Law: Checks at the start of the season - which boat documents should be on board
Lasse Johannsen
· 20.03.2024
In recent years, extensive operations by the waterway police have often made the headlines. On some weekends, thousands of recreational boat crews were checked simultaneously in various federal states. Some boaters received warnings or fines because they did not have their boat documents such as driving licences or proof of ownership for the boat with them. This happened despite the fact that the list of documents that sailors should always have with them is actually quite short.
Crews should also be prepared for extensive police checks this season. Therefore, the following summary provides guidance on which boat documents should be carried on board and which documents should be kept easily accessible, even if they are not required by law. For clarity, we make a distinction between documents relating to the yacht and its equipment and those that are important for the skipper and crew.
These boat papers should be on board
For the YACHT
- International boat licence
- Purchase contract or invoice
- Proof of liability insurance (depending on the country)
- Safety certificate (for commercial use)
- Boat certificate (for chartering)
For the equipment
- Frequency allocation certificate for the radio device
For the crew
- Identity cards
- Pleasure craft licence (skipper; for boats with engines over 15 hp)
- Radio licence (LRC/SRC/UBI)
- Certificate of competence (pyrotechnics)
- Certificate of competence (signalling ammunition)
- Weapons possession licence (signal pistol)
- Health insurance card
The boat papers for the yacht in detail
Proof of ownership
Police checks are often carried out as part of the fight against theft. Although this is rarely the case in Germany, it happens regularly in some other countries. Skippers should then be able to prove that they are in legal possession of the yacht, either because they own it themselves or because the owner has given it to them - for example as part of a charter. If the boat has been loaned out free of charge, an informal letter from the owner in the boat papers can be helpful. If you want to be on the safe side, have the document notarised. However, the skipper should be able to prove to the authorities that the person named in these documents is actually the owner of the boat.
With the Ship certificate there is an official proof of ownership for the boat papers in Germany. The term "official" does not mean that it is required by law, but that it is issued by an authority. It is issued by one of the ship registers kept at 17 German district courts. Which of these is responsible for the registration depends on the home port. This is usually the harbour from which the ship is operated or the owner's place of residence.
Recreational craft with a hull length of more than 15 metres are required by law to be entered in the shipping register. It does not matter whether they are used privately or commercially. The prerequisite for entry in the register is a tonnage certificate issued by the Federal Maritime and Hydrographic Agency (BSH). In addition, the owner must submit the purchase contract and his personal documents. They therefore also belong in the boat papers. In addition to the official proof of ownership, the ship certificate is also the certificate of the right to fly the German flag.
Smaller yachts can be voluntarily entered in the shipping register and then also receive an official ship certificate for the boat papers. This provides the owner with a nationally and internationally recognised proof of ownership for their yacht, which can be particularly advantageous for cruises abroad.
Not issued by an authority, but officially recognised throughout Europe as proof of ownership is the International boat licence. It can be issued by the German Sailing Association, the German Motor Yacht Association and the ADAC. In addition to the owner's details, the document also contains various information describing the yacht's identity. The boat licence is intended to facilitate administrative procedures in cross-border traffic, in harbours and with authorities. It must be renewed every two years and must be included in the boat's papers.
The easiest way to prove ownership of a yacht that is not subject to registration without an official or officially recognised boat document is to use the Boat purchase contract or the corresponding Invoice must be presented. It should be on board in the original or as a notarised copy in the boat papers.
In addition, there are non-official documents that credibly identify you as the owner of a ship: The Standing licence for example, indicates that the yacht described therein is entered in the register of the sailing club in question under the designated owner. And a Measurement letter certifies the conformity to a boat class and also contains information about the owner.
In contrast to Germany, some other countries require proof of ownership for the ship. In this case, there will usually be certain requirements for proof of ownership. It is therefore advisable to find out about the relevant country-specific requirements for boat documents before travelling abroad.
Proof of nationality
Authorisation to fly the federal flag can also play a role abroad as proof of nationality. It is issued by the Flag certificate proven. The document is valid for eight years. It is only issued for sea-going yachts that are no longer than 15 metres. In Germany, no authorisation is required to fly the federal flag on such yachts. In France, however, for example, the flag certificate is regularly requested. This is an official document, but is not considered proof of ownership. It is issued by the BSH.
Proof of value added tax
For cruises within the EU, proof of the VAT paid on the boat purchase is practically irrelevant. However, when entering the EU, customs may ask for it. If neither a Invoice another Purchase contract with the relevant information, the so-called Simplified certificate of identity must be applied for at customs. It identifies the vessel as Union goods. To ensure that it does not lose this status, the boat must return to the EU within three years.
Licence plate
On inland waterways, the Rhine, the Moselle and the Danube, pleasure craft must carry a licence plate - motorboats if they are powered by more than three horsepower, sailing boats if they are longer than 5.50 metres. The licence plate follows from a registration. There are various options for this:
If a International boat licence then its number is the licence plate number. An S must be added to the number if the licence was issued by the DSV, an M or A if it was issued by the German Motor Yacht Association or the ADAC.
For yachts with Flag certificate the number of the flag certificate with the suffix F can be used. In the case of a recreational craft registered in the shipping register, the distinguishing signal there is the licence plate number. The radio call sign assigned by the Federal Network Agency is also recognised as a registration mark.
Owners of pleasure craft who want to buy a Identification of the small vehicle licence plate use the licence plate mentioned therein. If boats are authorised for commercial use in inland navigation, the letter V is added. In some areas there are licence plates allocated according to state law, for example on Lake Constance.
As the owner, you are free to choose how you want to mark your boat. However, the underlying document must be carried on board.
Certificate
As soon as a yacht commercial is used, for example for training purposes or to take paying guests with you, a Safety certificate be available. When chartering without a skipper, a Boat certificate sufficient. The safety certificate is applied for at the Ship Safety Division of the German Social Accident Insurance Institution for the transport industry (BG Verkehr). Required is the Ship certificate for boats longer than 15 metres; in addition, if CE certification is available, the corresponding Declaration of ConformityOtherwise, a stability calculation and proof of hull strength. After an inspection, during which the ship's safety is checked, the BG Verkehr issues the certificate for two years.
The lessor applies for the boat certificate at the Waterways and Shipping Office (WSA) of the home harbour or the company headquarters. It is issued after an inspection for two years, or three years for new builds. During this inspection, road safety is checked and it is inspected whether the prescribed equipment is on board and the boat is labelled. The licence plate is made up of the WSA code letter, the number of the boat certificate and the letter V for rental.
Insurance
In some countries, proof of an existing Liability insurance required. It is also essential to observe the prescribed minimum sum insured. This is not the case in Germany. Nevertheless, it is highly advisable to take out insurance for the ship and to carry the insurance policy with you.
Equipment
If the yacht is equipped with a marine or inland radio station, the Frequency allocation certificate mandatory. It provides information about the authorisation to use certain radio frequencies. If test certificates for nautical equipment are available, they must also be carried on board.
The boat papers for the crew in detail
Personnel papers
Some of the relevant documents on board are personalised, such as Passport and identity card. They should be carried in any case, within the EU the identity card is sufficient.
Insurances
The Health and accident insurance cards should be carried, especially when travelling abroad!
Border authorisation
The Border authorisation hardly plays a role in practice. In purely legal terms, it is required when leaving the Schengen area from a port that is not classified as a border crossing point or from a port that is authorised as a border crossing point outside the specified traffic times. The document can be requested from the Federal Police.
Driving licences
If the yacht is motorised with more than 15 hp, the skipper in charge requires, depending on the area, the Sport boat licence inland or sea. In some areas there are different local driving licence regulations.
Radio certificate
If the yacht is equipped with a radio, the corresponding Radio certificate and must be presented during inspections.
Signalling equipment
If pyrotechnic signalling devices are present, the person on board who has the power of disposal over them must Certificate of expertise according to the explosives law have. This is usually a stamp in the recreational craft licence, which is issued after an appropriate examination. If there is a signal pistol on board, the Weapons possession licence and the certificate of competence according to the Weapons Act to be carried.
Other evidence
If a yacht that is longer than eight metres is used commercially, the crew members are subject to the Ship's crew certificate of the Berufsgenossenschaft Verkehr is required.
It can be helpful to use existing Membershipsfor example in a sailing club, in the cruiser department of the DSV or the blue water network Trans Ocean.
It is best to have the originals of all documents on board with you. In the event of loss, however, it is essential to leave notarised copies ashore.
What equipment must be on board
In addition to the papers, the equipment is also often checked. This article explains what to look out for, what is mandatory and what is not
