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On waters that are not generally open to shipping, shipping may only be carried out with the approval of the district administrative authority. Small vessels without engine drive that are no longer than 9.20 meters and rowing boats do not require a permit.
According to the Bavarian Water Act (BayWG), anyone may in principle use above-ground waters free of charge for navigation with small vessels without their own propulsion without official permission and without the consent of the water owner or other authorized party. This includes small boats up to 9.20 meters in length without engine power such as rowing boats, paddle boats, inflatable boats and sailing boats without built-in living, cooking or sanitary facilities as well as windsurfers and kitesurfers. This so-called public use applies to activities in the context of traditional forms of leisure and sport. In contrast to the right of access under nature conservation law, these can serve both the enjoyment of nature and recreation as well as primarily economic or exclusively sporting interests, such as competitions.
In Bavaria, the use of sailing boats of 9.20 m or more in length or with an auxiliary engine over 4 kW (5.5 HP) engine power or with built-in living, cooking or sanitary facilities is not covered by this generally permitted public use and therefore requires a permit under navigation law from the district administrative authority. A superstructure that is closed on all sides and has a clearance height of more than 1.20 cm is deemed to be a living facility.
The permit can only be issued for boats that are no longer than 9.00 m and whose total permissible engine power does not exceed 191 kW (260 HP).
In addition, the engine must have a Stage 1 exhaust gas certificate in accordance with the Lake Constance Shipping Regulations or comply with the exhaust gas limits of the Recreational Craft Directive.
Sailboats cannot be registered as motorboats.
There are special regulations for vintage boats.
If a boat shell (including an inflatable boat) is equipped with an electric motor, it counts as an electric motorboat according to the BaySchiffV. This is subject to approval.
Holidaymakers have the option of applying for a vacation permit for a sailing boat or an electric motorboat once a year for a maximum of 4 weeks.
Since 16.06.1998, new recreational craft may only be placed on the market in EC countries if they bear a CE mark and a written declaration of conformity (in German) is presented.
Passenger and goods ships, floating equipment, rental vehicles and vehicles with engine drive, with the exception of electric motor boats, may only be put into operation if they have been approved by the district administrative authority (see § 19 BaySchiffV).
Sailing vessels with an auxiliary motor or living, cooking or sanitary facilities must be approved by the district administrative authority and bear an official license plate.
A permit agreement under private law must be concluded with the water owner if an annual water use fee is to be paid for navigation.
For reasons of water and nature conservation, the number of recreational motorboats with combustion engines requiring a permit is limited. Permits are only issued on Lake Starnberg and Lake Ammersee within the framework of maximum numbers (280 Lake Starnberg, 150 Lake Ammersee). In order to obtain a motorboat permit, you may be able to enter your name on a pre-registration list.
Motorboats and motor vessels on Lake Constance must be registered. Sailing boats without a motor, paddle boats and rowing boats that are longer than 2.5 meters must be registered.