Spanish Laws for Boats is a difficult subject to find the facts as opposed to “custom and practice”. Much useful information can be found at http://www.michaelbriant.com/spain_boat_rules.htm
The Cruising Association produced an informative article on this subject that was published in the Costa Del Sol News in July 2005 and in the Costa Blanca News in November 2006. The full article plus information on towing boat trailers in Spain can be found at http://www.spainvia.com/boats.htm
See also the information at http://www.hotribs.com/02articles/052-boats-in-spain/boat-tax-in-spain.asp
See also information on permits, licences and documents at http://costablanca.angloinfo.com/information/15/sailing.asp
The RYA has a lot of information on their website and can be accessed by members. SAMM Is a Registered member so you can request the login details from our SAMM Secretary at firstname.lastname@example.org
Major Development in Spanish Boating Deregulation
By Manuel Sevilla Moróder
Spanish marine industry association ANEN held its annual conference at the Barcelona boat show in Spain last week (Nov 2010) against a backdrop of a significant step ahead in boating regulation. From January 1, 2011, new legislation will have major repercussions and contribute to facilitate recreational boating in Spain.
First and primarily, vessels under 12m (39ft) in length will be exempt from the need to be matriculated. As long as the boat carries the CE mark, completing a simple form and producing the purchase invoice will suffice to obtain a registration certificate. Obtaining the three legal documents on sea-worthiness and radio communications that have so far been required will no longer be necessary. This applies to both charter boats and those for private use.
Also regulated by the new decree, charter boats will not need to be listed under the movables property registry with a significant saving in cost and time. Regarding electronics on board, SOLAS VHF and emergency energy source will not be required unless for off-shore sailing. In all cases the installation of electronic devices on board will no longer have to be authorised or monitored by government. Read below for advice in advance of any deregulation.
Boat Documents you need onboard:
One of our members was stopped by the Guardia Civil and asked for his documents. What follows is his experience and advice on what documents you need to produce if you are stopped.
“My boat is a 5.7m sailing boat which is Spanish registered. To satisfy the Spanish authorities the documents you need are:-
The certificate “Permiso de navegacion – embarcaciones de recreo”. This replaces the old “Licencia de Navigacion” which was a green book. The new certificate is valid for 5 years and then has to be renewed. The current cost for my size of boat is €17.23.
The certificate “Certificado de navigabilidad para embarcaciones de recreo de esora menor de 24 metros” issued by the Ministerio de Fomento.
Titulo del Patron. I presented my Titulo card from which the Guardia Civil took down my details. After the meeting with Oscar (Torrevieja Port Master) he was satisfied that my ICC qualification would also qualify as the Titulo del Patron under the order (I think EU directive?) “FOM 3200/2007 of the 26th October so de titula extranjeros”. (I think this is accurate but it is very difficult to read Oscar’s writing!) It’s unlikely the Land-based Guardia Civil know about this anyway.
(I also have a cerificate “Registro Maritimo Espanol” which is the registration certificate although I was not asked for this.)
As I did not have all documents on me I was given a Denuncia, a copy of which follows:-
Basically the first page asks for the date of the Denuncia, the date which I took the boat out, what type of boat and engine and where I was when the Denuncia was given (On the water in sight of the coast, in port in my berth, Navegando viniendo dede del mar and fondeado o amarrado al Muelle.
This is page 2:-
En materia de documentacion
1. La embarcacion NO esta matriculada
2. La embarcacion Si esta matriculada, pero la matricula no figura en las amuras:-
3. Matricula en las amuras incorrecta
4. No lleva Rol, Licencia de Navigacion u otra documentacion a bordo.
5. No lleva a bordo el certificado de navigabilidad o esta caducado
6. Rol o licencia de Navegacion sin despachar: fecha ultimo despacho
7. Titulo de Patron insuficiente, no presenta o esta caducado.
8. No presenta el Seguro de resonsabilidad Civil Real Decreto 607/99 de 16 de Abril.
I failed on points 4, 5 and 8
En materia de seguridad
1. Exceso de personas a bordo
2. Equipo de salvamento incompleto
3. Bengalas Caducadas
4. Equipo de radio Sin Licencia Sin Radiobalizas o Radiobaliza
I failed on point 3 – flares. I showed the GC my radio licence as well. They didn’t really want to see it but said that an English certificate is not recognised anyway!
En materia de navigacion:
1. Navegacion Nocturna o fondeo sin luces reglamentarias
2. Fondeo en canales o lugares prohibidos
3. Navegar dentro de la zona de bano balizada exclusivamente para uso de banistas
4. Navegar en zona de bano a velocidad superior a 3 nudos
5. Indiquese la distancia a la playa oa otra zona del litoral
6. Indiquese la velocidad de la embarcacion en navegacion nudos
7. El incidente suposo peligro o riesgo para los banistas y bienes
8. Con Lesiones
Thankfully I didn’t accumulate any failures on these!
I was also asked if I had life-jackets, which I do, but they didn’t ask to see them.
Since then I have found out what safety equipment is needed on board. Apart from the known requirements (life ring, jackets, first aid kit flares (!!) etc….) you also need an air horn and mirror.
My boat is now licensed for “Area 2″ – 2 miles out. If I want to upgrade to “Area 5″ – 5 miles out I have to have a DSC radio as well.
I hope this will help someone else in the future!