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Winter 09/10.

 

Seasoned anti limit campaigner passes on

Gerald Price - 1933 – 2009

Many people will be saddened to hear that Gerald Price, the Chairman of the British Disabled Water Ski Association passed away on December 30th. Following an exceptionally active life he only succumbed to a virulent form of cancer after fighting strongly for a couple of months.  All our sympathy at this time will go to his wife Elsie and two sons Andrew and John. At the age of 76 Gerald had a far more adventurous life than most of us, yet alone amongst those who are completely blind. Gerald lost his sight in his twenties and went on to prove that he could still do anything a sighted person could. Water skiing was his principal sport but his interests were varied. His working career was as a professional fund raiser for the Royal National Institute of Blind People (RNIB) He never used a guide dog but with a traditional white stick found his way without help around all of England and its cities. Gerald learnt to water ski behind his own boat on Windermere in the 1970’s. British Disable Water Ski Association was formed in 1978, Gerald and his sons were instrumental in showing the BDWSA the most effective way to teach visually impaired people and what safety procedures were required to allow access to this exhilarating sport for the disabled.  Some of his water skiing achievements were skiing across the English Channel. He was the first blind BDWSA British team member and represented Great Britain in European and World Titled events. In 1987 he became the first blind World Champion.  More recently Gerald’s became a figure head for “Keep Windermere Alive Association” relentlessly campaigning to retain legal water skiing on Windermere. Gerald’s belief was simple; Windermere simply needed good management to allow all water sports to exist in harmony.  Gerald’s was a leading personality in the formation of the Whitworth Water Ski Centre where priority is always given to skiers with disabilities. First elected to the BDWSA Management committee in 1979 Gerald was active on the National Committee from then onwards, he became Chairman in May 2008. His work was recognised by British Water Ski who made him an honorary member in January 2009.  Gerald will be sorely missed and these days when many younger people seem to be so self interested one wonders if ever again we will have someone willing to devote so much of their life to the benefit of others. A good man who made light of his own disabilities and devoted his time to helping others. 

Gerald’s family have decided upon a private funeral for invited relatives and close friends. A much larger memorial service at a later date for all of his very many friends. Gerald himself requested no flowers for his funeral and that, if desired, friends could donate either to BDWSA or to the Macmillan cancer relief organisation. 

The above is an abridged version from the obituary prepared by Robin Nichols BDWSA Honorary Secretary.

Kevan Furber

British Water Ski North West Chairman

Keep Windermere Alive Association Chairman

 

 Speed objectors court case thrown out.

The NPAs attempt to pursue normally law abiding citizens who wish to engage in healthy family boating activities through the courts took a major setback recently when the case was thrown out. The NPA are always claiming of ‘several successful prosecutions’ but KWAA are not currently aware that this is the case. This latest case followed on from an alleged offence earlier in the year followed by a summons in December (see below). The CPS having reviewed the case and having been embarrassed by the defendant in court pulled the plug as they appeared not to want to expose any more loopholes in the colander that is the 10 bylaw. KWAA will be researching the outcome further to see if this can benefit our supporters further should the NPA try anything like this on again.

 

District Council leaves the sinking ship

The lake wardens service which is operated by the local district council have announced that they will no longer be enforcing the 10 speed limit on Windermere as of March 31st. A series of budget cuts along with a trimming of the numbers of back office staff has led to the decision. The wardens have always been in a difficult position as they objected to the speed limit proposals as unworkable and unnecessary. The wardens were also prevented from giving evidence to the public enquiry as their political masters of the day deemed the evidence they would likely give would not support the speed limit. The historically well respected team quickly lost its sheen when the staff were forced against their will to attempt to enforce the now much vaunted NPA policy. KWAA have always had the greatest respect for the Wardens, they were made to pursue a policy in the 10 mph that has entirely failed to deliver the outcomes or for the reasons declared by the NPA. Now, due to a lack of income from lake registrations they are again taking the brunt of the pain. The warden’s scheme, via the district council used to receive a £100,000 a year grant from the NPA.  When the limit came in the grant was cut due to a lack of boat registrations and then again as a result of the SSR being a much cheaper scheme than the NPA alternative.  It appears that SLDC cannot see a revenue stream to support the Lake Wardens so has handed the enforcement responsibility back to the NPA. Unfortunately for the NPA, whilst they patronisingly told local businesses to prepare for the 10mph speed limit arriving in 2005, they failed to plan themselves as boat registrations fell.  The trimmed down Wardens service will remain but unencumbered by daft NPA policies that stop families and responsible citizens for enjoying a healthy pastime.

 By-law review still pending.

Here at KWAA we have been waiting from the new by-laws to come into place. We don’t really like many of the ideas contained within them (like allowing the NPA to create a charging monopoly again - we know where it was going last time when they thought they had one. £300 each!) However, we welcome the recognition by the NPA's masters that waterskiing and wakeboarding are legitimate activities to take place on Windermere - the lake we love.  Sadly the by-law review will still contain a daft speed limit (for the benefit of who knows?) but new NPA park director MARK ECCLES has assured the public that Skiing and wakeboarding 'can take place' and we can only assume this to be a general acceptance of the activity in general...or is it?

 

Will the CPS continue to prop up the NPA in court?

A couple of years ago when a speed objector was taken to court by the NPA via the Crown Prosecution Service (CPS), the case and evidence was so shambolic the CPS told the NPA they would not take another of that kind.  During the winter it has become apparent that the NPA and their rangers have been up to no good again by carpet bombing speed objectors and commercial boat operators with court summonses.  A couple of these are going through the motions of wasting more tax payers money at the moment.  The usual NPA 'modus operandi' is there. i.e. attack a 'weak' family or defenceless salesman with callous legal threats but when you get to court, if you dare to, there is no presented evidence other than 'I reckon' you was going fast' to back it up.  No usable video, no ‘laser’ evidence (although there are admissions of lasers not being any use on water) a vague 'limit' and no speedo in a boat worth a carrot. Whether the Magistrates will do the decent thing a chuck it out remains to be seen but could lead as last time to a giant fine of £50 and an application of costs by the NPA to the maximum of £450 total. 

 

NPA set to squander more public money

Just as the District Council pull their staff out of the firing line by no longer pursuing 'speeding' boats - guess who has decided to go the other way?  You guessed it, the NPA. More staff, more equipment and more scant resources defending a crass policy. Here at KWAA we have come to the conclusion that it’s obvious the NPA have nothing better to spend our money on, but the faint whiff of at least 5% cuts to government budgets is likely to see a rapid contraction of services. KWAA doubt if they actually have the resources and inside information points to the authority making this a 'last stand' before seeking a more pragmatic approach with users who actually want to use the facility.  The vast majority of us want to conduct our healthy, family orientated, community spirited activities without officious park wardens defending their masters 'keep off the grass' policies. At KWAA we seek an integrated set of policies to allow responsible adults the ability to conduct themselves accordingly – hey who knows we may be prepared to pay for the privilege.

 

KWAA seeks a pragmatic meeting

KWAA has for some time been keen to drive forward lake usage policy – as the primary user group many of our members have a wealth of experience that could be put to good use. KWAA desire to see a managed return of certain lake activities but this always seems to leave us at odds with the park authority. KWAA wishes a sensible dialogue to work round the impasse as we think by now both sides realise neither of us are going to go away any time soon.

Summer 09 .

Well then - what a summer it’s been. Things started off looking pretty good on all fronts, KWAA in court eventually, a strong spring with great weather and then what? it all goes to hell. It does appear that the English channel became the dividing line for good things firstly in the weather as anywhere south of the cut seems to of had a pretty reasonable time, but also as a division for common sense with the outcomes from KWAA's legal case. As many know KWAA have be engrossed in a long and tedious legal battle over various components of the 12ish speed limit and its supporting legislation. The outcomes of landmark decisions made recently now mean that KWAA don’t really have a good legal case against the NPA itself. However the Judge indicated that we should now pursue the secretary of state and DEFRA ( the NPA's bosses) for the decisions made. We should not and are not too unduly disheartened by this outcome. No one was found guilty of speeding on the lake as the NPA quickly dropped that part of the case. In defending the their position and policies the NPA spent huge sums of (public) money on their own officer time and the time of barristers they needed to fight KWAA. It is a victory for the NPA but an empiric one where they have lost far more than they have gained.
The struggle Continues - KWAA as a group met in August to discuss how to progress the desire to see a managed solution to the problems on Windermere, other than a 12ish blanket speed limit and we have plenty of irons in the fire. Needless to say as a group we are determined to continue with the more effective parts of the current strategy i.e. involvement and influence. KWAA are better placed and more informed than ever in order to affect the outcomes all KWAA supporters’ desire and that is an effective plan that allows all lake users to conduct their activities in a managed environment - not just the chosen few.
More Fun - for those of you who do come to Windermere you will undoubtedly have noticed a change in the strategy of the lake patrol authorities to conduct on the lake. This summer there is far more 'speeding' based activities happening on a regular basis than at any time since the 12ish limit was implemented. The De-Facto situation is that speeding while doing 'a (water) based activity' does seem to be tolerated especially at quieter times i.e. not in the middle of a weekend afternoon.
All change with the Parkies? -At this time there is a rumour that the District council will cease attempting to enforce the NPA speed bylaws as of the 31st March 2010 following a huge cull in the number of staff – whether the authority will replace the District council’s officers with another group remains to be seen and be sure that KWAA will be there to influence any decisions where possible.


Things to know.
• you are not legally obliged to give your name and address to the lake wardens or the NPA lake patrol staff they are not the police.
• you must comply with the instructions of a police officer
• the small ships register is still valid and the most cost effective way. SmallShipsRegistration

These notes are for information only. At this stage it is still a civil offence to drive at more than the NPA's published limit and it is the sole responsibility of the DRIVER (Master) to comply with the published regulations.

 

Spring 09 .

Easter and the early May Bank holiday's have again seen a considerable and increasing number of wake boarders, skiers and the hardy souls of British powered boating fraternity enjoying themselves on Windermere. Here at KWAA we have been receiving a lot of contacts asking about what's going on, are the wardens turning a blind eye can we go skiing? Can I drive fast? Legally KWAA cannot answer questions like this so we can only really pass comment on what we have personally witnessed.
• wake boarding especially tricking is taking place frequently at all times of the day
• waterskiing is taking place at quieter periods and outside of the 'normal' use times. i.e before 10 and after 7
• full speed blasting up and down for no apparent reason will attract unwelcome attention
• large 30' + cabin cruisers attempting a dash down the lake are likely to get a proper telling off
• KWAA are unaware of anyone getting 'done' - if anything you may get a letter but some people have 6 of these.
• at busy times keep a low profile

KWAA are also aware that there is no guidance from the NPA or other government authorities on how to behave. We would recommend that drivers adhere at least to the pre 10mph limit bylaws when towing a boarder or skier and comply fully with the British Waterski Federation reccomendations . As a reminder these basic rules are
• the boat must have a rear view mirror
• you must have a rear facing passenger who is over 16 years
• the skier must have a lifevest on
• the driver and passengers should wear life jackets or life vests
• the driver should wear the engine kill halyard
• it is the responsibility of the driver never to position his boat or the skier in such a way that could cause an incident. You can always stop.


Things to know.
• you are not legally obliged to give your name and address to the lake wardens or the NPA lake patrol staff they are not the police.
• you must comply with the instructions of a police officer
• the small ships register is still valid and the most cost effective way. SmallShipsRegistration

These notes are for information only. At this stage it is still a civil offence to drive at more than the NPA's published limit and it is the sole responsibility of the DRIVER (Master) to comply with the published regulations.

Winter 08 Part 3.

This winter has seen some further developments in KWAA's position. it is true that the wheels of the judiciary turn very slowly indeed, Since the updates below KWAA are now moving to a verbal hearing with the courts to prove the case for a Judicial Review against the NPA. this is essentially an appeals procedure against the previous judgements which were based purely upon written documentation presented by both sides. We will keep you posted as to the outcome.

Winter 08 Part 2.

Nothing for months then…. That’s the problem with a volunteer quasi organization like KWAA things are always happening in the back ground but not every player knows what’s going on! Here’s the lie of the land and an official statement from Kevan Furber and a press statement.
The judicial consideration on if KWAA have a case was heard late on Monday (2nd March) by Deputy High Court Judge Neil Garnham QC who allegedly observed that there was “no properly arguable basis for this challenge.” As usual the NPA press (spin) machine went into full effect with a prepared statement and released it to the press in the usual shoot from the hip, crowing ‘I told you so’ sort of way. However… there was a serious administration and clerical error in the court that effectively ment’ that none on the KWAA legal teams responses to the NPA point of view was heard. CONSPIRACY I hear you all cry! Well possibly but those are the cards we were dealt. Fortunately the court has seen the error of its ways and we now wait a further verbal hearing to be completed within seven days. Sadly it’s fair to point out that the judiciary are not really known for changing their minds regardless of the evidence presented so we will wait and see. Next is a fragment of the KWAA press release - You may have heard via the media (Press Release via the National Park Authority) that KWWA legal challenge to the Windermere 10mph speed limit by way of Judicial Review, has been rejected by Mr Neil Garnham QC sitting as Deputy Judge in the Administrative High Court. The NPA’s Press Release has been somewhat premature; the facts are that the Deputy Judge did not have sight of all the evidence submitted by KWWA due to an administrative error within with the court system. It has now been formally agreed with the High Court that the Deputy Judge will reconsider his opinion in view of the full facts now before him.

Winter 08 Part 1.

NEW YEAR REVELMENT GOOD FOR KWAA
While everyone was welcoming in the New Year, the budget planners at the NPA were quaking in their boots. As Big Ben tolled in 2009 all the NPA’s previous Lake Registration licenses expired and because the Home Secretary has yet to make a decision on the new set of by-Law proposals the NPA got stuck with only £5 a boat until at least 2010! Hurrah! While its not the best outcome we could hope for, keeping the NPA strapped for cash by their own historic stupidity makes them more likely to talk. The serious budget situation for the NPA caused a fight last year between the District Council (who operate the Lake Wardens Scheme). When the NPA didn’t pay as usual this led to the withdrawal of the wardens assistance in enforcing the NPA’s draconian unsustainable by-laws. This means the SSR scheme is still available as an alternative and KWAA hope that boat owners will choose that option over giving £5 to the NPA directly. Use a PART 3 registration or follow this link https://mcanet.mcga.gov.uk/ssr/ssr/ if you want to register in this way.

NO NEWS. Is that good news?

Still no further news on the ongoing Judicial Review case being taken by KWAA against the NPA on bringing in the hated 10 limit. The recent by-law reviews that have been worked up by the authority (bearing in mind you were not ‘allowed’ to talk about speed.) are currently on the secretary of state’s desk. The problem is that DEFRA (the government department who manages the NPA)dare not do anything with them in part due to the pending Judicial review procedure ongoing thanks to KWAA efforts. The very fact that its’ all quiet on the Windermere front’ shows that both the NPA and DEFA are more than a little concerned about the validity and legal surety of the KWAA challenge.

 
CHANGE OF DIRECTION? A stripy leopard or a spotty tiger? in Africa? Serious changes due to appalling government reviews in both the structure and management of the park authority in recent times were designed to significantly change the way the NPA conducts its business. A new chief exec, pruning of the board and ridding the authority of the entrenched ‘FOLD’ pressure groups excessive influence have in some peoples view worked. KWAA are pleased to report that in some quarters there may well be a light in the tunnel. The BIG problem is that the old ways are still persisting. No obvious desire of the authority to engage in talks with KWAA, blatantly manipulating the evidence gathered from public consultations to shine the authorities standpoint and press releases with so much top spin the officer who wrote it must have been fired their previous post in Labour’s central office for over doing it. All these criticisms still prevail and while we at KWAA try to dress it with humour the fact remains that the NPA’s senior officers still appear to be wearing sheep skins. Our request is a simple one, simply accept KWAA request for worthwhile meaningful talks about the use and future of Windermere without your usual prejudices. That way we can trade to get the outcomes we both look for.

14/10/08. NPA moves to remove the speed limit restrictions!

In a shock move reported by none other than Border Television and amidst claims of a secret meeting between the NPA, Natural England and DEFRA, the NPA are seeking changes in the speed limit due to the loss of revenue! You can see the Border Television report HERE, claims that the "CONTROVERSIAL limit was causing problems ONCE AGAIN" are made.

KWAA are not aware of any such meeting but encourage supporters to spread the word! 

 http://www.itvlocal.com/border/news/?player=BOR_News_15&void=245485

06/10/08. Proposed by-law changes out for public consultation

The most recent set of by-law amendments comes under public scrutiny for the next four weeks until 31st October. KWAA remain non committal towards the amendments as it is felt that some of them are a step in the right direction. KWAA will be taking legal advice as to the validity of the move by the NPA to quash any debate on the use of craft above the legally confirmed ('Plain as day' according to Judge Chalk) 10 KNOT / 11.5 Miles per hour / 19 Kilometers per hour limit. The soon to be confirmed By-Laws are HERE  and further information is HERE.

05/10/08. Great Night at the annual KWAA dinner

Over 120 supporters enjoyed a great night out thanks to the Windermere Hydro Hotel. a significant amount of money was raised in donations and bumper raffle featuring prizes from many local companies including Windermere Aquatic amongst others. Kevan Furber was on hand and gave a key note address outlining the recent developments with KWAA's mission to see a return to managed speed activities. Kevan confirmed that the LDNPA have officially dropped the case against him and confirmed the KWAA will go after the NPA before the Courts in London with a Judicial Review.

24/09/08. THE NPA's weak case CAVES IN!

In the latest news and following an e-mail from Kevan Furber to this web sites many subscribers its can be confirmed that the LDNPA have officially dropped the case against Mr Furber. The following is an extract from the recent public announcement. "I am extremely pleased to inform you that the Solicitors acting for KWA and the NPA have agreed to drop this Criminal case (against Furber) and we (KWAA) will now move forward with an Administrative law case before the Courts in London for a Judicial Review of the 10MPH byelaw on Lake Windermere." "We are busy now preparing the case to go before a High Court Judge in the next three months. If we are granted review then the case will go forward for a full Judicial Review and hopefully a solution to our absence from the Lake." We will continue to bring you news on this important development over the coming weeks!

04/09/08. Famous annual KWAA dinner dance confirmed

KWAA are pleased The HYDRO HOTEL has once again agreed to host our annual event (poster Download Here). A fun night out for everyone who has an interest in seeing a return to a better spread of activities on our lake and not for just the chosen few. Come along to catch-up with the news, enjoy the ambiance of like minded people, see your campaigners and show them your support! put it in your diary now 4th October 2008, 7.15 pm.
You can also pay for tickets online with our DONATIONS button. Please see poster link above for full details.

05/08/08. NPA uncertain of how to proceed with the case against 10mph objectors

Recent email exchanges between the 10mph objectors solicitors and the park authority solicitor James Sherrin have been increasing in frequency. A source said 'they are trying to steer away from a head on clash in the courts and want the case to go down a different route'. KWAA has gathered large amounts of evidence on the way the Lake District National Park Authority has used its power and covered up its own failings when forcing through the quangos decisions for 10mph on Windermere. KWAA are keen to see the evidence presented in court as part of the 'Unreasonable' argument against the bylaw that discriminates against a significant user group without exceptions.

04/08/08. KWAA web site 'hits' important milestone

The KWAA web site saw its first important milestone today in the number of signups for information that have been registered by lake users new and old. An insider on KWAA said 'We are all delighted at this great news, it has always been a problem for us to get the message out but with this (web) site we can tell real people what's going on and how to object. The best thing however is that the number of powered boats on the lake doing as they see fit is growing on an almost daily basis'

03/08/08. 'Classic' Boat Rally a 'Blast'

This weekend the famous Windermere Motorboat Racing Club (http://www.wmbrc-racing.net , http://www.wmbrc.co.uk) played host to the boating classics. A selection of historic Sports boats from all over the UK and Europe country travelled to Windermere to be part of this classic event. Many used the facility of Windermere to 'stretch the legs' of their craft when the opportunity arose. The collection saw representation from sedate wooden river cruisers to fast ex-offshore racers. A great favourite at the event is the venerable 'Albatross' aluminium ski boat that has been the source of so many peoples first ski experiences over the years. The classic British Albatross's were once again seen to be doing what they do so well.

28/07/08. Ski and wake-board boats return to Windermere.

 Many Ski, wake board and sports-boats enjoyed the spectacle of the Windermere Air show this weekend. Although the highest speed excitement was above the water on both days, a significant number of sports, ski and wake boats boats took time off from their family orientated recreational pursuits to enjoy the air show. One observer stated "its the biggest number of ski boats I've seen on the lake for ages - I'm glad to see them returning". It now appears that responsible wake boarding, knee boarding and wake surfing activities taking place at speeds close to the declared limit are being tolerated although this has not been confirmed by any agency in authority or KWAA. The message is clear though - don't let your boat just rot away in the garage or driveway, get it registered on SSR for £25 (lasts 5 Years!)(https://mcanet.mcga.gov.uk/ssr/ssr/ ) show your numbers and get some boarding in.

27/07/08. Boat user to take LDNPA to court over registration bylaw irregularities.

Head LDNPA ranger Steve Tatlock's bullying threats of 'having going to court' were accepted by one sports boat user this weekend. It has been known for some time that there are significant discrepancies in the rules governing the format of the much hated LDNPA 'numbers' when operating under the significantly cheaper and better value SSR scheme (https://mcanet.mcga.gov.uk/ssr/ssr/ ). Sources very much doubt that the LDNPA will be prepared to back their own staff to go before the magistrates on this occasion and expect a climb down. KWAA do not condone such activity but will continue to report any outcomes to their supporters though this site. If you have such experiences you would like to share with KWAA for the benefit of other lake users be sure to use the Contacts page (don't forget to include your email address if you want a reply!)

25/07/08. KWAA pressure successful in changing the new bylaw proposals.

KWAA this week were successful in influencing and shaping the scope of the by-law proposals put forward by the Lake District National Park authority. The authority had been heavily embarrassed by the less than watertight by-laws that they have attempted to operate under in recent times. Legally challengeable loopholes in the registration scheme, the credibility of the so called 'laser gun' evidence and in the confusing nature of what units were to be used, resulting in 4 different speed 'limits'! had been pointed out amongst others. KWAA were also instrumental in ensuring that the new by-law proposals have to now cater for exemptions to be considered by the authority and that any cash gathered under the registration scheme only be spent on administering the scheme itself and not implementing unrelated scheams on Windermere. KWAA now look forward to playing a further part when the proposals are put before the secretary of state.

15/07/08. KWAA Supporters dance a great success.

Over 110 people enjoyed a night of like minded chat, good food and dancing on the night. (KWAA Thanks to the LOW WOOD Hotel for their support). A brief Keynote address was given thanking supporters for their attendance, alerting them to the new KWAA web site and bringing supporters up to speed with the ongoing KWAA court case against the National Park Authority. A promise of a further event on Saturday October 4th @ The Hydro Hotel was made so get that in your diary now.

01/06/08.Dinner Dance for KWAA supporters July 11th.

see more details on this link POSTER FOR DINNER DANCE This will be a fun night out for everyone who has an interest in seeing a return to those activities the NPA has removed from the lake. Come along to catch-up with the campaign, see old friends and generally stick two fingers up to the organisation that would much prefer you went away!
You can also pay for tickets online with our DONATIONS button. Please see poster link above for full details.