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The difference between amateur construction and kit boats
When a yachtsman, even a non-professional, builds his boat, he is not necessarily an amateur builder! The phrase may make you smile, but it shows that to understand the regulations, we need to start by establishing precise definitions.
Amateur construction is limited to boats built from scratch by the individual boater. "The services check the invoices for materials to ensure that the yachtsman has done it himself. The only authorized outside services concern electricity and electronics," explains Xavier Nicolas, director of the yachting mission at Affaires Maritimes.
The other category is called kit or partially completed vessels. "In the 1st case, a vessel arrives cut up in a crate where all that's left to do is assemble it. In the second case, we start with a new, bare hull. Or it could be a hull salvaged from a mudflat. The builder then builds the vessel around it", illustrates Xavier Nicolas.
What yachting regulations apply to your boat?
This separation determines the choice of regulatory texts to be applied. In the case of amateur construction, French national regulations apply. These are Division 245 of the French Maritime Affairs Authority. The yacht builder signs a written declaration of conformity (DEC) attesting to compliance with the standards. "The inspectors are mainly concerned with safety aspects. A builder's plate with a WIN code must be affixed, including the letters AMA for amateur. The boat is then non-transferable for 5 years. It can then be sold throughout the European Union", says Xavier Nicolas.
On the other hand, kit and partially-completed boats are covered by the European Recreational Craft Directive 2013/53/EU and the associated CE standards. In this case, we can distinguish between 2 types of marketer: the end-boater or a professional assembling for others. In both cases, he must obtain a manufacturer's code from the authorities to be identified in the boat's WIN code. Whether an individual or a professional, the builder then has the status of manufacturer, and must sign a CTA to comply with the European directive for the entire vessel. This may be for a single boat, or for a series of identical boats. The manufacturer is solely responsible for compliance with normative requirements. The kit or hull supplier, for his part, provides a CTA "as the vessel progresses". "For a kit, he only commits to the planks he delivers. He can supply the plans, but is not responsible for their implementation. The overall CTA is the responsibility of the end manufacturer," explains Xavier Nicolas.
Identifying the builder and protecting the yachtsman
"The aim of the standard is to ensure that the person in charge is the closest link to the yachtsman," sums up the head of Maritime Affairs. In addition to kit boats, the RIB sector is used to partially completed boats, with players purchasing hulls, sternwheels and engines separately. Here, it is essential to ensure compliance with regulations. "When a yachtsman buys a boat, which is sometimes presented as being custom-built on the spot, it's a good idea to make sure who really built it. To do this, boaters need to be educated to understand WIN codes. Knowing that when it starts with CN, it's a Chinese builder," says Xavier Nicolas.
Affaires Maritimes is considering whether the regulations should be changed to provide greater protection for yachtsmen. "We're wondering whether we shouldn't distinguish between self-assemblers and third-party assemblers, to bring them closer to amateur builders. He wouldn't have to do a CTA on the complex European directive, which he doesn't always understand. To launch his boat, he would sometimes sign his own death warrant without realizing it! On the other hand, we'd add a 5-year non-transferability guarantee, which is at least as important as a piece of paper," concludes the director of the yachting mission.
