In the current issue, YACHT reports on the results of its research into a fatal accident on a training cruise near Fehmarn. In this context, a dubious examination practice came to light: Apparently, recreational boating licences have been issued without the required certificates of proficiency. The German Sailing Association has now suspended the people involved in the case for the time being, and the "responsible technical and legal supervisory authority" (DSV) is investigating the matter.
Following the YACHT report, several witnesses contacted the editorial team and provided further examples, from which it can be concluded that such inspections are by no means isolated cases, contrary to the regulations. "Apparently, such practices are quite common in some places," wrote YACHT in issue 21/2012, and this seems to be confirmed by the new statements.
One reader enquired with concern as to how the question of liability is regulated if an untested licence holder later causes damage. According to YACHT legal expert Dr Heyko Wychodil, they are not at fault if they started out in good faith to obtain their licence, even if the examination was not carried out correctly in the end. In this case, no claims for damages can be expected. However, it is different if the candidates deliberately sought loopholes in the system in order to circumvent training and examination content. "But then we're not just talking about liability issues," says Wychodil, "that could also be relevant under criminal law."
