Last November, the Italian Cabinet approved a legislative decree importing several relevant changes to the Boating Code of 2005 (D. Lgs of July 18^th 2015, n. 171). Among such innovations, there are some that are to be considered of absolute importance, like: the unification and digitalisation of the boats registers; the institution of the Boat Licences Register; the introduction of a new classification for boats; the creation of the two new professions of boat broker (mediatore da diporto) and sailing instructor; and the new regulation for the services of assistance and towing (assistenza e traino).

However, with its more than 60 articles, the decree contains also many other interesting innovations that certainly are worth of mentioning. It is the case of the new provisions introducing more severe fines, but it is also the case of the newly recognised right for  boats to moor for free in marinas. Moreover, it is not to forget that the new law also make the opening of nautical schools considerably easier than it was before and that it establishes the “day of the sea”.

What follows is just a brief overview of some of the most relevant figures of the new law.

Digitalisation and bureaucracy lightening of the System

One of the main features of the decree is certainly to be found in the creation of a central digitalised system through the establishment of a Central Digitalised Boats Register. The importance of such innovation consists not only in the transition from paper documents to electronic ones, but also in the fact that all the activities once demanded to several diverse maritime authorities relates now only to the one and only authority who is responsible for the Central Register.

For the future, a boat owner needing to register the purchase and the transfer of it, or to request the traffic licence, or even its renewal, will only have to go to a Boat Digital Desk that will be found not only at the maritime authorities offices, but also at the vehicle registration office and at the marine agencies.

The same desk will become recipient of the request of the registration of the “lost of possession” that is reserved to the victims of  theft, robbery, fraud, embezzlement. It must be noticed, however, that the “lost of possession” can be asked also by virtue of any judicial authority decision stating the lost of possession or in reason of the termination of the lease agreement.

With particular regard to the lease contract, it is to mention that the decree introduces a significant innovation. In fact, pursuant to the newly drafted article 15-bis it is now made possible, not only to the owner, but also to the lessee to ask for the registration of the boat.

The Boat Licences Register

Through the newly introduced article 39-bis the Boat Licences Register at the Ministry of Transport is created. On this particular new register, which has the declared aim of collecting data in order to make navigation safer, are gathered together all the details and information about the status of the users and the relating modifications.

In particular, for every licence owner the registration will entail: personal data; data about the release of the licence and all the possible subsequent administrative procedure (i.e. revocation, suspension and renewal); data about violations of the law which are susceptible of determining suspension or revocation of the licence; data relating to any maritime tort claims about which with the ascertained responsibility of the licence owner. The register is not open for the public and it is intended to be reserved only to the subjects listed in article 39-bis.

New Classification of Boats

The old version of article 3 is now replaced with a new one that modifies the previous classification of boats. Originally there were only 4 categories that now become 7. No changes are made about the category of “imbarcazione” e “natante”, while the old category of “nave da diporto” is now divided into: major ones (“nave da diporto maggione”), minor ones (“nave da diporto minore”) and  minor vintage ones (“nave da diporto d’epoca minore”). A further addition to the list is made through the creation of the new category “Jet ski”.

Boats broker, Sailing Instructor and other newly introduced professionals

Through the introduction of the newly drafted Section II-bis, headed “professionals of the boat field” made by article 33 of the decree, among the creation of some other new roles, it is provided the regulation of the profession of the boats broker. According to article 49-ter,  the boat broker is the subject whose activities put together two parties for the conclusion of sale and purchase, lease and building agreements relating to a boat or its part.

The requirements that a person must have, in order to be admitted to the profession, are specified in article 49-quarter as: the EU citizenship, the legal age and the possession of other moral and professional requirements. For what it is not provided by the decree, the regulation contained in article 1754 e ff. of the Italian Civil Code is applicable.

However, the one of the boat broker is far from being the only profession introduced with the new legislative decree. In fact, in article 49-quinquies et ff., the decree provides a shape to the new profession of sailing instructor. Pursuant to the aforementioned article, this professional is described as the subject who teaches, to persons and/or group of persons, the skills required by any of the different sailing navigation techniques, no matter the boat he uses and the place of sailing (sea, lakes, river, etc) he chooses. In order to provide his service in a professional way, the sailing instructor is required to be listed in a newly created special register at the Ministry of Transport. The listing is reserved to those who possess: the legal age; the EU citizenship; a high school diploma; and a sailing skills teaching certificate released by the Italian Navy, the Italian Sailing Federation (FIV) or the Italian Naval League (Lega Navale Italiana).

It is also to be noticed, that article 36-bis introduces also the title of “second class officer of the deck” (ufficiale di navigazione da diporto di seconda classe) that can be obtained by passing an exam. Unfortunately, the framework of such exam is not defined yet.

Services of assistance and towing

Other relevant figure of the recent legislative decree consists in the legal framework provided for the services of assistance and towing. According to the newly introduced article 49-duodecies the services can be provided by private parties, being them either natural persons or companies, cooperatives and groups of linesmen ex art. 14 of Law n. 84 of 1994, provided that these such subjects possess a valid insurance policy and that the communication ex art. 68 of the Navigation Code has been made.

The services can be made for boats of a maximum length of 24 meters and may consist in: mechanical, hydraulic and electrical repairs; on board delivery of replacement parts; various services enabling boat navigation (i.e. refloating); any other services susceptible solving problem occurred to the boat capacity of navigation.

It is also consented to the service providers, to organize and make their intervention on board and, if safe, to tow the boat to closest area equipped to do the required works. In any case, the provider is required to contact immediately the authorities if there is any danger for people or navigation. Technical requirements relating to the skills required to the provider of services and their boats are to be released further on.

The simplification of the procedure of opening of nautical schools and the related requirements

The decree notably simplifies the opening of nautical schools. In order to open such institutions, from now on, it will become sufficient to provide the certified notice of commencement of the activity (Segnalazione Certificata di Inizio Attività). As for the teaching, apart form the moral requirements, a qualification not lower than the one of officer of the deck (“ufficiale di coperta”) or watercraft captain (“capitano di diporto”) is required. There are, indeed, other subjects who are enabled to teach. It is the case of: higher officers of the bodies of certain naval authorithy who are free from the office from at least 5 years and of those persons who have the boat licence from over 10 years. The teaching of the sail navigation, instead is now reserve to the new profession of the sailing instructor. It is also worth mentioning that the decree dictates some requirements relating to both the teaching materials and the rooms to be utilized during the lessons.

The regulation of the right to a free harbourage

The newly introduced article 49-nonies states that marinas, in the days between June 15^th and September 15^th of every year have to reserve 8% of their free moorages for the boats navigating the area.  During the remaining part of the year percentage is different and it is calculated on the number of moorages that the marinas dispose. Within the application of the aforementioned percentages and number of free moorages the right to moor for free is regulated as follows. The moorage, for not more than 3 times for each month has to be for free for the boats coming for harbourage, for a period of time that cannot be minor of 4 hours per day between 9.00 am and 7 pm.

Fines and sanctions

In spite of the several positive innovations it introduces, the new code may not receive a very warm welcome by the yachtsmen. Its welcoming may be in fact influenced by the number of fines and sanctions it creates. More specifically, new rules import fines up to 11,017,00 Euros and sanctions consisting in the loss  (suspension and revocation) of the license.

The day of the sea

To conclude this brief overview, the decree establishes the “day of the sea” as a day in which Schools can celebrate through different initiatives the culture of the sea. The day chosen is April 11^th coinciding with the day of the accidents occurred to the oil tanker “Heaven” in the Sea of Genoa.