French safety regulations

[Roberto]

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So as I said at first, the french law applies to any boat the douainiers applies it to.

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I understand French Douanes have (like most other Customs dept in the world) very ample powers so once they suspect something the demarkation line becomes thin... however, statistics show that thorough controls almost always led to arrest drug smugglers and the like, whatever flag they flew, whereas normal checks of foreign flag vessels never insisted on flares or the like

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[Drascomber]

The PBO article (I think it was PBO) on the subject says that a state has the right to enforce its regs in its territorial waters but by "Comity" will not normally interfere with a foriegn flagged yacht.

The same article points out the importance of having the ships papers in order.

 

[Tranona]

Not sure it was PBO - the last fullish article in the mags was in YM about 7 or 8 years ago. The RYA briefing article I referred to is the most recent. Yes, "comity" is the legal concept that applies. The other term is "innocent passage" which is in the UN document and refers to the equivalent of passing through territorial waters in normal course of business - for example to enter a port or go from one international water to another. In practice, and particularly within the EU, coastal states allow far more than that, such as anchoring, transiting between ports within the state, keeping a boat on a permanent basis within the state without registering it in that state, and so on. However, the boat may still be subject to other local requirements such as taxes (as in Spain) if it falls into a specific category, or the owner does; or be required to carry a cruising log as in Greece.

 

[jimbaerselman]

To be accurate in this discussion, a state you are visiting is entitled to classify what you might consider 'innocent passage' as something different if you are aiming to cruise from place to place in their waters. Usually they don't (comity). But more and more often certain states (Spain especially) has been defining boats staying form moore than 6 months in their waters as coming under the heading of 'movable assets', which include cars, caravans and trailer boats. These have to be re-registered in Spain if they wish to stay . . .

In practice, there is no documentation to tell the authorities what's going on, so they don't usually make an issue of it. But if you live in Spain, or have a house there, or are seen to be working there, they are likely to reverse the onus of proof and ask you to show that you/the boat have not been in Spain for more than 183 days in a calendar/tax year (I don't know which for Spain).

Similar issues have arisen in France for British flag vessels, but not for Belgians and Dutch, who are within the Schengen area.

France also has independent laws concerning flares - you are not permitted to carry out of date ones - whatever your flag! And there are numerous similar traps for the unwary in many countries, and they'll vary from department to department, and official to official.

So, relax, this is all part of life's rich tapestry!

 

[wotayottie]

there is a difference between legal theory and practical reality.

 

[Tranona]

Pray tell, in what way?

 

[Drascomber]

Found it. It wasn't PBO. It was the Autumn 2008 RYA magazine. A helpful article called "You and your boat abroad"