Administrative boat offenses: what are the risks?

Offenses & navigation, get up to date!

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

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

Offenses related to recreational boating: the reference texts

When looking at offenses in the context of recreational boating, there are several reference texts to consult – and, as a pleasure boater, to know.

Indeed, while recreational boating is increasingly practiced on the French coasts, it is also a regulated activity that requires the skipper of a vessel to comply with a certain number of obligations.

Here are the official texts mentioning the various rules to follow on a boat, as well as the sanctions provided in case of non-compliance:

• The Act of 12/17/1926 of the Disciplinary and Penal Code of the Merchant Navy
• The Act of 04/01/1942 regarding the Regulation of navigation licenses
• The Decree of 01/09/1952 concerning the Practice of maritime fishing
• The Act of 11/24/1961 regarding the Policing of maritime wrecks
• Decree of 12/26/1961 regarding the status of maritime wrecks
• The Act of 07/05/1983 and the Decree of 08/30/1984 concerning the Safety of human life at sea, Habitability on board vessels, and Pollution prevention
• The Decree of 07/11/1990 regarding the Practice of recreational maritime fishing
• The Decree of 10/21/1992 regarding the Operation of motorized 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 inland waters. Together, they constitute the regulations to be followed by boat skippers: administrative obligations, the safety equipment to be held depending on the activities and the area in which they wish to sail, rules for practicing professional and recreational fishing...

The various texts also specify the risks incurred in the event of non-compliance with the regulations.

Financially speaking, the penalties for boaters in the event of an offense vary from €38 for the lowest fine to several thousand euros.

Depending on the situations and their severity, the penalty incurred can range up to imprisonment for a duration of several months or several years.
The penalty incurred for a hit-and-run after an accident, for example, is more significant than the one to which boaters are exposed when they sail 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 prescribed fine is €450.

Some examples of offenses and sanctions presented in these texts

• A number of passengers on board the boat exceeding the legal capacity of the vessel: the person involved can be punished with a fine of up to €1,520 and/or one year of imprisonment.
• The absence of the vessel's external identity marking, or the non-conformity of it: applying the texts, this is a breach of regulations that can cost up to a €3,750 fine!
• Exceeding the authorized speed in the 300-meter strip: an offense that can generate 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 €3,750 fine and/or 2 years in prison.
• A non-compliant course or maneuver when encountering a vessel: in accordance with the regulations in force, this is an offense that can also cost a €3,750 fine, and/or 3 years in prison.

Authorities responsible for monitoring boaters

Checks at sea are carried out all year round by several stakeholders:

• Maritime Affairs
• The Maritime Gendarmerie
• Customs

How does a check at sea happen?

While sailing or at anchor, boaters are generally approached by the authorities. They ask the skipper at the helm to stop the vessel. They then pull alongside one side of the vessel to proceed with the desired checks. If necessary, the authorities can also contact you via VHF!

Maritime Affairs, the Maritime Gendarmerie, or Customs officers have the right to board the boat. During the check, if the skipper has not done what is necessary to ensure they are sailing in compliance, they incur risks and may be subject to sanctions.

The most well-known administrative boat offense: sailing without a license

In France, operating a motorized recreational vessel whose engine power exceeds 6 fiscal horsepower (CV), or 6.5 kilowatts (kW), strictly requires holding a license to operate motorized recreational vessels, or a "boat license." Three types of licenses exist, depending on the navigation area and the distance from shore intended by the skipper of a recreational vessel:

• The inland license, or Inland waterways boat license
• The coastal sea license, which allows moving up to 6 nautical miles from a shelter
• The offshore sea license, with which there is no longer a distance limitation.

But do you know what you risk by sailing without a boat license?

Operating a vessel without a license is an administrative offense punishable by a fifth-class fine, i.e., an amount of €1,500! If you do not possess the relevant license and you are checked at the helm of a boat requiring a license without being a holder, you also risk the seizure or immobilization of the vessel.

Are you the holder of the required boat license, but you don't have it on you at the time the check is performed by the authorities? In this case, you will avoid the €1,500 fine. However, you still risk being penalized and having to pay a fixed fine of €38.

The case of accompanied driving

We often read that a driver holding a recreational license has the right to offer the controls to another crew member, under their responsibility. That is not always true!

Indeed, to proceed with accompanied driving while being in compliance, first, the license holder must have obtained their navigation title more than three years ago. Second, the person who wishes to take the helm must be over 16 years old. Finally, an "Accompanied Driving Declaration" must have been previously registered with Maritime Affairs. If these three conditions are not met, the crew still exposes themselves to sanctions.

The loss of a boat license

Did you know that it is also possible to lose your boat license? In the event of excessive speeding – in a port area or not, or in the event of an offense against the Navigation Code, the authorities have the right to suspend your license, or to revoke it permanently. In this case, note that it will be impossible for you to retake the license in the three years that follow...

Sailing on an unregistered boat: a severely punished offense

If small offenses can sometimes simply be the subject of a reminder of the law by the authorities, administrative boat offenses are generally not of that order.

In maritime or river navigation, for example, the absence of a registration card is an offense punishable by sanctions: the regulation indicates that a skipper checked while piloting or driving a boat without registration will see their offense sanctioned by a fifth-class fine, i.e., by a fine of a maximum amount of €1,500. And this, even if you present your boat license to the authorities!

Another administrative boat offense: the non-updated situation

If you hold all the requested administrative papers but they are not updated, you still expose yourself to sanctions.

For example, if during the check of their boat the skipper happens to present a registration card where it is not indicated that they are the owner, or on which there is no mention of their new engine, they can be issued a report. In this case, it is normally a 1st-class contravention and a €38 fine.

Safety equipment: an obligation not to be neglected

On all recreational boats in coastal areas or on the high seas, the absence of safety equipment, or the boarding of equipment whose expiration date has passed, is also sanctioned.

The amount of the penalty generally amounts to €1,500, regardless of the situation: in the event of absence or insufficiency of life jackets, in the event of absence of onboard fire extinguishers, in the event of absence of documents related to routes and signals... Payment of a contravention of the same order is also required if the kill-switch regulation is not respected.

Beyond safety on board, the penalties incurred are one more particular reason to check the expiration date of your equipment!

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

Avoid penalties by getting accompanied!

Boaters, why ruin your sailing season by taking the risk of receiving a ticket?

At Bateau-immatriculation.com, we know the regulations of recreational boating inside out. We can help you be in compliance 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!