Sailing on French inland waterways, whether for the transport of goods or passengers, or simply for pleasure, is not a totally free activity. Far from it. A precise regulatory framework governs this practice, aimed above all at ensuring the safety of people and property, as well as the proper conservation of public waterways. Whether you are an inland waterway professional, an entrepreneur operating a passenger boat or an occasional yachtsman, understanding and complying with these rules is essential. This article sets out to explain the main aspects of the inland navigation police in FranceThis does not include specific regimes such as those for the Rhine and Moselle. To sail in full compliance, obtain a river navigation licence in France is an essential prerequisite for many users. This document certifies that the holder has the necessary skills to manoeuvre a boat while complying with the regulations in force. What's more, the licence helps to reduce the risk of accidents on waterways, thereby enhancing everyone's safety.
Who regulates and where do the rules apply?
Navigation on rivers, canals and inland waterways is governed by two main bodies of legislation. On the one hand, the Transport Code now brings together many of the provisions formerly found in the Code du domaine public fluvial et de la navigation intérieure, particularly those relating to the conservation of the domain and certain offences.. On the other hand, and very concretely for users, the General Police Regulations for Inland Navigation (often abbreviated to RGP), appended to Decree No. 73-912 of 21 September 1973is the reference text for daily traffic.
The RGP is supplemented by special police regulations. These regulations, often in the form of prefectoral or ministerial decrees, adapt the general rules to the specific local features of a waterway or navigation basin.. It is therefore important to find out about the specific rules applicable to your navigation zone. Voies navigables de France (VNF), the public body responsible for managing a large part of the French waterway network, is responsible for all aspects of navigation.also plays a role, in particular by being consulted on these specific regulations and, since a law passed in 2012, by having its own powers to take certain temporary measures relating to operations or incidents.
These rules apply to all French inland waters, up to the transverse limit of the sea.. They concern a wide variety of vessels: traditional inland waterway vessels (barges, self-propelled vessels), but also small craft, ferries, floating equipment (dredgers, floating cranes) and even seagoing vessels when they enter these inland waters.. For the latter, there is a subtlety: they also remain subject to the International Regulations for Preventing Collisions at Sea (COLREG 72) in adjacent waters accessible to seagoing vessels.. The water areas of river ports are also concerned, without prejudice to specific port regulations.. It is essential to respect these rules to guarantee the safety of all users of the waterways. Indeed, navigating on rivers and canals requires a good knowledge of the rules in force, in order to prevent accidents and ensure that traffic flows smoothly. Boaters and professionals alike therefore need to familiarise themselves with these rules, as well as with the legal status of inland waterway vesselsto make the most of their experience on the water.
Using the waterways: basic precautions
The first rule of common sense, enshrined in the RGP, is to ensure that your boat is compatible with the waterway you are using.. Its dimensions - length, width, air draught (height above water) and draught (depth under water) - as well as its speed must be adapted to the characteristics of the channel, the height of the bridges and the capacity of the locks.. Specific regulations often set precise limits. Sailing a boat that is too big or too fast for a given section not only exposes you to penalties, but above all to the risk of a major accident.
Over and above these dimensional aspects, all users have general obligations to protect the waterway and collective safety. It is forbidden to throw away anything that could create a hindrance or danger. If you lose an object (an anchor, part of your cargo, etc.), you must report it immediately to the appropriate authorities.. Similarly, any damage caused to a structure (lock, beacon, bridge, etc.) must be reported immediately.. In the event of grounding or shipwreck, reporting is also an obligation, as is taking the necessary steps to clear the channel as quickly as possible..
It is also essential to respect navigation times, particularly when passing through locks or over movable bridges.. These timetables are set by the authorities and failure to respect them can disrupt all traffic. Finally, there is a formal obligation, which is sometimes overlooked: an up-to-date copy of the RGP must be on board all vessels, with the notable exception of very small craft..
Since 2012, specific regulations have governed the navigation of traditional boats belonging to associations and used by their members.. In addition, river pilotage by professional pilots may be compulsory in certain areas, in particular estuaries and access to seaports..
Rules of the road and road signs: see and be seen, give way
Safe navigation relies heavily on good signalling and compliance with the rules of priority. The RGP sets out in detail the lights, hull markings and sound signals that the various types of vessel must display, day and night, whether underway or parked.. Specific signs are provided for special situations: transport of dangerous goods (blue or red lights depending on the nature of the danger), etc.These include long or wide convoys, boats with limited manoeuvring capacity, etc. Using the right signals allows others to understand your intentions and anticipate your manoeuvres.
With regard to the rules of the road, a fundamental distinction is made between the "upstream" boat (the one heading upstream, towards the source) and the "downstream" boat (the one heading downstream, towards the mouth).. On canals, the downstream section is the section that flows away from the diversion reach.. This distinction is essential because it determines priorities, particularly when crossing. In addition, each boat has responsibilities in terms of river assistance, which means that it must be ready to lend a hand to another vessel in case of need. Knowledge of these rules of liability in the event of collision and assistance is crucial. With this in mind, it is imperative that crews are trained in the rules of navigation and the safety measures surrounding them, to ensure smooth and safe navigation on inland waterways. A clear understanding of these distinctions and responsibilities contributes to safe and efficient river navigation.
As a general rule, passing and overtaking are only authorised if the channel is wide enough and if circumstances allow it without danger.. When crossing, it is the upstream boat that must give the downstream boat an appropriate route.. The boat ahead therefore has priority. When overtaking, the overtaking boat must ensure that the manoeuvre is safe.. The boat being overtaken must make overtaking easier, in particular by reducing speed if necessary to ensure that the manoeuvre is quick and does not hinder other boats.. Specific decrees may specify these rules.
The RGP also defines the manoeuvres to adopt when corneringto cross the waterway or to enter or leave a port. The passage of bridges, dams and locks is subject to detailed rules. In particular, it is forbidden to sail under the arches of bridges closed for works.. In and around locks, orders from staff (lockkeepers) take precedence over general signage.. Failure to comply with these instructions may render the driver liable in the event of an incident.
Specific rules also apply to navigation in reduced visibility (fog) or radar navigation.as well as for the movement of bins.
Parking your boat: where and how?
Parking, whether short or long term, is also highly regulated. The basic principle is to park your boat as close to the shore as possible, without obstructing navigation in the main channel.. This applies equally to commercial vessels, floating craft and floating establishments (houseboats, floating restaurants, etc.)..
The mooring must be strong enough to withstand the current and wind, as well as the eddies and suction caused by the passage of other boats.. Crucially, the mooring must be able to adapt to variations in water level to prevent the boat from becoming suspended or submerged..
The RGP lists a number of parking bansAnchoring may be prohibited in certain areas to protect the seabed or underwater cables. Anchoring may also be prohibited in certain areas to protect the seabed or underwater cables..
Failure to comply with these rules may result in penalties. Leaving your boat parked without authorisation on the public waterways, even if it is not an obvious nuisance, may be considered an "impediment" and constitute a traffic offence.. This also applies to wrecks. Penalties can range from a fine (up to €12,000) to confiscation of the item and reimbursement of removal costs if the authorities have to take action on their own initiative.. Recently, the Conseil d'État confirmed that these provisions are intended to maintain the public domain and ensure safety, justifying the obligation to remove them at the offender's expense..
Please note that paying a state fee for parking does not constitute authorisation if police regulations are not complied with.. Public authorities may also be held liable if parking orders given by their services cause damage to a boat (e.g. grounding as a result of a poorly managed drop in the water level)..
Special situations and interruptions
Certain types of vessel or activity are subject to specific rules. Moving floating establishments (such as a pontoon or dock) is considered to be special transport requiring authorisation.. They must be parked in such a way as to leave the channel clear..
Boats intended for direct commercial use with the public (grocery boats, restaurants, cinemas, floating exhibitions, etc.) require a prefectoral or ministerial permit to operate or park.. This authorisation is limited in time and specifies the itinerary and authorised parking areas.. Regular public passenger transport services are also subject to specific operating conditions set by the prefects (timetables, landing stages, etc.)..
Navigation may be interrupted for various reasons. Deliberately creating an obstacle to traffic by manoeuvring or inappropriate parking constitutes an offence (contravention de grande voirie).. In the case of blockades organised by bargemen during industrial action, the State is rarely held liable for fault (abstention from using public force often justified by the risk of disturbing public order).However, it can be based on a breach of equality before public charges if the damage suffered by other users is abnormal and special (for example, a very long interruption)..
Similarly, in the event of a strike by public navigation services (lock-keepers, for example), the State's liability for fault is difficult to establish if users have been warned and if the right to strike is exercised legally.. The damage is not generally considered to be abnormal.
VNF has put in place rules for lump-sum compensation for hauliers who suffer unexpected stoppages in navigation due to a fault on the part of the services, a failure of the structure or a lack of maintenance.. However, this compensation does not cover stoppages due to natural causes (flooding, low water levels), strikes or scheduled interruptions (except in the specific case of very long works involving diversions)..
Penalties for non-compliance
Non-compliance with navigation police regulations is mainly punished by traffic offences (contraventions de grande voirie) when the public river domain is affected (damage to structures, obstacles, illegal parking).. These offences fall within the jurisdiction of the administrative courts.. Sworn officials from the State and, since 2012, from VNF, are authorised to record these offences as well as offences against the police regulations themselves.. The financial penalties can be severe, not to mention the obligation to make good any damage caused..
In addition to administrative penalties, the boat's driver or owner may be held civilly liable in the event of damage caused to a third party as a result of a breach of navigation rules (collision, for example).
The complexity of the rules governing navigation on inland waterways may result in penalties or liability. Our firm can advise you on your rights and obligations, so that you can navigate with peace of mind or in the event of a dispute. We also offer comprehensive expertise in commercial lawcovering management, financing and dispute resolution for navigation and river transport professionals.
Sources
- Transport Code (in particular the legislative and regulatory parts relating to the public river domain and the navigation police)
- Decree no. 73-912 of 21 September 1973 on the General Police Regulations for Inland Navigation (RGP) and its appendices
- Special police regulations applicable to the various waterways (available from the navigation services or VNF)
- Law no. 2012-77 of 24 January 2012 on Voies navigables de France
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