Compulsory equipment: Checks in the grey area - what belongs on board and what doesn't
There is no mandatory equipment for recreational craft in the literal sense. Even the word "mandatory" is unsettling. In fact, there are always recommendations as to what should be carried on board and when. Each skipper must decide for themselves whether these are sensible and whether they should be adhered to. What is important from a legal perspective is that certain equipment must be ready for use on board in the event of an incident. For example, navigation lights when sailing at night.
The so-called equipment obligation results from a wide variety of national and international regulations. However, there is no clear summary. As a result, hardly any owner is really sure what must be on board and what only should be.
Compulsory equipment:What are regulations, what are recommendations?
Many of the underlying regulations are familiar to sailors - the International Regulations for the Prevention of Collisions (COLREGs) and their German supplements in the Maritime Traffic Regulations (SeeSchStrO), Inland Waterways Regulations (BiSchStrO) and regional regulations. These regulations not only specify which lights are mandatory and in which situation a signal must be set, but also what happens if the required items are not on board. However, this does not result in an equipment obligation.
A violation of these regulations can be punished as an administrative offence. This is stated in the COLREGs and the Maritime Traffic Regulations themselves. How the offence is dealt with is initially at the discretion of the investigating police officers. If it is categorised as a minor offence, it may result in a mere instruction by the inspecting waterway police officers, which is the most common case according to the police.
When can you cash in?
However, the officers may also levy a fine and collect it on the spot. Unreasonable behaviour is often at the beginning of such a measure. If the offender does not agree to pay the fine or if the quality of the offence is rated higher by the officers per se, for example because they assume that the offence endangers traffic, the matter becomes the subject of fine proceedings. This will result in a written hearing by the Waterways and Shipping Authority's (WSA) fines office, with the possibility of appealing against the decision at a later date. However, you should not let it get that far for no reason, as a fine procedure incurs additional costs.
Up to this point, the situation is relatively simple. The most important offences and their penalties, warnings of between 15 and 25 euros and fines of between 75 and 100 euros, can be easily found in the catalogue of fines and warnings for inland and maritime waterways (BVKatBin-See). The regulations are published in the Verkehrsblatt and can be obtained from the publisher of the same name, but they are also included in the hand edition of the Maritime Waterways Regulations and can be obtained from the fine offices of the water and shipping authorities or from the cruiser department.
But that's not all. What else should be on board is only prescribed by law for commercially used yachts. Namely in the See-Sportbootverordnung (SeeSpbV, see list on p. 44). It applies to "large pleasure craft". These are not particularly seaworthy boats, but those with a cabin that are suitable and intended for sailing seaward of the baseline - i.e. almost everything that can be found in marinas on the coast.
What is the "seaman's duty of care"?
On private yachts, on the other hand, the law only requires that the equipment fulfils the "nautical duty of care". This follows directly from the COLREGs and the German supplementary regulations and, as an undefined legal term, is a horror in the eyes of every skipper. If you want to find out what your equipment must look like in order to fulfil the "duty", you will get many different answers, as there are several very different interpretations.
The Federal Maritime and Hydrographic Agency (BSH), together with the associations, including the DSV, has compiled a brochure entitled "Sicherheit im See- und Küstenbereich" (Maritime and Coastal Safety), which summarises what could be included in an equipment obligation. The work confidently describes the proposals as "rules of care" and thus claims to be used as a standard of interpretation. However, this can be viewed critically. The authors do not differentiate between large pleasure craft, which have different sailing areas. It is obvious that the Folkeboot, for example, can be sailed on the Flensburg Fjord without a sextant and chronometer.
The Cruiser Department offers a translation of the rules of the Ocean Race Conference (ORC) of the World Sailing Organisation as a service. Although a precise distinction is made here according to sailing area, the rules are focussed on the requirements of regattas.
The Federal Ministry of Transport, Building and Urban Development also provides a standard of concretisation with its "Safety on the water" guidelines; with its requirements for SAR radar transponders, Navtex, drift anchors and the like, it exceeds even the strict BSH.
Compulsory equipment:Is there a list of the minimum equipment?
Surprisingly, no-one in the discussion has yet realised that the legislator has already drawn up a list of the minimum equipment required for seamanship. This is because the catalogue from the Sea Sports Boat Ordinance is considered sufficient for commercially used vessels. And these requirements are even easier to fulfil than those mentioned above. Why should it now be mandatory to equip private yachts more intensively than commercially used training or charter vessels?
Ultimately, it is up to the skipper to decide which standard of care to apply. The only important thing is that he has made a recognisable effort to meet it. This means that he should choose one of the catalogues and adhere to it. In case of doubt, it can then be proven that there was no breach of the seaman's duty of care. It should certainly be taken into account that the equipment also depends on the area, boat size and year of construction as well as the crew size.
Incidentally, if the vessel is hired out, the new skipper is responsible for observing due diligence and not the owner. This also applies to the appropriate equipment.
When is a fine due?
If the water police criticise this equipment as inadequate during an inspection on the basis of an equipment obligation, a fine is not imposed for this reason alone. Here too, there must be an additional hazard that would not have occurred without the missing equipment. Once again, it is important to realise how vague the regulations are overall. Ultimately, the person in charge will decide whether the objection, which hopefully has been made, has a chance.
However, the skipper risks other consequences that may be far more severe. For example, an insurer can argue negligent behaviour if the lack of a recommended item of equipment leads to damage.
Compulsory equipment:Is Solas the gold standard?
In 2002, the minimum standard for navigational equipment on large pleasure craft established by the International Maritime Organisation in the Safety of Life at Sea (Solas) Convention, Chapter V, Rule 19, caused a stir when it was introduced as mandatory for privately used pleasure craft.
The list includes nautical charts, a GPS receiver and a radar reflector. However, the magnetic compass including deviation table and direction finder were also made mandatory. On boats built before 2002, the regulation is also fulfilled if only the items of the Solas version valid until then are on board - nautical charts, logbook, magnetic compass and direction finder.
However, there is no penalty for violating the Solas regulations. Rule 19 is not subject to fines under German law - fines are not provided for yachts for purely private use. The situation is different, as mentioned above, if the offence, i.e. because one of the listed items is missing, creates a specific risk situation.
Which documents should be sent after the "Compulsory equipment" be on board?
Various documents are also part of the mandatory equipment. In addition to the official driving licence, as required for the respective boat and sailing area, proof of ownership must also be carried. Owners of privately used yachts are free to decide in what form. The easiest way is to present a copy of the purchase contract together with an identity card or passport. This also shows the nationality of the owner, which is generally used to determine the flag for private yachts.
Foreign authorities are often satisfied with the club's licence or the international boating licence for pleasure craft issued by the DSV, motor yacht association or ADAC. The boat licence must be renewed every two years for a fee.
The BSH flag certificate indicates the authorisation to fly the federal flag, but not the ownership of the ship. This is expressly required in France. If you are travelling abroad, you must also carry proof of boat liability insurance, identity papers and, as a precaution, border permits for leaving the Federal Republic of Germany outside the official border crossing points. Further requirements may apply.
If a marine radio station is operated, the frequency allocation certificate must be on board. Since the Ship Safety Act (SchSG) has included the obligation to keep a logbook, this piece of equipment is also mandatory - including its use, for which there are no further regulations apart from formal requirements.
What is Marpol?
On some waters, such as the Baltic Sea, yachts must be equipped with a holding tank if they have a toilet. Violations are subject to a fine. Boats built before 1980 or if they were built between 1980 and 2003 but are shorter than 10.50 metres and narrower than 3.80 metres are exempt.
After the International Convention for the Prevention of Marine Pollution (Marpol) led to the Helsinki Convention (Helcom) on enhanced protection of the Baltic Sea, this faecal tank requirement was introduced in Germany by ordinance. Yachts larger than 12 metres must also display a bilingual sign. This prohibits the disposal of waste outboard.
What applies to commercial use with regard to the equipment requirement?
If yachts are chartered out or used for training in return for payment, further obligations apply in addition to these, as they are then subject to the Ship Safety Ordinance (SchSV) and the SeeSpbV. The Solas transpose these regulations into German law. Compliance with the equipment catalogue from the See-Sportbootverordnung is therefore mandatory for commercial use.
Compliance is strictly checked by the WSA when issuing the boat certificate - every two years. The certificate, which is subject to a fee, is mandatory and has nothing to do with the voluntary certificates of ownership issued by the associations. If the yacht is operated without the certificate, the operator is even liable to prosecution.
If something is missing from the list from the SeeSpbV on the commercially used yacht, this is an administrative offence, even if it does not create a hazardous situation. The operator, not the skipper, is liable for such offences in administrative offence proceedings. From a length of 12 metres, the charter yacht must be equipped with a DSC-capable marine radio station. If this is missing, you will be asked to pay.
And finally, regardless of the size, the drinking water on board must be checked by the health authorities.
Minimum equipment for "large pleasure craft" in accordance with the Sea Pleasure Craft Ordinance
Mandatory accessories for commercial use - a helpful benchmark for private yachts:
- Position lanterns
- Anchor lantern, anchor ball
- Cone, foghorn
- Fire extinguisher with 2 kg powder
- Log
- Compass, hand bearing compass
- Radar reflector, binoculars
- Hand lamp with morse key
- up to 6 pers. 1 lifebuoy
- from 6 pers. 2 lifebuoys
- 1 lifejacket per person
- 1 Lifebelt and -line per person
- Life raft/s depending on pers.
- 4 Parachute signals red
- 4 hand torches red
- 2 Smoke signals orange
- Flags "N", "C", collar
- First aid kit
- 1st and 2nd anchor (according to GL)
- Towing hawser (5x CWL)
- Boat hook, throwing line
- 4 fenders, 4 mooring lines
- Cooker
- Handheld or echo sounder
- Radio or NAVTEX
- Logbook
- Sea charts, sea manual
- Beacon directory
- Navigation aids
- Bow and stern pulpit, railing
- Outboard staircase
- Toilet, bunks
- Water tank, fuel tanks with shut-off valve
- Holding tank/treatment system
- Drift anchor
- Tools, spare parts
- Leak sealing material
- Fire extinguishing system in the engine compartment of motorboats
- Storm jib/trysail
- Reefing gear
- Wire cutters/bolt cutters, hatchet
Additionally for pleasure craft with a length of more than 12 metres:
- Traffic disturbance lanterns, balls
- Type-tested sound signalling system
- Bell, 20 cm diameter
- DSC-capable marine radio station
- Navigation system (GPS)
- Secondary fire extinguisher à 2 kg
The info sources for skippers
What does and does not belong on board according to the undefined legal concept of seamanship is a matter of interpretation for privately used sailing yachts and varies depending on the sailing area, ship and crew. The list in the See-Sportbootverordnung (See above), which is even binding for commercially used yachts, provides some guidance. Further suggestions can be found in various publications.
