Nobody suspected anything bad when significant parts of the "Ordinance on the Revision of Licensing Regulations for Inland Navigation" came into force on 18 January 2022 (Federal Law Gazette I 2021, p. 4982). And why? Neither the associations, companies and media active in water sports and water tourism cared about a preliminary regulation whose name suggested that it would primarily regulate the interests of commercial shipping.
The fact that a further regulation was introduced with the aforementioned ordinance, which is published under the name "Verordnung über die Besatzung und über die Befähigungen der Besatzungen von Fahrzeugen in der Binnenschifffahrt" (Ordinance on Crews and on the Qualifications of Crews of Inland Navigation Vessels), in short: "Binnenschiffspersonalverordnung" - abbreviation: "BinSchPersV" - did not indicate at first glance that there could be a connection to recreational craft or even the recreational craft licence.
And so the BinSchPersV - with its 141 paragraphs and 33 annexes a veritable monster of a regulation from the house of Transport Minister Andreas Scheuer! - unchallenged for almost a year.
Late awakening
This changed on 29 December 2022: The Federal Ministry of Transport (BMDV) presented the "First Ordinance on the Amendment of Rhine Navigation Regulations and Other Provisions of Inland Navigation Law" and asked the industry and water sports associations to comment on it by 26 January 2023.
As the associations had not been involved in the development of standards and regulations until then, it is only now becoming apparent that the recreational craft sector is affected by the BinSchPersV in many respects.
Associations are upside down
Essentially, it concerns the introduction of the so-called "small boat certificate" on 18 January 2022 and the transitional periods and transfer modalities specified in Section 130 BinSchPersV. According to this, vessels with a length of less than 20 m used for commercial, professional or official purposes may no longer be operated with a recreational craft licence, but only with a small craft certificate.
The associations are upside down: BinSchPersV and the small boat certificate become the dominant topic during boot in Düsseldorf.
In a statement drawn up under great time pressure, the associations propose "suspending the enforcement of Section 130 BinSchPersV until a number of ambiguities have been resolved and until the legislator has any further facts available to weigh up the legal interests involved." The regulation is also criticised for "grotesquely contradicting the fundamental efforts to deregulate leisure shipping".
An online meeting will be held on 15 February 2023, attended by ten association representatives and four ministry employees.
Hair-raising argumentation of the ministry
The minutes of this meeting, which are available to us, reveal the ministry's hair-splitting reasoning in several places. The introduction of the small craft certificate is justified as follows: "The small craft certificate closes a regulatory gap and thus ensures the safety and ease of shipping traffic. Skippers who operate a vessel for commercial, professional or official purposes should be aware of their special responsibility and have the knowledge and skills to be able to survive in the rapidly changing world of shipping due to innovations. Business use differs from recreational use in that a vehicle is driven more frequently, more regularly and under time pressure, which results in greater risks and increased responsibility for the driver".
The ministry does not provide any reliable data on these theories. Instead, it admits: "There is still no centralised recording of accident figures, so there is no evidence of accidents involving vehicles under 20 metres in length.
The Ministry expressly rejects the false, originally widespread claim that the small vessel product serves to implement an EU directive. Not at all, because the commercial, professional and business use of vehicles under 20 metres is not the subject of the EU directive used as an alibi.
The BMDV expressly admits "that the recreational craft associations should have been involved in the run-up to the introduction of the small boat certificate, i.e. when the 'Ordinance on the new regulation of legal provisions governing the qualification of inland navigation' was issued in 2021." A retrospective reprimand for the then Transport Minister Andreas Scheuer.
Despite all assurances, the associations cannot follow the Ministry's position and state that there are no sufficient reasons for the introduction of the small vessel product and that there is therefore no need for regulation.
Claus-Ehlert Meyer from the German Boat and Shipbuilders' Association is particularly clear:
In my view, the new inland waterway personnel regulation is nonsensical, disproportionate, ill-considered and completely superfluous. It only creates problems and costs and improves nothing. It is as useful as a toothache."
A worried look The Association of German Sports Boat Schools also commented on the situation: "The small vessel certificate can pose a major problem for some VDS member schools: Especially for schools that work with seasonal staff, especially during the summer holidays, the additional effort and the associated costs are disproportionate."
Steffen Häbich, Head of ADAC Sportschifffahrt, is also sceptical: "In the opinion of the ADAC, the introduction of a small vessel certificate by the BMDV does not offer any added value for consumers. At the same time, we fear that the effort involved for the industry will lead to rising costs."
On 21 February, the BMDV presents a revised version of the amending ordinance, in particular § 130 BinSchPersV. The associations respond on 3 March: "Although the undersigned associations and institutions are in favour of the changes made, we continue to fundamentally reject Section 130 and the introduction of the small boat certificate in its proposed form. In our view, the introduction is not necessary and the small vessel licence does not contribute to a significant increase in the safety and ease of traffic. At the same time, the industry will face a disproportionate amount of additional work to comply with the changes."
In addition, the associations describe the ordinance as "formally unlawful" because they "should have been involved when the ordinance was issued in 2021" in accordance with Section 47 (1) in conjunction with Section 62 (2) of the Joint Rules of Procedure of the Federal Ministries (GGO).
15 associations sign protest
The statement is signed by 15 associations, including the Federal Association of the Water Sports Industry (BVWW), the German Boat and Shipbuilders' Association (DBSV), ADAC, the German Olympic Sports Confederation (DOSB), the German Tourism Association (DTV), the German Motor Yacht Association (DMYV), the Association of German Yacht Charter Companies (VDC), the Charter Boat Working Group (AKC) and the Association of German Sports Boat Schools (VDS).
So, a good year after the BinSchPersV came into force, we are faced with a ruined regulation, the ruins of which can be read as follows at the time this issue went to press:
According to the latest version of § 130 BinSchPersV
- vessels of less than 20 m in length used for commercial, professional or official purposes may still be operated on sea and inland waterways in zones 1 to 4 with the recreational craft licence valid for the respective area of validity until 17 January 2025.
- From 18 January 2025, this will require a small craft certificate with the corresponding scope.
- Until 17 January 2025, the Directorate-General for Waterways, as the competent authority, must issue a small craft certificate with the corresponding scope of validity if the applicant presents their recreational craft licence and proof of commercial, professional or official activity and proves their identity.
Anyone wishing to purchase a small craft product from 18 January 2025 must
- be at least 18 years old,
- take a theoretical examination in which the examination parts "Navigation and traffic regulations", "Operation of the vehicle", "Maintenance and servicing" and "Health, safety and environmental protection" are tested in a multiple-choice procedure,
- demonstrate medical fitness and
- prove the necessary reliability by means of a police clearance certificate.
Skilled labour shortage by decree
"These superfluous regulations create a shortage of skilled labour by decree," comments Dagmar Rockel-Kuhnle, spokesperson for the Kuhnle Group. "In our charter company, 42 older skippers more or less regularly carry out the necessary instruction, maintenance and test runs with a sports boat licence. Where are these people supposed to come from if you need a small boat licence for precisely this activity from 2025?"
But the last word has not yet been spoken. Perhaps a cosy dwelling can still be created from the ruins of the ordinance: One would only have to follow the associations' suggestion: Remove the small vessel product from the ordinance and put it in the wastepaper basket along with Section 130.
If this does not happen, employees of water sports magazines who travel on behalf of their editorial teams to produce travel reports or for test purposes on pleasure craft will also need a small craft certificate from 2025.
As a person affected, I almost forgot that the recreational craft licence ordinance has also been amended as of 1 January 2023. Driving licence exemption limit for boats powered by an electric motor was reduced from 11.03 kW to 7.5 kW.
- The application to exchange a recreational craft licence for a small craft certificate is available here for download.
