Today, an amendment to the new small ship product regulation was published in the Federal Law Gazette. In the " First Ordinance Amending Rhine Navigation Regulations and Other Provisions of Inland Navigation Law " now provides for considerable simplifications for the commercial operation of recreational craft.
In particular, the transitional period in Section 130 of the Inland Navigation Personnel Ordinance has been extended until 2027 and the cut-off date regulation has been deleted. This means that until 17 January 2027, as before the introduction of the small craft certificate, a recreational craft licence will also be sufficient for commercial, professional and official use, regardless of whether this use was already being exercised on 17 January 2022. The extended transition period should also be used to organise the examination for the small craft certificate in a practical manner.
The main changes (the paragraphs refer to the Inland Navigation Personnel Ordinance ):
- TheTransition period extended until 2027This means that a small craft certificate can be issued by the GDWS until 17 January 2027 upon presentation of a recreational craft licence (Section 130).
- TheProof an already exercisedcommercial activity on a certain key datewas cancelled. For example, anyone working in a recreational boating school from today will only need a recreational boating licence for the corresponding area of validity until 17 January 2027.
- To theAcquisition of the small craft product after 17 January 2027 only a commercial activity must be proven at the time of the application, not before, and a theoretical examination must be passed.
- The medical fitness examination for the small craft certificate (every 5 years from the age of 60; every 2 years from the age of 70) may, instead of being carried out by doctors authorised by the employers' liability insurance association, also be carried out by persons who have a qualification as a specialist inOccupational medicine or have additional further trainingOccupational medicine have concluded (§§ 21 and 22).
- ARadiotelephony certificate is required for the acquisition of the small craft productno longer a requirementif the small craft product is not used as an interim solution for another patent (Section 15 (5) sentence 3).
The original article from 16 February 2023:
Anyone travelling with their recreational craft on federal waterways in inland areas needs an inland recreational craft licence. However, if you do this commercially, the small boat licence has been mandatory for a year now. And "commercial" in the sense of the relevant regulation is almost everything that is not purely for recreational purposes. The transitional period during which old recreational boating licences are still accepted has now been extended by another year
Since 17 January 2022, vehicles driven commercially, professionally or for business purposes with a length of less than 20 metres must, according to the relevant Inland Navigation Personnel Ordinance be operated with at least a small boat licence. According to the interpretation of the Federal Ministry of Transport, this not only applies to typical professional vessels, but also, for example, to training boats from sports boat schools, shipyards or boat dealers on a demonstration trip. Even trainer boats are affected if the training is not voluntary and free of charge. Whenever a vessel is not used "for sporting or recreational purposes", the inland recreational boating licence is no longer sufficient as proof of competence on inland federal waterways.
If the commercial activity was already carried out before 17 January 2022, a transitional regulation for issuing licences without an examination was previously in place until 18 January 2024. Until this date, commercial boating was still permitted with recreational boating licences. This deadline has now been extended by another year by the Federal Ministry of Transport, said Katja Kleine Jäger, Managing Director of the Association of German Sports Boat Schools e. V. to YACHT online:
"Section 130 BinSchPersV (2) and (3) will then state 17 January 2025 instead of 17 January 2024, meaning that the recreational craft licence can still be used for commercial, professional or official activities until then. Accordingly, there is no urgent need to apply for the small craft licence now."
Commercial training on wind or muscle-powered vessels or boats with an engine power of less than 15 hp is completely exempt from this regulation. This means, for example, that a small boat certificate is not required for lightly motorised trainer boats (with a power output of less than 11.03 kW) or SUP training.
Small ship product without inspection
To apply for the small craft certificate - this is not a transfer, as the applicant may keep the recreational craft licence - proof is required that the commercial activity was already carried out before 17 January 2022. A trade licence or confirmation from the employer is sufficient here.
If you have reached the age of 60, a medical certificate of fitness in accordance with Annex 5 of the Inland Navigation Personnel Ordinance must be enclosed with the application. The medical certificate from the recreational craft licence ordinance is not recognised here. During the transitional period, however, it is sufficient for the re-registration of persons aged 60 and over. This means that any general practitioner can be consulted to confirm fitness in accordance with the criteria of the recreational craft licence ordinance.
Small skipper examination
From 18 January 2024 or if the commercial activity was only started after 17 January 2022, a theoretical examination for the small craft certificate must be taken. However, a hasty examination should be avoided, says Katja Kleine Jäger. She hopes that the ministry will relent after all and that exemptions will be worked out, at least for the sports sector.
