Waterkampioen watersport magazine

Q&A, hidden defect.

We returned from England with red diesel on board. What now? Do we have to report this somewhere. Jolanda Righton: After we filled up the tank we hardly motored at all.

Gera van Weenen, spokesperson for the Ministry of Finance: “Most water sports enthusiasts who return with red diesel in their tank have been to England. There you can’t fill up your tank any other way. You are allowed to empty your British tank here, provided you can prove with a receipt that you actually purchased this fuel, which is prohibited for water sports enthusiasts in the Netherlands, there. In addition, the amount of red diesel used for propulsion must be declared at the British pump where the tank was filled. This declaration must be made in writing on a special form that is provided at the pump. Usually 60 percent of the amount of fuel is declared for propulsion and 40 percent for other uses. On that 60 percent, the full amount of British tax must be paid. The highest rate. You do not have to report to Dutch Customs with your fuel receipt and copy of the declaration certificate when you enter the Netherlands again. But you do have to keep them on standby in case you are inspected. You may only have red diesel in your regular fuel tank(s), so no extra stock in jerry cans. Sailors with very few engines who do not use up their red diesel within a year of returning home from England may have their receipt stamped by Customs with the date of the inspection and the number of engine hours at that time. This way you can prove later that there is still red diesel in your tank because you did not do enough engine hours to make it up. You may still have some red diesel in the tank one year after the date on the receipt anyway. Customs applies a limit of 0.2 grams of colorant (Solvent Yellow 124) per 1000 liters of diesel. If the amount remains below this limit, the diesel will be regarded as not having any means of recognition. The visible red color that SY124 gives to diesel is then gone.”

What is a hidden defect?
One you don’t see, it’s that simple. but when selling, there is often more to it, especially because of the (financial) consequences. What then?

Frits Hommersom, a lawyer with a lot of experience in watersports-related lawsuits: “The seller does not know about the existence of a defect, then he cannot report it. The so-called information duty has not been violated. In that case the buyer’s duty of investigation puts the ball in the seller’s court. It is altogether different if the seller indicates for example that the ship is osmosis free. Then he takes a certain risk. If it turns out later that there are osmosis vapors, then the buyer is covered, even if no prior inspection is carried out.” How far will the surveyor go during the inspection? He or she does not usually carry out destructive testing. “If there is any doubt, the expert must ask for this anyway. If he doesn’t get this permission, he will have to indicate this in his report and exclude it. Nevertheless, it is very common for the surveyor to be allowed, for example, to scratch away antifouling locally to see what the surface looks like. If the moisture meter shows that the underwater hull is still damp, many surveyors will also be happy to scratch away the paint system underneath.” Are there limits to destructive testing? “If an older diesel engine is known for its blue smoke, that’s no reason to take it apart.

More information or download old articles: https://www.anwb.nl/kampioen/algemeen/digitaal-archief


Frits Hommersom met groene bril

"You have the right to a lawyer who tells it like it is!"

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