Amendments to the Regulations on requirements for minimum age and boating licence, etc. for masters of recreational craft and the Regulations on qualifications and certificates for seafarers

Introduction

The Norwegian Maritime Authority has laid down amendments to the Regulations of 3 March 2009 No. 259 on requirements for minimum age and boating licence, etc. for masters of recreational craft. The amendments come into force on 1 March 2022. The requirement for a high-speed licence comes into force 1 June 2023.

Consultation

The proposal was circulated for review from 2 February to 30 April 2021. The NMA has received 30 consultative comments on the proposal for a high-speed licence.

The consultation comments and the NMA's comments thereon are included in the attached consultation matrix.

Why is the high-speed licence introduced?

High speed has been at the centre of the maritime safety work over the last few years. The Norwegian national action plan for the prevention of recreational craft accidents (Nasjonal handlingsplan mot fritidsbåtulykker 2019–2023, available in Norwegian only) regards risk at high speed as a key focus area in the Government's vision of zero accidents involving fatalities or severely injured persons on recreational craft. The number of fatalities related to high speed is limited. The damage potential for these accidents, however, is substantial both for those on board and the surroundings. With an increasing number of high-speed recreational craft, high speed is becoming increasingly relevant as a focus area in marine safety work.

In the spring of 2019, the Accident Investigation Board Norway issued a report on recreational craft accidents. In this report, they conducted a mapping and analysis of fatalities on recrational craft in the period from 2008 to 2017. They also conducted an in-depth study of the causes for fatalities on recreational craft in 2018. The report shows that high speed was in the pictiure in 37% of the fatalities connected to grounding, collision and contacts from 2013 to 2017. In 2018, one in five fatalities (20%) could be connected to grounding or collision. Analyses of four fatalities connected to grounding or collision in 2018 show that high speed (over 20 knots) was the case in all accidents, and that in two of the accidents, the speed was higher than 30 knots. The accidents involved motor boats and jet skis. In 2019 there were five accidents involving high speed and a total of six fatalities. As in the previous year, most of the accidents related to high speed were in the grounding and collision category.

In the current legislation, anyone born after 1 January 1980 who will operate a recreational craft of more than 8 metres in length with an engine power of more than 25 hp must have formal qualifications. The boating licence entitles a person to operate a recreational craft of up to 15 metres in length without other limitations.

The boating licence is granted after a theoretical test, also called the boating exam, at an approved test centre. Anyone operating a recreational craft of 15 to 24 metres in length must have formal qualifications. A Certificate for Deck Officer Class 5 Pleasure Craft is required, and the person operating the craft must be 18 years of age or older. This certificate is much more extensive than the boating licence, and there is a mandatory course and training required. Both licences have a limited focus on challenges and expertise connected to high speed.

Both the national action plan to prevent recreational craft accidents (Nasjonal handlingsplanen mot fritidsbåtulykker (2019)) and the report on recreational craft accidents (Rapport om sikkerheten ved bruk av fritidsbåt (2012)) identified high speed on recreational craft as high risk requiring increased expertise for the master of the craft.

On 21 June 2019, the Government presented Storting White Paper No. 30 (2018–2019) Samhandling for betre sjøtryggleik (cooperation for better safety at sea. The paper stated that the Government planned to evaluate the introduction of a separate theoretical and practical course for masters of recreational craft capable of reaching a speed og 50 knots or more.

By a letter dated 7 October 2019, the Ministry of Trade, Industry and Fisheries asked the Norwegian Maritime Authority to investigate the case and submit recommendations to the Ministry.

In the investigation on requirements for high-speed expertise for masters of recreational craft (Utredning av krav til høyhastighetskompetanse for fører av fritidsbåt), which was submitted on 1 July 2020, the NMA concluded that high speed is a significant risk when it comes to accidents, and the damage potential is great. Combined with the fact that the number of high-speed recrational craft on the market keeps increasing, the NMA recognises that there is a need for a high-speed licence for masters of recreational craft.

The purpose of competence requirements for masters of high-speed recreationa craft is to reduce the number of fatalities and severely injured in recreational craft accidents related to high speed. This will be a part of the Government's vision of zero fatalities or severly injured persons at sea.

Details on the amendments

The amendments include introducing a high-speed licence for masters of Norwegian recrational craft with a hull length of less than 24 metres capable of a maximum speed of 50 knots or more. The requirement is included in the Regulations of 3 March 2009 No. 259 on requirements for minimum age and boating licence, etc. for masters of recreational craft. The Regulations, which are founded on section 26b of the Act of 26 June 1998 No. 47 relating to Recreational and Small Craft (the Small Craft Act), currently regulate requirements to masters of recreational craft with a hull length of up to 15 metres. Both the boating licence and the International Certificate for Operators of Pleasure Craft (ICC) are regulated in these Regulations.

The competence requirement for masters of recreational craft of 15 to 24 metres in overall length are regulated in the Regulations of 22 December 2011 No. 1523 on qualifications and certificates for seafarers (Qualification Regulations). The introduction of a high-speed licence requirement therefore also requires amendments to these Regulations. The Qualification Regulations are also founded on section 26b of the Small Craft Act.

Below, there is a description of the main points in the high-speed licence legislation.

Scope of application

The high-speed licence will apply to masters of recreational craft, including personal watercraft, capable of a maximum speed of 50 knots or more. In Storting White Paper No. 30 (2018–2019), the Government argues that these recreational craft have such a large damage potential that the masters must be presented with stricter competence requirements.

The current competence requirements for the operation of recreational craft of up to 24 metres will be maintained so that the high-speed licence will form an additional requirement for masters of recreational craft capable of a maximum speed of 50 knots or more. This means that masters of such craft must, in addition to having a high-speed licence, meet the current competence requirements for the relevant craft.

The Certificate for Deck Officer Class 5 Pleasire Craft (D5L) is a certificate that entitles the holder to operate a recreational craft of up to 24 metres in length. Currently, the D5L also entitles the holder to operate the fastest recreational craft. The D5L course, however, does not include high-speed training. Becuase of this, holders of the D5L must meet the high-speed licence requirement if they are to operate a recreational craft capable of a maximum speed of 50 knots or more.

Overview of craft models and engines

Both during the investigation and consultation, people have pointed out that it will be challenging to enforce these rules. It will be difficult for the police during an inspection to identify whether or not the craft is capable of a speed of more than 50 knots. Still. it is safe to assume that many of those who will operate craft with a maximum speed of more than 50 knots will comply with this requirement. A lack of compliance may have consequences should an accident happen, such as loss of insurance, etc. if the master does not comply with the formal competence requirements.

To streamline the enforcement, the Norwegian Maritime Authority has been tasked with making a list of recreational craft that definately have a maximum speed of 50 knots or more. The list will have to be updated as new models are identified. Note that masters of recreational craft capable of reaching a maximum speed of 50 knots or more will be subject to the high-speed licence requirement even if the craft they operate is not on the list. The requirement for a high-speed licence depends on whether the craft, with its current engine, is capable of reaching a maximum speed of 50 knots or more. Additionally, the master always bears the responsibility to understand and adhere to the relevant requirements.

The industry currently does not have a uniform way of testing craft speed. The NMA believes it would be useful to establish a standardised test for measuring/testing craft speed. To ensure equal treatment and identification of vessels on the list, the NMA will provide guidelines for such a speed test. The test regime is proposed based on he ISO standard for determination of maximum propulsion power rating¹ and on the experience of the NMA in the recreational craft industry, including importers, manufacturers and a professional organisation.

Generally, there are many parameters affecting the top speed of boats with a certain engine power. These could include the type of fuel, propeller, choice of propulsion, vessel displacement, etc. We have not attached a detailed list here, but the NMA has considered which parameters should be included. In the following section, there is a description of how a test may be carried out. A test regime will be made and published on the NMA's website.

The test will be conducted to facilitate testing of recreational craft already on the market when needed.

Examples of parameters included in the testing of vessels are provided in Table 1 . Table 2 provides examples of boats that, according to a test carried out by the manufacturer, are clearly capable of a maximum speed of more than 50 knots. This type of information will be made available to the public and help streamline the enforcement. 

	LH < 8m	8m ≤ LH ≤15m	15m < LH
Tank contents	Tanks for consumable liquids: 0–10%. Fuel: Approx. 50%
Weather conditions	Maximum wind 5ms-1 and maximum wave height 0.2m.
Trimming of driver/engine	An engine with powertrim must be trimmed to a neutral trim (or the b.o.s.s. parallel with the water surface).
Number of persons	One person on board.	Two persons on board.	Three persons on board.
Equipment on board	The boat shall have no movable equipment, only essental equipment for normal operation.
Test distance	Two test races in the opposite direction along a line with maximum power for a set period of time.
Test data	Average speed of the maximum speed measured in the two test races. GPS data must be used.

Manufacturer	Boat model	Engine installation
Goldfish Boat AS	23 Tender	Mercury V6 Four-Stroke 225 hp
Goldfish Boat AS	23 Tender	Mercury V8 Verado 250 hp
Goldfish Boat AS	30 Sport	Mercury 6.2 MAG 350: Gasoline
Goldfish Boat AS	30 Sport	Mercury 4.2 370: Diesel
Hydrolift	X-26s	Mercury 300 hk: Gasoline
Hydrolift	X27 SUV	Mercury 450 hk: Gasoline
Hydrolift	C-28	Twin 370 hk: Gasoline

Conditions for high-speed licence

A high-speed licence may be issued to persons who meet the requirement to operate recreational craft with a mandatory boating licence and who have completed the high-speed course. The course includes a theoretical part, a practical part and a test.

However, the high-speed licence alone does not entitle a person to operate a recreational craft since the high-speed course does not provide basic training in the operation of recreational craft. Therefore, anyone applying for a high-speed licence must meet the conditions of mastering a recreational craft requiring a boating licence. For persons born on or after 1 January 1980, this means that they need a certifiate of competency, such as a boating licence, ICC, Certificate for deck Officer Class 5 Pleasure Craft or a higher certificate. Persons born before 1 January 1980 are exempt from the boating licence requirement and therefore meet the conditions to operate recreational craft requiring a boating licence without having a certificate of competency.

The age limit for obtaining a high-speed licence is 18 years. The NMA's investigation refers to research indicating that the human brain is not fully developed until a person is grown up, which means that young people generally take bigger risks, act more impulsively and are involved in more accidents than adults. The investigation also shows how the minimum age requirement for having a driver's licence for a motorbike increases with the power of the engine.

Requirements for theoretical and practical courses

The high-speed course includes a theoretical and a practical part, with a final test. The course providers decide themselves if the theoretical part should be in a classtoom or online. Before the practical part can be carried out, the theoretical part must be completed. If the theoretical and the practical tests are taken using two different providers, the theoretical provider will be responsible for testing the candidate.

The practical part will separate between boat and personal watercraft. This reflects that boats and personal watercraft in many ways are two different vessel types requiring different training. The teaching objectives from the course plan laid down by the NMA will be the basis for the high-speed course.

The age limit for the actual high-speed course is 17 yearsm which is 1 year before the first possible issuing of the licence.

Master's rights

As mentioned in 4.4 the practical part of the high-speed course separates between boats and personal watercraft. The high-speed licence is issued with master's rights for the vessel type (boat or personal watercraft) om which the practical part of the course was based. To obtain a high-speed licence for both boats and personal watercraft, one needs to take the practical part of the course both with a boat and a personal watercraft.

Course provider requirements

Course providers must be approved by the NMA to be permitted to offer high-speed courses. It is possible to be approved either as a provider of both the theoretical and practical part or only the practical part. It will not be possible to get approval to offer only the theoretical part. This is both to secure the quality of the theoretical courses and to stimulate as many providers as possible of the practical part. The NMA will lay down more detailed guidelines with requirements to course venues and personnel.

The practical part of the high-speed course involves great risk if not carried out responsibly. Therefore, course facilitators must establish and implement a sagety management system. The safety management system will assist the course facilitators in makung sure hazards and risks are identified and dealt with.

Course facilitators must also establish a quality system to ensure that the high-speed course is carried out according to set requirements and guidelines. This requirement corresponds with the requirements for becoming a supplier of the practical test for ICC and the course for recreational craft operator.

Practical part – intructor requirements

Instructors in high-speed courses for boats must, as a minimum, hold Certificate for Deck Officer Class 5 Pleasure Craft (D5L). This ensures that instructors have sufficient basic knowledge on manoeuvring and navigating a boat safely. The D5L is an extensive certificate entitling the holder to operate recreational craft of up to 24 metres in length. Additionally, the certificate is a minimum requirement for masters of vessels of less than 15 metres used for commercial purposes and carrying up to 12 passengera, cf. section 67 of the Qualification Regulations. The course for masters of recreational craft consists of a minimum of 129 teaching lessons covering both theoretical and practical training.

The Norwegian Maritime Authority has deterimned that the Certificate for Deck Officer Class 5 Pleasure Craft is not particularly usefurl for personal watercraft instructors. Therefore, these instructors are exempt from the requirement for a Certificate for Deck Officer Class 5 Pleasure Craft. However, they must hold at least a boating licence.

Instructors must also have a valid medical certificate for Deck Officer Class 5 Pleasure Craft, which must be no older than 2 years. This ensures that instructors are physically and mentally fit to provide high-speed training. The medical certificate fir Deck Officer Class 5 Pleasure Craft can be issued by your regular GP and follows the requirements oulined in section 30 of fthe Qualification Regulations. A medical certficate for employees on board ships isssued by a seafarer's doctor also meets this requirement.

As an instructor in a high-speed course, possessing basic knowledge of safety on board boats is essential. Being at sea is generally associated with a certain degree of risk, and this risk is heightened when operating at high speed. This is why instructors must have proof of valid safety training for seafarers on smaller ships as a minimum². This safety training was introduced alongside the new Certificate of Competency for Deck Officer Class 6 (D6) and is tailored to smaller vessels. This certificate is also a requirement for masters of vessels of less than 15 metres used for commercial purposes and carrying up to 12 passengers, cf. section 67 of the Qualification Regulations.

For personal watercraft instrcutors, the Norwegian Maritime Authority has deterimned that undergoing the full safety training course is not necessary. Instead, personal watercraft instructors are only required to document first aid knowledge covering the first aid part of the safety training course.

Instructors must have relevant experience for the type of high-speed craft that will be used in the training. This is to ensure that the high-speed course is carried out in a safe and professional manner. The instructors must have experience in operating boats at a high speed, and they must also have detailed knowledge about the type of vessel that will be used in the training. The same applies for personal watercraft training. Relevant experience may include roles in the Norwegian Armed Forces, the police, the rescue service, master of a high-speed craft in commercial operation (such as a RIB) or other high-speed craft experience.

There are no public high-speed instructor courses for recreational craft. Aspiring instructors cannot provide formal documentation of instructor competence in this area. Therefore, a decicated instructor course will be developed, and course providers must ensure that instructors complete this course. The providers of instructor courses must be approved by the Norwegian Maritime Authority.

Training vessel and safety equipment requirements

Traning vessels, excluding personal watercraft, shall be constructed and equipped pursuant to chapters 3, 4 and 5 in the Regulations of 14 January 2020 No. 63 on vessels of less than 24 metres carrying 12 passengers or less. This requirement also applies to high-speed craft used to transport up to 12 passengers (high-speed sea rafting, etc.). Since high-speed courses in many ways compare with such operations (carriage of passengers at high speed), the NMA considers it useful to apply the same requirements to training vessels. Chapters 3, 4 and 5 in the Regulations of 14 January 2020 No. 63 on vessels of less than 24 metres carrying 12 passengers or less, specify requirements for construction and equipment, radio communication and life-saving appliances. Anyone staying outside on board vessels used for training, including personal watercraft, must wear appropriate CE-marked floatation equipment.

Regarding personal watercraft used for high-speed training, the NMA does not consider it necessary to apply the same requirements as for boats. Some of the requirements of chapters 3, 4 and 5 in the Regulations of 14 January 2020 No. 63 on vessels of less than 24 metres carrying 12 passengers or less would bee challenging to meet on a personal watercraft. Instead, personal watercraft used for high-speed training must be CE-marked pursuant to the Regulations of 15 January 2016 No. 35 on the manufacturing and the placing on the market of recreational craft and personal watercraft, etc. Additionally, a helmet and suitable clothing are mandatory. Suitable clothing implies being dressed to fall in the sea, such as wearing a diving suit. Like boats, everyone is required to wear suitable floatation equipment. Due to a high risk of falling off the personal watercraft or striking the handlebars, it is important that the floatation equipment provides padding, especially in the chest area.

Practical high-speed personal watercraft training entails a high risk of falling in the water or striking the handlebars, potentially resulting in injuries and being stranede in the water unable to get back up on the personal watercraft. Therefore, the NMA deems it necessary to require an accompanying vessel when the practical part is conducted on a personal watercraft. The accompanying vessel must be equipped with radio communication and first aid equipment, and capable of rescuing people from the water.

The accompanying vessel must be constructed pursuant to section 9 of the Regulations of 14 January 2020 No. 63 on vessels of less than 24 metres carrying 12 passengers or less, that is CE-marked or equivalent.

Recognition of foreign high-speed licences

Foreign nationals must relate to the same requirements as Norwegian nationals. Therefore, foreign nationals seeking to operate Norwegian recreational craft capable of reaching a maximum speed of 50 knots or more must undergo a high-speed course. However, the NMA acknowledges that there are foreign certificates of competency equivalent to the Norwegian high-speed licence. Consequently, the NMA may approve foreign certificates of competency that largely meet the requirements in the Norwegian high-speed licence.

Fee for issuing

Applicants will be required to pay a fee for the issuing of the high-speed licence, similar to the current fees for boating licence, ICC and the Certificate for Deck Officer Class 5 Pleasure Craft. The fee has not yet been set. It will be determined at a later stage by the Ministry of Trade, Industry and Fisheries in accordance with the Regulations of 21 December 2009 No. 1739 on fees for the issue of certificates and endoresements to maritime personnel.

Sanctions

The Act relating to Recreational and Small Craft section 26 first paragraph states that "the king appoints a public authority to ensure that the provision given in or pursuant to the chapter are complied with". According to section 22, the police have the authority to verify that the master complies with the requirements.

The penal provision of section 24 refers to section 28 of the Act relating to Recreational Craft. This provision stipulates that anyone who wilfully or negligently violates the provisions made in or pursuant to chapter 3 shall be liable to fines. Violations of the requirements of the Regulations are therefore typically punishable by fines. Regulations of 15 June 2001 No. 634 on simplified fixed-rate optional penalties in cases concerning recreational and small craft, established by the Ministry of Justice and Public Security, provide the legal basis for issuing simplified fixed-rate optional penalties in cases of incompetence to operate recreational craft. The Regulations on simplified fixed-rate optional penalties needs to be amended to allow for the issuance of simplified fixed-rate optional penalties for operating a recreational craft without a high-speed licence. Without this legal basis, fines pursuant to the Act relating to Recreational Craft section 28 must be applies in cases of lacking a high-speed licence.

The Act relating to Recreational Craft chapter 3 A regulates the loss of the right to operate recreational craft with a boating licence requirement. The Regulations of 25 June 2010 No. 975 (available in Norwegian only) on the loss of the right to operate recreational craft with a boating licence requirement detail the terms for the loss of the right to operate in more depth. This legislation pertains to recreational craft of less than 15 metres with a boating licence requirement. The legislation should be evaluated to determine whether there is a need for amendment so that the high-speed licence may also be revoked if needed.

Comments on the provisions

Comments to the Regulation concerning amendments to the Regulations on requirements for minimum age and boating licence, etc. for masters of recreational craft:

Section 1 first paragraph - Scope of application

These Regulations apply to Norwegian recreational craft

The existing Regulations on requirements for minimum age and boating licence, etc. currently apply solely to owners and masters of Norwegian recreational craft with a length of less than 15 metres within Norwegian territory.

The high-speed competence requirement extends the application to all owners and masters of Norwegian recreational craft. This includes owners and masters of Norwegian recreational craft with a hull length of 15 metres or more, necessitating a Certificate for Deck Officer Class 5 Pleasure Craft (D5L).

The amended section 1 first paragraph broadens the scope of application of the Regulations to include owners and masters of recreational craft with an overall length of up to 24 metres. This aligns with the definition of recreational craft in section 1 (2) if the Small Craft Act.

Section 2 – Definitions

Section 2 (b) simplifies the drafting of other provisions within the Regulations by defining the licences and certificates covered by them as "certificates of competence". The current sectio 2 (a) is thereby no longer needed and thus repealed.

There is only one provision in the Regulations which concerns boating licence regisrers, and a separate definition is not necessary in section 2. The current section 2 (b) is therefore repealed.

After the amendments, the current section 2 (d) is no longer applicable. The definition of recreational craft provided in the Small Craft Act applies to the Regulations. A separate definition o fthis term in the Regulations is not necessary. Therefore, section 2 (b) is repealed.

Section 3 – Duties of the boat owner and master

The provision continues the current section 3 with some linguistic modifications. The first sentence states that the master and the owner of the boat are responsible for ensuring compliance with the provisions of these Regulations, unless otherwise provided by the individual provision or context. The second sentence specifies that the boat owner shall ensure that anyone using the boat meets the conditions for operating it.

Section 7 – Qualification requirements

The provision regulates the recreational craft with a boating licence requirement. The requirements for operating recreational craft of 15 to 24 metres in length are outlined in the Regulations of 22 December 2011 No. 1523 on qualifications and certificates for seafarers (Qualification Regulations).

The existing Regulations apply to owners and masters of Norwegian recreational craft of less than 15 metres. With the expansion of the Regulations to include owners and masters of Norwegian recreational craft of up to 24 metres in length, along with the introduction of the high-speed licence requirement, amendments to section 7 regarding the current qualification requirements are necessary. 

The current section 7 second paragraph on practice is repealed since a separate general provision on this subject is included in section 19.

First paragraph

The provision remains materially unchanged. The boating licence requirement applies to boats of more than 8 metres in length or equipped with an engine exceeding 25 HP/19 kW. However, with the expanded scope of the Regulations to include recreational craft of up to 24 metres in length, it is now specified that the requirement for a boating licence also applies to masters of recreational craft of less than 15 metres.

Second paragraph

The second paragraph is equivalent to the current third paragraph and exempts persons born before 1980 from the boating licence requirement.

Third paragraph

The third paragraph is new and added due to the introduction of the high-speed licence requirement. This provision states that masters of recreational craft capable of reaching a maximum speed of 50 knots or more must also comply with the high-speed licence requirement outlined in chapter IV A of the Regulations. The fact that the high-speed licence requirement "also" applies emphasises that the master must always comply with the requirements of the first or second paragraph. This means that the master must always hold a boating licence or a higher level of competence, or alternatively be born before 1980. Additionally, they must hold a high-speed licence if the boat is capable of achieving a maximum speed of 50 knots or more.

Section 13 – Recognition of foreign boating licences

This provision is continued, but the second paragraph is relocated to section 15 a.

Section 15 – Issue of an International Certificate for Operators of Pleasure Craft

This provision remains materially unchanged from the current provision. The amendments mainly stem from the extended scope of application of the Regulations to boats of up to 24 metres in length and the introduction of the high-speed licence requirement. Section 15 first paragraph b has been amended to clearly state that North American nationals may be issued with an International Certificate for Operators of Pleasure Craft.

First paragraph

It is specified that the International Certificate for Operators of Pleasure Craft for navigation in coastal waters which may be issued pursuant to this provision applies to recreational craft of less than 15 metres in length and capable of a maximum speed of 50 knots.   

Section 15 a – Recognition of an International Certificate for Operators of Pleasure Craft

This provision continues the current section 13 second paragraph but is relocated to a new provision to align with the structure and context of the Regulations.

Section 17 a – High-speed licence

First paragraph 

This provision requires masters of recreational craft capable of reaching a maximum speed of 50 knots or more to hold a high-speed licence. Instructors are considered masters of recreational craft and thus must hold a high-speed licence to operate vessels used in the high-speed training if the boat is capable of a maximum speed of 50 knots or more. The master must have a high-speed licence if the recreational craft is capable of reaching a maximum speed of 50 knots with the installed engine. Therefore, the actual speed at which the boat operates does not matter. Various factors incfluence the speed of the boat. A standard test for speed calculation is therefore necessary.

Regarding other competence requirements for masters, it is the responsibility of the master to ascertain whether the boat is capable of reaching a speed of 50 knots or more, indicating the need for a high-speed licence. 

Section 1 item 2 of the Small Craft Act defines recreational craft as "any floating device which is intended for use and capable of moving on water, with an overall length of less than 24 metres and which is not used for commercial purposes". Personal watercraft are included in this definition. For clarity, it is specified in the provision that masters of personal watercraft are also subject to the high-speed licence requirement.

It is specified that the high-speed licence alone does not provide the competence basis to operate a recreational craft. The master must always meet the basic requirements to operate the recreational craft in question. This applies whether it is a recreational craft of less than 15 metres requiring a boating licence or a recreational craft of 15 to 24 metres in length requiring a Certificate for Deck Officer Class 5 Pleasure Craft or higher competence. The high-speed licence requirement is added to this if the recreational craft is capable of a maximum speed of 50 knots or more

Second paragraph

A high-speed licence is required if the boat has an engine installed that makes the boat capable of a speed of 50 knots or more. The master always has a responsibility to understand and fulfil the applicable requirements. To streamline enforcement, the Norwegian Maritime Authority will make detailed guidelines providing an overview of recreational craft with a clearly defined maximum speed of more than 50 knots. The term "clearly" refers to recreational craft clearly capable of achieving speeds of more than 50 knots. A safety margin has been incorporated to prevent recreational craft incapable of reaching speeds of 50 knots or more from being included in the list.

The list will need regular updates as new models are identified. Note that masters of recreational craft capable of achieving a maximum speed of 50 knots or more will be subject to the high-speed licence requirement even if the specific craft they operate is not listed. 

A standard test to calculate or test the speed of a vessel is necessary to ensure equal treatment and minimise errors.

Section 17 b – Issue of high-speed licence

This provision describes the high-speed licence requirements.

First paragraph

The initial requirement for issuing a high-speed licence is that the person must be over 18 years of age.

In (a), there is a requirement that the person must meet the qualifications for operating a recreational craft that necessitates a boating licence requirement. This means that persons born on 1 January 1980 or later must hold a valid certificate of competency for operating a recreational craft, such as a boating licence, an international boating licence, a Certificate for Deck Officer Class 5 Pleasure Craft or higher competence. Persons born prior to 1980 are exempt from the boating licence requirement and will typically meet the requirements for operating a recerational craft with a boating licence requirement.

However, if a person born before 1980 has lost the right to operate craft, the requirement to operate a recreational craft with a boating licence will not be met until they pass the boating exam.

Furthermore, subparagraph b states that the person who will be issued with a high-speed licence must complete a theoreticasl and practical high-speed course. Section 17 c deals with requirements for theoretical and practical high-speed courses.

Second paragraph

This provision allows for the Norwegian Maritime Autrhority to decide whether other Norwegian high-speed training may exempt persons from the requirement of completing a theoretical and practical high-speed course. Examples of comptence to be evaluated by the NMA are the Certificate of Competence Deck Officer with approved high-speed training and other relevant high-speed training provided by the Norwegian Armed Forces or motor sport associations, etc.

Third paragraph

The second paragraph states that the high-speed licence is issued either for boats or personal watercraft. The practical part of the high-speed course may be conducted on either personal watercraft of boats, which hace different operating and high-speed qualities. The high-speed licence is therefore issued valid for the vessel type on which the practical part of the course was conducted. Therefore, persons wishing to operate boats or personal watercraft capable of reaching a maximum speed of 50 knots or more must complete the practical part of the course for both types. The theoretical part of the high-speed course is the same for boats and personal watercraft.

The Small Craft Act section 40 applies to personal watercraft and similar power-driven smaller vessels constructed to carry persons and not typically referred to as boats. This provision thereby distinguishes personal watercraft from other recreational craft.The same distinction is applies in the Regulations.

Section 17 c – Requirements for theoretical and practical courses

First paragraph

This provision states that the high-speed course consists of a theoretical and a practical part. While the theoretical part is the same for boats and personal watercraft, the practical part is specific for boats and watercraft. Section 17 b provides further details.

The NMA is in the process of developing guidelines with more detailed information on the learining objectives and implementation of the course.

Second paragraph

The second paragraph states that persons who have reached the age of 17 may complete the high-speed course. This allows for completion one year before the earliest issuance of the high-speed licence.

Section 17 d – Requirements for course facilitators

This provision states that cours facilitatiors organising high-speed courses must receive approval by the NMA.

Additionally, the course facilitators are required to establish, implement and further develop a safety management system which can be documented. This safety management system serves as a tool to ensure that high-speed training is conducted responsibly and safely for both participants and instructors.

The contents of the safety management system do not need to be extensive. However, the requirements outlined in a to f specify the requirements that the system must meet at a minimum. These requirements are based on those specified in the Regulations of 14 January 2020 No. 63 on vessels of less than 24 metres carrying 12 passengers or less section 4 first paragraph. However, the safety management system requirements for companies conducting high-speed training are less rigorous than those for operations involving 12 passengers.

Section 17 e – Requirements for instructors

First paragraph

This provision states the minimum requirements to high-speed course instructors.

In (a), it is specified that instructors must, at a minimum, hold a Certificate for Deck Officer Class 5 Pleasure Craft, cf. section 29 of the Regulations of 22 December 2011 No. 1523 ob qualifications and certificates for seafarers (Qualification Regulations). In (b), there is a requirement for instructors to have a valid medical certificate for the Certificate for Deck Officer Class 5 Pleasure Craft, which must not be older than two years. Medical certificates for masters of recreational craft are regulated in section 30 of the Qualification Regulations. Section 30 of the Qualification Regulations, however, does not require a medical certificate for masters of recreational craft beyond what is related to the issuing of the certificate. That means that this requirement is stricter for instructors at high-speed courses, as they need a medical certificate that is no older than two years.

The requirement in (c) has been included to ensure that the instructors have sufficient knowledge of safety on board boats. The course was established in connection with the introduction of the new Certificate of Competency for Deck Officer Class 6 (D6)m and the training is tailored to smalled vessels.

This certificate is also a requirement for masters of vessels of less than 15 metres used for commercial purposes  and carrying up to 12 passengers, cf. section 67 of the Qualification Regulations.

In (d), there is a requirement for the instructor to have relevant experience for the type of high-speed vessel for which the training is conducted. Relevant experience includes jobs in the police, the armed forces, experience from motor sport in an association and mastery of a high-speed craft in commercial operation, etc. The assessment will be discretionalry, and the NMA will provide applicable guidelines.

Experience and competence must be confirmed by a company, organisation, union or similar entity within the maritime industry. Private use of recreational craft or personal watercraft is typically not considered relevant experience.

Instructor course requiremets are regulated in (e). The Norwegian Maritime Authority will establish guidelines for the contents of the instructor course.

Second paragraph

An exemption from the requirements in the first paragraph has been established for instructors of personal watercraft. Instructors must, at a minimum, hold a boating licence. Additionally, the instructors will be required to document first aid knowledge covering the first aid part of the safety training course described in (c). Personal watercraft instructors also need to meet the requirements of the first paragraph (b), (d) and (e), meaning they must have a valid medical certificate, relevant experience and have completed an instructor cours.

Section 17 f – Requirements for construction and safety equipment

This provision contains requirements for the construction and safety equipment of training vessels.

The content of the construction and safety equipment requirements were adressed in the consultation letter in the section titled "Requirements for training vessels and safety equipment".

The final paragraph of the provision sets a requirement for the vessel being used in high-speed training to be suitable for this purpose. This means that the vessel must have the characteristics that enable the teaching objectives to be met using the vessel. Even if the practical part does not involve training at speeds exceeding 50 knots, it is expected that the vessels used in the training primarily have a speed potential corresponding to the 50-knot limit.

Section 17 g – Recognition of foreign high-speed licence

This provision establishes a framework for recognising high-speed training and high-speed licences from other countries in Norway. The first criterion for recognising foreign high-speed competency is that the high-speed training offered in the country in question must largely meet the requirements of Norwegian high-speed training. Essentially, the quality of the training and the competence imparted by the foreign course must be equivalent to that of Norwegian high-speed training.

In other words, for foreign high-speed competency to be recognised, it is essential that both the learning objectives and the implementation of theory and practice in the high-speed training align closely with those in Norway. Additionally, there is an absolute requirement stating that foreign high-speed competency must be documente with some form of proof or certificate accepted by the authorities in the respective country.

This provision is a so-called "should rule". That means, among other things, that a foreign certificate of competency is not automatically approved for use in Norway. However, if the NMA recognises a foreign certificate of competency for high speed, anyone holding this certificate will be able to use it in Norway without applying individually.

As specified in the comments to section 17 b, the high-speed licence alsone does not provide the competence basis to operate a recreational craft. The master must always meet the basic requirements to operate the operational craft in question, whether it is a recreational craft of less than 15 metres requiring a boating licence or a recreational craft of 15 to 24 metres in length requiring a Certificate for Deck Officer Class 5 Pleasure Craft or higher competence. The high-speed licence requirement is added to the basic competence for recreational craft capable of a maximum speed of 50 knots or more. This also means that a foreign certificate of competency for masters which is valid without any speed limitations for the boat (as the case is for the Norwegian boating licence today) does not automatically entitle the holder to have the certificate recognised as a high-speed licence in Norway.

For foreign high-speed competency to be recognised in Norway, there needs to be high-speed training and competence provided which largely corresponds with Norwegian high-speed training.

Other limitations set by these regulations and other legislation for recreational craft also applies to the recognition of foreign high-speed competency in Norway

Section 17 h – Quality system

All course facilitators offering courses and training pursuant to these Regulations, and seeking approval from the NMA, are required to have a quality system. The purpose of this provision is to assist course facilitators in maintaining a sufficiently high safety and quality standard. The requirements for the contents of the quality system are set out in section 14 of the Regulations of 22 December 2011 No. 1523 on qualifications and certificates for seafarers (Qualification Regulations). The provision will apply to course facilitators offering high-speed licences and providers of practical test for international boating licences.

Section 18 – Boating licence registers

The provision changes and specifies the current section 18 on boating licence registers. The amendments are due to the fact that there are now several types of certificates of competency, which means that more than one register may be necessary. The other amendments have been done to ensure that this provision is in line with current privacy protection legislation.

Section 19 – Practice

The practice rules are regulated in section 7 second paragraph of the current Regulations. The above-mentioned provision only applies to practice with recreational craft requiring a boating licence. When introducing requirements for more types of certificates of competency, the practice rules have now been included in a separate provision.

The first paragraph states the main rule for when practice may take place. The requirement says that the teacher or accompanying supervisor must be able to legally operate the practice boat. However, a minimum requirement is that the teacher or accompanying supervisor must meet the requirement of operating a recreational craft with a boating licence requirement. The minimum requirement of a teacher or accompanying supervisor having to meet the requirement of operating a recreational craft with a boating licence requirement means that persons aged 16 or older, who are legally permitted to operate recreational craft of up to 8 metres in length and with engines up to 25 hp, may not act as teachers or accompanying supervisors during practice sessions unless they hold a boating licence.

The second paragraph states that the teacher or accompanying supervisor is regarded the master of the practice boat.

The third paragraph contains a limitation saying that the practice may only be undertaken at a safe speed and under appropriate weather and traffic conditions. There are no specific requirements on for example minimum age for the person who will do the practice, which means that even young children may typically practice pursuant to this provision. Therefore, the limitation in the third paragraph regarding responsible conditions varies depending on the person practicing. The lower the competence level in the person practicing, the stricter the requirements will be regarding appropriate speed and traffic conditions.

The fourth paragraph restricts persons with a ban on obtaining a licence, those who have lost or have had their right to operate a vessel revoked, or those who have had their right to operate a recreational craft with a boating licence requirement temporarily revoked, from parcticing for the duration of the ban, loss or revocation. This is similar to the regulations for practicing driving with a vehicle on the road. The primary concern is ensuring safety at sea. Persons to whom this applies have either committed  serious crimes such as dring-driving, or been deemed unfit to operate a vessel for other reasons. Therefore, they should not have access to practice for the duration of the ban, loss or revocation.

Section 20 – Requirements to present a valid certificate of competency

The contents of this provision is the same as in the current section 8, but now with the general term "certificate of competency" used to encompass more types of competence requirements introduced. With the introduction of the new competence requirements, this provision has now become more general and has been relocated to chapter V.

Section 21 – Digitalt certificates

This provision allows for the issuance of digital certificates of competency either individually or in conjunction with paper certificates. However, at present, there are no systems or tools in place for digital issuance. Considering the digital development in other sectors of society, we believe it will be both necessary and desirable to be able to issue digital certificates in the relatively near future. When that time arrives, legal basis will be provided by this provision.

Section 22 – Supervisory authority

This provision states that the police will oversee compliance with the requirements for owners and masters of recreational craft.

Section 23 – Fees

This provision continues the current section 19 and now includes the legal basis for claiming a fee when issuing the high-speed licence.

Section 24 – Penalty

This provision continues the current section 20 but now inlcudes high-speed certificates.

Comment to Regulation concerning amendments to Regulation of 22 December 2011 No. 1523 on qualifications anc certificates for seafarers:

Section 29 (2) – Certificate for Deck Officer Class 5 Pleasure Craft

It has been added in the provision that it also applies to the requirements for a high-speed licence for masters of recreational craft with a requirement for a Certificate for Deck Officer Class 5 Pleasure Craft if the boat is capable of reaching a maximum speed of 50 knots or more.

Administrative and financial implications

As a part of our investigation into high-speed competence requirements for masters of recreational craft, the NMA comissioned Menon Economics to conduct a socio-economic analysis as the proposition to introduce a high-speed licence for recreational craft was introduced.

In the analysis, Menon evaluated two alternatives:

• Alternative 1: One theoretical and one practical part, with the theoretical part conducted using ordinary classroom teaching
• Alternative 2: One theoretical and one practical part, with the theoretical part conducted using online training

In the investigation, the NMA recommended the second alternative, which in turn formed the basis for the proposal that was circulated for comments.

The NMA has since reached a more flexible solution where facilitators approved by the NMA are now able to choose whether to conduct the training in a classroom or online. As a result, there will not be a selection between the two alternatives.

The number of persons oting to take the course is a key factor for the socio-economic analysis. However, this number is very uncertain. A natural starting point would be to evaluate the number of vessels capable of reaching a maximum speed of more than 50 knots. There are several uncertainties in the numbers, and Menon has therefore evaluated the results for high, low and medium estimates. The estimates have been summarised in table 8.1.

	Low estimate	Medium estimate	High estimate
Current number of personal watercraft	3,000	3,500	4,000
Current number of motor boats	1,800	2,650	3,500
Annual growth in personal watercraft	300	400	500
Annual growth in motor boats	20	150	300

The analysis employs three estimates (low, medium and high) for the proportion of current masters who will enrol in the high-speed licence course. The estimates, conducted by Menon, provide examples with supporting arguments. The three estimates are summarised in table B below. Additionally, there is an estimation of annual growth in the number of masters taking the course.

In their analysis, Menon has estimated that the total socio-economic cost will range between NOK 98.2 and 265.2 million, depending on various factors such as the implementation of the course. For the medium estimate (see tablel B) of the number of persons who will take the high-speed licence, the cost is estimated to range between NOK 165.8 and 167.9 million. These costs will primarily be born by the course participants in the form of travel expensesm time and course fees. The details of the calculations can be found in table C below.

The primary objective of introducing the high-speed licence is to enhance the knowledge of masters of vessels capable of a maximum speed of 50 knots or more with more knowledge and help them make clever choices at sea. Menon believes that these amendments are likely to reduce the risk of accidents, although estimating a specific number is challenging. In their analysis, Menon has concluded that the licence must save 1–2 every second year to be considered profitable.

Consequences for individual persons

Menon has calculated that the course fee per participant will be NOK 3,500. This fee is only an estimate, and the actual price will be determined by the course providers. Further details of the calculations can be found in table A below.

Applicants will also need to pay a fee for the issuance of the high-speed licence, similar to the fees currently required for the boating licence, the International Certificate for Operators of Pleasure Craft and the Certificate for Deck Officer Class 5 Pleasure Craft. This fee has been included in Menon's calculations in table A. The amount is only an estimate, and the exact size of the fee has not yet been determined.

Based on experience with issuing other certificates that involve both theoretical and practical training, as well as an issuance fee, the NMA believes tha this estimate is a little too low. We expect that the actual costs will be higher for the candidates.

Menon has estimated that the total cost to be paid per participant will be around NOK 6,000 for alternative 2 and slightly more for alternative 1. This number includes the course fee, travel costs, and time. See table 7.5 below for details.

The high-speed certificate will be issued with master's rights fir either boats or personal watercraft. However, persons seeking master's rights for both will incur higher course fees, as they will need to complete two practical parts.

The introduction of the high-speed licence means that persons who currently or in the future are masters of vessels capable of speeds of more than 50 knots, and who choose not to take the course, will have limited opportunities to operate these craft. In the best-case scenario, their loss will be zero, and they can achieve the same by engaging in alternative activities. In the worst-case scenario,  their loss will be the same as the cost of taking the course, which is an estimated average of NOK 6,000. If the loss had been higher than NOK 6,000, it is reasonable to assume that they would take the course, thereby avoiding any loss.

The socio-economic analysis indicates that the introduction of the high-speed licence may influence the perceived sense of safety among sea users and could potentially reduce noise and interruptions for persons using the sea and recreational areas by the coast.

Consequences for the authorities

In their socio-economic analysis,  Menon had estimated that the total socio-economic cost would range between 165.8 and 167.9 million for the medium estimate alternatived (see tables B and C). These costs would primarily be covered by course participants through travel expenses, time commitments and course fees. The course fee is intended to cover the course expenses (see figure 11.1).

Society as a whole needs to carry some of the costs of the establishment of the course. This includes the development of the high-speed course itself as well as the tax financing costs.

The training costs for instructors will be covered by the course industry. However, due to the proposed competence requirements for instructors, there may already be persons who possess the necessary skills. The remaining establishment costs will be covered by the Norwegian Maritime Authority. These costs include expenses related to the development of the high-speed course (such as creating teaching plans, guidelines, exams, etc.) and tax financing costs. Menon has estimated that the cost of developing courses will be around NOK 1.3 millionm with additional tax financing costs.

The Norwegian Maritime Authority will also bear the costs associated with administering the high-speed licence, including processing applications and complaints, maintaining the register, approving course providers, and any expenses related to developing digital licences.
With the introduction of the competence requirements, there is some information work to ensure awareness of the high-speed licence requirement. Costs connected to this will be payable by the NMA.

Inspections based on the new legislation will have financial and administrative consequenses for the authorities. Currently, the police are responsible for inspecting and enforcing competence requirements for masters of recreational craft, and the high-speed licence will be incorporated into this inspection process.

The high-speed licence will mainly benefit society as a whole through reduced risk of accidents and increased perceived safety at sea. If this reduces the number of accidents, fatalities and injuries, part of the benefit will be for the public and volunteer sector through a reduction in the number of rescue operations, investigations and use of resources in the courts.

Consequenses for the industry

The course providers will incur the costs of establishing a course plan, course material, a test and training instructors. The course may be conducted either in a classroom setting or online. The course industry will be responsible for funding the developmenut of an online course.

As a part of the NMA's investigation, Safetec estimated an annual growth in the number of recreational craft capable of a maximum speed of 50 knots or more of 400–500 personal watercraft and 20–300 motor boats. The introduction of the high-speed licence could reduce this growth. This is because future masters of recreational craft capable of a maximum speed of 50 knots or more may opt against obtaining the high-speed licence, and will thereby not be permitted to operate such craft. This scenario sould have consequences for the manufacturers and vendors of the fastest types of recreational craft dure to a drop in the demand. For personal watercraft, the maximum speed may be electronically reduced on manufactured craft.

In their socio-economic analysis, Menon points out that the high-speed licence requirement will increase the barrier to renting and borrowing a high-speed craft. A natural consequence will be a reduction in the rental market for this type of vessel. In the rental market, it will become more difficult to hire vessels capable of a maximum speed of more than 50 knots. This can be adressed by installing a speed limited on the craft (especially personal watercraft), or by replacing vessels with ones that have a lower maximum speed. Either way, this may result in decreased demand and negative consequences for the industry. The scope of this effect is not clear. At best, it is negligible, and at worst, it is key to whether or not the rental market will remain.