Review article
https://doi.org/10.21857/yl4okf3xv9
THE CLASSIFICATION OF PLEASURE CRAFT IN THE ITALIAN LEGAL SYSTEM : JUST A MATTER OF DEFINITION OR SOMETHING MORE?
Massimiliano Musi
; Alma Mater Studiorum – University of Bologna, Bologna, Italia
Abstract
The need to regulate the phenomenon of nautical tourism, strongly felt at least
in the Mediterranean area, has led the Italian legislator to provide a special framework
for pleasure craft different from the general discipline of the Italian Navigation
Code.
The provisions contained in the Italian Sailing Code (the so called ‘’Codice della
Nautica da Diporto’’) offer a legal classification of craft destined to pleasure navigation
(distinguishing, depending on the length, between ‘’unità da diporto’’, ‘’nave
da diporto’’, ‘’imbarcazione da diporto’’, ‘’natante da diporto’’), thereby specifying
the scope of the definition of ‘’ship’’ laid down in Article 136 of the Italian Navigation
Code.
The latter, indeed, in its first paragraph, after including any construction destined
to carriage on water, also for towage or fishing purposes, refers to craft intended
for pleasure sailing or other purposes as well.
Moreover, the adoption of EU directives, aimed at harmonizing the laws, regulations
and administrative provisions of the Member States and the characteristics
of pleasure craft, has extended the definition of ‘’watercraft’’ to new categories and
purposes. Therefore, the regulatory framework, already repeatedly revised, is still
evolving.
The article will focus on the analysis of the current Italian and European regulatory
framework, on the existing discrimen between merchant vessels and pleasure
craft and on the identification of the consequences related to this distinction, with particular regard to the relevant requirements and limits laid down for the
category of pleasure craft.
Keywords
vessel; pleasure craft; ship; Italian Pleasure Sailing Code
Hrčak ID:
195360
URI
Publication date:
28.2.2018.
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