For many people, navigating the rivers and canals of France in their own barge, houseboat or self-propelled transport vessel is a dream or a professional reality. However, beyond the pleasure of navigation or commercial imperatives, river boats have a very specific legal status. It is essential to understand that a boat intended for inland navigation is not a vessel designed to take on the sea. This distinction, based on its ability to withstand the perils of the sea, leads to the application of specific rules that differ from maritime law.
Legally, the Civil Code classifies boats as movable property. However, this classification is misleading because, for units of a certain size, the legislator has set up a special system, sometimes inspired by that for immovable property, in particular to facilitate credit and secure transactions. At the heart of this system are two fundamental administrative procedures: registration and measurement. In a way, these procedures constitute a boat's technical and administrative identity card. Not only do they allow precise identification, they also determine many aspects of the boat's legal life, from sale to warranty. It is crucial to be familiar with all the navigation rules applicable on French waterways. Here we look at these two formalities in detail: why are they necessary, how are they carried out and what are the practical consequences?
Registration: your boat's identity card
Registration gives a boat its own legal and administrative existence. It is a fundamental step that distinguishes it from mere movable property and ensures reliable publicity concerning its ownership and any rights that may encumber it.
When is registration compulsory or possible?
Not all boats are required to be registered in France. It is defined by the Transport Code and depends on three cumulative criteria. Firstly, the boat must be ordinarily used on French waterways. Secondly, its size must reach a certain threshold: either a deadweight (the maximum load capacity) equal to or greater than twenty tonnes, or a displacement (the volume of water displaced by the hull) equal to or greater than ten cubic metres. Lastly, ownership of the boat must have a sufficient link with France: at least half of the owners must be natural persons of French nationality who habitually reside in France, or legal entities whose registered office and main place of business is in France.
It is important to note that a boat subject to this obligation cannot be registered simultaneously in several countries, as specified in article L. 4111-2 of the French Transport Code.
In addition to this obligation, the Transport Code allows certain boats to be registered in France, even if the strict conditions of the obligation are not met. This is the case, for example, for boats at least half of which are owned by nationals of the European Union or the European Economic Area, if they are operated from France. Other specific cases exist, in particular for boats owned by nationals of states without inland waterways that have an agreement with France, or for those used by foreign companies with establishments in France, under certain conditions.
This registration must be distinguished from the "francisation" of ships. Unlike 'francisation', which confers French nationality on the vessel and the right to fly the French flag - crucial on the high seas - river registration does not formally confer nationality on the vessel. Its main purpose is to establish a reliable 'civil status' for the boat, making it easier to identify ownership and serving as a basis for credit, particularly mortgage credit. It also enables the authorities to carry out safety checks.
The step-by-step registration procedure
Registration is requested by the owner. For a new boat built in France, the application must be sent to the prefect of the département where the boat was built as soon as it is launched. If the boat is built abroad, the application must be made to the prefect of the owner's place of residence.
In practical terms, registration takes the form of an entry in a computerised national register managed by the Ministry of Transport. This register, which is public, assigns a unique serial number to the boat. Any interested party can request certified extracts from the register, which ensures the transparency of essential information.
What information is included in this register? Article R. 4111-2 of the Transport Code gives a non-exhaustive list. It includes
- the name and any currency of the boat ;
- its type (barge, pushboat, etc.) and construction method ;
- the year and place of construction;
- for motorised boats, the type and power of the engine;
- its maximum loading capacity or displacement (according to the tonnage certificate) ;
- its main dimensions (length, width) ;
- Full details of the owner(s) (name, profession, address, nationality);
- place of registration ;
- the references of the measurement certificate ;
- if applicable, the number of the entry in the register of the commercial court clerk's office mentioning deeds relating to ownership or rights in rem (sale, mortgage, etc.).
The registration certificate: an essential on-board document
Once registration has been completed, the authorities issue the owner with a registration certificate. This document contains the key information recorded and constitutes the official proof of registration. The rule is simple: this certificate must be carried on board the boat whenever it is sailed. The only exception is when a boat purchased or built abroad is making its maiden voyage to the office where it is to be registered.
Visible identification marks on the boat
To enable rapid visual identification, all registered boats must bear distinctive markings. Its name must be painted or attached in a clearly visible manner on each side of the bow. At the stern, its name, place of registration (e.g. "Paris", "Lyon") and unique registration number must appear.
The deadweight, expressed in tonnes, must also be indicated on both sides. For boats carrying passengers, the maximum authorised number must be clearly displayed on board. The Transport Code also provides for other technical markings, such as those indicating the maximum authorised draught and, for boats with a draught of up to one metre, draught scales must be affixed to the hull. These marks are essential for safe navigation.
What should I do if things change?
The life of a boat is not set in stone. It can be converted, sold, rendered unseaworthy or even scrapped. Any change affecting the information entered in the register (technical characteristics, owner, etc.) must be declared by the owner to the registration office. This declaration must be made in writing within one month of the change. Depending on the nature of the change, the authorities will update the register and certificate, or cancel the registration (in the event of loss, destruction, etc.). If there are any mortgages registered on the boat, the clerk of the commercial court will be informed. Compliance with this obligation to keep the register up to date is fundamental to maintaining its reliability.
Similarly, if the owner wishes to transfer the registration of his boat to a foreign register, a specific procedure must be followed with the Prefect, requiring in particular the production of documents attesting to the situation of the boat with regard to rights in rem and any seizures.
Risks of non-compliance
The legislator has introduced criminal penalties to ensure compliance with registration rules. Using a registration certificate that does not belong to the boat in question is an offence punishable by up to three years' imprisonment and a fine of up to €45,000, according to article L. 4142-1 of the French Transport Code. The ban on dual registration is punishable by a fine of up to €9,000. Other offences, such as failure to register the vehicle, failure to provide the required documents on board, failure to provide identification marks or failure to declare modifications, are punishable by a fine of €3,750. These penalties underline the importance that the law attaches to ensuring that boats are properly registered.
It is also worth noting that disputes concerning the issuing of the registration certificate itself (for example, a refusal to register) come under the jurisdiction of the administrative courts, as the certificate is considered to be an administrative police act.
The special case of pleasure boat registration
Pleasure boats navigating inland waters, while not subject to compulsory registration (because they are too small), must nevertheless be registered if they exceed certain thresholds: an engine power of 4.5 kW (around 6 horsepower) or a hull length of more than 5 metres. The conditions of ownership (residence or registered office in France) are similar to those for registration. This registration, provided for in article D. 4111-10 of the Transport Code, is also carried out on a computerised national register and gives rise to the allocation of a number which must be marked on the hull.
Gauging: measuring the boat's capacity
Alongside registration, tonnage measurement is the second major technical identification procedure for certain boats. Its precise aim is to determine the volume of water displaced by the boat as a function of its depth in the water. This measurement enables us to determine the boat's maximum loading capacity in complete safety.
Why gauge a boat?
Tonnage measurement provides essential technical data on the volumetric and weight capacity of the boat. This information is essential for safe navigation (to avoid overloading), for calculating certain taxes or fees, and for determining the boat's compliance with certain standards or waterway regulations.
Which boats are covered by the obligation?
Under article L. 4112-1 of the French Transport Code, the obligation to have your boat measured applies to the same boats as those subject to compulsory registration: those that usually operate in France and have a deadweight of 20 tonnes or more or a displacement of 10 cubic metres or more. These are mainly boats used to transport goods.
How is gauging carried out?
The owner must call on a competent inspection body to carry out the technical measurement operations. This may be a classification society recognised at European level, or another natural or legal person with the technical and regulatory skills required to inspect inland waterway vessels. This organisation carries out the necessary measurements and draws up a tonnage measurement report.
It is important to note that a new measurement becomes necessary if the boat undergoes major alterations likely to change its deadweight or displacement.
The tonnage measurement certificate
On the basis of the report, the competent administrative authority issues a tonnage measurement certificate. This official document attests to the capacity of the boat. In accordance with the 1966 Geneva International Convention on Tonnage Measurement, this certificate is generally valid for fifteen years. It may be extended (up to ten years for cargo vessels, fifteen years for other vessels) if a periodic inspection confirms that the information on the certificate remains accurate.
Like the certificate of registration, the tonnage certificate must be kept on board the boat (with the exception of the first voyage) and must be produced at the request of any inspection authorities (police, customs, waterways agents).
Gauge marks: visible indicators
Specific marks must be affixed to the hull of the boat to show the results of the measurement. Article 6 of the 1966 Geneva Convention details these marks. They include tonnage marks (often horizontal lines) carried in pairs on the sides, indicating the maximum draught for which the boat has been measured. Next to these marks is a sign identifying the office that issued the certificate and its number. Graduated measurement scales may also be affixed vertically to the hull to allow direct reading of the draught. It is strictly forbidden to remove or modify these official marks.
In conclusion, registration and measurement are much more than mere administrative formalities. They anchor the boat in a precise legal and technical framework, which is essential for its movement, safety, transmission and use as a guarantee. They contribute to the specific legal status of river boats, clearly distinguishing them from other movable property. Moreover, this legal status underlines the importance of these procedures in the management and protection of these specific assets. In addition, these regulations ensure the traceability of owners and transactions, thereby promoting the security of trade in the river sector. Finally, a good knowledge of this status enables owners to better navigate the legal issues linked to the use of their boat. For a in-depth understanding of the legal status of inland waterway vesselsA dedicated article is available. What's more, ownership of these assets implies increased responsibility for regulatory compliance, which requires constant vigilance on the part of the owner. By taking these aspects into account, owning a river boat becomes a commitment that can also open up opportunities for commercial exploitation, particularly in the field of river tourism. This dimension adds economic value to registration and tonnage measurement, reinforcing their fundamental role in the sustainability of nautical activities. To find out more about ownership and transfer of a river boatFor more information, explore our guide. What's more, registration and gauging constitute collateral security, giving owners access to financing and suitable insurance. You can also read our article on security interests in river vessels to secure your investments. This legal protection also fosters the confidence of investors and commercial partners in the nautical sector. Taking account of these administrative requirements is therefore essential to guarantee the long-term future and development of inland waterway assets, as well as to understand the challenges of the future. enforcement and seizure.
If you are thinking of buying, selling or having a river boat built, or if you have any questions about the formalities involved in identifying a boat, our firm can help you take the right steps, particularly in terms of commercial and transport law. Contact us for a personalised analysis.
Sources
- Transport Code (in particular articles L. 4000-3, L. 4111-1 to L. 4111-5, R. 4111-2, D. 4113-1, R. 4111-8, L. 4142-1 et seq., D. 4111-10, L. 4112-1 et seq., D. 4221-17)
- Civil Code (article 531)
- Geneva Convention of 25 January 1965 on the Registration of Inland Navigation Vessels
- Geneva Convention of 15 February 1966 on Tonnage Measurement of Inland Navigation Vessels
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