Recreational Craft

• Overview
• What is a recreational craft ("Sportboot")?
• Use and certificate requirement
• Solely privately used recreational craft
• Hiring out (bareboat): Boat Certificate
• Commercial use: Safety Certificate and Safe Manning Certificate
• Recreational craft registration

Overview

It is estimated that there are about 500 000 recreational craft ("Sportboote") in Germany. Most owners use their sailing and motorsport boats privately for sport or recreational purposes. There are few legal provisions for these recreational craft.

In contrast, owners and operators of hired out recreational craft and of commercially used recreational craft have to meet much stricter safety provisions and require a certificate from a German authority for the recreational craft under German flag.

In our chart "Recreational craft ("Sportboote") under German flag in maritime waters", we provide an overview for you about which rules apply for which kind of recreational craft. Below you can find information about recreational craft under German flag in German and foreign maritime waters.

What is a recreational craft?

The term "recreational craft" is defined in the German "See-Sportbootverordnung" (SeeSpbootV). Currently, the German Flag State Administration does not use the text of section 2 para. 1 no. 1 and 6 of the SeeSpbootV in the version of 3 March 2020. The Federal Ministry for Digital and Transport (BMDV) is considering how formal requirements of European law and ensuring ship safety can be met. For now, the SeeSpbootV will be applied as follows:

1. sec. 2 para. 1 no. 1 of the SeeSpbootV: "1. Sportboote: Wasserfahrzeuge mit oder ohne Maschinenantrieb, die für Sport- und Freizeitzwecke gebaut worden sind und dafür verwendet werden und die für nicht mehr als zwölf Personen zugelassen sind" (1. recreational craft: water craft with or without machine-driven propulsion built and used for sport and recreational purposes that are not approved for more than twelve persons).
2. sec. 2 para. 1 no. 6 of the SeeSpbootV: "6. gewerbsmäßige Nutzung: der Einsatz von Sportbooten für die Ausbildung zum Führen von Sportfahrzeugen oder für ähnliche Sport- und Freizeitzwecke, der auf Gewinnerzielung gerichtet ist" (6. commercial use: using recreational craft for the training in navigation of recreational craft or for similar sport and recreational purposes that are aimed at making a profit).

"aimed at making a profit" means paid voyages i.e. voyages with a skipper that are offered to an undefined group of persons for a fee at a relatively regular basis; an intention of making a profit is not necessary for this.

According to the German "See-Sportbootverordnung", a recreational craft ("Sportboot") is a water craft whether machine-driven or not that

• was built for sport and recreational purposes, and
• is used for sport and recreational purposes, and
• is approved for not more than twelve persons.

Accordingly, commercial use is

• the use of recreational craft for the fee-based training in navigation of recreational craft, e.g. at a sailing school, or
• the use of recreational craft for similar sport or recreational purposes for a fee, i.e. voyages with a skipper that are offered to an undefined amount of persons for a fee at a relatively regular basis.

Also in regard to navigation equipment of large non-commercial recreational craft, which is regulated in the German Schiffssicherheitsverordnung (Ship Safety Ordinance – SchSV), the Flag State Administration applies "for sport and recreational purposes" instead of "solely for sport or recreational purposes" for now.

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Use and certificate requirement

Which safety requirements a recreational craft flying the German flag has to meet and whether a certificate is required depends on the use:

• solely privately used (no certificate required) or
• hiring out (bareboat charter, Boat Certificate ("Bootszeugnis") required) or
• commercially used (Safety Certificate for Recreational Craft and Safe Manning Certificate required)

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Solely privately used recreational craft: No certificate

Recreational craft, which are used solely privately, i.e. without payment for sport or recreational purposes or the training in navigation of recreational craft or similar sport and recreational purposes, do not require approval or certificates by the German Flag State Administration. Below we explain the difference between private use, hiring out and commercial use.

For solely privately used recreational craft, the following applies:

1. Owners must have their recreational craft from 15 m hull length entered into a German shipping register for sea-going ships.
2. For the equipment, only the provisions of COLREG regarding navigational lights and equipment for sound signals must be considered. Further information is given in a brochure (in German only) by the Federal Maritime and Hydrographic Agency (BSH).
3. For navigating the German maritime waterways a recreational craft driver's licence ("Sportbootführerschein") in accordance with the German "Sportbootführerscheinverordnung" is required for privately used recreational craft as well. Further information about driver's licences regarding recreational craft use is offered at the Deutscher-Segler-Verband or at the Deutscher Motoryachtverband.

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Hiring out recreational craft (bareboat): Boat Certificate

Entrepreneurs hiring out their recreational craft or water motorcycle without skipper or crew ("bareboat") for a fee have to apply for a Boat Certificate ("Bootszeugnis") at the "Wasserstraßen- und Schifffahrtsamt (WSA) Ostsee". The precise legal definition of the term "Vermietung" (hiring out) is given in the German "See-Sportbootverordnung".

If a charterer uses the recreational craft or water motorcycle commercially, it requires a Safety Certificate by the Ship Safety Division of BG Verkehr.

Some entrepreneurs want to use their recreational craft flexibly, i.e. sometimes hire it out without a skipper, another time use it commercially with a skipper provided by them. In this case, a Safety Certificate for Recreational Craft by the Ship Safety Division of BG Verkehr is required – although, not in addition to the "Bootszeugnis" but instead.

Entrepreneurs apply for the "Bootszeugnis" at the "Wasserstraßen- und Schifffahrtsamt" (WSA) in the district the recreational craft or water motorcycle has its permanent berth or where the permanent establishment of the entrepreneur is located. The WSA Weser-Jade-Nordsee is the competent authority for recreational craft hired out abroad. The application form for a "Bootszeugnis" can be found on the website of WSA Ostsee. A craft requires a "Vermietungskennzeichen" (hiring mark) for a "Bootszeugnis". In addition, the craft has to be tested for its vehicle safety, if possible, prior to the beginning of the water sport season.

The respective WSA issues the "Bootszeugnis" for a two-year period, in case of a newbuilding, it is a three-year period.

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Commercial use of recreational craft: Safety Certificate and Safe Manning Certificate

If a recreational craft with provision of a skipper or a crew for a fee is offered to an undefined group of people at a relatively regular basis, it counts as commercial use of the recreational craft – regardless of any categorization by the finance authorities. Commercially used recreational craft require a Safety Certificate and a Safe Manning Certificate.

A recreational craft may be used commercially only for the training in navigation of recreational craft or similar sport and recreational purposes.
Similar sport and recreational purposes occur if a passenger is actively involved in on-board operations – as is the case on training voyages.

Different to commercial use is hiring out, i.e. the fee-based temporary cession of the recreational craft for use to changing hirers without provision of a skipper or a crew and without the hirer using the craft commercially. Hiring out only requires a Boat Certificate ("Bootszeugnis"), which can, however, be replaced by a Safety Certificate for Recreational Craft by the Ship Safety Division if the recreational craft is also used commercially. This safety certificate allows for both hiring out and commercial use of the recreational craft.

The safety requirements for commercially used recreational craft with a hull length of 8 m to 24 m are regulated in the German "Richtlinie über Sicherheitsvorschriften für gewerbsmäßig zu Ausbildungszwecken genutzte Sportfahrzeuge nach § 52a SchSV a.F." (cf. section 14 sentence 2 of the "See-Sportbootverordnung").

The requirements of commercially used recreational craft flying the German flag do not only apply in German maritime waters (maritime waterways and coastal sea) but also worldwide. In addition, the respective national requirements of the country whose waters are being navigated should be considered as well.

Further information about commercially used recreational craft is given in our information letter "Gewerbsmäßig genutzte Sportboote" (in German only).

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Recreational craft registration: required from 15 m length

In all cases, i.e. privately used, hired out and commercially used recreational craft under German flag intended to be used at sea, an entry in the shipping register for sea-going ships is required if the hull length is 15 m or more. The owner receives a Certificate of Registry as proof of the entry showing the ownership of the recreational craft and the right to fly the German flag. Germany does not have one nationwide and unified shipping register for sea-going ships. The district courts manage the shipping registers. Competence of the respective shipping register depends on the homeport of the recreational craft or the homeport of the owner. Prerequisite for a registration in the shipping register for sea-going ships is a Tonnage Certificate, which you can apply for at the BSH.

Owners of recreational craft of less than 15 m hull length can voluntarily register their craft in a shipping register. They can also apply for a Flag Certificate as proof of the right to fly the German flag, but it is not proof of ownership.

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