Importing boats from the US - beware!

Solitaire

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I have posted this on mobo chat, but I thought it may also be relevant here as well.

Much has been posted on the forum with regard to importing power boats from the Unites States due to the favourable exchange rate and the initial cost of boats in the US. However all should be aware of the pitfalls.
I like I think a lot of others, was under the impression that any boats maufactured prior to 16th June 1998 were exempt from having to comply with the CE regulations. Today I had that myth blown clean out of the water.

The Recreational Craft Regualtions 1996 RCD states the following:

As a general rule most boats built after 1998 should be CE market. There are numerous exemptions to this rule, all of which require some evidnece that the exemption applies for the craft to be legally used or SOLD within the Eurpopean Economic Area (EEA).

Compliant craft will have a CE mark, builder plate, Hull Indentification Number (HIN) and a declaration of conformitity in the owners manual. The exsitence of which can be easily ckecked.

Used craft of non-EAA origin will need evidence of use in EAA waters PRIOR to JUNE 1998.

Home built craft or home completed craft if sold within 5 years after first use must comply fully with the RCD

There is no exemption for importing and using a boat from outside the EAA for private/personal use

A CE market craft that has been substantially modified such that it alters any of its characteristics will be reagarded as a new boat and should be re certificated.

A non compliant craft NEVER gains legality through the passing of time. Actio may be taken by any EAA country to remove it from the market, on discovery of the non compliance.

The panalties are harsh! For the person responsible for FIRST placing the craft on the market or taking it into service the maximum penalty is a 3 month imprisonment or a £5000 fine. This applies equally to private individuals and those in business Although a prosecution must be brought within one year of the date of the offence, there are other processes which can be invoked on teh discovery of a non compliant or falsley CE market craft. These regulations give Trading Standards Offices, and any other authorised person in the EAA, wide powers to suspend, seize and apply for forfeiture of recreational craft found to be non-compliant in order to take them off the market. Trading Standards Officers also have the powers to enter premises, examine paperwork and goods to check that recreational craft comply with the regulations
These powers can be exercised whether or not an individual is prosecuted.

The implications of the above are significan if you bought a boat via a grey market route. Particularly if you want to sell such a craft on. Food for thought here!

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