Nantwich & Border Counties Yacht Club - (Bye Laws - Article 42)

1/ ARTICLE 17

1. The minimum insurance cover shall be in accordance with the requirements specified by Canal & River Trust, following the decision that all boats using the inland waterways shall be insured from 1st January 1997.

2. Members must keep their own mooring clean and tidy and must use the car parks for all vehicles. No vehicles are to be driven onto the turf of the moorings.

2/ ARTICLE 20

1. Visitors. Members are responsible for the welfare and good behaviour of visitors [including children] whilst at the Club.

2. No vehicle may be driven on the Club premises at a speed in excess of 5mph and all members must ensure that their vehicle when parked does not cause an obstruction to the access of the slipway, other vehicles, or in any way affect the quiet enjoyment of other members.

3/ ARTICLE 13

1. Casual moorings, at the discretion of the Harbourmaster, to members or non-members shall be free but reasonable charges shall be invited for the facility.

2. Sale of Boats to Non-Club members

[a] In the event of a boat in the water being sold to a non-club member, the vendor member shall ensure that it is removed from the Club’s moorings forthwith upon completion of the sale, and shall notify the Harbourmaster accordingly.

[b] In the event of a boat being sold to a non-club member whilst stored ashore within the Club’s premises, it shall be the duty of the vendor member, as a part of the sale transaction, to obtain the signature of a non-club member purchaser to a Letter and Authority, in the form set out below*, which the member shall then deliver to the Harbourmaster upon completion of the sale, together with the sum due in respect of craning in charge or otherwise.

4/ DOGS

Any dog brought onto the Club’s premises by a member, his family or visitors, shall at all times whilst on the premises be kept under COMPLETE control by him or them, so as to cause no nuisance, annoyance or damage.

5/ BOAT SAFETY SCHEME CERTIFICATION

All boats moored on or operated from Club premises shall be required to have a current Boat Safety Scheme Certificate proof of which shall on request be produced by the member/boat owner to the Council, or to the Harbourmaster or the Membership Secretary.

6/ CARAVANS etc

Caravans, campervans and camping are not permitted on Club premises unless prior approval has been obtained from Council, or in exceptional circumstances from the Commodore in between Council meeting dates.




*LETTER AND AUTHORITY

Name of boat…………………………………..Length…………………………

Name and address of Vendor

Name and address of Purchaser

To the Nantwich and Border Counties Yacht Club Limited:

1. I accept that my boat [name] whilst on or moored by your premises is at all times at my risk without liability on you or your members or any other persons for any loss or damage occasioned thereto.

2. I will remove my said boat from your premises and/or moorings on your demand and in any event no later than 18.00 hours on the day after your Club craning in day and until then will comply at all times with the directions of your Council of Management and with your Harbourmaster. Upon my failure to remove my boat within the time aforesaid, you may make such arrangements for its removal and mooring elsewhere as you may think appropriate entirely at my risk without any liability for loss or damage thereto.

3. I agree to my boat being craned into the water at the time of your next Club craning in day on the date notified to me and to pay your charges in respect thereof on demand and before craning in. My boat shall be craned in and launched entirely at my risk and shall not be considered to be at any time in the charge custody or control of the Club or the owners of the crane and their respective members servants and agents whilst being craned and lifted into the water and launched whether I am personally present or not, and I will not make any claim against you or your members for any loss or injury occasioned to my boat, myself or any other person.

4. I will effect insurance cover in respect of the boat for at least Third Party cover risks with a limit of liability in accordance with the current requirements of Canal and River Trust from the date of completion of the purchase until removal from the Club premises and I will show the Policy or Cover Note to the Harbourmaster before completion of the purchase.

SIGNED…………………………………………………………….

DATED……………………………………………………………...


GUIDELINES FOR MOORING ALLOCATION



1. GENERAL PROVISIONS

Mooring allocations are the responsibility of Council based upon the reports and recommendations of the Harbourmaster.

Notwithstanding the guidelines set out below, Council may exercise discretion to take account of other relevant factors such as the availability of vacant moorings, health considerations or members record of active support for the Club.

The Harbourmaster is required to utilise space to the best advantage so as to maximise the mooring revenue. Allocations may therefore be influenced by seeking to find the best fit of boats for the lengths of mooring available.

2. CONDITIONS

Mooring allocations are conditional upon boats:

Displaying a current Canal and River Trust licence.

Being covered by suitable insurance with a Third Party Liability limit not less than that specified by the Council from time to time.

Being covered by payment of appropriate club fees.

Being maintained in a sound and clean condition.

Being securely moored when not in use.

As a general rule and a matter of good practice, a reasonable space should be left between moored boats. Where necessary in individual cases, further guidance should be sought from the Harbourmaster whose decision is final in the case of any dispute

Being certified in accordance with Current Canal and River Trust Safety Legislation

There are no entitlements to moorings. All allocations are subject to review, normally undertaken at the Council's meeting in March.

Provided that relevant circumstances remain unchanged, allocated moorings will normally be re-allocated in succeeding years.

Allocated moorings must be vacated forthwith on any change or part change of boat ownership, except as between spouses or an offspring who is a member of this Club. (See 6 below)

3. ELIGIBILITY

A Member is eligible on joining the Club, or thereafter to apply for a mooring of up to 40ft in length.

Notwithstanding the length of mooring for which a Member may be eligible to apply, mooring fees will be charged in accordance with the actual size of boat except as in 5 below.

4. ANNUAL RENEWAL OF EXISTING MOORINGS

Applications for annual renewal of existing moorings are to be made in the appropriate section of the “Application for Renewal of Membership” form. In order to be valid, completed forms and payment of fees must be received by the Membership Secretary in accordance with Article 11 in the Articles of Association.

5. FIRST TIME, REDUCED OR EXTENDED MOORINGS

Applications for new moorings are to be addressed to the Harbourmaster in writing wherever possible before 1st March each year.

Members may not apply for any length of mooring for which they are not eligible.

Applications in respect of a currently owned boat will remain active until such time as a suitable mooring can be allocated.

Applications may be made in anticipation of obtaining or changing a boat but will remain valid only for the current year. Such applications may be resubmitted in subsequent years as necessary.

Where a mooring allocation is offered but the boat for which it is intended is not yet available, the member may choose to accept the allocation by vacating any mooring currently occupied and by paying the appropriate fee(s) for the new mooring length. However, if the new mooring space may have to be forfeited and another mooring allocated of the previous length, the fees will revert to those appropriate to the actual mooring length allocated.

When any Member is allocated a mooring for the first time during his/her current period of continuous membership, an initial berth fee will be charged at a flat rate irrespective of length of boat.

6. ALLOCATION OF MOORINGS

Priorities between conflicting applications for mooring shall be governed by seniority of continuous adult membership. In cases where two or more joining dates are the same, seniority shall be decided by the dates upon which the respective membership applications were received by the Membership Secretary.

A Membership List in order of seniority is available for inspection from the Membership Secretary on request. It should be noted that the timing of the mooring requests has no bearing upon allocation priorities.

7. WINTER STORAGE

The allocation of Winter storage either on the bank or in the water shall be at the discretion of the Harbourmaster who has a duty to refuse storage if he considers that the Member's arrangements constitute a potential hazard.