The Recreational Craft Regulations 2017 (SI 737) as Amended
The Recreational Craft Regulations (RCR) are UK law that applies to all craft in scope when first placed on the UK market or put into service on the UK market, this includes all new craft and second hand craft brought into the UK regardless of age. It can also apply to craft that may have been used as commercial craft before being put on the recreational market regardless of age, and craft having undergone Major Craft Conversion.
The Recreational Craft Regulations (RCR) are UK law that applies to all craft in scope when first placed on the UK market or put into service on the UK market, this includes all new craft and second hand craft brought into the UK regardless of age. It can also apply to craft that may have been used as commercial craft before being put on the recreational market regardless of age, and craft having undergone Major Craft Conversion.
The Recreational Craft Regulations 2017 as amended can be found on the UK Government website.
The Recreational Craft Directive is a European Directive that applies to all craft in scope when first placed on the European market or put into service on the European market, this includes all new craft and second hand craft brought into the EU (e.g. from China, USA or the UK). It can also apply to craft that may have been used as commercial craft before being put on the recreational market, regardless of age. Its primarily aim is to remove barriers for trade between countries. In the UK the RCD does not apply, instead the UK has the Recreational Craft Regulations (RCR) and is a nearly exact copy of the RCD.
In a word, yes. Instead of being referred to as the RCD, it is now the Recreational Craft Regulations (RCR) and applies in the same way as the RCD when we were in the EU. At the moment there is little difference between the RCR and the RCD in terms of boat building requirements.
The RCR only applies when the craft in scope is first placed on the market or put into service, and in certain circumstances if it undergoes Major Craft Conversion (this type of conversion is as laid out in the RCR). There is no on-going requirement for the craft to remain compliant with the RCR.
If brand new, then no. When brand new, the craft should include: a Declaration of Conformity; Owner's Manual; Builder's Plate (including a UKCA mark); and a Watercraft Identification Number (WIN). The WIN has to be permanently fitted to the craft (such as stamped in the hull). Make sure that you see these before buying the boat.
If not brand new then, unless built before 1998, you may question why there are no obvious signs of original compliance with the RCR (or RCD), and there may be good reason.
It is not against the law to sell a second-hand boat, as the RCR only applies when the craft in scope is first placed on the market or put into service (an example of being 'put into service' would be when used as a hire boat). So, if being sold as second-hand (no matter the age) it does not have to comply with the RCR: unless imported; an ex-commercial craft; or having undergone Major Craft Conversion.
If a craft is entirely built (including the shell) by a DIY boatbuilder only for their personal use it is excluded from the RCR provided it is not placed on the market within 5 years of its first use as a boat. The boat does not have to be complete for the 5 year period to start, but does have to have been used as a boat (e.g. cruised on a waterway).
This '5-year rule' does not apply to sailaway craft that have been completed by the first owner, as such craft have to be assessed under Post Construction Assessment.
A boat passing from a professional builder to the first owner, if it can be used as a recreational craft (which is not based upon the stage of build, instead the ability to use the craft), must include a Declaration of Conformity, Builder's Plate and Owner's Manual. The boat must include a WIN and a UKCA mark.
Previously boats deemed to be only part-built would have been supplied with an Annex IIIa declaration for a part-completed boat, which is no longer the case. A part-completed boat passing from a professional builder to another professional builder can be under Annex III paperwork.
In a word, no. There are certain aspects of the Boat Safety Scheme requirements that are additional to those of the RCR. However, boats built to the 'Designated' standards supporting the RCR will be fully acceptable. There may be new craft that are supplied with a Declaration of Conformity to the RCR (showing compliance with the RCR) and a BSS Certificate to show compliance with the Boat Safety Scheme. This is perfectly acceptable. However, a BSS Certificate alone does not show compliance with the RCR.
According to the Recreational Craft Regulations, a Major Craft Conversion is ” … a conversion of a watercraft which changes the means of propulsion of the watercraft, involves a major engine modification, or alters the watercraft to such an extent that it may not meet the applicable essential safety and environmental requirements ...”.
According to British Marine:
If a recreational craft was outside the scope of the RCR (or RCD) when built, then no modification can bring it into the scope.
The person responsible for putting the modified boat back into service or on the market is responsible for the decision about whether the modification is major or not.
The decision as to whether the modification is major or not shall be based upon a risk assessment.
A craft having undergone a Major Craft Conversion has to then undergo Post Construction Assessment.
The RCR only applies when a craft that is in scope is first placed on the market or put into service, and in certain circumstances if it undergoes Major Craft Conversion (this type of conversion is as laid out in the RCR). There is no on-going requirement for the craft to remain compliant with the RCR.
As the name implies, this is assessment of the craft when it is not newly built by a professional boatbuilder. It applies to such as:
When a sailaway craft has been worked-on by the owner and is then placed on the market or put into service, no matter the age; or a craft has undergone Major Craft Conversion.
Surveyors trained by an Approved Body can undertake Post Construction Assessment with a subsequent certificate issued by the Approved Body.
We can offer assistance for Post Construction Assessment submission to an Approved Body.
RCD stands for the Recreational Craft Directive, and RCR stands for the Recreational Craft Regulations. They are almost identical. Now that the UK has left the EU, it is the RCR that is the legally enforceable version.
RCR in relation to boatbuilding regulations is reference to the Recreational Craft Regulations. RCR in relation to boat rescue is a reference to River & Canal Rescue and this service has no connection with boatbuilding regulations.
The Recreational Craft Regulations 2017 (SI 737) as Amended
A new vessel to be sold or first used has to comply with the Recreational Craft Regulations (RCR), no matter the stage of build. These Regulations stipulate Essential Requirements (ERs) which have to be met and conformity with the ERs allows the craft to be UKCA marked. In simple terms, under the Regulations, all boats when first used, sold or transferred in the UK, for recreational purposes, must meet the ERs and be UKCA marked – by law.
However, it should be noted that the Regulations only relates to the first use, sale or transfer, with no requirement for compliance with the Regulations after that date, unless the craft goes through Major Craft Conversion. Furthermore, there is no requirement for a vessel UKCA marked when first used, sold or transferred to be maintained to the Regulations. Therefore, the UKCA marking of a second-hand craft for sale does not guarantee that it is fit for the purpose or has been maintained to any particular standard.
The ERs include those aspects involved with:
Vessel Structure |
Anchoring, Mooring & Towing |
The vessel must also include:
Watercraft Identification Number (WIN), Builder's Plate and Owner's Manual.
The boat builder, or whoever places the vessel on the market, or transfers the craft, must show that the ERs have been addressed. This can be by reference to published standards, such as British Standards, or other means, such as documented history of satisfactory performance. The Boat Safety Scheme (detailed elsewhere) can not primarily be used as a reference.
The new UKCA marked boat must carry a Declaration of Conformity, which should include:
Manufacturer's name & address
A description of the craft
Details of the standards used to satisfy the ERs
Authorised Signatory
Part-completed craft have to be UKCA marked to show conformity to the RCR when ownership transfers from the professional builder to the first owner. A Declaration of Conformity to Annex IV is required from the builder for such craft, along with an owner's manual.
There are a number of types of craft excluded from the RCR, including:
Surfboards
Experimental craft
Air cushion vehicles
Canoes, kayaks, gondolas & pedalos
Submersibles
Hydrofoils
Replicas of historic craft designed before 1950, using original materials
Craft built for own use (no matter how old) has to go through Post Construction Assessment.