New boat and buyer advice

Fr J Hackett

Well-known member
Joined
26 Dec 2001
Messages
66,296
Location
Saou
Visit site
These irrelevant unsupported examples/ fairy stories are twaddle. I've read the whole Act, and quoted the relevant parts. You don't seem able to do that, is that correct?
The only way you are going to be able to satisfy your interpretations is to buy a reasonably expensive import and notify the relevant authorities and see what they say. It might and I think would be an expensive and disappointing experience for you. I could suggest some yachts if you like. 😁
 

Tranona

Well-known member
Joined
10 Nov 2007
Messages
42,153
Visit site
Really, then please indicate which part of the RCD your broker quoted to you, or did you just believe him? Act and section please, no fairy stories....hard facts only.
I don't know why you continue referring to the RCD. That is not legislation, just the standard,

The broker was stating the facts. The boat was built in the US to EU RCD standards at the time BUT and this is a crucial BUT it was not CE marked - that is certificated by a recognised body such as HPI. To be imported into the EU as it then was or into the UK now it would require a PCA from HPI who would then issue a Certificate of Conformity. It may well be that there was sufficient documentation to support compliance and nothing had been changed, for example equipment added that was not CE marked in which case it would have been a mainly paper exercise costing a couple of £K. However from memory that boat was pre 2017 and its engine did not meet EU standards. As an aside in the Cunliffe article he made the point that what made his import of a US boat viable was that it had just had a EU compliant engine fitted and the designer supplied all the stability and other design data that showed it met the standards. This was his second experience of privately importing a boat from N America having had a boat built in Canada to RCD and later imported and certified in the UK.
 

nevis768

Active member
Joined
18 Jul 2023
Messages
226
Visit site
It's 2 years ago and it was a reputable broker that earns their living from selling boats and representing both seller and purchaser and understand the legislation that surrounds it. I chose to believe them and still do rather than someone that simply wants to believe what they choose to.
But you can't provide any evidence....
 

Tranona

Well-known member
Joined
10 Nov 2007
Messages
42,153
Visit site
The RCD 2017 came in on 2017, why are you saying it started in 1998? These irrelevant unsupported examples/ fairy stories are twaddle. I've read the whole Act, and quoted the relevant parts. You don't seem able to do that, is that correct? Just quote the part of the legislation which supports what you say, Act and section. That's what I have done. Further lousy HRMC are one of the authorities, they are not, it is nothing to do with them, it's trading standards.
RCD is NOT legislation. Yes the RCD has been in place since 1998 in 3 versions. The original a minor revision in 2013 mainly to do with engines and a substantial revision in 2017 which is current and is used as the basis for UKCA.

You are making the fatal error of confusing the standard for the legislation on import of goods into the UK which is unchanged and ALL boats being imported into the UK for the first time must be certified. As I have said over and over again, the uncertainty is whether pre 2017 CE marked boat will require recertification and the feeling in the lack of any clear guidance is that they will - exactly the concern raised by those charged with complying with the law such as the broker I linked to.

There is not a lot of point in continuing this unless you can show any official statement about how the standards will apply to older boats. The need to meet standards in some way is not in doubt.
 

nevis768

Active member
Joined
18 Jul 2023
Messages
226
Visit site
I don't know why you continue referring to the RCD. That is not legislation, just the standard,

The broker was stating the facts. The boat was built in the US to EU RCD standards at the time BUT and this is a crucial BUT it was not CE marked - that is certificated by a recognised body such as HPI. To be imported into the EU as it then was or into the UK now it would require a PCA from HPI who would then issue a Certificate of Conformity. It may well be that there was sufficient documentation to support compliance and nothing had been changed, for example equipment added that was not CE marked in which case it would have been a mainly paper exercise costing a couple of £K. However from memory that boat was pre 2017 and its engine did not meet EU standards. As an aside in the Cunliffe article he made the point that what made his import of a US boat viable was that it had just had a EU compliant engine fitted and the designer supplied all the stability and other design data that showed it met the standards. This was his second experience of privately importing a boat from N America having had a boat built in Canada to RCD and later imported and certified in the UK.
I'm afraid that you are completely clueless,it is legislation, it is an Act which came into force in 2017, here is a lift from the beginning, you can see it's legislation, or are you disputing this now?

What do you think I have been quoting?Here's a link https://www.legislation.gov.uk/uksi/2017/737/pdfs/uksi_20170737_en.pdf

I'm amazed you are arguing about something by your admission you didn't know existed.


CONSUMER PROTECTION
The Recreational Craft Regulations 2017
page1image2291784816
Made - - - - Laid before Parliament
11th July 2017
12th July 2017 3rd August 2017
Coming into force -
  1. Citation and commencement
  2. Interpretation
  3. Scope
  4. Exclusions
  5. Exhibition at trade fairs
-
CONTENTS
PART 1 GENERAL
 

Tranona

Well-known member
Joined
10 Nov 2007
Messages
42,153
Visit site
But you can't provide any evidence....
Do you see some conspiracy to construct a false scenario?

I have been around this ever since it started in some form or other and you are the first person who I have heard claiming that the law does not apply to private imports. Plenty of arguments about whether it is fair or just or (as in post#30) whether it matters and who cares, or who is going to find out, but never anybody like you who claims the law does not apply. There are no doubt many boats in the UK that are here without complying with the law on import - I know personally of 2 uncertified boats).
 

Tranona

Well-known member
Joined
10 Nov 2007
Messages
42,153
Visit site
I'm afraid that you are completely clueless,it is legislation, it is an Act which came into force in 2017, here is a lift from the beginning, you can see it's legislation, or are you disputing this now?

What do you think I have been quoting?Here's a link https://www.legislation.gov.uk/uksi/2017/737/pdfs/uksi_20170737_en.pdf

I'm amazed you are arguing about something by your admission you didn't know existed.


CONSUMER PROTECTION
The Recreational Craft Regulations 2017
View attachment 179932
Made - - - - Laid before Parliament
11th July 2017
12th July 2017 3rd August 2017
Coming into force -
  1. Citation and commencement
  2. Interpretation
  3. Scope
  4. Exclusions
  5. Exhibition at trade fairs
-
CONTENTS
PART 1 GENERAL
All that is doing is bringing in the latest standard to comply with the EU directive. It does not change the requirement for all imports of boats to be CE marked. At the time it was largely irrelevant from a private import because we were in the EU. As I related elsewhere boats from outside the EU privately imported needed to be CE marked. Do you think Fr Hackett is lying about his experience which is only 2 years old? or that Cunliffe made it all up so he could write a magazine article?

I really am at a loss to understand your claims that this act (which is no different from any other bringing in new standards) changes anything.
 

nevis768

Active member
Joined
18 Jul 2023
Messages
226
Visit site
All that is doing is bringing in the latest standard to comply with the EU directive. It does not change the requirement for all imports of boats to be CE marked. At the time it was largely irrelevant from a private import because we were in the EU. As I related elsewhere boats from outside the EU privately imported needed to be CE marked. Do you think Fr Hackett is lying about his experience which is only 2 years old? or that Cunliffe made it all up so he could write a magazine article?

I really am at a loss to understand your claims that this act (which is no different from any other bringing in new standards) changes anything.
You have completely changed what you were saying before, which was that people buying boats from the EU needed to have them comply with the RCD 2017, and have them certified, which as I have shown is nonsense.
It doesn't apply to people buying secondhand boats, it applies to importers or manufacturers, only.
This what you said in your first post :

The fact remains that when a boat enters the UK for the first time by a resident for use in the UK it has to be declared, VAT paid and shown to meet the requirements of the UKCA. For post 2017 boats with a Certificate of Conformity this is straightforward. For boats with a CE mark from 1997-2017 it is unclear whether or to what extent recertification will be required. For pre 1997 boats or boats that were not CE marked (for example from the US) a PCA will be required. It is unlikely that such boats would meet the 2017 RCD/UKCA standards.

Your first sentence in bold is patent nonsense, there is nothing in the 2017 Act, (which you didn't even know was an Act), which requires UKCA marking for people buying secondhand boats. (This is because they all have CE markings or the forerunner.) If there is, then post the legislation. I have asked you to post your evidence repeatedly, you haven't, so I can only conclude you don't have any.
As far as you saying you have been around this since it started, how come you didn't even know it was an Act of parliament and denied it was legislation in your post above?
 
Last edited:

Baggywrinkle

Well-known member
Joined
6 Mar 2010
Messages
9,972
Location
Ammersee, Bavaria / Adriatic & Free to roam Europe
Visit site
British Marine and the RYA have now received further information from both the EU Commission and the UK Department for Business, Energy and Industrial Strategy (BEIS) on the trade of pre-owned CE marked recreational craft between the UK and EU following the UK’s exit from the European Union.

Both the UK and EU have confirmed that any vessel being traded second-hand between the UK and EU will be required to meet the obligations set out in either the Recreational Craft Directive (RCD) in the EU or the Recreational Craft Regulations (RCR) in the UK when placed on either market after the 1 January 2021.

Therefore, this means that a pre-owned vessel being imported from the EU to be placed on the UK market will, after 1 January 2022, be required to obtain a new UK Conformity Assessed (UKCA) mark in line with the requirements of the RCR. In order to obtain a UKCA mark, a boat will require a Post Construction Assessment and third-party verification.

https://www.rya.org.uk/news/rya-and...tial-new-costs-of-trading-second-hand-vessels

... @nevis768 .. seems pretty clear to me, but of course UK Department for Business, Energy and Industrial Strategy (BEIS) could be lying I suppose. You could argue it is for private use I suppose, but you would be unable to put it on the market without the certification, a boat for life - or pass the problem onto your heirs.

My experience of this is that when you bring the boat to the EU and contact customs for your VAT payment and import duty, then the compliance is also be checked at the same time - I have no reason to believe the UK is different.

It was checked for my boat when it was imported to the EU after being VAT free on temporary admission for a number of years, but it had the EC-Type Examination Certificate as it was built in the EU, so only paid VAT and import duty, no re-certification was required.

UK now has it's own equivalent certification, how you produce the UK certification without paying for it is unclear, but you need it. Maybe get an EC one converted or accepted? I guess you could tell them to stick it and you're bringing it in anyway.

For reference I'm talking about this ...

1720971993603.png
... normally a page in the owners handbook. There are numerous threads on YBW where people are struggling with the absence of certification for imports, mostly from the US, and the EU is effectively the same rules as the US post B-Day. Asking for the certificate when buying a second-hand boat is a good way to price chip if the boat is old and the owner doesn't have the documentation (y) .

If you still don't believe getting certified is necessary then better tell @Elessar as he spent £600 on Type C certification in order to import a boat in 2009 - this is a very old and worn out subject.

CE mark and importing a boat
 

nevis768

Active member
Joined
18 Jul 2023
Messages
226
Visit site
https://www.rya.org.uk/news/rya-and...tial-new-costs-of-trading-second-hand-vessels

... @nevis768 .. seems pretty clear to me, but of course UK Department for Business, Energy and Industrial Strategy (BEIS) could be lying I suppose. You could argue it is for private use I suppose, but you would be unable to put it on the market without the certification, a boat for life - or pass the problem onto your heirs.

My experience of this is that when you bring the boat to the EU and contact customs for your VAT payment and import duty, then the compliance is also be checked at the same time - I have no reason to believe the UK is different.

It was checked for my boat when it was imported to the EU after being VAT free on temporary admission for a number of years, but it had the EC-Type Examination Certificate as it was built in the EU, so only paid VAT and import duty, no re-certification was required.

UK now has it's own equivalent certification, how you produce the UK certification without paying for it is unclear, but you need it. Maybe get an EC one converted or accepted? I guess you could tell them to stick it and you're bringing it in anyway.

For reference I'm talking about this ...

View attachment 179961
... normally a page in the owners handbook. There are numerous threads on YBW where people are struggling with the absence of certification for imports, mostly from the US, and the EU is effectively the same rules as the US post B-Day. Asking for the certificate when buying a second-hand boat is a good way to price chip if the boat is old and the owner doesn't have the documentation (y) .

If you still don't believe getting certified is necessary then better tell @Elessar as he spent £600 on Type C certification in order to import a boat in 2009 - this is a very old and worn out subject.

CE mark and importing a boat
What has 2009 legislation got to do with an Act that came into force in 2017? Absolutely nothing. See your link above explicitly refers to boats being brought here to be sold, (placed on the market-importing for sale in other words) which is not the scenario we are discussing. I suggest you read things more carefully and not post more baloney on this subject.
I know boats from the EU have a CE mark, what exactly is your point in this debate? My point is, that if you want to enforce something you need to be able to tell the person which Act and section you are enforcing, so which Act and section requires a private person bringing a second hand boat to this country for his own use to have a UK certification? It's not in the RCD 2017 because the definitions of Manufacturer, Importer, and Private Importer don't apply. Further the footnote 2 in the Act states that nothing is required until 2024.
As i pointed out before if I bring a bottle of wine back here from France, I may have imported it but I'm not subject to the same law as a wine importer. Get a grip man!
 

Tranona

Well-known member
Joined
10 Nov 2007
Messages
42,153
Visit site
What has 2009 legislation got to do with an Act that came into force in 2017? Absolutely nothing. See your link above explicitly refers to boats being brought here to be sold, (placed on the market-importing for sale in other words) which is not the scenario we are discussing. I suggest you read things more carefully and not post more baloney on this subject.
I know boats from the EU have a CE mark, what exactly is your point in this debate? My point is, that if you want to enforce something you need to be able to tell the person which Act and section you are enforcing, so which Act and section requires a private person bringing a second hand boat to this country for his own use to have a UK certification? It's not in the RCD 2017 because the definitions of Manufacturer, Importer, and Private Importer don't apply. Further the footnote 2 in the Act states that nothing is required until 2024.
As i pointed out before if I bring a bottle of wine back here from France, I may have imported it but I'm not subject to the same law as a wine importer. Get a grip man!
You really have not got a clue. A boat being placed on the market because it CAN BE SOLD by the private importer. The act you refer to is as I have said many times just brings in the new standard.

The current situation arises as a consequence of Brexit and the decision to create our own standards. Like many things to do with Brexit the impact of that on the import of used boats within current legislation was either not considered not thought through - hence the RYA concerns linked to and that from the broker. They are not vested interests in the way you thing. They have to deal with badly thought through and implemented rules. The effect of Brexit was to put the EU in the same situation as the rest of the world with regard to imports. When we were in the EU there was no issue because boats could move freely in the single market and common regulatory regime. Now they are not common. So just as before Brexit boats from the US required certification so do boats from the EU. That is a fact - and the only issue is what specific certification is required. In the absence of any formal change this means that boats have to meet the latest standards. There is nothing to stop government from changing this and creating a different set of rules - but it has not, nor is it likely to.

So if you want to know how it works read Cunliffe's detailed account of how he did it. Essentially you declare the boat as normal, contact Trading Standards with your proposals as to how you will meet the standards - most likely like Tom you will have done this before you even bought the boat and agree a time scale for carrying out the work and submitting the paperwork.

BTW you will find it is no different for other types of products such as cars and aircraft that have to meet our standards. Indeed if you look at cars you will find a bespoke set of rules for compliance of imported cars. The difficulty with boats is that the number of boats/people affected is tiny because in most cases it is uneconomic to import used boats, hence the lack of clarity as to how Trading Standards will deal with non current CE marked boats.

Surely you know that personal imports of wine have their own bespoke rules that are indeed different from an importers and exempt you from duty so you are further demonstrating your ignorance by trying to use this as an example.
 

nevis768

Active member
Joined
18 Jul 2023
Messages
226
Visit site
You really have not got a clue. A boat being placed on the market because it CAN BE SOLD by the private importer. The act you refer to is as I have said many times just brings in the new standard.

The current situation arises as a consequence of Brexit and the decision to create our own standards. Like many things to do with Brexit the impact of that on the import of used boats within current legislation was either not considered not thought through - hence the RYA concerns linked to and that from the broker. They are not vested interests in the way you thing. They have to deal with badly thought through and implemented rules. The effect of Brexit was to put the EU in the same situation as the rest of the world with regard to imports. When we were in the EU there was no issue because boats could move freely in the single market and common regulatory regime. Now they are not common. So just as before Brexit boats from the US required certification so do boats from the EU. That is a fact - and the only issue is what specific certification is required. In the absence of any formal change this means that boats have to meet the latest standards. There is nothing to stop government from changing this and creating a different set of rules - but it has not, nor is it likely to.

So if you want to know how it works read Cunliffe's detailed account of how he did it. Essentially you declare the boat as normal, contact Trading Standards with your proposals as to how you will meet the standards - most likely like Tom you will have done this before you even bought the boat and agree a time scale for carrying out the work and submitting the paperwork.

BTW you will find it is no different for other types of products such as cars and aircraft that have to meet our standards. Indeed if you look at cars you will find a bespoke set of rules for compliance of imported cars. The difficulty with boats is that the number of boats/people affected is tiny because in most cases it is uneconomic to import used boats, hence the lack of clarity as to how Trading Standards will deal with non current CE marked boats.

Surely you know that personal imports of wine have their own bespoke rules that are indeed different from an importers and exempt you from duty so you are further demonstrating your ignorance by trying to use this as an example.
The above is complete baloney, what is the Act and section requiring a private individual to have UK certification carried out on second hand boat brought to the UK for his own use? What offence would an individual commit if he did this and didn't have a certification?
 

Baggywrinkle

Well-known member
Joined
6 Mar 2010
Messages
9,972
Location
Ammersee, Bavaria / Adriatic & Free to roam Europe
Visit site
What has 2009 legislation got to do with an Act that came into force in 2017? Absolutely nothing. See your link above explicitly refers to boats being brought here to be sold, (placed on the market-importing for sale in other words) which is not the scenario we are discussing. I suggest you read things more carefully and not post more baloney on this subject.
I know boats from the EU have a CE mark, what exactly is your point in this debate? My point is, that if you want to enforce something you need to be able to tell the person which Act and section you are enforcing, so which Act and section requires a private person bringing a second hand boat to this country for his own use to have a UK certification? It's not in the RCD 2017 because the definitions of Manufacturer, Importer, and Private Importer don't apply. Further the footnote 2 in the Act states that nothing is required until 2024.
As i pointed out before if I bring a bottle of wine back here from France, I may have imported it but I'm not subject to the same law as a wine importer. Get a grip man!

As @Tranona has repeatedly told you, there is the standard which is now a UK standard and there is the requirement to comply. The requirement to comply has always been there, even back in 2009, the standard to comply with has been changed in 2017.

8. Obligations of private importers​

A private importer is any natural or legal person (e.g. a company) established in the UK who imports in the course of a non-commercial activity a product from a country outside the UK with the intention of putting it into service for their own use.

The obligations of private importers include:

  • If a private importer imports a product that has not previously been placed on the GB market, where the manufacturer has not carried out the relevant conformity assessment procedure, the private importer will have to carry out a post construction assessment to demonstrate conformity with the Regulations, as set out in Schedule 5.
  • The private importer must ensure before putting recreational craft into service that it has been designed and manufactured in accordance with the essential requirements.
  • The private importer must ensure that the obligations for manufacturer covering technical documentation; declaration of conformity; relevant marking; instructions and safety information; provision of information and cooperation have been met or carried out.
  • Where technical documentation is not available from the manufacturer, the private importer must have this drawn up using the appropriate expertise.
  • The private importer must ensure that the name and postal address of the approved body that carried out the relevant conformity assessment procedure in relation to the product is marked on the craft.

Recreational Craft Regulations 2017: Great Britain

Do you really think someone like Tom Cunliffe with his years of experience in the marine industry went through the process of getting his boat certified for the fun of it? Or that anyone who has gone to the effort of doing this privately did it for fun?
 

nevis768

Active member
Joined
18 Jul 2023
Messages
226
Visit site
As @Tranona has repeatedly told you, there is the standard which is now a UK standard and there is the requirement to comply. The requirement to comply has always been there, even back in 2009, the standard to comply with has been changed in 2017.



Recreational Craft Regulations 2017: Great Britain

Do you really think someone like Tom Cunliffe with his years of experience in the marine industry went through the process of getting his boat certified for the fun of it? Or that anyone who has gone to the effort of doing this privately did it for fun?
Have you not read anything in the Act or the thread above, definition of Private Importer again :

The Act defines Private Importers,

“private importer” means a person established within the EU who imports in the course of a non-commercial activity a watercraft from a third country into the EU with the intention of putting it into service for that person’s own use;

Therefore, since Brexit this no longer applies to Brits, we aren't in the EU.

Also, putting into service above is defined,
“putting into service” means the first use of a product in the EU market by its end-user and related expressions are to be construed accordingly;

This is relevant to private importer above, so buying a second hand boat does NOT fit the definition in the Act for 'putting into service' and also we aren't in the EU. So nothing in this Act applies or even mentions anybody going abroad and buying a second hand boat. Such a person does not fit the definition of Importer or private importer, nor are they putting what they buy into service as per the RCD, and the intention of the Act was never to target such individuals anyway.
To be quite honest, having researched it all, to say people buying second hand boats for their own use in France or anywhere in Europe need RCD assessment when they come back is such a load of absolute twaddle. There is not one definition in the Act to cover such a person or practice.

Writing comments in big bold writing doesn't make them right. Please reference the bits of the Act which apply, you will find list of definitions of the terms at the beginning, these legal definitions are all that count, your opinions are irrelevant.
 
Last edited:

Baggywrinkle

Well-known member
Joined
6 Mar 2010
Messages
9,972
Location
Ammersee, Bavaria / Adriatic & Free to roam Europe
Visit site
@nevis768 - I think you missed the fact that everything in my last post was from the UK Government WebSite and specifically applies to UK legislation. It is not EU legislation although to all intents and purposes they have not diverged yet. What has changed is the standard to which goods need to be certified. All the obligations for compliance remain as they always did. The clue that it was not EU was in the link name "Recreational Craft Regulations 2017: Great Britain"
The link I posted leads to the U.K. Government web site providing UK statutory guidance for the Recreational Craft Regulations 2017: Great Britain, which was updated on 7 November 2023.

So current UK (not EU) law and guidance.

The relevent text refers to obligations of private importers in the UK and stated ... (bold is the part relevent to private, non-commercial activity)

A private importer is any natural or legal person (e.g. a company) who imports in the course of a non-commercial activity a product from a country outside the UK with the intention of putting it into service for their own use.

Recreational Craft Regulations 2017: Great Britain - UK Gov Website

Go through that sentence word for word ...

"natural person" .... an individual, "import" is to bring a product into the UK from another country - it is not "put on the market" or "put into service", "non-commercial activity" ... not for profit or as part of a business, "putting into service" ... means, as you said first use by the end user - which in this case first use in the UK is the private importer using the boat, because that is what the last part of the sentence refers to - "with the intention of putting it into service for their own use."

So what UK law do these UK Government guidance notes refer to?

"The Recreational Craft Regulations 2017, UK Statutory Instruments 2017 No. 737, PART 2 PRIVATE IMPORTERS AND ECONOMIC OPERATORS, Regulation 36"

Which states ....

36.—(1) If a manufacturer has not complied with the manufacturer’s obligations under this Part, a private importer must ensure, before putting a product into service, that—

(a)the product has been designed and manufactured in accordance with the essential requirements; and

(b)the obligations of the manufacturer under the following regulations have been met or carried out in relation to the product—

(i)regulation 9 (technical documentation and conformity assessment);

(ii)regulation 10 [F1(declaration of conformity and UK marking)];

(iii)regulation 11 (duty of manufacturers to retain technical documentation and F2... declaration of conformity); and

(iv)regulation 22 (instructions and safety information).

(2) A private importer must also carry out or have carried out any obligation to provide information and co-operation imposed on a manufacturer pursuant to regulation 17 (provision of information and co-operation).

(3) Where the technical documentation is not available from the manufacturer, a private importer must have this documentation drawn up using appropriate expertise.

(4) The private importer must ensure that the name and postal address of the [F3approved] body that carried out the relevant conformity assessment procedure in relation to the product under regulation 9(1)(a) is marked on the product.
The Recreational Craft Regulations 2017 - UK Gov Website

So far, no second hand boats in foreign countries comply to the new UK Recreational Craft Regulations 2017 or are marked as such (UKCA), so the onus is on the individual who brings the boat to the UK to ensure the boat complies. The law applies to each individual product imported, not a type of product, so just because a particular model has previously been available in the UK doesn't mean the one currently being imported automatically complies. The most expensive part of compliance is usually the engine as it is unlikely to meet current emissions standards. This is all well known stuff and has been the case for imports to the UK from outside the EU for decades.

Since the UK left the single market, all the EU countries have joined the US, Taiwan, Australia, etc. as being outside the UK customs area - the age-old law on compliance still applies just as it always has, only it's no longer compliance to the EU Recreational Craft Directive, it's the UKs Recreational Craft Regulations 2017.

This is the reason why U.K. surveyors offer Post Construction Assessments, people have been using them for decades to import boats without CE markings, now they will be using them to import boats without UKCA markings.

If what you said was true, then you could circumvent the laws on compliance completely for all imported recreational craft by buying direct from an non-UK manufacturer or supplier in the country of origin and bringing the boat into the UK as an individual for private use. There would be companies offering this service, acting as brokers between individuals and suppliers putting the end-user in contact with the foreign supplier and then arranging import for private use. You have unfortunately not discovered a loophole that avoids compliance of imported second hand boats by individuals for private use.

Regulation 36 is specifically there to stop private individuals using foreign non-compliant recreational craft in the UK, and eventually selling them on to other UK citizens. This is specific to recreational craft because boats are not subject to regular checks like an MOT or an Airworthiness Review Certificate (light aircraft).

Regulation 36 has to exist because the only point in a non-commercial boats life when it is officially checked is when it gets its UKCA marking or its PCA (Post Construction Assessment).
 
Last edited:

doug748

Well-known member
Joined
1 Oct 2002
Messages
13,211
Location
UK. South West.
Visit site
The assertion made in post 31:

- ' that cars etc are subject to similar problems when privately imported '

Is certainly not true. Hundreds of cars and motorbikes are repatriated each year without difficulty. Indeed how could you make a 1925 Norton meet current regulations?

The Cunliffe example is also misleading as that was a new build, where there is some logic to applying current standards .

.
 

Baggywrinkle

Well-known member
Joined
6 Mar 2010
Messages
9,972
Location
Ammersee, Bavaria / Adriatic & Free to roam Europe
Visit site
The assertion made in post 31:

- ' that cars etc are subject to similar problems when privately imported '

Is certainly not true. Hundreds of cars and motorbikes are repatriated each year without difficulty. Indeed how could you make a 1925 Norton meet current regulations?

The Cunliffe example is also misleading as that was a new build, where there is some logic to applying current standards .

.
Importing vehicles into the UK - without vehicle approval or an exemption, you can't register or tax the vehicle.

... and if the boat is new-build or second hand it doesn't make a difference ... what counts is date of first use in the U.K. as that date determines the standards it must comply to.

There are usually exceptions and exemptions for old or historic means of transport - the devil is in the detail as always.
 

doug748

Well-known member
Joined
1 Oct 2002
Messages
13,211
Location
UK. South West.
Visit site
'and if the boat is new-build or second hand it doesn't make a difference ... what counts is date of first use in the U.K. as that date determines the standards it must comply to.'

The DVLA does make a distinction between largely current vehicles and those over 10 years old.

If similar common sense were applied across the board this silly issue would not arise. But there we are with politicians and civil servants.😐

.
 

Fr J Hackett

Well-known member
Joined
26 Dec 2001
Messages
66,296
Location
Saou
Visit site
The assertion made in post 31:

- ' that cars etc are subject to similar problems when privately imported '

Is certainly not true. Hundreds of cars and motorbikes are repatriated each year without difficulty. Indeed how could you make a 1925 Norton meet current regulations?

The Cunliffe example is also misleading as that was a new build, where there is some logic to applying current standards .

.
Cunliffe's Mason 44 was not a new build boat.
 

Baggywrinkle

Well-known member
Joined
6 Mar 2010
Messages
9,972
Location
Ammersee, Bavaria / Adriatic & Free to roam Europe
Visit site

Now I see where the confusion has come from ... your link is out of date and contains copy-paste carry-overs from the old RCD rules.

Your PDF link:

Private importers
36.—(1) If a manufacturer has not complied with the manufacturer’s obligations under this Part,a private importer must ensure, before putting a product into service, that—

(a) the product has been designed and manufactured in accordance with the essential requirements; and
(b) the obligations of the manufacturer under the following regulations have been met or carried out in relation to the product—


(i) regulation 9 (technical documentation and conformity assessment);
(ii) regulation 10 (EU declaration of conformity and CE marking);
(iii) regulation 11 (duty of manufacturers to retain technical documentation and EU declaration of conformity); and
(iv) regulation 22 (instructions and safety information).


(2) A private importer must also carry out or have carried out any obligation to provide information and co-operation imposed on a manufacturer pursuant to regulation 17 (provision of information and co-operation).
(3) Where the technical documentation is not available from the manufacturer, a private importer must have this documentation drawn up using appropriate expertise.
(4) The private importer must ensure that the name and postal address of the notified body that carried out the relevant conformity assessment procedure in relation to the product underregulation 9(1)(a) is marked on the product.

The UK Government website citing the legislation which I was using for reference has fixed those copy/paste errors ..... (F1 and F2 below)

The Recreational Craft Regulations 2017

Private importersE+W+S​

36.—(1) If a manufacturer has not complied with the manufacturer’s obligations under this Part, a private importer must ensure, before putting a product into service, that—

(a)the product has been designed and manufactured in accordance with the essential requirements; and

(b)the obligations of the manufacturer under the following regulations have been met or carried out in relation to the product—

(i)regulation 9 (technical documentation and conformity assessment);

(ii)regulation 10 [F1(declaration of conformity and UK marking)];

(iii)regulation 11 (duty of manufacturers to retain technical documentation and F2... declaration of conformity); and

(iv)regulation 22 (instructions and safety information).

(2) A private importer must also carry out or have carried out any obligation to provide information and co-operation imposed on a manufacturer pursuant to regulation 17 (provision of information and co-operation).

(3) Where the technical documentation is not available from the manufacturer, a private importer must have this documentation drawn up using appropriate expertise.

(4) The private importer must ensure that the name and postal address of the [F3approved] body that carried out the relevant conformity assessment procedure in relation to the product under regulation 9(1)(a) is marked on the product.

.. basically the difference is that all the references to EU RCD (CE) conformity have been removed and replaced with UK RCR (UKCA)

I therefore assume you thought that because your PDF copy of the UK legislation cited EU compliance, you didn't need to re-apply on import to the UK - I can understand that, but they have since fixed it. You now need RCR 2017 compliance and a UKCA mark - which pretty much all CE marked second-hand boats outside the UK currently do not have.
 
Top