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Bonn Capers
Bonn Capers

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Within six weeks, the Federal Ministry of Transport has made a radical U-turn: the English SRC radio certificate is now not recognized. However, it remains questionable whether the new line is legally tenable.

The YACHT (issue 15/07) and other media have reported after reinsurance with the Federal Maritime and Hydrographic Agency and the Federal Ministry of Transport that the SRC radio certificate of the British Royal Yachting Association must also be recognized in Germany. The license can be acquired much more practically and more easily than the German version, which is heavily loaded with theoretical ballast. The “legally impeccable” recognition until yesterday is over for the time being, as the ministry said in a press release yesterday evening.

Jurists doubt, however, that the new attitude of the Bonners is in line with current law.

Here are the two explanations in full:

FIRST COMMUNICATION FROM THE MINISTRY OF TRANSPORT, JUNE 12th

Subject: Info from the BMVBS: Foreign radio operating certificates

Dear Sirs and Madames, As I gather from the inquiries that I am currently receiving, there is a need for clarification, especially among trainers, with regard to foreign radio operating certificates. Therefore, I would like to briefly outline the background and legal status.

There is no question that, for example, a British skipper with his British SRC can show a full radio operating certificate, which is also recognized by the German administration. The British SRC is recognized because it was issued on the basis of the "Radio Regulations" (RR). The RR are part of an international treaty that has been ratified by Germany.

But what about a German citizen who is completing a course based on the British model in Germany? In a united Europe, this is actually possible and legally impeccable. After successful completion, the German receives a British SRC. He cannot have this converted into a German SRC; that would be unnecessary anyway, since the British SRC is recognized in Germany and is therefore valid.

The British SRC is not only issued on the basis of the RR, but also on the basis of a technical recommendation from the Conference of European Postal and Telecommunications Administrations (CEPT). This recommendation T / R 31-04 lays down exactly the same test requirements in terms of content that are also used in Germany for a German SRC.

If you are interested, you can download the mentioned recommendation from the address www.ero.dk/documentation/docs/doc98/official/pdf/REC3104E. PD

How a trainer designs his training program to make his course participants fit for the exam is up to him. Regulations for radio operating certificates in water sports are what is checked, not how training is to be given.

If you have any questions or comments, please feel free to contact me by e-mail or by phone from the day after tomorrow, June 14th, 2007. But please bear in mind beforehand that I have only given you the status quo here. Not recognizing foreign radio operating certificates in the possession of German citizens would be tantamount to a violation of European legal principles.

With best regards from Bonn

SECOND COMMUNICATION FROM THE MINISTRY OF TRANSPORT, JULY 26TH

Re: Limited valid radio operating certificate (SRC)

Federal Ministry of Transport: Radio operating certificate from the British Sailing Association inadequate - review likel

Skippers who have a VHF DSC marine radio system installed on their sports boats and traditional ships and who therefore require a marine radio certificate (SRC) should not pass an examination in Germany according to the rules of the British sailing association RY. These "crash courses", which conclude with a short theory test, do not meet the German requirements for testing and participation in the international maritime radio service

According to press reports, sailing schools in some major cities offer one-day courses that can be successfully completed with a short theory test. The independent theoretical and practical test, which is mandatory in Germany, does not apply.

The radio certificates issued by the British Sailing Association are therefore in no way comparable with the German SRC. Various international agreements define how and what is to be checked for the acquisition of an internationally recognized SRC, which entitles the holder to participate in the GMDSS.

On behalf of the Federal Ministry of Transport, the Federal Maritime and Hydrographic Agency is currently investigating to what extent the RY examination content deviates from the examinations taken in Germany. Then it is determined to what extent holders of the British radio certificate have to undergo a review in order to be able to participate in the VHF marine radio service on German ships. This verification would be required for all German RYA certificate holders as well as for all foreigners who stay in Germany for more than a year.

The RYA radio operating certificate cannot be recognized in its present form. Germany is thus in line with other EU countries.