Administrative Boating Infringements: What Are the Risks?

On our website Bateau-immatriculation.com and in our articles, we regularly address the subject of administrative procedures for boats. These are mandatory and must be completed before you start sailing.

If your boat formalities have not been correctly carried out or if you do not comply with the obligations
related to pleasure boating, you risk penalties or sanctions. Do you know what these are?

When looking into offenses related to recreational boating, there are several reference texts to consult – and, as a boater, to know.

Indeed, while recreational boating is increasingly practiced on the French coasts, it is also a regulated activity that requires the master of a vessel to comply with a certain number of obligations.
Here are the official texts mentioning the different rules to follow when boating, as well as the penalties provided for in case of non-compliance:

• The law of 12/17/1926 of the Disciplinary and Penal Code of the Merchant Navy
• The law of 04/01/1942 relating to the Regulation of navigation titles
• The decree of 01/09/1952 concerning the Exercise of maritime fishing
• The law of 11/24/1961 relating to the Policing of maritime wrecks
• Decree of 12/26/1961 relating to the status of maritime wrecks
• The law of 07/05/1983 and the decree of 08/30/1984 concerning the Safeguarding of life
at sea, the Habitability on board vessels and the Prevention of pollution
• The decree of 07/11/1990 relating to the Exercise of recreational maritime fishing
• The decree of 10/21/1992 relating to the Navigation of motor recreational vessels at
sea

• Articles 223-1, 314-1, 314-10, 434-10 and 610-5 of the Penal Code

These texts cover all offenses related to navigation, whether professional or recreational, in maritime or river areas. Together, they constitute the regulations to be followed by boat masters: administrative obligations, safety equipment to be held depending on the activities and the area in which they wish to navigate, rules for professional and recreational fishing…

The different texts also specify the risks incurred in case of non-compliance with the regulations.
Financially speaking, the penalties for recreational boaters in case of a boating offense range from €38, for the lowest fine, to several thousand euros.

Depending on the situation and its severity, the penalty incurred can go up to imprisonment for a period of several months, or several years.
The penalty incurred for a hit-and-run offense after an accident, for example, is more significant than that to which recreational boaters are exposed when they navigate a little too fast in the port – fortunately!

In the first case, we are talking about a penalty that can go up to 2 years
in prison and/or a €30,000 fine… In the second, the amount of the fine provided is €450.

• Number of passengers on board exceeding the vessel's legal capacity: the person involved can be fined up to €1520 and/or face one year imprisonment.
• Lack of external identification marking on the vessel, or non-compliance thereof: according to the texts, this is a breach of regulations that can result in a fine of up to €3750!
• Exceeding the authorized speed within the 300-meter zone: an infraction that can result in a fine of the same amount, and/or up to 6 months in prison.
• Refusal to assist a person in danger at sea: in this case, the boater concerned risks a fine of €3750 and/or 2 years in prison.
• An incorrect course or maneuver, when encountering another vessel: in accordance with current regulations, this is an infraction that can also result in a fine of €3750, and/or 3 years in prison.

At-sea inspections are carried out year-round by several entities:

• The Maritime Affairs Directorate
• The Maritime Gendarmerie
• Customs

What happens during an at-sea inspection?

While underway or at anchor, recreational boaters are usually approached by the authorities. They ask the skipper, who is in command, to stop the vessel. They then come alongside one side of the vessel to carry out the desired inspections. If necessary, the authorities may also contact you via VHF!

The Maritime Affairs Directorate, the Maritime Gendarmerie, or Customs officers are authorized to board the vessel. During the inspection, if the skipper has not taken the necessary steps to ensure compliance with navigation regulations, they face risks and may be subject to penalties.

In France, operating a motorized pleasure craft with an engine exceeding 6 taxable horsepower (CV), or 6.5 kilowatts (kW), strictly requires a Pleasure Craft Driving License, or "Permis bateau". Three types of licenses exist, depending on the navigation area and the intended distance from shore by the skipper of a pleasure craft:

• The inland waters license, or "Permis bateau Eaux intérieures"
• The coastal sea license, which allows you to go up to 6 nautical miles from a shelter
• The offshore sea license, with which there is no longer any distance limitation.

But do you know what the risks are of navigating without a boat license?

Operating a vessel without a license is an administrative offense punishable by a fifth-class fine, amounting to €1500! If you do not possess the required license and you are caught operating a boat that requires one without holding it, you also risk the seizure or immobilization of the vessel.

Do you hold the required boat license, but you don't have it on you when authorities conduct a check? In this case, you will avoid the €1500 fine. However, you still risk being penalized and having to pay a fixed fine of €38.

It is often stated that a skipper holding a pleasure craft license is entitled to offer the helm to another crew member, under their responsibility. This is not always true!

Indeed, to be in compliance when conducting accompanied navigation, first, the license holder must have obtained their navigation certificate more than three years ago. Second, the person wishing to take the helm must be over 16 years old. Finally, a Guided Navigation Declaration must have been previously registered with the Maritime Affairs department. If these three conditions are not met, the crew is still subject to penalties.

Did you know that it's also possible to lose your boat license? In the event of excessive speeding – whether in a port area or not, or in the event of a violation of the Navigation Code, authorities have the right to suspend your license, or to revoke it permanently. In this case, please note that it will be impossible for you to retake the license within the following three years…

Operating an unregistered boat: a severely punished offense

While minor offenses may sometimes simply result in a warning from the authorities, administrative boat offenses are generally not of that nature.

In maritime or river navigation, for example, the lack of a registration certificate is an offense punishable by sanctions: regulations state that a skipper found operating or driving a boat without registration will have their offense sanctioned by a fifth-class fine, i.e., a maximum fine of €1500. And this applies even if you present your boat license to the authorities!

Another administrative boat offense: outdated status

If you possess all the required administrative documents, but they are not up to date, you are still subject to penalties.

For example, if during a boat inspection the skipper presents a registration certificate that does not indicate ownership, or on which their new engine is not mentioned, they may be issued a formal warning. In this case, it is normally a first-class offense, and a fine of €38.

Safety equipment: an obligation not to be neglected

On all pleasure boats in coastal areas or on the high seas, the lack of safety equipment, or the presence of expired equipment, is also penalized.

The amount of the penalty generally amounts to €1500, regardless of the situation: in case of missing or insufficient life jackets, missing onboard fire extinguishers, missing documents related to routes and signals… Payment of a similar fine is also required if the kill switch regulation is not respected.

Beyond onboard safety, the penalties incurred are a particular additional reason to check the expiration date of your equipment!

Let's remember that, regardless of the flag flown, whether in a European zone or not, a vessel operating in French territorial waters and whose owner is a French resident must be in possession of the safety equipment detailed in Division 240.

Boaters, why spoil your boating season by risking a fine?

At Bateau-immatriculation.com, we know recreational boating regulations inside out. We can help you be compliant so that, in the event of a check by the authorities, you avoid problems and penalties.

Contact us to benefit from the assistance and advice of our experts!