How fines work at sea
At sea there is no fixed price list of fines as there is on the roads. The Ports and Merchant Navy Act (Royal Legislative Decree 2/2011) sorts offences into three levels and sets a maximum for each (article 312):
| Type | Where it is | Maximum fine | Lapses after |
|---|---|---|---|
| Minor | Article 306 | 60.000 € | 1 year |
| Serious (maritime safety) | Article 307 | 180.000 € | 3 years |
| Serious (traffic management) | Article 307 | 120.000 € | 3 years |
| Very serious (maritime safety) | Article 308 | 901.000 € | 5 years |
Within that maximum, the actual fine is decided case by case (article 314) according to the benefit obtained, negligence or intent, the damage caused, the number of offences and any aggravating or mitigating circumstances. For leisure boats the amounts actually imposed are well below those maximums, but they are not small.
On top of that, the same conduct moves up a level if it endangers the boat or people, if there are injuries or significant damage, or if you repeat an offence before it lapses (articles 307 and 308).
The most common offences
These are the ones that most affect a leisure skipper, with the exact article:
- Skippering without a licence or beyond its limits (with a Navigation Licence on a 10-metre boat, for example): serious, article 307.2.h. Handing the helm to someone without a licence is also serious.
- Going into a buoyed swimming zone, or through the strip 200 metres from beaches and 50 metres from the rest of the coast faster than allowed: serious, article 307.2.l.
- Breaching the rules on the boat’s surveys and certificates or refusing an inspection: serious, article 307.2.k.
- Boat paperwork missing or in poor condition: serious, article 307.3.c. Not producing it when asked: minor, article 306.4.a.
- Skipper under the influence of alcohol or drugs: very serious, article 308.2.i. If it is another crew member and it affects their duties, serious (307.2.d).
- Going out when the boat is not seaworthy, putting it at risk: very serious, article 308.2.a.
- Using distress signals without need: very serious, article 308.2.d. Letting off a flare for fun is no joke.
If your boat flies a foreign flag and you live in Spain, the same applies to you: I explain it in Polish flag and the Spanish licence.
The case of expired flares
This is the fine that surprises people most, because “the kit is complete”. But expired pyrotechnics are not simply old stock: over the years, and with the damp at sea, the charge degrades. It may fail to light when you need it o deflagrate out of control and start a fire on board. That is why flares carry an expiry date, and the Pyrotechnic Articles Regulation governs how they are made, sold and withdrawn.
Do not throw them in the bin or into the sea. When you buy new ones, hand the expired flares in at the point of sale or to an authorised waste handler.
How much people actually pay
There is no official published scale with the price of each offence. These are the guide amounts that circulate in the industry for the most common offences. Take them as an order of magnitude, not a tariff: the actual figure is decided by the Harbour Master in each case.
| Situation | Guide amount |
|---|---|
| An adult lifejacket missing | around €250 per lifejacket |
| A child’s lifejacket missing with a child on board | around €1,000 |
| Flares expired or missing | around €1,500 |
| No liferaft where one is compulsory | 3.000 a 6.000 € |
| 2 or 3 people over the authorised number | around €6,000 |
| Going further out than the boat’s equipment allows | around €3,000 |
Overloading deserves one more line: on top of the fine, the insurer may refuse to cover an accident if you had more people on board than authorised.
How to avoid them: the checklist before you leave
- Original licence on board, and valid for the boat and the distance you are going.
- Boat paperwork and compulsory insurance in force, on board.
- One lifejacket per person, in children’s sizes if there are children.
- Flares, fire extinguishers and liferaft in date, according to the boat’s navigation zone.
- Number of people: never more than the certificate says.
- Zero alcohol for whoever is at the helm.
- Swimming zones and the coastal strip: stay outside the buoyed channels, slow and well clear.
The full list, in the order we go through it on the pontoon, is in the Skipper’s App, free.
Frequently asked questions
What is the fine for sailing without a licence?
Skippering a boat without the required qualification is a serious offence against maritime safety (article 307.2.h of the Ports and Merchant Navy Act), with a fine of up to €180,000 under article 312.2.b. The actual amount is graded case by case.
What happens if I go out after drinking?
If the skipper is in charge of the boat under the influence of alcohol or drugs in a way that may impair their ability, it is a very serious offence (article 308.2.i), with a fine of up to €901,000. If it is another crew member, it can be serious or minor depending on the risk.
Can I be fined for carrying expired flares?
Yes. Carrying compulsory safety equipment that is out of date or incomplete breaches maritime safety rules. Expired pyrotechnics are also dangerous: they may fail to light or deflagrate out of control. They must be replaced, and the expired ones handed in at the point of sale or to an authorised waste handler.
How long before a boating fine lapses?
Under article 309 of the Ports Act, minor offences lapse after one year, serious ones after three years and very serious ones after five.