RCD: why does it matter?

Koeketiene

Koeketiene

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Once again there's a post on SB regarding importing from the US. Once again, one of the first replies mentioned the RCD minefield.

Got me wondering - why does it matter? What are the concequences of sailing a non-RCD compliant boat?
I've been stopped by officials in France, Belgium, Ireland & Denmark - I've been asked to produce SSR, radio license, crew list, insurance, pasports, proof of VAT status,... but never, EVER has anyone asked me about RCD!!

So, why does it matter? Why should I care, and not just say: "RCD - b*ll*cks to that!"
 
They shouldn't need to ask for documentation as the ce plate should be clearly displayed.

Anyone without ce certification may have problems when it comes to sell the boat.

Consequences? It's illegal, and could result in up to a £5000 fine or even a 3 month prison sentence. Some countries may impound the boat until certification is completed.
 
I would like to take advantage of the low us prices but my understanding is that it would be ok to bring a boat from the us without rcd but it would be illegal to sell a boat in the european union without rcd.

I await correction /forums/images/graemlins/smile.gif.
 
This is from the RYA's RCD compliance guide (the full document's available on their web site):
A boat DOES need to comply with the RCD if it is not one of the exclusions below and if:-
It was/is first placed on the EEA market after 16 June 1998
It was/is put into service in the EEA after 16 June 1998 (this included boats imported from outside the EEA)

These are the main 'exclusions below'
A boat DOES NOT need to comply with the RCD if:-
It was built in the EEA [European Economic Area -- bigger than EU] prior to 16 June 1998
It was in use in the EEA prior to 16 June 1998
It is only visiting the EEA for reasons of tourism or in transit (time scales are undefined)

So, if importing from, say, USA, it would be simplest to import a boat originally manufactured or used in the EEA before June '98. This wouldn't necessarily include, for instance, all Beneteaus, as many are built in the US.
 
Some interesting and some vague/pointless replies.

So, to sumerise: it has been fairly obvious that all the boats I've sailed are very much pre-1998. So, I've never been asked. But then again, how do "they" know that I've not imported my boat? American design?!

As to
[ QUOTE ]


Consequences

* The enforcement authorities of any EEA Member State can take action to remove a non-compliant boat from their waters.

* Even if you are not responsible for the placing on the market, when the craft is discovered it could be suspended from being used until it is made compliant and ultimately, it could be ordered to be destroyed.

* Most non-compliant boats can be made to comply, but there is a cost involved. It could be you that foots the bill.

* A non-compliant boat is not worth as much as a compliant one.

* Your insurance cover may be invalid.

* A non-compliant boat never gains compliance just because it has been used for some time.

* From the 1st January 2006, inboard petrol and diesel engines must have type approval and meet strict emissions and noise levels. It is unlikely that a used engine will be able to meet the requirements.



[/ QUOTE ]

who are the enforcement authorities in the UK? Is it C&E, MCA, Police?
As said in my original post: I've never been ASKED for any RCD proof - EVER, ANYWHERE. Not even my insurance co enquired about it. And insurance would be the only thing I'd worry about.
If this thing is supposed to be enforced by one bloke behind a desk in Peterborough I'm not going to lose much sleep over it.

People has sailed bathtubs (or similar) across the Atlantic - things that would never receive CAT A under the RCD scheme. So this thing has no benefit whatsoever: it does not add to craft safety and it's not being enforced.
I stand by to be corrected on this last point; but it would have to be more than "I've heard a story about a bloke in Italy..."

Common sense would be to... ignore it??
 
when I was in the process of buying my current boat, in the US, a couple of months ago, I contacted CE Proof about this very issue, and their answer was, that due to boats having(mainly) wet exhausts, it was not possible to do the emissions tests in situ and that engines would have to be removed for lab testing. They were of the opinion, that due to this, and the number of older boats around, and the utter confusion throught the EEC on this, that they could not see how this was ever going to be implemented. The drive by noise test ok, but engine testing??
You would have to replace half of the engines in use aboard boats in the EEC as most would be impossible to bring up to emmisions standards today.
Not, of course, that any EEC eurocrat gives a toss about reality.
 
Trading Standards are the main body that enforce it, and Hampshire and Southampton Trading standards officers have performed inspections that were reported heavily at the 2002 and 2006 SIBS boats shows, and similar inspections have been reported in other countries. In addition boat builders have been successfully prosecuted as reported in trade journals at the time, and Trading Standards have been reported as carrying out spot checks.

The other thing worth bearing in mind, is that if you import such a boat, and subsequently manage to sell it. If that boat is later involved in an accident, and investigated, they could track down who originally put the boat into use.
 
As brokers we are more and more being advised NOT to take on boats with RCD issues as the consequences for us are serious. Insurance companies who are disputing a claim you have against them or a third party who are claiming from you would be a problem ,if checks were made, as you would be using the boat illegally. /forums/images/graemlins/frown.gif This months YM carries a story of a UK boat boarded by French Customs who demanded every bit of paper possible, including RCD and fined the guy for having out of date flares amongst his good ones. If there is a fine to be had, sadly it looks like enforcement will increase. These kind of rules are why I spend most of my time away cruising! /forums/images/graemlins/smirk.gif
 
There is no requirement for any CE tests to be caried out or for a CE plate to be added by the builder of a 'home made boat' if it is built for his own use and he retains ownership for 5 years after first launching it.

Receipts for the major items used in the boat must be carried on the boat at all times.

If he wishes to sell it within the five year period then this will open up a new can of worms.

Iain
 
[ QUOTE ]
This months YM carries a story of a UK boat boarded by French Customs who demanded every bit of paper possible, including RCD and fined the guy for having out of date flares amongst his good ones.

[/ QUOTE ]

Not entirely true - the article says that he was fined because he could not produce SSR and had out of date flares.
The article concludes that vessels going to France SHOULD carry amongst other things RCD documentation if built after 1998. It does however NOT say that he was asked for RCD documentation.

As to the points BrendanS makes: it seems to me that it's more an issue for new boats (SIBS, builders taken to court, etc...).
I would like to hear from anyone who bought a pre 1998 boat OUTSIDE the EEA and subsequently was asked to produce RCD documentation by anyone.
It's not required to obtain an SSR, my insurance did not ask for it...
 
Yes you are quite right he was fined for two seperate offences, with two seperate fines. And YM advised carrying RCD details, not that he was asked for them.

I read it late last night with a bottle of wine /forums/images/graemlins/smile.gif

Here is the Hants Council advice to brokers (part of)

For an offence under the RCD, the person responsible for first placing the craft on the market or taking it into service the maximum penalty for breaching the RCD is 3 months imprisonment or a £5000 fine. This applies equally to private individuals and those in business. Although a prosecution must be brought with one year from the date of the offence there are other processes which can be invoked on the discovery of a non-compliant or falsely CE marked craft.


For some offences under the GPSD the penalties can be up to a �20,000 fine and up to 12 months imprisonment.

These and other regulations give Trading Standards Officers in the UK, and any other authorised person in the EEA wide powers. These include the power to suspend, seize and apply for their forfeiture in order to take them off the market. Trading Standards Officers also have powers to enter premises, examine paperwork and goods to check that recreational craft do comply with the regulations.


These powers can be exercised whether or not an individual is prosecuted.
General Product Safety Regulations 2005
These regulations (GPSD 2005) came into force on 1st October 2005.


The RCD only covers any craft when first placed on the market. It does not apply to any subsequent placing on the market.


Put simply the RCD applies when the craft are 'new'. It does not apply to used craft but the requirements of the GPSD do.


The GPSD 2005 applies to all consumer goods whose safety is not already caught by other regulations.


They require all consumer goods to be safe.


The terminology used to describe who must comply is different.


Manufacturer, own brander, repairers or re-conditioner and any other professional in the supply chain whose activities affect the safety of consumer goods is called a producer.


Any professional in the supply chain whose activities do not affect the safety of consumer goods is called a distributor. This can be wholesalers, retailers, agents and auctioneers. You do not have to own the goods.


Producers and distributors now have a duty to monitor the safety of the product placed on the market, inform each other of problems which affect the safety of the products they supply, to inform each other of problems which affect the safety of products they supply, to pass on information about the products and to keep records in order to trace the product.


Where a serious risk to health and safety of the user is discovered, it must be reported to the local Trading Standards Service. This is principally the duty of the producer, but if he does not or cannot, then the distributor should make the notification.


Product recalls now have legal status. Other actions such as the publication of national notices to warn of dangers and notices to require goods to be marked can also be invoked by the Enforcement Authority.


More details can be found at http://www.dti.gov.uk/ccp/topics1/safety.htm.


As described above the penalties for not complying can be extremely serious.
 
is going for Cat D a possibility as it's self certified? Yes, would still cause issues for some (fewer than if no RDC docs) upon resale but the boat would be compliant for EU use as far as trading standards are concerned. As far as I am aware thus far, no organisaton, including insurance companies, have been bothered about a Cat D boat being used in non Cat D 'areas'.
 
[ QUOTE ]

For an offence under the RCD, the person responsible for first placing the craft on the market or taking it into service the maximum penalty for breaching the RCD is 3 months imprisonment or a £5000 fine. This applies equally to private individuals and those in business. Although a prosecution must be brought with one year from the date of the offence there are other processes which can be invoked on the discovery of a non-compliant or falsely CE marked craft.

[/ QUOTE ]

As the cost of making a pre 1998 US manufactured vessel RCD compliant ar more than likely to exceed £5K and the chances of getting "caught" are virtually nil...

Rules & regulations are all very well 1) if they benefit society and 2) the state is willing and able to enforce them.
In this case there's no benefit; and even if the state were willing to enforce the RCD it's most certainly unable to do so.
 
The benefit is being able to sell your boat in the future? If you can't then the market value of your yacht is... £0
 
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