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Yatching

Yatching is an activity that takes place for sports or recreational and non-profit purposes.

The matter is disciplined by the Legislative Decree 18 July 2005, n. 171 – “Codice della Nautica da diporto” – and the Ministerial Decree n. 146/2008 that constitute the main source of discipline of the matter and, for anything not expressly provided for, the laws, regulations and reference uses or, failing that, the provisions of the Navigation Code shall apply.

The Code shall apply to watercraft, which are distinguished by:

  • recreational vessels up to 10 metres,
  • recreational craft, over 10 and up to 24 metres,
  • recreational ships over 24 meters.

Recreational ships and vessels shall be entered in registers and shall be entitled to navigate under the licence and the safety certificate. The control and the conduct of the recreational craft is allowed to who is in possession of the nautical license, except for the units until 24 m that navigate within 6 miles from the coast and have an engine of not exceeding 40,8 hp.

Recreational navigation can be carried out for sports or recreational purposes from which exiles the profit (pleasure yacht) or for commercial purposes.

In the latter case, the watercraft shall be used in:

  • Rental or rental contracts (commercial yachts);
  • Professional teaching of pleasure boating;
  • Support for diving centers (Diving).

To these, the category of the “Navi in international navigation used exclusively to chartering for tourist purposes” (c.d.”superyacht”) is added.

Harbor Authority carries out the pre-eminent competence on the relative controls to safety of navigation (art. 9, L. 172/2003) – and the important administrative functions regarding mainly:

  • naval ownership: keeping of the registers, by the harbormasters and the marine district offices, where recreational units are registered;
  • the issue of the navigation licence and safety certificate (document certifying the airworthiness of vessels and recreational craft);
  • recognition and issue of professional seafarers’ qualifications for recreation;
  • the issue of licences and the keeping of registers;
  • monitoring the activities of nautical schools.

Civil liability for recreational craft is regulated by art. 2054 of the Civil Code, and the commander is responsible for the damage caused to third parties, if it does not prove to have done everything possible to avoid it.

In addition, the rules of l. 990/1969 apply to the compulsory insurance of vehicles.

If you need assistance with a matter in Italy, our English-speaking italian law lawyers can assist you right away with a free initial consultation.

v. also Types of Purchase of Recreational Units.

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