Legal frame
Governing: D.Lgs. 171/2005 arts 53, 53-bis, 53-ter, 53-quater and 57-ter. Builds on: L1.1, L3.1, L3.2.
The alcohol limits
The Codice applies these to whoever is in command of any pleasure craft, licence or no licence:
| Blood alcohol | Fine | Licence |
|---|---|---|
| Over 0.5 up to 0.8 g/L | €2,755–11,017 | Suspended 3–6 months |
| Over 0.8 up to 1.5 g/L | €3,500–12,500 | Suspended 6–12 months |
| Over 1.5 g/L | €5,000–15,000; boat seized unless it belongs to someone uninvolved | Suspended 1–2 years; revoked if repeated within two years |
| Refusing the test | As over 1.5 g/L | As above |
Aggravations (art. 53-bis):
- between 22:00 and 07:00 the fines rise by one-third to one-half;
- if you cause an accident, they are doubled and the boat is seized;
- on a yacht over 24 m they are doubled.
Zero means zero
Art. 53-ter sets a zero limit for:
- anyone under 21;
- anyone using the boat for commercial purposes — the skippers and drivers of hire boats, excursion boats and charters.
Between 0 and 0.5 g/L the fine is €500–2,000, doubled with seizure after an accident. Above 0.5 g/L the ordinary bands apply, raised by at least a third.
Whether a holidaymaker who simply hires a boat counts as a "commercial" user is not spelled out; the skipper you pay certainly does. The safe reading for everyone: nobody at the helm drinks.
WARNING — The 18-year-old helmsman A licence-free boat may be driven from 16, but anyone under 21 is on the zero limit. One beer with lunch at the beach bar is an offence.
Drugs: €2,755–11,017 and 1–2 years' suspension (art. 53-quater), raised for under-21s and commercial users, whose licence is always revoked.
The other fines you are likely to meet
| Offence | Fine | Extra |
|---|---|---|
| Driving without the required licence | €2,755–11,017 | Doubled on a yacht over 24 m |
| Licence expired | €276–1,377 | Licence withdrawn |
| Breach of an ordinance or safety rule | €276–1,377 | Halved in a natante; AMP breaches excluded |
| Under-age at the helm of a licence-free boat | €65–665 | — |
| Speeding near harbours, beaches, corridors, buoy fields or anchored boats | €414–2,066 | Suspended 1–3 months |
| Within 100 m of a diver's signal | — | Suspended 1–3 months |
| Carrying paying passengers illegally | €2,775–11,017 | Suspended 1–3 months |
Where environmental damage results, all these rise by a third to a half and the licence is always revoked (art. 55-bis).
Paying: a worked example
Under art. 57-ter you may pay a reduced amount within 60 days: one-third of the maximum or twice the minimum, whichever is lower. A further 30 % off applies if you pay within 5 days, except for offences carrying seizure or licence suspension or revocation.
Illustrative case: you anchor inside a buoyed bathing zone in a hired natante. The range is €276–1,377, halved to €138–688.50.
- One-third of the maximum: 688.50 ÷ 3 = €229.50
- Twice the minimum: 2 × 138 = €276
- Reduced payment: €229.50 (the lower)
- Paid within 5 days: 229.50 × 0.7 = €160.65
For speeding (€414–2,066, with suspension) the reduced payment is €688.67 (2,066 ÷ 3), and the 5-day discount does not apply.
TIP — Keep the paperwork The fine is addressed to the person driving. The operator's only duty is to give the authority your details (art. 40(2)), so a fine may reach you after you have gone home.