Owning and operating a boat on French waterways, whether for transporting goods, receiving passengers or even for stationary activities, is more than just knowing how to manoeuvre. A dense set of regulations governs the commissioning of boats and the qualifications of those authorised to drive them. Sailing without the appropriate documents can result in severe penalties, and the owner or driver may be held liable in the event of an incident. This article details the main licences, certificates and qualifications required for riverboats and their crews in France, to help you understand the essential rules you need to know in order to navigate properly.
The boat's "navigation permit": ensuring its technical compliance
Before you even think about who's going to be at the helm, the boat itself has to be in order administratively and technically. This means obtaining a sailing licence appropriate to its type and use, and complying with precise technical specifications.
First of all, each boat must bear clear and permanent identification marks on its hull: its name or motto, its place of registration (followed by the letter F for France), key elements of its design and the name of its owner. legal statusand, for cargo vessels, an indication of its deadweight (maximum load capacity). Vessels carrying passengers must prominently display the maximum number of people permitted on board.. Sink marks (lines indicating the maximum authorised depth for each navigation zone) must also be present and respected.. It is strictly forbidden to load a boat beyond these marks.
For the freight vesselsThe main navigation title is the Community Inland Navigation Certificate. Set up to harmonise technical requirements at European level (initially by Directive 82/714/EEC, now replaced by Directive 2006/87/EC ), this certificate attests that the boat meets the construction, equipment and safety standards defined in the appendix to the regulations.. It is issued after a thorough technical inspection by a competent supervisory committee, before the first entry into service or after importation.. Any major modification or repair affecting the structure or characteristics of the boat requires a new inspection.. It is generally valid for a maximum of ten years.. Certain cargo vessels are exempt from this Community certificate, in particular those whose deadweight does not exceed 15 tonnes. or those sailing exclusively on routes not connected to the European network. However, the latter must hold another title, the Boat certificatewhich is issued after a visit to check compliance with specific national technical requirements. This is also the case for certain older boats (keel laid before 1950, deadweight < 350 tonnes sailing only in France) and for "floating equipment" such as service boats..
For the passenger vesselsthe regime is different. Those designed to carry more than twelve passengers (excluding crew) must have a Navigation permit also issued by a supervisory commission following a technical inspection. This licence, which is generally valid for two yearsthe name of the boat, its characteristics, the maximum number of passengers and the waterways on which it is authorised to operate.. It must be kept on board. Periodic inspections, in particular a complete dry inspection of the hull (every 5 years if metallic, 2 years otherwise), are compulsory to maintain its validity.. Boats carrying six passengers or less are subject to the regulations applicable to pleasure craft..
The stationary vessels, floating equipment and establishments (such as manned pontoons and floating restaurants) that have a source of energy on board require a special authorisation in lieu of a navigation licence. If they are open to the public, they are also subject to the very strict safety regulations applicable to Public Reception Establishments (ERP), particularly in terms of fire and panic prevention..
Finally, a particularly important case concerns the transport of hazardous materials. Whether it is a question of dry goods or liquids in tanks, the vessel must not only have its basic navigation permit (Community or Ship's Certificate), but also comply with the specific ADNR regulations (European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways).. This generally involves obtaining a ADNR certificate of approval a separate certificate stating that the boat's construction and equipment (double hull, anti-explosion systems, etc.) are suitable for the risks involved.. This certificate is issued after inspection by the competent authorities.
Failure to hold the appropriate, valid navigation permit exposes the owner to criminal penalties.
The river 'driving licence': who can drive?
Just as the navigation licence concerns the boat itself, the certificate of competency concerns the person at the helm. To drive a "commercial" boat - i.e. a goods boat or a boat carrying more than twelve passengers - you need a certificate of competency. - on French inland waters, it is compulsory to hold a valid Certificate of Competence for the operation of commercial vessels or a qualification recognised as equivalent.
Obtaining this certificate is subject to a number of cumulative conditions. You must be at least 18 years old.. Secondly, you must be physically and mentally fit, as evidenced by a medical certificate.. This aptitude must be reconfirmed regularly after the age of 65, on pain of suspension of the certificate.. Substantial professional experience is also required: in principle, at least four years as a deck crew member on a commercial vessel.. This period may be reduced for holders of certain diplomas or training courses. Finally, you have to pass an exam comprising theoretical and practical tests covering driving, navigation regulations, safety, basic mechanics, etc.. For certain waterways presenting particular difficulties (strong currents, heavy traffic, etc.), additional tests on knowledge of local conditions may be required..
In the interests of European harmonisation (Directive 96/50/EC), certificates of competence issued by other EU Member States are recognised in France, provided they correspond to the categories defined (Group A for all routes except the Rhine, Group B for non-maritime routes except the Rhine).. The prestigious Rhine Patent is valid on all French inland waters.. Reciprocal recognition agreements may exist with third countries.
There are also certificates of competence for more specific types of sailing.:
- The category PA allows you to drive non-motorised boats of less than 15m carrying passengers in seasonal service on a limited route not connected to the main network.
- The category PB authorises the same thing, but for boats of up to 35m and a maximum of 75 passengers.
- The category PC concerns the operation of goods vessels of less than 20m in length.
There are certain situations in which it is possible to drive without the main certificate of competence: for example, a person aged over 15 undergoing training, assisted by the holder of the certificate of competence..
An additional requirement applies specifically to passenger boats. In addition to the driver's certificate of competence, the presence on board of at least one person (the driver or another crew member) holding theSpecial Passenger Certificate is mandatory. This certificate, obtained after a specific examinationvalidates knowledge of passenger safety, evacuation management, first aid, fire-fighting, etc.. If the boat is authorised to carry more than fifty passengers, the presence of a second person holding this certificate is required.. This certificate may also be required for stationary boats open to the public.. La liability in inland navigation also means increased vigilance in terms of safety, for both passengers and crew. Operators must ensure that all their staff are trained and aware of emergency protocols, in order to minimise the risk of incidents. Failure to implement these requirements can result in penalties, underlining the importance of proper training.
It is a criminal offence to drive a commercial vessel without the required certificate of competency or with an invalid certificate..
The crew on board: how many and who?
A motorboat cannot navigate without a crew sufficient to ensure its operation and safety, depending on its characteristics, the navigation area and the circumstances.. The regulatory minimum composition for most boats is one driver (holding the appropriate certificate of competence) and a seaman able to take part in manoeuvres. The minimum age for crew members is 16.. Ministerial decrees may require larger crews for certain types of navigation (long convoys, continuous navigation, etc.) or, exceptionally, authorise smaller crews..
Le driver is the person with authority on board and nautical responsibility. He is responsible for ensuring compliance with all police and safety regulations.. All members of the crew, as well as any other person on board, must comply with her orders in all matters relating to safe navigation and order on board.. In the case of a pushed convoy, the driver of the pusher train is responsible for the whole convoy.. In a towed convoy, each towed vessel has its own skipper who must obey the orders of the tug's skipper, while taking the necessary measures for the safety of his own vessel..
For the foreign boats over 15m sailing in France, the crew (or one passenger) must include at least one person capable of understanding and speaking sufficient French for safety instructions and notices to skippers.. Moreover, this language skill is essential to guarantee the safety of everyone on board and to ensure compliance with the rules of navigation in France. The maritime authorities can also impose penalties for non-compliance with this requirement. You are therefore strongly advised to prepare adequately before sailing in French waters. It is important to stress that ignorance of the inland navigation policing rules in France can lead to serious incidents. It is therefore advisable to familiarise yourself with these regulations and take appropriate training before setting out to sea. By doing so, boaters will be able to sail with confidence and in complete safety.
Boats carrying hazardous materials must have on board at all times the competent personnel required to ensure safety, including during parking if the boat is loaded or not de-gassed. Specific crew composition rules also exist for passenger boatsoften linked to the number of authorised passengers.
Penalties for breaches
Sailing without the right navigation permit for the boatdriving without the required certificate of competencefailing to comply with the minimum crew composition rules constitute offences defined by Law No. 72-1202 of 23 December 1972. They can result in fines, immobilisation of the boat, or even heavier penalties in the event of an accident. In addition to criminal penalties, civil and/or administrative liability may be incurred.
Obtaining the right certificates for your boat and your staff is essential. Our firm can help you with these administrative procedures and defend you in the event of an inspection or infringement. We also offer comprehensive expertise in commercial law, including aspects of navigation and river transport, to help professionals manage, finance and resolve disputes relating to their activities.
Sources
- Transport Code (parts relating to navigation permits and crews)
- Decree no. 88-228 of 7 March 1988 on the operation of inland waterway vessels for the transport of goods (amended)
- Decree no. 70-810 of 2 September 1970 on the safety of passenger vessels
- Decree no. 91-731 of 23 July 1991 on the manning and operation of boats (amended)
- Decree of 19 December 2003 on the manning and operation of boats
- Decree of 5 December 2002 on the transport of dangerous goods by inland waterway (ADNR Decree)
- Relevant European Directives (in particular 2006/87/EC and 96/50/EC)
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