As part of the “Maritime Safety Days,” targeted inspections of recreational boats were carried out along the coasts throughout the country in recent weeks. One of the main focuses of the inspections was, quite unexpectedly, whether up-to-date paper nautical charts were being carried on board. If these were missing, fines of €100-200 were issued. We thought: Interesting topic! And so we examined the legal aspects. We’ll explain why, in our opinion, these fines are generally unlawful.
Paper nautical charts for insurance purposes and peace of mind!
The question of whether paper nautical charts are even required on board has been passionately debated for years due to a lack of clear legal regulations. From our perspective, they should always be on board, if only for insurance reasons. Furthermore, details are much easier to identify and check on paper charts, especially on small boats. Since we pursue sailing as a hobby, we can also simply say that working with a paper chart has such a wonderfully “maritime” feel. For this reason, we find it somewhat regrettable that in many neighboring countries, the trend has been emerging for years to permit electronic nautical charts that are not ECDIS type-approved on recreational craft. This is already officially the case, for example, for boats flying the Danish or Swedish flags. . Germany has not yet explicitly enacted such a special regulation, which would be possible in principle under the SOLAS Convention. Furthermore, major maritime nations such as Great Britain and the USA are gradually phasing out the production of nautical charts on paper.
The central norm
For recreational boats that are not used commercially, Section 13 of the Ship Safety Ordinance (SchSV) therefore states relatively harmlessly:
The owner of a ship flying the German flag must ensure that (…)
The following documents must always be available on the bridge: (…)
the official editions of nautical charts and nautical books required for the respective sea voyage within the meaning of section C.I.4 of Annex 1; in the case of recreational craft (…) it is sufficient if non-official editions are carried on board,
Asterix / Permit A 38
Section C.I.4 of Annex 1 to the German Boating Regulations (SchSV) refers to SOLAS Regulations V/18 and V19, which, however, only partially apply to recreational craft, further differentiated by size. Individual regulations only apply if stipulated in the SchSV or in a legal act of the European Communities or the European Union listed in Section D of the Annex to the German Boating Act (SchSG). For commercially operated recreational craft, the regulations in the German Recreational Craft Ordinance (SportbootVO) are entirely different. It’s a completely opaque legal jungle.
Is everything clear so far?!
Trying to behave in accordance with the law makes you feel almost like Asterix applying for permit A38.
Is everything clear so far?!
Trying to behave in accordance with the law makes you feel almost like Asterix applying for permit A38.
Legal interpretation for private water sports enthusiasts
It is striking that the standard shown above does not mention the medium for the nautical charts to be carried (digital or paper?), a fact further emphasized by the statement that “unofficial editions” are sufficient. However, the international SOLAS Convention stipulates that electronic nautical charts must actually be ECDIS type-approved. Therefore, for legal certainty, we at Yacht-Recht.de always recommend carrying paper nautical charts on board. Only a court ruling or a clear legal regulation would provide definitive clarity on this matter.
Illegality of the penalty notices
Not only because of the somewhat unclear legal situation, but also because of this, we believe it is clear that the recently issued penalty notices are unlawful. Criminal law and administrative offense law are always considered the state’s “last resort”: Sanctioning violations of duty is always a final measure, which is why ambiguities in the sanctioning provisions always work to the detriment of the investigating authorities.
Because the rules regarding the mandatory use of paper nautical charts are so vaguely worded and refer to other regulations, constitutional concerns even arise regarding the corresponding rulings: The so-called “normative command” of a law, i.e., what is required of the citizen, must actually be clearly identifiable. In our view, this is not the case.
But the concerns about the fines don’t end there: The administrative offense cited by the water police (No. 34.100410 BVKatBinSee) only states that an administrative offense exists if the “required official documents” are not carried. However, it is generally accepted (see § 13 SchSV) that recreational boats are not required to carry any official documents. Furthermore, the question of the documents’ expiration date is not mentioned at all in the administrative offense provision. This can be compared to a similar situation in road traffic: While the police are allowed to check whether a first-aid kit is present, they cannot issue a fine for exceeding the expiration date. Only the TÜV (Technical Inspection Association) or authorities under the Medical Devices Act are authorized to check this.
We therefore assume that penalty notices against recreational boat skippers due to the lack of up-to-date nautical charts are unlawful and that legal remedies have a good chance of success.
Have you received such a penalty notice and would like to clarify the matter?
We’re happy to advise you!
Contact person at Yacht-Recht.de: Attorney Max Leßner