The Recreational Craft Regulations 2017

1. Introductory Text

2. PART 1 GENERAL

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 2A. Designated standard

   4. 3. Scope

   5. 4. Exclusions

   6. 5. Exhibition at trade fairs

3. PART 2 PLACING PRODUCTS ON THE MARKET

   1. 6. Essential requirements

   2. 7. Making available and putting into service

   3. MANUFACTURERS

      1. 8. Duty to ensure products comply with the essential requirements

      2. 9. Technical documentation and conformity assessment

      3. 10. Declaration of conformity and UK marking

      4. 11. Duty of manufacturers to retain technical documentation and EU declaration of conformity

      5. 12. Compliance procedures for series production

      6. 13. Duty of manufacturers to ensure products are labelled

      7. 14. Duty to provide information

      8. 15. Instructions and safety information

      9. 16. Duty to take action in respect of product placed on the market which is considered not to be in conformity

      10. 17. Provision of information and co-operation

   4. IMPORTERS

      1. 18. Prohibition on placing products on the market

      2. 19. Requirements that must be satisfied before an importer places a product on the market

      3. 20. Duty not to place a product on the market where an importer suspects that it is not in conformity

      4. 21. Duty of importer to ensure products are labelled

      5. 22. Instructions and safety information

      6. 23. Storage and transport

      7. 24. Duty to take action in respect of product placed on the market which is considered not to be in conformity

      8. 25. Duty of importers to retain technical documentation and EU declaration of conformity

      9. 26. Provision of information and co-operation

   5. DISTRIBUTORS

      1. 27. Duty to act with due care

      2. 28. Making available on the market

      3. 29. Duty not to make a product available on the market where a distributor suspects that it is not in conformity

      4. 30. Storage and transport

      5. 31. Duty to take action in respect of watercraft placed on the market which is considered not to be in conformity

      6. 32. Provision of information and co-operation

   6. IMPORTERS AND DISTRIBUTORS

      1. 33. Cases in which the obligations of manufacturers apply to importers and distributors

   7. MANUFACTURERS AND IMPORTERS

      1. 34. Monitoring

      2. 35. Translation of EU declaration of conformity

   8. PRIVATE IMPORTERS AND ECONOMIC OPERATORS

      1. 36. Private importers

      2. 37. Identification of economic operators

      3. 38. Obligations on private importers to identify economic operators

   9. AUTHORISED REPRESENTATIVES

      1. 39. Authorised representatives

   10. MISCELLANEOUS

       1. 40. Prohibition on improper use of UK marking

       2. 40A. Obligations that are met by complying with obligations in the Directive

       3. 40B. Conformity assessment procedure obligation which is met by complying with the Directive

       4. 40C. Further use of UK marking

       5. 40D. Qualifying Northern Ireland Goods

4. PART 3 CONFORMITY OF THE PRODUCT AND CONFORMITY ASSESSMENT PROCEDURES

   1. 41. Presumption of conformity

   2. 42. Applicable conformity assessment procedures

   3. 43. Duty to carry out the post construction assessment

   4. 44. Design and construction

   5. 45. Exhaust emissions

   6. 46. Noise emissions: recreational craft

   7. 47. Noise emissions: personal watercraft

   8. 48. Requirements of the post-construction assessment

   9. SUPPLEMENTARY REQUIREMENTS FOR CERTAIN CONFORMITY ASSESSMENTS

      1. 49. Conformity assessments carried out under Module B (EU-type examination)

      2. 50. Conformity assessments carried out under Module A1 (internal production control plus supervised product testing)

      3. 51. Conformity assessments carried out under Module F (conformity to type based on product verification)

      4. 52. Conformity assessments carried out under Module C (conformity to type based on internal production control)

      5. 53. Declaration of conformity

      6. 54. UK marking

      7. 54A. UK(NI) indication

      8. 54B. Register of notified bodies established in the United Kingdom

5. PART 4 APPROVAL OF CONFORMITY ASSESSMENT BODIES

   1. 55. Approved bodies

   2. 56. Approval of conformity assessment bodies

   3. 57. Presumption of conformity of approved bodies

   4. 58. Monitoring of approved bodies

   5. 59. Restriction, suspension or withdrawal of approval

   6. 60. Notice of proposed restriction, suspension or withdrawal of approval

   7. 61. Operational requirements of approved bodies

   8. 62. Subsidiaries and contractors

   9. 63. Register of approved bodies

   10. 64. Authorisation of UK national accreditation body

6. PART 5 MARKET SURVEILLANCE AND ENFORCEMENT

   1. 65. Designation of market surveillance authorities

   2. 66. Enforcement

   3. 67. Enforcement powers

   4. 68. Evaluation of a product presenting a risk

   5. 69. Enforcement action in respect of products that are not in conformity and which present a risk

   6. 70. EU Safeguard procedure

   7. 71. Enforcement action in respect of formal non-compliance

   8. 72. Restrictive measures

   9. 73. Offences

   10. 74. Penalties

   11. 74A. Penalty in relation to the UK(NI) indication

   12. 75. Defence of due diligence

   13. 76. Liability of persons other than the principal offender

   14. 77. Service of documents

   15. 78. Recovery of expenses of enforcement

   16. 79. Action by enforcing authority

   17. 80. Appeals against notices

   18. 81. Appropriate court for appeals against notices

   19. 82. Time limit for commencement of proceedings

   20. 83. Compensation

7. PART 5A POWERS OF THE SECRETARY OF STATE

   1. 83A. Power to amend Schedules

   2. 83B. Power to make provision for application of conformity assessments and of Schedule 1

8. PART 6 MISCELLANEOUS

   1. 84. Amendment to the Consumer Rights Act 2015

   2. 85. Amendment to the Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2004

   3. 86. Amendment to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007

   4. 87. Amendment to the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009

   5. 89. Transitional provisions

   6. 89A. Transitional provisions in relation to EU Exit

   7. 90. Revocations and savings

9. Signature

10. 1. SCHEDULE 1

       (Annex I of the Directive)

       1. A. Essential requirements for the design and construction of products referred...

          1. 1. WATERCRAFT DESIGN CATEGORIES

          2. 2. GENERAL REQUIREMENTS

             1. 2.1. Watercraft identification

             2. 2.2. Watercraft builder’s plate

             3. 2.3. Protection from falling overboard and means of reboarding

             4. 2.4. Visibility from the main steering position

             5. 2.5. Owner’s manual

          3. 3. INTEGRITY AND STRUCTURAL REQUIREMENTS

             1. 3.1. Structure

             2. 3.2. Stability and freeboard

             3. 3.3. Buoyancy and flotation

             4. 3.4. Openings in hull, deck and superstructure

             5. 3.5. Flooding

             6. 3.6. Manufacturer’s maximum recommended load

             7. 3.7. Life raft stowage

             8. 3.8. Escape

             9. 3.9. Anchoring, mooring and towing

          4. 4. HANDLING CHARACTERISTICS

          5. 5. INSTALLATION REQUIREMENTS

             1. 5.1. Engines and engine compartments

                1. 5.1.1. Inboard engine

                2. 5.1.2. Ventilation

                3. 5.1.3. Exposed parts

                4. 5.1.4. Outboard propulsion engine starting

                5. 5.1.5. Personal watercraft running without driver

                6. 5.1.6. Tiller-controlled outboard propulsion engines shall be equipped with an emergency...

             2. 5.2. Fuel system

                1. 5.2.1. General

                2. 5.2.2. Fuel tanks

             3. 5.3. Electrical system

             4. 5.4. Steering system

                1. 5.4.1. General

                2. 5.4.2. Emergency arrangements

             5. 5.5. Gas system

             6. 5.6. Fire protection

                1. 5.6.1. General

                2. 5.6.2. Fire-fighting equipment

             7. 5.7. Navigation lights, shapes and sound signals

             8. 5.8. Discharge prevention and installations facilitating the delivery ashore of waste...

       2. B. Essential requirements for exhaust emissions from propulsion engines

          1. 1. PROPULSION ENGINE IDENTIFICATION

             1. 1.1. Each engine shall be clearly marked with the following information:...

             2. 1.2. The marks referred to in point 1.1 must be durable...

             3. 1.3. The marks must be secured to an engine part necessary...

             4. 1.4. The marks must be located so as to be readily...

          2. 2. EXHAUST EMISSION REQUIREMENTS

             1. 2.1. Values applying for the purposes of Article 55(2) and Table...

             2. 2.2. Values applying from 18 January 2016:

             3. 2.3. Test cycles:

             4. 2.4. Application of the propulsion engine family and choice of parent...

             5. 2.5. Test fuels

          3. 3. DURABILITY

          4. 4. OWNER’S MANUAL

       3. C. Essential requirements for noise emissions

          1. 1. NOISE EMISSION LEVELS

             1. 1.1. Recreational craft with inboard or stern drive engines without integral...

             2. 1.2. As an alternative to sound measurement tests, recreational craft with...

             3. 1.3. ‘Froude number’ Fn shall be calculated by dividing the maximum...

          2. 2. OWNER’S MANUAL

          3. 3. DURABILITY

    2. SCHEDULE 2

       (Annex II of the Directive)

    3. SCHEDULE 3

       (Annex III of the Directive)

       1. The declaration by the manufacturer or the importer established in...

       2. the name and address of the manufacturer; the name and...

    4. SCHEDULE 4

       (Annex IV of the Directive)

    5. SCHEDULE 5

       (Annex V of the Directive)

    6. SCHEDULE 6

       (Annex VI of the Directive)

    7. SCHEDULE 7

       (Annex VII of the Directive)

    8. SCHEDULE 8

       (Annex VIII of the Directive)

       1. In the cases referred to in Article 24(5) regulation 52...

       2. An engine is taken from the series and subjected to...

    9. SCHEDULE 9

       (Annex IX of the Directive)

       1. The technical documentation referred to in Article 7(2) and Article...

    10. SCHEDULE 10

        EU-type examination

        1. 1. For the purposes of regulation 49, the conformity assessment carried...

        2. 2. The conformity assessment must include an assessment of the adequacy...

        3. 3. The conformity assessment must include an assessment of the adequacy...

        4. 4. The technical documentation must include a general description of the...

    11. SCHEDULE 11

        Requirements of approved bodies

        1. 1. (1) A conformity assessment body must have legal personality and...

        2. 2. A conformity assessment body must be a third-party body independent...

        3. 3. A body belonging to a business association or professional federation...

        4. 4. A conformity assessment body, its top level management and the...

        5. 5. Nothing in paragraph 4 of this Schedule will preclude the...

        6. 6. A conformity assessment body, its top level management and the...

        7. 7. A conformity assessment body must not engage in any activity,...

        8. 8. Conformity assessment bodies must ensure that the activities of their...

        9. 9. Conformity assessment bodies and their personnel must carry out the...

        10. 10. A conformity assessment body must be capable of carrying out...

        11. 11. At all times and for each conformity assessment procedure and...

        12. 12. The personnel responsible for carrying out the conformity assessment activities...

    12. SCHEDULE 12

        Operational requirements of notified bodies Operational requirements of approved bodies

        1. 1. Approved bodies must carry out conformity assessments in accordance with...

        2. 2. Conformity assessments must be carried out in a proportionate manner,...

        3. 3. Conformity assessment bodies must respect the degree of rigour and...

        4. 4. Where an approved body finds that the requirements of regulation...

        5. 5. Where, in the course of the monitoring of the conformity...

        6. 6. Where corrective measures are not taken or do not have...

        7. 7. (1) An approved body must inform the Secretary of State...

        8. 8. An approved body must make provision in its contracts with...

        9. 9. An approved body must provide other bodies approved under these...

        10. 10. An approved body must participate in the work of any...

    13. SCHEDULE 13

        Enforcement and investigatory powers conferred on the market surveillance authority

        1. 1. Enforcement powers under the 1987 Act

        2. 2. Modifications to the 1987 Act

    14. SCHEDULE 14

        Compliance notices, withdrawal notices and recall notices

        1. 1. Compliance notice

        2. 2. A compliance notice must— (a) require the relevant economic operator...

        3. 3. A compliance notice may include directions as to the measures...

        4. 4. Subject to paragraph 5, an enforcing authority may revoke or...

        5. 5. An enforcing authority may not vary a compliance notice so...

        6. 6. Withdrawal notice

        7. 7. A withdrawal notice must prohibit the relevant economic operator from...

        8. 8. A withdrawal notice may require the relevant economic operator to...

        9. 9. A withdrawal notice may require the relevant economic operator to...

        10. 10. A consent given by the enforcing authority pursuant to a...

        11. 11. Subject to paragraph 7, an enforcing authority may revoke or...

        12. 12. An enforcing authority may not vary a withdrawal notice so...

        13. 13. Recall notice

        14. 14. A recall notice must require the relevant economic operator to...

        15. 15. A recall notice may— (a) require the recall to be...

        16. 16. In determining what requirements to include in a recall notice,...

        17. 17. A recall notice may only be issued by the market...

        18. 18. A relevant economic operator which has received notice from the...

        19. 19. Sub-paragraphs 17(b), (c) and (d) do not apply in the...

        20. 20. Where a relevant economic operator requires the enforcing authority to...

        21. 21. In this Schedule, “Institute” means the charitable organisation with registered...

        22. 22. A recall notice served by the market surveillance authority may...

        23. 23. Subject to paragraph 24, a market surveillance authority may revoke...

        24. 24. A market surveillance authority may not vary a recall notice...

        25. 25. Interpretation

    15. SCHEDULE 15

        Conformity assessment procedures

        1. MODULE A Internal production control

           1. 1. Internal production control

           2. 2. Technical documentation

           3. 3. Manufacturing

           4. 4. UK marking and declaration of conformity

        2. MODULE A1 Internal production control plus supervised product testing

           1. 1. Internal production control plus supervised product testing

           2. 2. Technical documentation

           3. 3. Manufacturing

           4. 4. Product checks

           5. 5. UK marking and declaration of conformity

        3. MODULE B Type examination

           1. 1. Type examination

           2. 2. How type examination must be carried out, etc.

           3. 3. Application for type examination

           4. 4. Examination, etc. by approved body

           5. 5. Evaluation report

           6. 6. Type examination certificate

           7. 7. Changes

           8. 8. Approved body's duties in respect of type examination certificates

           9. 9. Manufacturer's duties in respect of type examination certificates

        4. MODULE C Conformity to type based on internal production control

           1. 1. Conformity to type based on internal production control

           2. 2. Manufacturing

           3. 3. UK marking and declaration of conformity

        5. MODULE C1 Conformity to type based on internal production control plus supervised ...

           1. 1. Conformity to type based on internal production control plus supervised ...

           2. 2. Manufacturing

           3. 3. Product checks

           4. 4. UK marking and declaration of conformity

        6. MODULE D Conformity to type based on quality assurance of the production ...

           1. 1. Conformity to type based on quality assurance of the production ...

           2. 2. Manufacturing

           3. 3. Quality system

           4. 4. Surveillance under the responsibility of the approved body

           5. 5. UK marking and declaration of conformity

           6. 6. Manufacturer's duty to keep application, etc.

           7. 7. Approved body's duties in respect of quality system approvals

        7. MODULE E Conformity to type based on product quality assurance

           1. 1. Conformity to type based on product quality assurance

           2. 2. Manufacturing

           3. 3. Quality system

           4. 4. Surveillance under the responsibility of the approved body

           5. 5. UK marking and declaration of conformity

           6. 6. Manufacturer's duty to keep application, etc.

           7. 7. Approved body's duties in respect of quality system approvals

        8. MODULE F Conformity to type based on product verification

           1. 1. Conformity to type based on product verification

           2. 2. Manufacturing

           3. 3. Verification

           4. 4. Verification of conformity by examination and testing of every product

           5. 5. Statistical verification of conformity

           6. 6. UK marking and declaration of conformity

           7. 7. Affixing of approved body's identification number during manufacturing process

           8. 8. Authorised representative

        9. MODULE G Conformity based on unit verification

           1. 1. Conformity based on unit verification

           2. 2. Technical documentation

           3. 3. Manufacturing

           4. 4. Verification

           5. 5. UK marking and declaration of conformity

        10. MODULE H Conformity based on full quality assurance

            1. 1. Conformity based on full quality assurance

            2. 2. Manufacturing

            3. 3. Quality system

            4. 4. Surveillance under the responsibility of the approved body

            5. 5. UK marking and declaration of conformity

            6. 6. Manufacturer's duty to keep application, etc.

            7. 7. Approved body's duties in respect of quality system approvals

11. Explanatory Note