Registration requirements...

Q1. Under French regulations do British Flagged boats need to carry the original boat registration documents?

All sea-going vessels, except those classed as Beach Toys and tenders used for ferrying to and from vessels, are required under French law to be registered with the Maritime Affairs Authority (bye-law of 30th November 1999, article 1) and/or French Customs (Article 218 of the Customs Code), according to the size and power of the vessel.

Article L.5221-1 of the Transport Code requires vessels flying the French flag to carry their maritime navigation documents on board and Article L.5000-3 of the Transport Code applies the French registration rules to foreign vessels subject to compliance with international conventions. Whilst this legislation does not expressly require that the original registration document (as opposed to a copy) is carried on board the vessel, we are advised that it is a general principal of French Law that a requirement to carry documents will only be satisfied by carrying the original documents rather than copies.

Whilst a vessel remains in UK territorial waters there is currently no compulsory requirement for her to be registered. However, under the 1982 United Nations Convention on the Law of the Sea (the Montego Bay Convention) the freedom of the high seas is afforded to states rather than to individuals and a vessel wishing to exercise that freedom must accordingly be granted the nationality of a signatory state to UNCLOS. UNCLOS also requires that "Every State shall issue to ships to which it has granted the right to fly its flag documents to that effect" (Article 91-2).

Strictly speaking, therefore, a British vessel navigating outside UK territorial waters need not be registered but it must be in a position to produce proof of its nationality. In French territorial waters, the vessel must carry on board original documentation that proves its nationality. For all practical purposes, the simplest and most effective way of proving nationality is by producing the original Certificate of British Registry.

Q2. If the answer is yes under what regulation please and what is the range of fine?

For vessels flying the French flag, for class 5 infringements the Decree of 2 August 1960 imposes a fine of upto EUR 1.500 on anyone who puts to sea without the correct documents. For vessels flying a foreign flag, article 410 of the Customs Code, which applies unless there is a more severe punishment detailed in the code for the offence in question, provides for fines of between EUR 300 and EUR 3.000.

Q3. Are you aware of any fines being levied on British boats by the French Authorities?

We have heard of fines being imposed on vessels which have been unable to present the original registration document on demand. Most of the reports are anecdotal and have not been recorded, but we do know of a specific incident involving a vessel from an RYA Sea School.

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