Professional bodies for yacht brokers
The Yacht Brokers, Designers and Surveyors Association (YBDSA) incorporates ABYA
(Association of Brokers & Yacht Agents), YDSA (Yacht Designers & Surveyors
Association) and the PCA (Professional Charter Association). Membership has more than doubled in the last 10
years to include a number of overseas members and partners.
Initiatives such as a website, a Members Handbook, and a Customs Warehouse scheme are
among the improving services for members.
Training courses, specialist forums and seminars has also developed extensively over
the past ten years. CPD continuous professional development helps members keep up to date with both legal and
technical aspects of boat sales, ensuring their credibility both to the client and within the legal system.
Information related to buying and selling craft, surveying, certification, British registration is available
from the association.
Yacht brokerage courses
Yacht brokerage courses aim to provide a competitive edge in the
downturn.
With the downturn in the economy, ABYA’s intensive two-day Practical Yacht
Brokerage course aims to help yacht brokers enhance their professionalism
and maintain a competitive edge. Speakers on the course are all marine industry
professionals with extensive experience in their specialist fields such as marine law, insurance, surveying,
the internet and e-commerce.
Recreational Craft Directive (RCD)
Yacht brokers are governed by the RCD, a European Directive that applies to virtually
all recreational craft between 2.5m and 24m brought into or offered for sale in the EU market. It came into
force on 16th June 1998. Boats covered by the Directive are required to comply with specific ISO standards,
although equivalent standards may be applied. It is helpful to retain the compliance document with the boat's
papers for future owners and in case of any query.
Evidence of compliance will be found on the plaque provided by the boat builder which
will, amongst other things, give a HIN/CIN (Hull/Craft Identification Number). This is a 14-digit number
containing the manufacturer's code, year of build and model year. There should be a paper document as well -
often found in the back of the owner's manual - whose details should agree with the plaque. The builder's
invoice and/or certificate may also give the HIN. You should see a CE mark.
There are a few exemptions from the RCD such as boats built solely for racing,
gondolas and commercial vessels (not recreational vessels used for charter, but vessels such as fishing boats
and workboats).
Yacht Importing
Boats being brought into use or placed for sale onto the EU market for the first time
must comply with the Directive at that time. Privately imported boats may need to be assessed for compliance
with the Directive on arrival.
Some US boats are built to the RCD and have the required documentation, but you need
to find out before you buy. It is worth noting the possibility that a newly-imported boat may not
economically be able to be brought to compliance, particularly if the engine does not meet the requirements.
Yacht surveyors can give professional guidance.
Boats built in the EU since 1998 should have documentation that they complied with the
RCD when first offered for sale, and the same is true of most boats imported through authorised dealer
networks.
Boats built prior to June 1998 within the EU, and which have not been sold outside the
EU and re-imported, are outside the requirements.
A vessel that has been supplied as a shell, or a "sailaway", or indeed built from
scratch by a home builder, can be exempted from the certification and documentation requirements of the
Recreational Craft Directive provided the builder retains ownership of the vessel for at least five years
from the date that the vessel was first "put into commission". Be aware that there are uncertainties around
the meaning of "put into commission"... yacht surveyors should be able to provide some guidance.
Hulls provided for fit-out should have an Annex 3 Declaration, which is the builder's
certification that the hull has been built in accordance with the RCD.
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