Maritime Regulations and Procedures for Recreational Boats
1. Certificate of Seaworthiness
The certificate of seaworthiness certifies that a boat fulfills the conditions required by regulation. It provides evidence of surveys, class, and the date of the next survey. The Maritime Administration issues it after initial recognition. Vessels with CE marking are exempt, and the certificate is automatic.
2. Boarding: Definition and Legislation
Boarding refers to a collision with any object at sea. In such cases, authorities (maritime authority, insurance company) must be notified, and a sea protest must be filed with the responsible court, along with the ship’s role or license.
3. Logbook
The logbook is a numbered and sealed book with an explicit note of the number of pages it contains. The captain records all events that occur on the vessel during navigation, including navigational data, damage, disciplinary measures, etc. The logbook is the sole responsibility of the captain, and only they can write in it. Maritime authorities may request it in case of sinking, and the captain is responsible for its accuracy.
4. Meaning of Flags Q and O
Flag Q (Quebec): Square yellow background, Morse signal – .- , meaning “My ship is healthy.”
Flag O (Oscar): Half red, half yellow square (two triangles), Morse signal —, meaning “Man overboard.”
5. Territorial Sea
The territorial sea extends from the baseline (taken at low tide) or from the sea-land area where there are no baselines, up to 12 nautical miles. The coastal state exercises full sovereignty within this area. Ships in these waters have the right of innocent passage.
6. Peripheral Maritime Administration
The Peripheral Maritime Administration is a local office of the central government, under the authority of the maritime captaincy. They are responsible for maritime inspection, office administration, recreational marine records, and maritime safety and pollution control. They are typically located in areas with marinas and fishing fleets.
7. Legal Difference Between Towing and Salvage
The legal difference between towing and salvage is the presence of danger. Towing in a dangerous situation is considered salvage. There are two types of towing: contractual and casual. In casual towing, the tugboat is entitled to a reward if the maritime adventure is successful. The reward should not exceed 1/3 of the towing value. The distribution is typically 2/3 for the captain and 1/3 for the crew.
8. MARPOL Regulations on Discharges at Sea
The MARPOL Convention is an international agreement to prevent water and environmental pollution. Annexes 1, 4, and 5 of the agreement list the main restrictions:
Annex 1: Prevents pollution by oil and oily water (prohibits their discharge).
Annex 4: Prevents pollution by sewage from ships (prohibits their discharge, mandates chemical toilets and MARPOL containers).
Annex 5: Prevents pollution by garbage from ships (prohibits the disposal of plastics, regulates the disposal of other waste based on distance from shore).
9. International Code of Signals
The International Code of Signals includes 24 alphabetical flags, 2 substitute flags, 10 numeric pennants, 3 substitute pennants, and repeater pennants. Signals can be displayed using flags, flashes (Morse code), sounds (Morse code), arm signals, and radio voice (with or without flags).
10. Straight Baselines
The baseline is the straight line joining the natural entrance points of a bay at low tide, with a longitudinal distance of less than 24 miles. It is the imaginary line dividing internal waters from the territorial sea. They are regulated by decree and form part of the national boundary.
11. Rescue According to Law 60/1962 of December 24th
Article 1 defines salvage as any act of assistance provided to a seagoing ship, cargo, or freight in danger. Key elements are the existence of aid, its voluntary nature, the presence of danger, and the helpfulness of the act. Rescue is mandatory by legal and moral obligation as long as there is no danger to the rescuer. Voluntary rescue may entitle the rescuer to compensation, a prize (depending on the merits of the rescue and the value of the saved property), and remuneration (which may be fixed or determined by the Central Maritime Court). The distribution is typically 1/3 for the vessel owner and 2/3 for the crew.
12. Meaning and Signaling of the Letter L
The letter L (Lima) is a flag with two yellow and two black squares. Its Morse code signal is ..-. and it means “Stop your vessel immediately.”
13. Periodic Inspections
Boats under 6 meters in List 7 require a single inspection during their lifetime. Boats from 6 to 15 meters in List 7 require inspection every 5 years (dry inspection). Boats from 6 to 15 meters in List 6 require an additional inspection every second or third year (may be wet). Boats from 15 to 24 meters in Lists 6 or 7 require inspection every 5 years and an additional inspection every second or third year (two dry inspections). Vessels over 24 meters are inspected as merchant ships.
14. Peripheral Maritime Administration: Harbor Master Functions and Categories
The Peripheral Maritime Administrations are local offices of the central government. Each province has a maritime captain, and maritime districts depend on them. Their functions are divided into three main areas: maritime inspection (shipbuilding, maintenance, radio operations), clearance and registration (commercial and fishing vessels, recreational marine, new buildings), and maritime safety and pollution control (vessel traffic, navigation, pollution).
15. Rescue: Concept and Property Rights of Saved Effects
Article 1 defines salvage as any act of assistance provided to a seagoing ship, cargo, or freight in danger. Key elements are the existence of aid, its voluntary nature, the presence of danger, and the helpfulness of the act. Rescue is mandatory by legal and moral obligation as long as there is no danger to the rescuer. Voluntary rescue may entitle the rescuer to compensation, a prize (depending on the merits of the rescue and the value of the saved property), and remuneration (which may be fixed or determined by the Central Maritime Court). The distribution is typically 1/3 for the vessel owner and 2/3 for the crew.
16. Exclusive Economic Zone
The exclusive economic zone extends from the baseline (12 miles territorial sea + 12 miles contiguous zone = 24 miles total) up to 200 miles offshore. The coastal state exercises limited sovereignty within this zone, with rights to explore and exploit natural resources.
17. Registration of Pleasure Boats Under 24 Meters
Pleasure boats under 24 meters can be registered in List 6 (sporting or recreational craft for profit) or List 7 (pleasure boats, recreational fishing, non-profit). The first page of the registration book includes a photograph of the vessel and its data. Required documentation includes purchase invoice with VAT, worksheet or manual copy, motor debit certificate (if not from the EU), excise duty settlement, ID card copy, CIF or NIF, radio installation permit, and proof of payment of fees to the port authority. Specific cases may require additional documentation (e.g., sales contract for used boats, de-registration certificate for boats from the EU).
18. Towing at Sea
Towing in a dangerous situation is considered salvage. There are two types of towing: contractual and casual. In casual towing, the tugboat is entitled to a reward if the maritime adventure is successful. The reward should not exceed 1/3 of the towing value. The distribution is typically 2/3 for the captain and 1/3 for the crew.
19. Contiguous Zone: Limits and Nature
The contiguous zone is an area adjacent to the territorial sea, extending 12 miles beyond it. The coastal state can take measures to prevent and control the violation of its laws within this zone, although its use is public.
20. Towing and Rescue: Legal Differences
The legal concepts of towing and rescue are ambiguous. Assistance to persons is mandatory, both legally and morally. Rescue, as defined by law, is assistance at sea or inland waters to a ship, aircraft, persons, or things on board, to remove them from danger. There are various types of rescue: mandatory (e.g., for stranded persons) and voluntary (e.g., spontaneous rescue, contractual salvage). When rescuing goods (ship, freight, etc.), there is a right to compensation in both towing and rescue (if successful). Remuneration depends on the saved property and is calculated based on the merits of the rescue and its value. The distribution of remuneration typically involves compensation for damages to the rescuing vessel and a share for the shipowner and crew.
21. Sea Protest
The sea protest is a declaratory document made by the captain of a vessel, recounting events and circumstances to avoid causing harm to the vessel and crew. The description of events should coincide with the logbook entry. It is mandatory in cases of shipwreck, hull damage, collision, or loss of cargo.
22. Liability Insurance: Compulsory Risks Covered
Liability insurance is mandatory for pleasure boats. It covers liability arising from personal injury and material damage to third parties, ports, and marine facilities, resulting from collisions and the use of boats. It does not cover towing, which requires an expanded policy.
23. Meaning of Flag K
Flag K (Kilo) is a square flag with two transverse sections, one yellow and one blue. Its Morse code signal is -. – and it means “I desire to communicate with you” or “Invitation to transmit.”
24. Discharge System and Discharges into the Sea for Pleasure Boats According to FOM/1144/2003
Discharge regulations are listed in Annexes 1, 4, and 5 of MARPOL:
Annex 1: Prevents pollution by oil and oily water (prohibits their discharge).
Annex 4: Prevents pollution by sewage from ships (prohibits their discharge, mandates chemical toilets and MARPOL containers).
Annex 5: Prevents pollution by garbage from ships (prohibits the disposal of plastics, regulates the disposal of other waste based on distance from shore).
25. Registration of Ships: Procedure
The registration number is a unique alphanumeric code that identifies a vessel. It consists of the list it belongs to, the maritime province (letters), the maritime district (number), the page, and the year. Boats under 2.5 meters are not registered. Required documents for registration include purchase invoice with VAT, worksheet or manual copy, motor debit certificate (if not from the EU), excise duty settlement, ID card copy, CIF or NIF, radio installation permit, and proof of payment of fees to the port authority. Specific cases may require additional documentation (e.g., sales contract for used boats, de-registration certificate for boats from the EU).
26. Maritime Register: Nature, Organization, and Content
The central maritime register is maintained by the Directorate General of Shipping and contains records of all ships. The Spanish system is dual and mandatory. Ships must be registered in the shipping register and the property register. The maritime register is organized into the central shipping register and the enrollment records of each maritime captain. There is also a special maritime register for ships and shipping companies in the Canary Islands.
27. Recognition and Inspection of Recreational Craft: Skills, Classes, Inspections
Boats under 6 meters in List 7 require a single inspection during their lifetime. Boats from 6 to 15 meters in List 7 require inspection every 5 years (dry inspection). Boats from 6 to 15 meters in List 6 require an additional inspection every second or third year (may be wet). Boats from 15 to 24 meters in Lists 6 or 7 require inspection every 5 years and an additional inspection every second or third year (two dry inspections). Vessels over 24 meters are inspected as merchant ships.
28. Inland Waters
Inland waters are located from the baseline inwards, including inlets, bays, and roads. The coastal state has full sovereignty over these waters, as if they were part of its territory, and may prohibit navigation within them. Vessels navigating in these waters are subject to the coastal state’s laws, regardless of their flag.