Recreational Craft Directive

[MINESAPINT2]

Yes, it is true - and also true of a privately imported boat that does not meet the RCD. Trading Standards have extensive powers - even if it is not obvious how widely they use them.

However in the early days of RCD there were regular items in the yotty press of individuals falling foul of the new rules. Indeed I recall in the early 2000's a long article in PBO of a person who sailed his rufty tufty plastic Colin Archer style boat from Canada only to find he could not use it in the UK without complying. His line that as he had sailed the Atlantic why should he need to prove its seaworthiness? Totally missed the point.

I think the reason why we hear so little about these esoteric events is first because there are so few home built boats of any size and second, intelligent people thinking of importing boats are well aware of the restrictions, so either choose a boat which can easily be certified (as Tom Cunliffe did - and wrote up in YM) or don't bother to import.

That is equally true of traders. First all European boats which are sold in the UK already comply - the whole point of the RCD being to establish a common standard. Second, those that import boats from the US only import those that comply - not difficult with the small sportsboats in Cat C that are popular. Virtually none of the US yacht builders apart from Legend bother to sell in the EU as the cost of compliance is not justified by the small potential market.

Thanks tranona,

When you say "yes it is true". Are you confirming once there has been an illegal transaction (home built boat being sold/or given away within 5 years of completion without appropriate paperwork) the offence stays with the boat. Second, third, fourth owner etc

I really do appreciate your help

Mike

 

[st599]

A trade restriction means paying an import duty plus vat, not having a bunch of bigwigs imposing unnecessary opinions, and restrictions for restrictions sake.

I appreciate you are giving me the official line. I'm giving you my official opinion on the subject. You don't have to like or agree it, but it remains my opinion..

Thank god were leaving.

You're mistaken about barriers to trade. Tariffs are but one type. Non-tariff barriers are equally valid and include regulations like the RCD. The EU will require regulatory equivalence to trade in future, so we'll still have the RCD, but no say over its implementation.

 

[JumbleDuck]

I think the reason why we hear so little about these esoteric events is first because there are so few home built boats of any size and second, intelligent people thinking of importing boats are well aware of the restrictions, so either choose a boat which can easily be certified (as Tom Cunliffe did - and wrote up in YM) or don't bother to import.

Or just keep quiet about it. However, I suspect that it's simply not an issue because the overwhelming majority of imported boats will come from the EU and therefore comply anyway.

That is equally true of traders. First all European boats which are sold in the UK already comply - the whole point of the RCD being to establish a common standard./QUOTE]

There was that Bez (?) dinghy with a lid thing from Poland which was found not to comply after a fatal accident in north Wales. Of course that looked as if it complied.

 

[JumbleDuck]

When you say "yes it is true". Are you confirming once there has been an illegal transaction (home built boat being sold/or given away within 5 years of completion without appropriate paperwork) the offence stays with the boat. Second, third, fourth owner etc

That's what interests me. I don't think I have ever seen a definitive answer, with reference to the law.

 

[Tranona]

Why do you mention newspapers and leaving the EU ? We do not yet know what leaving EU means, especially the newspapers, who spread utter tosh about that subject on a daily basis. Although I do agree that any matters to with recreational boats will be way low down the list of priorities.

I was never expecting a free trade, and had I ever bought a US boat I would have expected to pay both VAT and Duty on its import. Indeed as I did pay VAT on the boat I did buy from Jersey, where duty was zero rated. The clear difficulty I foresaw with the requirement to have a pre RCD boat assessed for RCD was that the cost was completely undefinable, making any sort of purchase untenable.

I also abhor any form of bureaucratic officialdom nosing its way into the marine leisure world, and this is the principal reason I am a member of the RYA who actively fight a war of attrition against such nonsense. For instance I wear a life jacket out of personal choice and when I deem it necessary, but I don't need a lawto tell me I must wear one. Thank god us sea navigators do not (yet) have to suffer the nonsense that is the BSS afflicting inland waterways users, where a macro industry of bigwigs exists to tell you you can't have a clear sight glass on a water separator fuel filter.

Listen to Mrs May today and you will find that the UK is actually leaving the EU - just what the serious newspapers have been writing about for weeks, if not months. If you read the better informed journalists you will also discover that all current EU law will become UK law and then unpicked to reflect the new situation. doubt this process will involve any significant changes to CE marking simply because the UK would wish to have this type of scheme anyway.

Your boat can freely move inside the EU from an RCD point of view as it was built in the EEA. The rules on RCD compliance are much more complex than you might think and in reality the only boats that have to go through post construction assessment on import are boats built outside the EU. This is likely to only affect a tiny number of people, and in reality the attraction of such boats, particularly older ones from the US is low. It was more attractive when the RCD came in, but that was 20 years ago and the world has changed.

 

[Tranona]

Thanks tranona,

When you say "yes it is true". Are you confirming once there has been an illegal transaction (home built boat being sold/or given away within 5 years of completion without appropriate paperwork) the offence stays with the boat. Second, third, fourth owner etc

I really do appreciate your help

Mike

The offence is the sale of a non compliant boat so remains with the seller. The possible effect on the boat is that TS have the power to impound the non compliant boat. Whether they would use that power is debatable as you would argue that you were a "good faith" buyer.

There was a long thread here a few years ago about a boat that was imported without being certified and the person concerned was unable to get a definitive answer from Trading Standards. There is no boat specific section in TS and doubt that many officers have any experience of this esoteric subject.

If your check on the certificate confirms it is genuine then I don't think you have anything to worry about.

 

[Tranona]

There was that Bez (?) dinghy with a lid thing from Poland which was found not to comply after a fatal accident in north Wales. Of course that looked as if it complied.

Yes, that was a straightforward case of misrepresentation that only came to light after 2 people died. Little happened as the firm involved was already bankrupt.

 

[JumbleDuck]

Yes, that was a straightforward case of misrepresentation that only came to light after 2 people died. Little happened as the firm involved was already bankrupt.

Do you know what happened to other Bez boats? I don't remember seeing any followup reports. My recollection is that they weren't actually bad, just not suited for the use they claimed.

 

[MINESAPINT2]

The offence is the sale of a non compliant boat so remains with the seller. The possible effect on the boat is that TS have the power to impound the non compliant boat. Whether they would use that power is debatable as you would argue that you were a "good faith" buyer.

There was a long thread here a few years ago about a boat that was imported without being certified and the person concerned was unable to get a definitive answer from Trading Standards. There is no boat specific section in TS and doubt that many officers have any experience of this esoteric subject.

If your check on the certificate confirms it is genuine then I don't think you have anything to worry about.

Thanks again tranona,

I did mention in an earlier post today I had winged off an email to the company mentioned (the EU notified body) on the POST CONSTRUCTION CONFORMITY REPORT and they have replied confirming the certificate is in fact genuine.

Time to put my money where my mouth is!

Mike

 

[MINESAPINT2]

I have noticed something in the RCD paperwork (Post Construction Conformity Report) that I would like clarification on. I have been unable to find the answer online.

The Post Cons Conf Report is dated 2013 but the boat is home built, completed 2010 but took 6 years to build. So timescale is bought GRP hull +/- 2004 completed 2010 PCCR/RCD 2013

Next to the box entitled Engine Emission Approval it just says "Engine sold in EU before Jan 2006". Looking at the timescale this is quite likely but as the RCD is ammended from time to time as it has been as at 18th January 2017 when a boat has its Post Construction Assessment is it assessed using the regulations ruling during construction or at the time of the assessment.

I understand January 2006 is a critical date ref engine emissions. I note in all probability the engine would not have passed the emission test had it been tested to the standards applicable in 2013.

I hope I have made the question clear

Thanks

Mike