No CE plate/RCD on a boat built after 1998.

[Momac]

A theoretical question .

A recreational boat was professionally built in the UK in 2003. Not a self build but ordered by a private individual. Original bill of sale proves date the boat was first sold as new.
It never had a HIN or CE plate nor any other certification under the recreational craft directive.
The boat was sold to the present owner after it was 5 years old.

Is the use of this boat , in the UK or in the EU , in any way illegal?

 

[[2068]]

"A craft is exempted from the RCD if is one of the following:
...
...watercraft built for own use, provided it is not subsequently placed on the Community market during a period of five years" i.e. he has built it himself. If "professionally built" this would not apply, unless he was the professional doing the build.

Or if it's a historical replica of something that was first built before 1950, that would be exempt.

There are various other exemptions, e.g. surfboards, but otherwise, selling such a craft will be a problem.

More details from the RYA:
http://www.rya.org.uk/SiteCollectionDocuments/technical/Web Documents/Appendix 2 Exclusion (3).pdf

 

[Momac]

The boat was not exempt from the RCD when new . It is quite clear to me the boat should have been certified when new under the RCD and should have a CE plate and HIN number etc. However it seems the original owner was unconcerned and clearly the boat builder was equally unconcerned. I believe the boat builder did break the law by selling the boat when new without the RCD , CE plate and HIN. The original owner probably broke the law by using the boat without it having a CE plate etc. However I am not interested in whether the boat builder was at fault .

My question is not about any legal case.

The boat was professionally built in 2003 by a company on behalf of the person who became the first owner.
The current owner bought the boat after it was 5 years old. Now the boat is 14 years old.

I find the RYA and other guidance does not explain this situation. Is the use of the now 14 year old boat by the current owner in any way illegal?

 

[Tranona]

The boat was not exempt from the RCD when new . It is quite clear to me the boat should have been certified when new under the RCD and should have a CE plate and HIN number etc. However it seems the original owner was unconcerned and clearly the boat builder was equally unconcerned. I believe the boat builder did break the law by selling the boat when new without the RCD , CE plate and HIN. The original owner probably broke the law by using the boat without it having a CE plate etc. However I am not interested in whether the boat builder was at fault .

My question is not about any legal case.

The boat was professionally built in 2003 by a company on behalf of the person who became the first owner.
The current owner bought the boat after it was 5 years old. Now the boat is 14 years old.

I find the RYA and other guidance does not explain this situation. Is the use of the now 14 year old boat by the current owner in any way illegal?

The offence was committed by the original builder. CE is Trading Standards legislation, but there is no offence that can be committed under it by a consumer.

The only risk is that TS could bring a case against the offender and seize the boat. However the are not renowned for showing any interest in this sort of thing - they have more on their plates keeping an eye on goods being imported without compliance than worrying about something that might have happened 14 years ago about which they know nothing!

 

[[2068]]

Is the use of the now 14 year old boat by the current owner in any way illegal?

My understanding is that the answer is "No", but there could be problems when it comes to selling the boat.

 

[piston]

Is the boat a "one off", or from a series of boats?

 

[Momac]

I believe the boat in question to be a one off. is that significant compared to a boat that is part of a series?

 

[Tranona]

I believe the boat in question to be a one off. is that significant compared to a boat that is part of a series?

No, not particularly, but if it is of a design that has been classified under the RCD then it may be easier to get it through - assuming it does meet the equipment requirements. Often the biggest barrier to certification is doing the actual calculations for stability. For example many US sports boats are sold in europe CE marked and it is often relatively easy to modify a US spec example to meet the standard. However the more complicated a boat gets the more challenging it can be.

A one off by definition will need to go through the whole process and certification will be unique to the boat. The possible danger with the boat in the original question is that it may not meet the RCD standards in crucial areas like design stability or hull construction or safety features, but you have no way of telling.

 

[Momac]

The present owner is unconcerned and as far as I know has no intention of obtaining RCD approval retrospectively.

 

[Boat2016]

What if original owner bought hull and fitted out by arranging different professionals himself for different stages, would that not pass as a self build ? He could then possibly be ok as long as he sold after 5 years ? If a one off then could be very difficult to prove it wasn't built by the first owner.

 

[piston]

What if original owner bought hull and fitted out by arranging different professionals himself for different stages, would that not pass as a self build ? He could then possibly be ok as long as he sold after 5 years ? If a one off then could be very difficult to prove it wasn't built by the first owner.

I wouldn't have thought that would make it a homebuild. The hull and deck would have had to have been moulded to CE standard, then any work done would also need to conform.