RCD and RCR as we understand it in 2024 – but please make your own enquiries
Industry terminology/Jargon
RCD – Recreational Craft Directive:
- EU Directive 94/25/EC – Introduced (optional) on the 16th June 1994 and put into force (mandatory) on the 16th June 1998; also,
- EU Directive 2003/44/EC – Update of original RCD and put into force (mandatory) on the 1st January 2005 for selected products amending Directive 94/25/EC.
- EU Directive 2013/53/EU – Published December 28th 2013 and came into force on the 17th January 2017.
RCR – Recreational Craft Regulations:
The EU Directives were transposed into UK law, EU Directive 2013/53/EU came into force on the 3rd August 2017. Sometimes referred to as RCD II.
MCC – Major Craft Conversion:
It is now the case, that any alteration to a vessel post 2017 that has changed the essential requirements of the vessel will require re-certification under the RCR. Examples of a MCC are: the fitting out of a CE or UKCA certified vessel that was supplied to be completed by others (commonly known as a sailaway); and/or, removing a diesel engine and installing an electric motor, altering the internal fit-out to an extent that it may affect the stability (or any other essential requirement) of the vessel, removing lead acid batteries and installing Lithium batteries. This list is not exhaustive and is a grey area.
Following updated information from British Marine’s Primary Authority Partnership (PAP) it has now been confirmed a MCC and the need to recertify a vessel through a PCA applies to vessels built after the implementation of the original RCD with the changes to the vessel being made after the UK implementation of RCD 2 i.e. vessels built after June 16th 1998 with the major craft conversion occurring after 03rd August 2017.
- PCA – Post Construction Assessment: Third party assessment of a vessel by a Notified or Approved government appointed organisation.
- WIN – Watercraft Identification Number: A defined set of 14 characters, some of which are pre-determined and others, chosen by the boatbuilder
- MIC – Manufacturer Identity Code: Managed by British Marine who are appointed by the Government to administer the MIC code national register. A MIC forms part of the unique serial number (WIN) that every CE/UKCA marked vessel must have, enabling manufacturers and regulators to identify each particular vessel.
General Understanding
For vessels manufactured post 1998, the vessel must have been built and correctly CE marked to satisfy the requirements of the RCR (RCD).
The exception to this is for a vessel that has been self-built in its entirety for the owner’s use, provided the vessel is not placed on the market within 5 years. If the vessel is placed on the market within 5 years, it must be CE marked to satisfy the requirements of the RCR (RCD). A sailaway is not considered to be self-built.
Vessels built after 1998
A correctly marked vessel will have:
- A Watercraft Identification Number stamped on the starboard transom in the correct format that clearly identifies the craft. An example of a WIN is: GB ELT 57 140 D 4 24;
- A builders’ plate affixed to the vessel which clearly identifies the builder;
- A Declaration of Conformity, representative of the vessel, signed and dated by a representative of the boatbuilder that quotes the vessel’s WIN, and/or an owners manual with vessel details.
If all 3 of the above are present, it is reasonable to safely assume that the vessel is correctly UK (or CE) Marked. Provided that the vessel has not undergone a major craft conversion (MCC) since 2017 (see below).
A major craft conversion is an alteration that has changed the Essential Requirements of the vessel to such an extent that it requires recertification under the RCR (RCD).
It is the boat owner’s responsibility and decision to decide whether a MCC has taken place and to take the appropriate actions. Examples of MCC’s are, but are not limited to:
- The fitting out of a vessel that was supplied as intended to be finished by others (commonly referred to as a ‘sailaway’)
- Removing a diesel engine and installing an electric motor
- Altering the internal fit-out to an extent that may affect the stability of the vessel
- Making major changes to the systems of a boat such as replacing lead acid batteries with Lithium batteries.
This is not an exhaustive list due to the “greyness” of the legislation.
If the vessel has undergone an MCC, it must undergo a PCA carried out by a ‘Notified Body’. Once it goes through this process a new WIN along with the relevant documentation is allocated to the vessel by the Notified Body. The most common body being used is https://www.hpivs.com/ – there maybe others.
If the seller or owner of the vessel has effected a MCC but has not undergone a PCA it is a criminal offence under the RCR (RCD) for the vessel to be sold without a PCA being completed first.
Vessels sold partially completed i.e. sailaway with a WIN does not remove the responsibility of the person (private or commercial) completing the vessel to have completed the build to meet the Requirements of the RCR (RCD) including correctly UK (or CE) marking the vessel. This process might be achieved by the professional builder, some of whom can self-certify taking on the responsibilities of a manufacturer, or by the vessel having a PCA, both of which would require a new WIN.
When such a vessel is placed on the market for the first time, if the vessel’s documentation identifies it as being initially sold as a ‘sailaway’ for completion by others without a new WIN on the vessel, then it is almost definite that the vessel is not properly UK (or CE) Marked and will need to undergo a PCA if still owned by the person who completed it.