recreational craft directive

[castlevar]

Hi all
I hope someone can help I bought a dutch steel hull in1999 which I fitted out and launched in2001 I would now like to sell it.
I have been under the impression that it is a home constructed boat as long as I do not offer for sale before 5 years I do not require an rcd certificate is this correct .My broker has suggested that I need to pay £3000.00 and get a post dated certificate. Can any one tell me who is correct.

 

[macd]

If you haven't already done so, you need to check out the RYA's guidance on RCD:
http://www.rya.org.uk/SiteCollectio...ents/RCD Documents/1 RCD Compliance Guide.pdf

and also Appendix 2 to the RCD:
http://www.rya.org.uk/SiteCollectionDocuments/technical/Web Documents/Appendix 2 Exclusion (3).pdf

Section g of the latter, which defines exclusions from the RCD, is what you're looking for:
g) craft built for own use, provided that they are not subsequently placed on the Community market during a period of five years;
The section goes on to define this more completely.

I'd also note that the main body of the directive includes this about part-completed boats, post 1998:
A partly completed boat is declared as consisting of a hull or a hull and one or more components and as such has to comply with the appropriate requirements of the Directive before it is sold.
The seller of such is required by Annex III of the RCD to supply the purchaser with a partly completed boat declaration. The declaration shall include:-
• the name and address of the partly completed boat builder, - the name and address of the representative of the partly completed boat builder in the EU or, if appropriate, of the person responsible for placing the partly completed boat on the market,
• a description of the partly completed boat,
• essential requirements that apply at that stage of construction.
Anyone who buys a bare or partly completed hull with a view to completing it, even for their own use, will be the responsible person (not the hull builder) and become responsible for RCD Compliance including the requirements relevant to the hull. It is therefore very important to obtain the necessary Declaration from the hull builder that the hull has been built in accordance with the Directive’s scantling requirements.

My reading is that section g (the five year rule) overrides this. But I'm no expert.

 

[hartcjhart]

join the RYA wait a week then ask their experts

http://www.rya.org.uk/joinrenew/whyjoin/Pages/WhyJointheRYA.aspx

could save 3k

 

[castlevar]

Thank you all for your tips I have contacted The rya and sent them all my info will wait and see

 

[TradewindSailor]

No you don't need an RCD certificate because your boat qualifies for an exclusion. Only if you sold it within the 5 years would you have needed the certificate etc. ..... Oh and don't bother with a certificate showing that you qualify for the exclusion, it really isn't required as only the RCD requires any RCD certificate and you're EXCLUDED!!!