A weight for boating professionals
It is common to see on the medians of repair, maintenance or guarding yards, boats abandoned by their owners. Between unpaid bills and the risks of a potentially dangerous and deteriorating boat, the financial burden for boating professionals can be high. Besides the loss of revenue, the wreck, visible to customers, is also harmful to the company's image.
A new law
The law had for some years provided for the possibility for marinas to get rid of abandoned boats on their pontoons. With the new text n° 2016-816 of 20 June 2016, presented by Arnaud Leroy, on the blue economy, it is now professionals who can make these undesirable hulls disappear. The new legislation changes the law of 31 December 1903 on the sale of abandoned objects to take into account the problems of boating.
The new law provides 4 main steps to get rid of the abandoned pleasure boat:
- Formal notice to the client
- Referral to a judge by motion
- Judge's order
- Vessel Auction
Once the legal steps have been validated, the sale by auction of the suction cup boat must make it possible, depending on the amount reached, to cover the owner's procedural costs and debts, as well as the possible claim. Any remaining costs shall be borne by the professional.
Possibility of deconstruction
In the absence of a buyer, the boating professional can send the boat for treatment in a specialized deconstruction company.
The legal procedure can worry company managers who do not wish to manage administrative procedures alone. In order to assist its members, FIN announced the establishment of a tailor-made service for the sale of abandoned vessels, in partnership with a lawyer specialised in maritime law and the website Agora Store, specialist in auctions.
FIN offers, with a negotiated rate for its members:
- the drafting of a formal notice
- drafting the application to the court
- the organisation of the auction of the vessel
- monitoring and support throughout the procedure