Safe boating

Summer, sunshine, and sailing: lakes, rivers, and the sea attract countless water sports enthusiasts every year. Where there’s a lot going on, there are also risks. In 2023, there were 148 accidents involving watercraft on Lake Constance alone. To ensure safety and prevent damage, boat renters and hirers should be aware of their rights and responsibilities, says Sabine Brandl, a lawyer at ERGO Legal Protection Services GmbH.

Licence requirements and engine power

Many people assume that a boating licence is required for every motorised boat. However, this is not the case. In many bodies of water, sports boats with an engine power of less than 15 HP do not require a licence. Otherwise, boaters on inland waterways need an appropriate sports boat licence that corresponds to the type of propulsion (motor or sail). On sea waterways – for example, in coastal waters or on the Elbe near Hamburg – a sea sports boat licence is necessary. "The distinction is important, as different rules apply depending on the type of water," explains Sabine Brandl. It’s worth noting that the inland sports boat licence allows you to operate boats up to 20 metres in length. Age also plays a role. To steer a motorboat without a licence on inland waters, one must be at least 16 years old. To obtain a sports boat licence for motorised sports boats, the minimum age is 16, while for sailing boats, it is 14.

When taking new routes: Inform yourself before setting off

Especially when navigating unfamiliar waters, it’s crucial to research regional regulations beforehand to avoid unpleasant surprises. Generally, anyone operating a boat without the correct licence risks a hefty fine.

Responsibilities for renters

Many boat owners consider renting out their boats occasionally. "Anyone looking to earn money by renting out their boat must register a business," explains Sabine Brandl. This can be done as a sole proprietorship or, for instance, as a limited liability company (UG). The formal requirements for commercial rentals should not be underestimated. "Renters need, among other things, a valid boat certificate, an official registration number, liability insurance, and the required safety equipment on board," says Brandl. Violating these regulations can lead to fines or liability issues in the event of damage. The expert recommends that individuals should inform themselves early on about the legal framework, especially if the boat is to be rented out regularly and for profit. Important regulations can be found in the Inland Waterway Sports Boat Rental Regulation.

Fit to sail?

Not everyone wishing to hire a boat is automatically qualified to do so. "Boats may only be entrusted to individuals who are capable of steering them safely," emphasises Sabine Brandl. Renters are obliged to verify that the hirer has sufficient experience and is fit to drive – meaning they are not under the influence of alcohol, drugs, or medication. A rental agreement alone is not sufficient if there are doubts. The renter must also check the boating licence, if required.

Safe Hiring: What to Consider Before Setting Sail

The rental agreement should ideally include all essential information, including regulations regarding insurance, deposits, cancellations, and any additional costs. Before setting off, the hirer should carefully inspect the boat, document any visible defects in writing, and promptly inform the renter. An introduction to the boat’s technology and safety features should also take place, regardless of the hirer’s experience. A radio or mobile phone must be available on board. Furthermore, the weather conditions and route should be thoroughly checked before departure. Ensure that contact with the renter is established in case any issues arise during the trip. And then: cast off and enjoy the boating adventure!