Buying a completed craft
Anyone thinking of buying
a completed boat, new or used, should look for these five items:
·
A builders plate with a CE mark
· A
craft identification number (CIN) or hull identification mark (HIN)
·
An owners manual
Builder’s Plate
Every new boat sold or first used in the EU since 16 June 1998 must have a builder’s
plate. This plate has the maker’s details and technical information such as the design category, maximum loading weight
and engine power. It must also include the CE mark.
Craft
Identification Number (CIN)
The Craft Identification
Number or Hull Identification Number (HIN) as it used to be called, is unique to that craft. It is a code that identifies
not only the builder, but where and when the craft was built. It will look similar to the illustration below and is found
in two places. One is found on or near the transom, starboard side, near the top. The other is hidden as a security check.
This example shows an incorrect CIN. It looks OK a first glance, but the model year (00=2000) cannot be before the year of
manufacture
Owner’s Manual
New boats must have an owners
manual. Used boats must come with enough instructions and other information to allow the new owner to use and maintain the
boat safely. As all the required information is in the original owners manual, always ask to see it. You should also have
the manuals for any equipment fitted for the same reasons.
The owners manual must
also contain an important legal document called a Declaration of Conformity. This document is issued
and signed by the manufacturer, or his agent or the importer. It is part of
the CE marking requirements and is one of the Documents that may be asked for and examined by any of the EEA Enforcement Authorities.
Very important if the craft is being used in Europe.
If a craft is being offered for sale without
one of the five items you could have real problems if you buy it!
BUT some
craft do not need to be CE marked:
· Any craft already in use
in EEA waters before 16th June 1998.
· Any craft under
2.5m or over 24m.
· Any craft on the list
of exemptions and, usually labelled such as racing boats, historic craft and hovercraft.
However in most cases the
exemption has conditions. A craft can loose the exemption if the conditions are broken and will need to meet the full requirements
of the RCD. This is a complex area to give general advice on. Each case has to be examined and decisions made on an individual
basis.
Some
examples to be aware of:
Used boats from countries
outside the EEA
Any boat, new or used, imported into the EEA
since June 16 1998 is regarded as being a craft new to the EEA market.
This means it has to meet all the requirements
of the RCD before it can be used.
There is no exemption for importation for personal use. In particular
check the paperwork of small American sports cruiser/power boats very carefully.
Partially Completed Boats,
Sailaways and Home Built/Completed
The full RCD only applies to completed craft. However, it is not always easy to
say when the craft is complete. The craft is complete when the manufacturer has completed the conformity assessment, applies
the CE mark, and signs the Declaration of Conformity.
If the craft is not complete, it must have a document called an Annex IIIa declaration.
This basically says that the boat is for completion by another but it meets the requirements of the RCD as far as they apply
to what has been completed so far. These are often described as 'Sailaways'.
A Home build craft is just that, and is usually
built from scratch by the person who is going to use it.
There are conditions:
· To
meet the home build exemption the boat must have been used exclusively, as a recreation craft, by the builder
and
· Not further placed on the market for at least 5 years.
Further
placing on the market means selling on, but by putting the craft up for charter it breaks the 'exclusively for own use' condition.
It is
very common for a private individual to buy a shell or sail-away and fit it out themselves. These are recognised as Home completed
craft provided that they meet the same conditions of a home build, exclusive use and the 5 year rule.
The clock starts ticking from
the first time it is used as a recreational craft on the water, not necessarily from when it is fully completed, with all
the furniture and carpets.
Ask the owner for any proof that the non-CE marked home built or completed craft has been in use for
5 years. This proof could include BSS certificates, inland-way waterways licences or mooring, launching and docking receipts.
Consequences
· The enforcement authorities of any EEA Member State can take action to remove a non-compliant boat from
their waters
· Most non-compliant boats can
be made to comply, but there is a cost involved. It could be you that foots the bill.
· A non-compliant boat is not worth as much as a compliant one.
· Your insurance cover may be invalid.
· The
BSS certificate could be revoked and you will not be allowed to use your boat.
· A non-compliant boat never gains compliance just because it has been used for some time.
· From the 1st January 2006, inboard petrol and diesel engines must have type approval
and meet strict emissions and noise levels. It is unlikely that a used engine will be able to meet the requirements.
Advice
· If you buy privately - buyer beware! Let us check everything very carefully
and have a survey done.
If the craft does not comply with the RCD and does not fall into one of the exemptions, we will advise
you to walk away.
Some bargains are just not worth it!
Let
the professionals at CEMyBoat, CE Your Boat!
Contact us NOW!
954-633-2632 CEmyBoat@aol.com
