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I was given and notified an administrative fine that I have not subscribed I was wondering if I should consider it equally notified?

The immediate withdrawal of a copy of the report by the offender is equivalent to notification of the same, notwithstanding (or thus excluding the circumstance) that the person withdrawing the document refuses to sign it (Section 1, Sentence n. 19025 dated 29th September 2005, Rv. 585 416)​

For the conduct of motor craft, for which no boating license is required, is it mandatory the identification document for the pilot and passengers? 

The current legislation of yachting does not require identification documents neither for the driver nor for any passengers. However, in the case of control by the competent authorities, as required by the rules on public safety, if it is deemed necessary, the controller has the right to follow procedures that may also lead to the detention of people. It is therefore a good idea to take along a valid identity document.​

​Do EU citizens who take leased units equipped with VHF equipment have to hold a license?

The certificate of radio telephone operator for navigation was introduced into the Italian law in response to a need for harmonization of international regulations. The issuing of such certification, in fact, is dependent on the possession of knowledge and general practices and attitudes, established at European level by the International Radio Regulations. Therefore, in this case it will be considered suitable any type of certification recognized by the EU country of origin, certifying the possession of the requirements for the use of VHF equipment, as established by international regulations.​

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​When is the boating license mandatory? 

Art. 39 paragraph 1 and paragraph 2, of Legislative Decree n. 171/2005 provides that a boating license for pleasure crafts with a length not exceeding twenty-four meters is mandatory in the following cases, in relation to the navigation actually carried out a) for navigation over six miles from the coast, or in any case on water motors; b) for inland navigation or navigation in the maritime waters within six miles from the coast, when on board a motor is installed with a cylinder capacity exceeding 750 cc if two-stroke carburetted, or 1,000 cc if outboard four-stroke carburetted, or at direct injection, or if 1,300 cc if inboard four-stroke carburetted, or 2,000 cc if diesel cycled, however, with a power exceeding 30 KW or 40.8 cv. Whoever takes command of a pleasure craft longer than twenty-four metres, must be in possession of a license for pleasure boating.​


Can foreign citizens pilot pleasure crafts in Italian territorial waters? 

The piloting of pleasure crafts by foreign nationals in Italian territorial waters is governed by Art. 34 of Ministerial Decree n. 146 dated 29th July 2008. Specifically, foreigners holding a licence or equivalent document from their own State can pilot, provided that it is free of charge, boats and pleasure vessels recorded in the Italian registers, and pleasure crafts within the limits of their licence.​

​​What power must an engine have to be considered auxiliary? 

On the basis of art. 58 of Ministerial Decree n. 146/2008 an engine is considered an auxiliary engine when it is installed out-board, having a power not exceeding 20% of that of the main engine, and is accompanied by the certificate or statement of engine power. The auxiliary engine is used in case of failure of the main engine and does not contribute to the calculation of the power and engine size to establish the requirement for a boating license.


​How do I start a boat rental business? 

The use of pleasure boats for the conduct of the business of leasing and hire is regulate d by art. 2 of Legislative Decree n. 171/2005. Specifically, paragraph 2 of such article subordinates this activity to the entry in the enrolment register with the indication of the type of commercial activity conducted (in this case, lease and rental), by the owners or operators exercising the activity (sole proprietorship or corporation) and details of their registration in the register of business of the competent Chamber of Commerce, industry, handicraft and Agriculture. The details of the entry must be reported on the navigation license of the vessel. In accordance with the circular letter n. 16E dated 30th May 2012 of the Inland Revenue, companies that conduct the business of renting and / or leasing are not required to pay the annual fee, but the renters or lessees, even for short periods, are obligated to pay.​


​What is the owner's manual of boat with CE mark?  

The owner's manual is a document with which a CE marked vessel is supplied, as required by section 2.5 of Annex II – Pleasure Craft Code (Legislative Decree n. 171/2005). It is not among the documents required for units not CE marked.​

​Is it possible to scrap a motor boat with a valid navigation license?

As stated in Art. 16 of Ministerial Decree n. 146/2008 the cancellation procedure from the records of a pleasure boat as a result of demolition, involves the presentation of a special application at the office of registration of the unit, together with the minutes compiled by the competent authority (Maritime Office of the place where the demolition takes place) and stating the event. However, as regards, the procedure you can contact one of the shipyards that have this service.​


​Is there paperwork in case I want to sell my boat? 

The pleasure crafts (units of length less than or equal to 10 m) are movable unregistered goods and therefore, they are not recorded in the public registers.  In cases of sale, in accordance with the provisions of the Civil Code, it is not required for them to have any registration or to make public transfer of ownership, provided that the same was not registered by the owner in the "RID" (Registry of pleasure crafts).​


​What is the annual fee for pleasure units? 

From 1st May 2012 for pleasure crafts with a length of more than 10 meters an annual fee has been introduced. The payment must be made no later than 31st May of each year and covers the period from 1st May to 30th April of the following year. The fee is reduced by half for units of length up to 12 meters used as the ordinary means of transport by the owners living in the towns and the smaller islands in the lagoon of Venice, and for sailing boats with an auxiliary motor. Concessions are also given according to the age of the boat. The tax also does not apply to units owned by institutions and associations which use them as capital goods of lease and rental firms, and to support units for the purposes of assistance and rescue (art. 16 of Law Decree n. 201/2011, converted into Law n. 214/2011 and amended by art. 60 B of Law n. 27/2012).​


Can I exceed the distance of 12 miles with my pleasure boat CE marked in favourable weather conditions?

The limits of navigation for CE marked boats are established by Art. 27, paragraph 4, of Legislative Decree n. 171 dated 18th July 2005, according to the design category (A, B, C, D). The criteria used to determine such limits do not take into account the distance from the coast, but the weather and sea conditions. It should, however, be borne in mind that the pleasure crafts, not being registered in the public registers, are not entitled to fly the Italian flag. According to the 1982 Montego Bay International Convention (implemented in Italy with Law n. 689/1994) a ship which sails in international waters without a flag is subject to the sovereignty of the warships of any nationality. Therefore, since unregistered vessels cannot avail themselves of the flag to which they belong, their navigation in international waters constitutes a risk to which the conductor exposes himself. Lastly, the navigation in the territorial waters of other states is governed by the sovereignty of the same and it is therefore always advisable to check with local authorities on the discipline applied.​


Can I pilot a pleasure craft for which a boating license is mandatory without having one?

It is possible to pilot a pleasure craft, for which a boating license is mandatory, even not possessing the licence, provided that onboard there is at least one person holding a boating license, taking responsibility for the operations of control and navigation. This takes into account the distinct meaning that is attributed, by custom, to the terms "command" and "conduct" of the unit. In fact, with the command you assume the responsibility for navigation and safety of the people onboard and the management of all the operations necessary for the navigation, which can also be delegated to third parties. In the latter case, therefore, the person in charge, in possession of the license or certification, may not coincide with the conductor at that time physically at the helm.​

​Can you embark on a pleasure craft used as a rental with the title of skipper of local traffic? 

The requirements for vessels used for hire are established by local ordinances issued by the Head of the port of registration, while for the control of marine boats and / or pleasure vessels, engaged in renting, you should refer to Ministerial Decree n. 121/2005. At the present time the possession of the title of skipper for local traffic does not allow the control of pleasure boats used for rental.​


​What is the documentation required for the use of marine VHF? 

The VHF equipment is mandatory onboard pleasure crafts sailing over six miles from the coast. As required by article 29 of Legislative Decree n. 171/2005, to use this device (fixed or mobile) you need the Exercise license RTF. The application for issuing the operating license installed on board vessels must be submitted, accompanied by the declaration of conformity, to the Territorial Inspectorate of the Ministry of Economic Development, having jurisdiction in the place where the applicant has his residence. The Inspectorate will issue an identification call sign that remains valid regardless of the unit that uses the VHF. If you want to use the product for public traffic you must sign a management contract (with licence fee) with one of the Companies of communication.​


​Do the boats have to be equipped with a safety certificate?

The safety certificate attests that the unit complies with the directives of the rules of safety depending on the type certificate. It is required for boats and pleasure vessels (units with hull length longer than 10 meters) and the vessels that are recorded in the public records of pleasure craft.​


Are those who have to take the test for a boat license authorized to practice piloting?

Art. 31 of Ministerial Decree n. 146/2008 indicates that those who have applied for admission to the examinations for the granting of boating license are authorized to exercise the control or management of marine pleasure crafts, within the limits of the authorization request, provided that there is a person onboard with a boat license issued at least three years before, with a licence at least equal to the one that the person aspires to achieve. They must have with them the copy of the application, completed by the visa of the maritime authority or of the civil motorization, which gives, accompanied by an identity document, permission to practice on board of the pleasure craft. This document is valid for three months, extendable for a further three months.​

​How do I get the Seaman's discharge book and what is it?  

​The seaman's discharge book is the working document of seafarers enrolled in the Seaman's Register that enables navigation and contains, in addition to personal data and the photo of the owner, any qualifications, honours, blood group, preparatory courses carried out, navigation on merchant ships of each type, flying the national flag or of another State, the navigation carried out with the dates and places of embarkation and disembarkation. The maritime personnel enrolled in the 1st and 2nd category is equipped with a seaman's discharge book, while the 3rd category is equipped with a paper of reconnaissance. The seaman's discharge book is the only document that qualifies for exercising the seafaring profession. For the third category of seafarers, such qualification is limited solely to the exercise of local traffic and coastal fisheries. The seaman's discharge book is also valid, for all purposes of the law, as the work book for the services rendered by the members of the Seamen's Register on board ships and crafts and is considered a personal identity document and valid passport for the needs connected with the exercise of the maritime profession. The seaman's discharge book is issued by the Harbour Master (and exceptionally by the local maritime office of Porto Santo Stefano) of registration and is consigned at the time of the first shipment of the new member, to the captain of the ship directly or through Maritime or consular office of the place where the ship is located.​

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