
Public hearing procedure for safety regulations for recreational ships
Public hearing procedure for safety regulations for recreational ships

This draft legislation aims to update and rationalize the safety elements with the intention of modernising our legislation in this area.
The General Directorate of the Merchant Navy makes public the text of the draft Ministerial Order regulating the safety and pollution prevention equipment of recreational vessels and which will replace the current Order Fom 1144 / 2003.
The technological development of equipment to be installed on recreational craft and the recent policy update on recreational craft recommended a new regulation that combines the factors and circumstances that allow for the better development of the nautical recreational sector.
Among other issues, the text highlights the extension of the life raft review from one year (according to the current standard) to the time limit recommended by the manufacturer, at intervals that may never exceed 36 months.
Another of the new developments of this Order is that its scope extends to foreign recreational vessels that sail through waters under Spanish sovereignty, provided that their owners or employers have a genuine link with Spain; in order to prevent recreational vessels from being used in other flag States with more laxity of safety and pollution prevention requirements.
Finally, there is an addition to the penalty regime, which sets out specifications and gradations to the table of offences and sanctions set out in Title IV of the third book of the Consolidated Text of the Law on State Ports and the Merchant Navy, in order to facilitate the application of that regime in the aspects covered exclusively by this Order.
From the management of the nautical sector, ANEN, we believe that, without prejudice to the fact that there are still issues that are being improved, the publication of this rule will be a further step in the modernization of the nautical sector, as well as giving it greater legal certainty by establishing a rational and limited sanctions regime. For all this, we are confident that the future Order will be able to see the light as soon as possible.
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