SAN MARINO
LAW November 30, 2004 164
REPUBLIC OF SAN MARINO

ESTABLISHMENT OF A REGISTER FOR NAVAL UNITS 'FROM GARDEN DIP


We the Captains Regent of the Most Serene Republic of San Marino
Promulgate and publish the following law approved by the Great and General Council
its meeting on 30 November 2004.
TITLE I GENERAL PROVISIONS



Art. 1
1. The provisions of this Act shall apply lla sailing in maritime and inland waters
.
2. You yachting that carried for sporting or recreational purposes from which the exiles-profit
. 3
. For the purposes of this Act the buildings intended for recreational boating are named:
a) "recreational craft" means any construction of any type and by any means of propulsion
intended for recreational boating;
B) "recreational vessel" means any unit of hull length greater than 24 meters, measured
according to the standards in the last paragraph of Article prsente;
C) "recreational craft" means any unit of hull length from 10 to 24 meters, measured
according to the standards in the last paragraph of Article prsente;
D) "pleasure craft" means units identified sen to the Article 9 of this Act.
4. For the regulation of the lease and the rental of pleasure boats means:
a) Lease: a contract by which one party agrees to a consideration in
to enjoy other for a given the period of time the pleasure craft. The unit switches
autonomous enjoyment of the conductor which carries with it the navigation and assume its
responsibilities and risks;
B) for rental of pleasure boats: the contract whereby one party, in respect of
agreed freight, undertakes to make available to the other party the recreational craft for a certain
period to be spent for recreational purposes in marine areas or inland waters of its
choice when stationary or at sea, under the conditions set by the contract. The unit rented
remains in the availability of the lessor, under whom also remains the crew.
The pleasure craft referred to in the preceding paragraph, owned by natural persons, of people
company, corporation, trust companies or trusts, may also be used by
leases and rental and the teaching of navigation
recreational as well as support units for scuba diving for sporting or recreational purposes
.
5. With Regency Decree, the rules concerning the approval and testing of
pleasure craft, detection of engine power, the use of the same, to issue the certificate
well as the standards of application are enacted used in the measurement of the hulls.



TITLE II REGISTRATION AND ACTIVATION OF NAVIGATION The boats using AND PLEASURE VESSELS

Art. 2
1. And 'it established the Authority for Maritime Navigation of the Republic of San Marino. By decree
reggenziale will be provided for staffing, responsibilities and methods of operation of the facility also
through the assignment of functions to other offices.
Art. 3
1. Boats and recreational vessels are registered in the Registry of Shipping accordance with the model approved
with Regency Decree within one hundred twenty days from the entry into force of this Act.
2. Before putting into service a pleasure craft, the buyer must apply for the allocation of
registration number by submitting an application to the Authority for Maritime Navigation
charge of the Shipping Register of estate. The application shall include:
a) a copy of the invoice proving the fulfillment of the relevant tax compliance and
any customs formalities and containing data entificativi data subjects, as well as the technical description of the unit
same;
B) statement of compliance;
C) the engine power of representation or inboard propulsion engines installed on board;
D) declaration of acceptance of responsibility by all the events of the invoice for
from the operation of the unit itself up to the date of presentation of the
title of properties referred to in paragraph 3. 3
. The allocation of the registration number det rmina enrollment conditioning unit to the next
presentation of the title to the property to be made by the dell'intestatario
invoice no later than six months from the date dell'assegnazio and same. Boats and recreational
ships for which the procedure for inclusion in the Shipping Register has not yet completed can be

Enabled for sea transport, within the limits set out in Article 5, by the Authority for the
Maritime Navigation through the issuance of a provisional license.
4. The validity period of the temporary license can not exceed six months. Title to
in the preceding paragraph consists of:
a) public act;
B) private deed;
C) private document authenticated by an official authorized by the Authority;
D) judgment;
E) certificate of claimed succession;
F) other acts provided for by Law 87 of October 29, 1981.
5. The title of ownership must still contain is following elements:
a) personal details of the parties or, if it is ent or companies, their nature and name,
their residence or registered office;
B) ISS code or code Economic Operator, if any, of the parties;
C) model, and serial number, if any, of precedent boat registration or
ship;
D) the sale price of the property.
The title may be a form provided by the Authority also prepared in several languages, including Italian
that, properly authenticated.
6. Six months after the allocation of the registration number without having been presented
title to, the registration is deemed not happen, so the provisional license and the
security certificate must be returned to the office that He issued them. The owner of the unit
may submit new application enclosing the paragraph 2.
7 title and the documentation required
by the letters b) and c). The claimant who intends to alienate or transfer abroad their boats
must seek permission to flag disposal.
8. The claimant may request cancellation of their units from cual enrollment register
paragraph 1 in the following cases:
a) actual loss or presumed;
B) demolition;
C) for transfer or sale abroad;
D) to pass from the vessels to that category of vessels.
Art. 4
1. Foreigners and foreign companies wishing to register or maintain registration of units
they own pleasure in the Register referred to in Article 3, if they have no domicile in San Marino,
must elect domicile at its own representative who is domiciled in San Marino, to which the Office
charge may apply in case of communications related to the unit registered.
Art. 5
1. Recreational vessels for the Authority for Maritime Navigation, at the moment of issuing the
navigation license referred to in Article 6, which authorizes navigation in maritime waters and internal
without limitation, as well as the safety certificate referred to in Article 8, which attests to the
seaworthy.
2. Recreational craft to the Authority for Maritime Navigation on enrollment
releases the navigation license referred to in Article 6, which allows them to type of navigation allowed
by construction features rilvate by the statement of conformity issued by
manufacturer or his authorized representative established in the European Union, as well as the certificate of security
referred to in Article 8, which certifies the state of airworthiness. 3
. The navigation species envisaged for pleasure craft referred to in paragraph 2 are:
a) for units without CE marking that requires the self-certification by the
owner about the origin and reliability:
1. without any limit in inland waters;
2. up to six miles offshore in the maritime waters;
B) for units with CE marking with specific referenc nto the EEC Directive 94/25:
1. without limitation, for the design category A;
2. with winds of up to force 8 and wave heights significat goes up to 4 meters (rough sea
), for the design category B; 3
. with winds of up to force 6 and wave heights significat goes up to 2 meters (
very rough sea), for the design category C;
4. for navigation in sheltered waters, with wind fi or force 4 and significant wave heights up to 0.50 meters
, for the category of design D.


Art. 6
1. Navigation licenses are drawn up on the form conforming to the models approved by decree
reggenziale within one hundred twenty days from the entry into force of this standard, with the attached
safety certificate referred to in Article 8. 2
. On the navigation license, in addition to the data provided for in Article 11 and the annotations for active à
lease, rental and teaching of navig tion pleasure, show the number and
enrollment acronym, the type and main characteristics of the unit, the owner's name, the name

Unit, if required, the registration office and the type of navigation authorized. They also noted
instruments of incorporation, translational and extinguish property and other rights in rem
enjoyment and drive warranty in the transcript was sought. 3
. Navigation licenses are renewed in the event of modifications of the type and characteristics of the main hull
, the machinery, the unit name and the type of navigation authorized
.
4. The navigation license and other documents prescribed by this Act are maintained at
edge in the original.
Art. 7
1. Boats and pleasure craft registered in R gistro referred to in Article 3 of this legg
expose the national flag and are distinguished by the department name to which they are registered and
by its serial number of registration.
2. The owner is entitled to distinguish the boat or pleasure craft even with a
name to be different from any other formerly king ist ed.
Art. 8
1. The safety certificate for ships and pleasure boats testifies status
navigability of the units and is part of the ship's papers. It shall be issued, endorsed or renewed
with the procedures provided by Regency Decree approved within one hundred twenty days from the entry into force of this norm
.
Art. 9
1. Are boats:
a) the pleasure craft rowing;
B) recreational craft with an overall length not exceeding 10 meters motor and sailing,
although with an auxiliary motor.
2. The boats are excluded from the registration obligation under Article 3, as well as the possession of the license
referred to in Article 6 and the safety certificate referred to in Article 8.


TITLE III CONTROL AND CONDUCT OF VESSELS, PLEASURE BOATS AND SHIPS
Art. 10
1. With appropriate Regency Decree, to be issued ent or one hundred and twenty days after the entry into force of this standard
, is established a system for the skill tion for the control and conduct of by
pleasure craft.

TITLE IV CAPTAIN AND CREW BOAT AND SHIP PLEASURE
Art. 11
1. The Authority for Maritime Navigation to navigation that enables the boat and by
pleasure craft, establishes and logs, the license referred to in Article 6, at the time of its release, the
minimum number of people the crew and the maximum number of people transportable
, based on the provisions in the approval.
2. And 'responsibility of the commander and the unit conductor pleasure check before departure
the presence on board of qualified personnel and sufficient to form the crew
needed to address navigation intending the undertake such, also in relation
to the marine meteorological conditions laid down and away from safe havens.
Art. 12
1. When, at the Authority's judgment to the Maritime Navigation, the arrangements provided him
permit, control or the conduct of pleasure craft and motor behavior
can be simultaneously employed by one person.
Art. 13
1. The pleasure craft onboard services p ca n resist being carried out by the persons on board in
as passengers, provided they have at least sixteen years of age, for covered services,
room and kitchen, and eighteen years of age, is rvices machine.
2. The complementary services on board can be aimed by the people on board the ships
pleasure, as passengers, provided they have at least sixteen years of age.
Art. 14
1. Foreigners and San Marino citizens living abroad, carry an enabling document or
document recognized as equivalent by the State of residence or, respectively, of residence,
can command or conduct, provided free of charge, boats and ships pleasure
entered in the Register referred to in Article 3, within the limits of enabling it.
2. The certificate or document referred to in the previous paragraph must be carried on board. 3
. For foreigners we disregard the obligation of the title to command or lead a unit enrolled,
should exhibit a statement issued by its authorities, to the effect that the
law of the country does not provide for the release of any of the aforesaid titles enable or
possession of documents replacing them with those purposes.
TITLE V


INSURANCE OBLIGATIONS Art. 15
1. Recreational craft can not be put into navigation if they are not covered
other than civil liability for third parties for the damage caused to people and things

And for removable engines of any power, independently from the unit to which it is applied
. By insurance obligations they are excluded units Rowing and Sailing are not equipped with auxiliary engine
. With reggenziale decree issued the rules for carrying out the aforementioned
obligations.
2. The renter and the landlord must deliver the unit in perfect full efficiency of all
safety equipment and covered by the civil liability of the vessel. 3
. In the case of rental insurance is extended to f vore the conductor and passengers for injuries
and damages suffered during or dipend za of the contract in accordance with the provisions
and the ceilings for civil liability .
TITLE VI SANCTIONS



Art. 16
1. Unless the act constitutes a serious crime, or who assumes believes control or the conduct of
pleasure craft without the required authorization is liable to imprisonment in the second degree or with
fine and disqualification of first Instance by the ratings, authorizations or licenses governmental
. The same penalties apply to those who believed ssume or control or the conduct of a
pleasure craft without the required authorization because revoked or not renewed for lack of requirements
.
2. In the case of command or conduct of a recreational vessel is applied first-degree imprisonment and second-degree
fine and disqualification from second grade ratings, authorizations or licenses
government. Whoever believes or assumes control or the conduct of a pleasure craft with a
enabling whose validity has expired, is subject to fine of between
EUR 200.00 per EUR 1,000.00. 3
. Unless the act constitutes a crime, anyone who fails to comply with a provision of this Act or
an act of the competent authorities under this Act is subject to
fine from EUR 200.00 to EUR 1,000.00.
4. In the cases provided for in paragraph 1 of this Article shall apply the sanction of suspension of
navigation license for thirty days. The navigation period of suspension is indicated on
navigation license it.
Art. 17
1. Whoever, for the purpose of obtaining undue advantage, rears or use of recreational craft of
San Marino flag shall be punished with imprisonment of First Instance or with the daily fine second degree.
Art. 18
1. Whoever, in order to obtain for themselves or others an advantage or to cause damage to others, they must affix the unit
pleasure a fake registration number shall be punished with imprisonment of First Instance and the fine
.
Art. 19
1. Anyone holding weapons on board pleasure craft without being in possession of the permits required
Articles 6, 7 and 8 of Law 40 of March 13, 1991 and subsequent amendments and additions
be punished with the penalties provided by ' Article 8 of that Act.
Art. 20
1. Whoever destroys, disperses, deteriorates or makes, the wholly or partially unserviceable pleasure craft,
or aircraft stores, shall be punished with imprisonment of First Instance.
2. If the act is committed by the crew member, to the detriment of the craft on which embarked
, it applies the first-degree imprisonment and a fine. If it is committed by the commander
applies imprisonment second degree. 3
. If the act results in a risk of fire, sinking or submergence unit applies the prison third degree
. If the act results in the fire, shipwreck or the submersion unit applies
captivity in the fourth degree.
Art. 21
1. The crew member of a pleasure craft that destroys, disperses deteriorates or makes
unserviceable, in whole or in part, objects, tools, machinery and systems on board shall be punished with imprisonment of
first degree and a fine.
2. If the act results in a risk of fire, sinking or submergence unit applies imprisonment
second degree and a fine. 3
. If the act results in the fire, shipwreck or the submersion unit applies the captivity of
third degree and fined.
Art. 22
1. The recreational unit commander who fails to provide relief in cases where it is obliged
punished with first-degree imprisonment.
2. The recreational unit commander if ritrdi or refuse to give assistance as needed to a person
pouring in a state of danger, shall be punished if the act results in a personal injury, with imprisonment according
able, if it results in death, with the captivity of the third degree. 3
. If the offense referred to in the upper paragraph is committed culpably applies the first-degree imprisonment
or the first degree imprisonment or the second-degree fine.

Art. 23
1. The second paragraph of Article 5 of the Criminal Code is replaced by the following:
"For the purposes of the Criminal Law are considered as territory of the State on the territory of the Republic
, ships, buildings intended for recreational boating and
San Marino aircraft wherever they may be, unless they are subject to a foreign territorial law. "

TITLE VII


TAX REGIME Art. 24
1. For recreational units held for rental and / or lease, including financial
, the provisions of Article 5 of the Decree 135 of 27 October 2003
"Set on the import of goods instrumental and other fiscal measures. "

Art. 25
1. For the facilities and services to be requested to the competent bodies, interested parties are required to
payment of rights and compensation provided by Regency Decree approved
within one hundred twenty days from the entry into force of this standard.
TITLE VIII FINAL PROVISIONS


Art. 26
1. The provisions of this Act that require, for their implementation, the issuing of
implementing rules, do not enter into force until such standards have not been enacted.
Art. 27
1. The rules governing the establishment of a Naval Registry for pleasure boats and sailing
pleasure, under this law, can be modified and regulated by decree
reggenziale if it is deemed desirable to comply with international regulations .
2. The Authority for Maritime Navigation may provide for exceptions to the rules of this
law for the participation or training of participants in sports events and sailing regattas
. 3
. From the entry into force of this Act is repealed Act 16 September 1946
51.
Art. 28
1. This Law shall enter into force on the fifteenth day following that of its legal publication
.


Given at Our Residence, this day of December 2 2004/1704 dFR


I
CAPTAINS Giuseppe Arzilli - Roberto Scrape





THE SECRETARY OF STATE FOR INTERNAL AFFAIRS

I

Fr res an


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