Are crew members who do not possess a corresponding skipper license (certificate of competence) actually allowed to steer a yacht? If so, under what conditions? And – does the insurance pay if damage occurs while the skipper was just below deck?
This question is often and gladly discussed – SeaHelp sheds light on the matter. Generally speaking: Yes – crew members without a skipper license are generally allowed to stand “at the wheel” (e.g., maintain course, perform a maneuver under instruction), as long as they are not the person in charge of the vessel.
A legal distinction is made here between “steering / helmsman” (i.e., when someone operates the rudder / steering wheel) and “commanding / skipper” (this refers to the person who has command and is responsible).
Particularly with the German “Sportboot-Führerschein (SBF) See,” it is often misunderstood that no one is allowed at the helm without a license. What is correctly meant is: the license is required for the person in charge of the vessel; a crew member can still steer on board if – and this is the crucial point – a “responsible skipper” has been designated.
The question remains, however: When is this (typically) permissible?
Answer: a lawyer would say “it depends” – in this case, the decisive factors are the respective cruising area / state in which you are traveling, the flag / the boat, and the specifically agreed charter contract.
In principle: the skipper remains on board or on deck, awake and ready to intervene
So much for the theory. In practice, however, the following often applies: The skipper remains on board, awake and ready to intervene (i.e., not: “I’ll be downstairs then, you’ve got this”). Clear instructions or supervision are required; the rule is: “the helmsman acts according to the skipper’s commands.”
In other words: the skipper always retains nautical responsibility, especially regarding navigation, lookout, and collision avoidance. Care should also be taken to ensure that no local special rules are violated, as some countries / authorities are quite strict about “who is at the helm” (for example, Croatia: the helmsman or steersman may generally only be a crew member who possesses a corresponding valid license).
In the case of a charter, there is also often a stricter interpretation in this regard; almost always, there is a corresponding passage in the contract in which the charter company requires a “qualified, named skipper”; who steers specifically and for how long is then more a question of due diligence or supervision and the corresponding contractual terms.
When is insurance coverage provided in this context – and when is it not?
Of particular interest in this context is the insurance coverage: when does it exist – and when can it become critical? A distinction must first be made here between liability and hull insurance: “In liability insurance (i.e., for damage to third parties), a loss caused by negligence is usually covered,” says SeaHelp insurance expert Robert Perger; so-called gross negligence is usually excluded from liability; however, this is almost always “included” in skipper liability insurance. Benefits can primarily be refused in the case of intent.
Note: The insurer can check who specifically “commanded” the boat / yacht and whether the skipper may have violated their duties of supervision and care (for example, by letting an inexperienced person sail alone). In such cases, liability protection may theoretically remain in place – but in certain instances, there is then a recourse liability / “internal liability” toward the skipper or the charterer – here too, it often depends on the respective contract or the specific constellation.
With hull insurance, the risk zone is larger: “in the event of gross negligence, the hull insurer is entitled to reduce / cut the benefit (depending on the severity) or even be completely free of the obligation to pay,” says Robert Perger.
The basis for this is (in Germany) § 81 VVG and § 61 VersVG (in Austria)
In § 81 VVG (Germany) it states:
(1) The insurer is not obliged to perform if the policyholder intentionally causes the insured event.
(2) If the policyholder causes the insured event through gross negligence, the insurer is entitled to reduce its performance in a proportion corresponding to the severity of the policyholder’s fault.
§ 61 VersVG (Austria):
The insurer is free from the obligation to perform if the policyholder causes the insured event intentionally or through gross negligence.
Additionally, the specifically agreed hull insurance conditions apply. “In some cases, gross negligence is also covered in hull insurance if the damage is not greater than 10,000 euros,” says SeaHelp insurance expert Perger; this should be checked in the respective conditions.
Typical “hull killers” are, for example, steering by an unqualified crew or the consumption of alcohol and drugs
Typical “hull killers” include, for example: a crew without a license steers without direct supervision – this is precisely what is evaluated as gross negligence (e.g., during difficult harbor maneuvers, night sailing, strong winds, or in a very narrow channel). Some policies / charter conditions also require that only a sufficiently qualified person commands or operates the vessel – if an unqualified person was effectively the “skipper,” this can also be considered a breach of obligations.
Further reasons for exclusion can be the verifiable consumption of alcohol or drugs, the disregard of weather or storm warnings, sailing in closed areas, etc. – these are classic points of reduction or dispute.
In the case of a charter, it should also be noted that while the yacht is often covered by liability and hull insurance, there can still be constellations in which the coverage is insufficient or disputes may arise. For this reason, a special skipper liability insurance is often recommended as supplementary insurance.
Also note: The skipper’s private liability insurance often does not apply to a charter or only to a very limited extent.
Five points to observe to avoid “coverage stress”:
- The skipper is clearly designated (and fulfills the cruising area / charter requirements).
- When the crew steers: Skipper nearby / in the cockpit, actively supervising.
- Maneuvers with risk (mooring / unmooring, locks, night, strong winds) only with very close guidance – or with the skipper themselves.
- Read the charter contract & insurance conditions! Look for phrases like “qualified skipper,” “only to be operated by…,” “warranty / obligation.”
- For frequent chartering: if necessary, check skipper liability + deposit insurance (reduces personal risk).
Further information / Contact SeaHelp-Insurance: Robert Perger, Tel. +43 (0) 6133 – 6272 15, Email: insurance@sea-help.eu.
