance with Schedule 3 of the Broads Authority Act 2009 rests with the boat owner under S14 of that Act. Schedule 3 contains a number of specific requirements for such insurance and recognises that a policy may be issued which is from a company regulated by the UK Regulator or an insurer which has permission to provide insurance under another member state of the European Community.
There are therefore hundreds of insurance companies which might provide an appropriate level of cover. It is not appropriate for the Broads Authority to act as a gatekeeper between vessel owners and the insurance industry.
The current process of random selection of vessels and investigation as to whether an appropriate policy is in place combined with self-declaration is a pragmatic and effective practice as evidenced by the extremely high level of compliance established through the random checking procedure (100% in March).
Of course if the Authority became aware that boat owners on the Broads were purchasing insurance which was unregulated or invalid then it would contact the UK Regulatory Authorities for advice. If the position was confirmed the Broads Authority would make this known to our Broads boat owners.
Hope that helps.
Regards
John
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kfurbank |
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John,
The Authority has been made aware.
Edited to add, it has been informed by more than one person on more than one occasion. Copies of correspondence are available if you need them John.
Is it correct that in your last such audit only 87% had valid insurance?
Just because The BA make a request, don't automatically assume they have the powers to make such requests!! Keeping a careful eye on an Authority which is making it's own rules.
This message was edited by kfurbank on Apr-27-17 @ 10:21 AM
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Apr-22-2017 @ 12:10 PM
