Legal matters

[bowten]

Not impossible,find a surveyor/examiner who can with authority do the RCD paperwork and he can guide you through the process.I have had to do this twice.The RYA can also help with the boat identification number.

Get the builder to give them a copy of the annexe 3,that's the hull covered.If the boat has not been finished by the late owner because of his demise I feel that even Trading Standards would not be against the new owners finishing the fit out to the BSS standard.As I have said I have had to do this myself when the shell builder 'disappeared'.

[Rob@BSSOffice]

Get the builder to give them a copy of the annexe 3,that's the hull covered.If the boat has not been finished by the late owner because of his demise I feel that even Trading Standards would not be against the new owners finishing the fit out to the BSS standard.As I have said I have had to do this myself when the shell builder 'disappeared'.

 

You may want to read the Hants TSD information.

 

As the boat has now been sold, from what I understand of the TSD information, the option you suggest no longer exists. But people in this position should read the information for themselves and seek independent professional legal advice.

 

Post-construction CE marking is available as a service and I am aware of two providers to the inland market [Jonathan Leask and CE Proof] but there may be others. It will need the involvement of a notified body, but as far as I am aware, the CE marking consultants will encompass that element within their services.

 

hope this helps

Rob

[Paul C]

As my answer in your other thread, a Morco CAN be fitted, it will just prevent compliance with RCD. To comply with RCD, the gas installation must comply with PD5483 2005 pt III, IIRC. PD5483 2005 pt III says open flue gas appliances may not be installed, or something to that effect.

 

The important question is whether the owners actually need it to comply with RCD, or if they give a damn. As they have already demonstrated, it is perfectly possibly for a boat without RCD compliance to be sold.

 

I also bought my last boat without RCD compliance, and sold it again also without compliance. I didn't care about the absence of RCD documentation when I bought it, nor did the person I sold it to. It wad the right boat for each of us at the time.

 

Mike

 

P.S. A Gas Safe plumber CAN fit it, I fitted mine for example. Only those who don't understand the regulations will refuse.

 

What was the situation with obtaining insurance for the boat? Any hassles or requirements to be met? Any clauses in the insurance T&Cs which effectively nullify it?

[Chris Pink]

You may want to read the Hants TSD information.

 

As the boat has now been sold, from what I understand of the TSD information, the option you suggest no longer exists. But people in this position should read the information for themselves and seek independent professional legal advice.

 

Post-construction CE marking is available as a service and I am aware of two providers to the inland market [Jonathan Leask and CE Proof] but there may be others. It will need the involvement of a notified body, but as far as I am aware, the CE marking consultants will encompass that element within their services.

 

hope this helps

Rob

 

Thanks Rob, useful link.

 

Points arising: at the point this boat was first used as a recreational craft it required a CE mark. This can be arrived at retrospectively. The Hampshire site is strong on the former point.

 

Subsequent work needs to be done to BSS standard but not to the RCD. Therefore the applicable date becomes quite important.

 

Does the RCD apply to residential craft and how are these defined?

[bowten]

The RCD applies to all craft if sold within the first 5 years for whatever use.

[MtB]

Not impossible,find a surveyor/examiner who can with authority do the RCD paperwork and he can guide you through the process.I have had to do this twice.The RYA can also help with the boat identification number.

 

Are you saying a surveyor can issue the Annex III document now instead of the (dead) hull builder?

[bowten]

Are you saying a surveyor can issue the Annex III document now instead of the (dead) hull builder?

No.I don't see anything in the post to presume the hull builder is dead like a parrot,however I may be wrong but I haven't the time to look again as I am going for a pint or three.Is it not the 1st buyer of the hull that is dead like the parrot.Anyone with a bit of knowledge will be able to work around the problem of not being able to get the annexe or there would be many boats built in the last few years turning to rust on the side of the cut.A bit of knowledge can be a dangerous thing,however in this case I don't think there is any danger of the new buyers losing their boat.

[MtB]

No.I don't see anything in the post to presume the hull builder is dead like a parrot,however I may be wrong but I haven't the time to look again as I am going for a pint or three.Is it not the 1st buyer of the hull that is dead like the parrot.Anyone with a bit of knowledge will be able to work around the problem of not being able to get the annexe or there would be many boats built in the last few years turning to rust on the side of the cut.A bit of knowledge can be a dangerous thing,however in this case I don't think there is any danger of the new buyers losing their boat.

 

You replied to my post, contradicting it, where I said "It is IMPOSSIBLE if the hull builder point blank refuses to sign an Annex III declaration, as happened to me when I attempted to complete the RCD on mine."

 

My hull builder not only told me "I'm not signing NOTHING" when asked for an Annex III, but died shortly after. I put a helluvalot of effort into working around the probvlem at the time, then sold the boat to someone who didn't care.

 

I think you have no idea what happens when the hull builder no longer exists to sign the Annex III.

[Chris Pink]

In this case the builder is alive and kicking, it's the purchaser of the sailaway who isn't and his executor or heir who committed the illegal sale.

 

I would, at this stage, see no barrier to obtaining the Annex 3 declaration.

 

On the continent the other side of this set of laws, that of VAT on boats 'brought into' EU waterways is strenuously enforced but I've never heard of anyone in the UK being required to remove their boat for lack of a CE mark.

 

 

 

..

Edited October 25, 2012 by Chris Pink

[bowten]

I think you have no idea what happens when the hull builder no longer exists to sign the Annex III. I have told you that it had happened before.If for some reason the hull builder does not supply the annex then you can put your own on and get a CIN number from the RYA,however you must be quite sure the shell is perfect and is designed to the annnex 3 as you will be the one that is liable.