Legal framework
Governing: loi 2026-798 art. 11 (Code des transports L5242-25 and L5242-26, in force 20 Aug 2026); décret 2026-434 (R5242-1, R5242-2); décret 2007-1167 art. 6–7; Code des transports L5242-2. Builds on: L2.1, L3.1.
What a patrol checks
Sea patrols (gendarmerie maritime, customs, maritime affairs, police) usually ask for:
- your licence, in original, with a sworn translation where needed (L1.2);
- the rental declaration (annexe 240-A.6), your copy (L2.1);
- the safety kit: lifejackets for everyone (children's sizes), and on a jet ski the neoprene and kill-cord (L1.3);
- where relevant, how fast you were going and where.
Alcohol and drugs: the 2026 offences
Since 20 August 2026, the Code des transports treats alcohol at the helm of a motor boat that requires a permis as a criminal offence (délit), even with no sign of drunkenness:
| Situation | Maximum penalty |
|---|---|
| Blood alcohol 0.80 g/L or more, or breath alcohol 0.40 mg/L or more | 3 years' imprisonment, €9,000 (L5242-25 I) |
| The above plus drug use shown by blood or saliva test | 5 years, €15,000 (L5242-25 II) |
| Drug use alone, shown by blood or saliva test | 3 years, €9,000 (L5242-26) |
The law also authorised the government to add, by ordinance, penalties for refusing a test and further supplementary penalties. Check whether that has been published before relying on the table as complete.
Drunk at the helm and speed: the June 2026 contraventions
Décret 2026-434 created two fourth-class contraventions at sea for motor pleasure boats:
- helming while manifestly drunk (ivresse manifeste), with possible withdrawal of the licence for up to one year and confiscation of the boat if the offender owns it or has free use of it;
- failing to control speed or to slow down when crossing, overtaking, in poor visibility or bad weather, or near swimmers, divers or obstacles (R5242-2).
The top of the fourth-class scale is set by the Code pénal, which we did not read for this guide; treat any figure you see quoted as unconfirmed until checked.
WARNING — the rented boat Confiscation applies to the boat the offender owns or has free use of. Whether a court would use it on a hired boat is untested, but the rental company's contract will certainly make you liable for any loss.
Other penalties
- Préfet maritime rules on prohibited zones for navigation, anchoring or activities: up to 1 year and €150,000 (L5242-2). Beach buoyage breaches are also contraventions under the Code pénal (AP 109/2024 art. 12).
- Licence withdrawal: a French permis can be withdrawn for up to a year, or permanently, for serious breaches, recklessness, drunkenness or drug use (décret 2007-1167 art. 6).
- Foreign-licence holders: may be banned from navigating from French ports or in French waters, temporarily or permanently (art. 7).
- National parks: the Calanques park cites fines of up to €1,500 for jet skis in the core (L3.3).
After an accident
We found no specific reporting form for pleasure-boat accidents in the texts read. The sensible order is:
- look after people first: call CROSS on 196 or VHF 16 if anyone is hurt or missing (L4.1);
- stay at the scene and give assistance to the other party;
- exchange names, boat registrations, insurers and photographs;
- tell the rental company at once and note the time and position;
- write a short account the same day, while it is fresh.
TIP — the simplest rule The driver drinks nothing. The law now makes that choice for you on any boat that needs a permis.