Act No. 114 / 1995 Coll.
Inland navigation law
Valid
Law
Effective from 01.10.1995
Contents
ČÁST I
§ 1
§ 2
ČÁST II
§ 3
§ 4
§ 5
§ 5b
ČÁST III
§ 6
§ 6a
§ 6b
§ 6c
§ 7
§ 8
§ 8a
ČÁST IV
§ 9
§ 10
§ 10a
§ 10b
§ 10c
§ 10d
§ 11
§ 12
§ 13
§ 14
§ 14a
§ 15
§ 15a
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
ČÁST V
§ 22
§ 22a
§ 22b
§ 23
§ 23a
§ 24
§ 24a
§ 24b
§ 24c
§ 24d
§ 24e
§ 24f
§ 24g
§ 24h
§ 24i
§ 24j
§ 24k
§ 24l
§ 24m
§ 24n
§ 24o
§ 24p
§ 24q
§ 24r
§ 24s
§ 24t
§ 24u
§ 24v
§ 24w
§ 24x
§ 24y
§ 24z
§ 25
§ 25a
§ 25b
§ 25c
§ 26
§ 26a
§ 26b
§ 26c
§ 26d
§ 26e
§ 26f
§ 26g
§ 26h
§ 26i
§ 26j
§ 26k
§ 27
§ 27a
§ 28
§ 29
§ 29a
§ 29b
§ 29c
§ 29d
§ 29e
§ 29f
§ 29g
§ 29h
§ 29i
§ 29j
§ 29k
§ 29l
§ 30
§ 30a
§ 30b
§ 31
§ 31a
§ 31b
§ 32
§ 32a
§ 32b
§ 32c
§ 32d
§ 32e
ČÁST VI
§ 33
§ 33a
§ 34
§ 35
§ 35a
§ 36
§ 36a
§ 36b
§ 36c
§ 36d
§ 36e
§ 37
ČÁST VII
§ 37a
§ 37b
§ 37c
§ 37d
§ 37e
§ 37f
ČÁST VIII
§ 38
§ 39
§ 40
§ 41
§ 42
ČÁST IX
§ 43
§ 44
§ 45
ČÁST X
§ 47
§ 48
§ 48b
§ 49
§ 51
§ 52
§ 53
§ 54
Zobrazeno prvních 200 z celkem 1653 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
114
THE LAW
of 25 May 1995
on inland navigation
Parliament has decided on this law of the Czech Republic:
INTRODUCTORY PROVISIONS
Subject matter
This law implements the relevant provisions of the European Union( 1), as well as the directly applicable provisions of the European Union( 2) and provides for
(a) the definition and management of waterways;
(b) conditions for the operation of vessels on inland waterways;
(c) rules on navigation,
(d) the conditions for the operation of inland waterway transport; and
(e) the competence and competence of the administrative authorities in the field of navigation.
Basic concepts
For the purposes of this Act:
(a) the watercourses or other body of surface water3) on which vessels may operate and the watercourses components of the waterworks and other structures and equipment listed in Annex 1 thereto;
(b) by sailing the movement or standing of the vessel on a waterway;
(c) the operation of a vessel shall be carried out by sailing and other activities directly related to it, in particular loading and unloading of cargo, boarding and disembarkation of persons, supplies of operating material or maintenance of the vessel;
(d) a vessel operated by a body intended to move or stand on water, in particular for the purpose of transporting passengers and cargo or carrying machinery and equipment;
(e) the assembly of vessels linked by several vessels, at least one of which is self-propelled;
(f) by means of navigational marking, signal signs placed on the surface, on the banks and on the structures on the waterway, light and sound signals issued for this purpose by a designated device located outside the vessel and a kilometer of the waterway;
(g) by port, a set of land, buildings, facilities including floating facilities, roads or their parts and installations directly and functionally related to and downstream of the adjacent part of the waterway (hereinafter referred to as the "land part of the port") and the port pool, the water areas necessary for the standing of vessels, waterfront walls with the levelling equipment and, where appropriate, the sloping bank and the pavilions enabling the standing, loading and unloading of vessels, the entry and exit of persons, the repair, maintenance and protection of vessels (hereinafter referred to as the "water part of the port");
(h) a landing site, a place to stand and serve vessels when boarding and leaving persons and equipped with fixed or floating landing gear;
(i) a loading and unloading site, equipped with a fixed or mobile transhipment facility and, where appropriate, a short-term storage facility,
(j) a bulking yard, a place equipped with a tie-up device intended for standing vessels by means of ties;
(k) the berth is a place intended for standing vessels on anchorages;
(l) a water transport worker, a member of the crew of the vessel and another person carrying out dependent work for the water transport operator on a vessel intended for the carriage of more than 12 passengers;
(m) on the day of rest, a rest period of 24 hours in succession, which may be spent by an employee in a place of his own choosing.
WATER TRAVEL
(1) The waterways are divided into monitored waterways and unmonitored waterways. The monitored waterways shall comply with navigable operating conditions. The cruise operating conditions and the means of marking of the monitored waterways shall be laid down in an implementing regulation.
(2) The monitored waterways are subdivided into waterways of transport significance and special purpose waterways. The dimensions of the waterways of transport relevant, including their classification in classes, and the navigable operating conditions for the location of bridges and other devices crossing them above or below the highest level of navigation shall be laid down in the implementing regulation. The special-purpose waterways, the list of which is laid down in the implementing regulation, are those on which only recreational navigation and water transport of local significance are operated.
(3) Waterways of transport relevant for their use for the operation of water transport are further subdivided into waterways used and waterways usable.
(4) The waterways of transport relevant are listed in Annex 2 to this Act.
In agreement with the central water authority, the Ministry of Transport is responsible for the development and modernisation of waterways. Within this scope, it also applies opinions on the planning documentation and on the zoning measure. These opinions are not an administrative decision.
(1) The water route is managed by its administrator (hereinafter referred to as "the water route manager").
(2) Waterway manager is:
(a) the water flow manager or the person who manages it under the Water Law, in the case of water flow;
(b) the owner of the land which forms the bottom of a body of surface water, if it is a body of surface water other than water flow; or
(c) an operator of a gravel pit on which extraction from water takes place when such gravel yard is concerned.
(3) The owner is the manager of the waterway component.
(4) Waterway manager is not liable for damage caused by:
(a) by stopping or restricting navigation on a waterway due to its modernisation or maintenance; or
(b) the state of the waterway, if he has demonstrated that he has made every effort to fulfil his obligation under this law.
(5) The Waterway Manager shall manage the monitored waterways in such a way as to ensure the safe operation of the voyage and properly mark them by means of navigation signs and maintain such navigational markings unless otherwise provided for in this law.
(6) The scope and content of the activities carried out in the management of the monitored waterway and the method of proper marking of the monitored waterway by means of a navigation sign are laid down in the implementing legislation.
State water contribution organisation
(1) The Ministry of Transport may:
(a) the construction, modernisation, repair, maintenance or administration of parts of transport-relevant waterways with which it is not the right to manage the water manager;
(b) the construction, modernisation, repair, maintenance or administration of movable or immovable property used to operate a port in the Federal Republic of Germany in Hamburg which is owned by the Czech Republic or which the Czech Republic has leased for more than 10 years;
(c) the construction, modernisation, repair, maintenance or operation of ports, ports, vats or berths owned by the Czech Republic, with which the right to operate or to connect to motorways, roads, national or regional railways on transport significant waterways does not belong;
(d) information support for users of transport-relevant waterways
to establish a state contribution organisation22). The Ministry of Transport shall also decide on changes in the data contained in the instrument of incorporation.
(2) The instrument of establishment shall contain in particular:
(a) the designation of the founder of the State Contribution Organisation;
(b) the name, registered office and identification number of the person (hereinafter referred to as "identification number") of the State contribution organisation; the name must exclude the possibility of confusion with the names of other State contribution organisations;
(c) the date, month and year of establishment of the State Contributory Organisation;
(d) determining the period for which the State contribution organisation is set up and, where appropriate, indicating that it is set up for an indefinite period;
(e) the definition of the purpose for which the State contribution organisation is established and the corresponding subject matter of the main activity; This purpose must not overlap with the activities carried out by the waterway manager under this Act or other legislation23),
(f) the definition of the assets entrusted by the Ministry of Transport to the State Aid Organisation when it is established;
(g) designation of the statutory body and definition of the basic organisational structure of the State contribution organisation;
(h) the date of issue of the instrument of incorporation;
If changes are made to those data, the Ministry of Transport shall issue an addendum to the instrument of incorporation.
(3) The Ministry may decide to divide a State contribution organisation established under paragraph 1, to merge it or to merge it with another State contribution organisation established under paragraph 1, or to amend such State contribution organisation. At the same time, it shall issue the instrument of incorporation of the emerging state contribution organisation or the supplement to the instrument of incorporation. The State contribution organisation shall cease to exist on the date laid down in the decision on its division or merger or, where appropriate, on the date set out in the decision on its merger, if another State contribution organisation is the legal successor.
(4) The Ministry of Transport may decide to abolish a State contribution organisation set up under paragraph 1. At the same time, it shall decide on how to settle the rights and obligations exercised by the State contribution organisation, including the jurisdiction to manage the State's assets, and cancel the instrument of incorporation. If they do not decide, the rights and obligations of the cancelled state contribution organisation shall be transferred to the Ministry of Transport. The State contribution organisation shall cease to exist on the date specified in the decision to revoke it.
(5) The activities carried out by the State contribution organisation referred to in paragraph 1 (c) and (d) shall be considered as water management for the purposes of financing and pre-financing from the State Fund for Transport Infrastructure.
PORTS, PORTS, TRANSLATION, EXPORTS AND BOTTLE
Types of ports, their use and permits to operate the land part of the port
(1) Ports are divided into public and non-public ports. A public port shall be authorised to use each vessel operator where:
(a) the port is designated by its construction for the vessel;
(b) the port capacity is not exceeded; and
(c) it is not a vessel which clearly does not fulfil the conditions of technical competence or unless a specific legislation provides otherwise.
(2) The port shall perform a protective function if it provides safe standing for the vessel by its location on the waterways or by building modifications and the possibility of safe access to the vessel in the event of high water condition, icing or ice operation.
(3) The territorial part of the port may only be operated on the basis of an authorisation of a navigational authority issued at the request of a natural or legal person intending to operate the land part of the port. The territorial part of the port may also include land, buildings and facilities enabling the waterway to be connected to other types of transport infrastructure.
(4) The application for authorisation to operate the land part of the port shall contain, in addition to the general requirements of the submission, an indication of whether the applicant will operate the port as public or non-public. The application shall be accompanied by:
(a) documentation containing the identification of the land, buildings, equipment, infrastructure or parts thereof and the runways which form the land part of the port, including a sketch of the situation drawn up according to the cadastral map, indicating their location, with the exception of movable equipment;
(b) a situation sketch showing the boundaries of the port's water part and the consent of the water path manager to that marking;
(c) the written consent of the Waterway Manager to operate the land part of the port; and
(d) proof of ownership or other right of use for land, buildings or equipment forming part of the land part of the port.
(5) The sailing authority shall authorise the operation of the land part of the port, provided that its construction arrangements and facilities with which it is equipped allow the safe operation of the port and do not jeopardise the safety of the voyage.
(6) In the authorisation, the Authority sets out the conditions for the operation of the land part of the port to ensure the safety and continuity of navigation and to protect the environment. The sailing authority shall also indicate in the authorisation:
(a) an indication of whether the port will be operated as public or non-public; and
(b) an indication of whether it is a port with a protective function.
(7) The requirements for the construction and installation of the land part of the port are laid down in the implementing legislation.
Withdrawal of the permit to operate the land part of the port
(1) The sailing authority shall decide to withdraw the permit to operate the land part of a public port where:
(a) the operator of the land part of the public port has requested the cancellation of the authorisation;
(b) public water transport operators do not use the port in the long term and its use cannot be expected in the future either; and
(c) it is not a port carrying out a protective function; This does not apply if the operation of its land part is not terminated to disrupt the capacity of ports required to protect vessels on a given waterway section.
(2) At the request of the operator of the land part of a public port, the sailing authority shall also decide to withdraw the permit to operate it if the permit to operate the same land part of a public port can be issued to another person who has requested it. In that case, the navigational authority shall decide on the withdrawal of the existing authorisation and the issue of a new authorisation in joint proceedings.
(3) The sailing authority shall decide to withdraw the permit to operate the land part of a non-public port if the operator of the land part of a non-public port:
(a) seriously or repeatedly infringes the conditions laid down in the authorisation;
(b) seriously or repeatedly infringes the obligations laid down by this law; or
(c) request the withdrawal of the authorisation.
(4) The application for withdrawal of the permit to operate the land part of the port shall be submitted at least 6 months before the planned date of termination of the land part of the port, otherwise the navigational authority shall reject it. This shall not apply if the applicant demonstrates that he has failed to comply with the first sentence for obstacles which have occurred independently of his will and which cannot be overcome by his own means.
(5) The sailing authority shall make public information on the initiation of the withdrawal procedure without delay on its official record. Persons who are interested in the operation of the land part of a public port and who make themselves known in writing to the office of departure within 14 days of the date of publication of the information initiating the procedure shall be parties to the proceedings.
Price for use of the land part of the public port
(1) For the use of the land part of a public port, the price shall be negotiated in accordance with price regulations.
(2) The operator of the land part of a public port shall not discriminate against individual users when negotiating the price for its use.
(3) A price list containing prices for the use of the land part of a public port must be published by its operator through the river information service system.
(4) The price is not agreed for use of the land part of the public port
(a) the standing position of the vessel and safe access to the vessel under high water conditions, frost or ice, if it is a port with a protective function; or
(b) a water path manager in the course of an activity directly related to the management of the waterway.
List of public ports
(1) A list of public ports is hereby established to make an overview of all public ports available to the public. The list of public ports shall be managed by the navigation authority. The sailing authority shall publish a list of public ports through the river information service system.
(2) Within 3 days of the date on which the decision on the authorisation to operate its land part is taken, the port shall be entered in the list of public ports. The VMC shall delete the public port from the list of public ports within 3 days of the date on which the decision to revoke the permit to operate its land part is taken, unless the public port is operated by another operator.
(3) The following information shall be entered in the list of public ports:
(a) details of the public port,
1. the name of the public port;
2. defining the location of the public port;
3. an indication of whether a public port carries out a protective function;
4. the date of registration,
5. Date of deletion, and
(b) details of the operator of the land part of the port, namely the commercial firm, the name or the name or, where applicable, the names, the address of the registered office and the identification number of the person, if allocated to the operator.
Rights and obligations of the port operator and the waterway manager to ensure safe operation of the port
(1) The operator of the land part of the port shall:
(a) operate the land part of the port throughout the period of validity of the authorisation and maintain it in a state which allows safe navigation in the port;
(b) to publish in an appropriate manner:
1. rules on the untying of vessels at each site;
2. conditions for the storage of solid and liquid waste from vessels;
3. Conditions of water and electricity collection,
4. information on the type and extent of services provided;
(c) indicate by appropriate means:
1. places for handling flammable or dangerous goods;
2. places for storage of solid and liquid waste from vessels;
3. points for water and electricity collection,
(d) keep records of vessels loaded and landed, including the type and quantity of cargo transhipped; and
(e) after consultation with the Waterway Manager, mark the navigational mark of the place designated for the long-term standing of vessels, for the standing of certain vessels, vessels of certain operators or vessels carrying certain cargo.
(2) If the operator of the land part of the port is not authorised to dispose of hazardous waste under the Waste Act, he shall be obliged to allow the removal of hazardous waste from vessels by the person authorised to dispose of such waste.
(3) The operator of the land part of the port and the waterway manager shall cooperate with each other in ensuring safe operation of the port.
(4) Operator of land part of a private port
(a) ensure, in agreement with the waterways manager, the management of the water part of the port it operates within the scope of the obligations of the waterway manager in the management of the monitored waterways; or
(b) the waterways manager shall bear the costs actually incurred in connection with the management of the port of water operated by him.
(5) The operator of the land part of the port shall be authorised to instruct the operators and skippers, crew members, passengers and other persons present in the port to ensure its safe operation. Those persons shall comply with the instructions of the operator of the port land area, provided that they do not jeopardise the safety of the vessel or persons present on it.
Obligations of port users
(1) The person conducting a vessel or a set of vessels in service on a waterway (hereinafter referred to as "the skipper") is required to ensure that, when operating a vessel in port, the safety of persons on board the vessel and other navigational participants is not jeopardised and that there is no danger or damage to vessels or structures on the waterway or to the environment, in particular:
(a) entry into and exit from port,
(b) the standing and manoeuvring of the vessel at and during handling;
(c) boarding and leaving a vessel in port;
(d) loading and unloading from a vessel in a port; or
(e) special events which are high water status, fire, frost, infection or suspicion of its occurrence, injury or death.
(2) The operator of the vessel shall use only the places designated by the operator of the land part of the port for long-term standing.
(3) Where a master of a vessel uses a port with a high water, frost, ice or in the event of a restriction or suspension of a voyage, he shall be obliged to ensure that the obligations referred to in paragraph 1 are fulfilled only if this does not jeopardise the safety of persons or property.
(4) The master of the vessel shall report the entry of the vessel into a public port and the departure from a public port to the operator of the land part of the port. This does not apply to
(a) the head of the sailing vessel, the police of the Czech Republic, the municipal police and the water manager,
(b) the master of the vessel of an integrated rescue system operating at the site of the rescue or disposal operations;
(c) a master of a vessel transporting persons under a public timetable; and
(d) a leader of a small vessel using a public port for long-term standing.
(5) In a public port, the following shall be prohibited:
(a) unjustifiably use sound and optical signaling and unduly disturb calm;
(b) the unauthorised use of port facilities;
(c) to extract sand, gravel or soil from the waterways, unless it is a port maintenance operation; and
(d) repair vessels in a way that makes it difficult to operate in port.
(6) The procedure for ensuring the safe operation of the vessel in the port and the content and the method of notification of the vessel entering and leaving the public port shall be laid down in the implementing legislation.
Landing, loading and unloading
(1) The port, transhipment, landing or berth on the monitored waterway may be operated only on the basis of the authorisation of the navigational authority issued at the request of a natural or legal person wishing to operate the port, transhipment, landing or berth.
(2) The port, transhipment or loading point shall act as a protected site, provided that it ensures safe standing by its construction arrangements and the possibility of safe access to the vessel in the case of high water, frost or ice. The sailing authority shall keep a list of the protected sites it publishes through the river information service system.
(3) The sailing authority shall authorise the operation of a port, transhipment, ballast or berth where:
(a) this will not jeopardise the safety of navigation operations; and
(b) the applicant shall demonstrate the agreement of the water path manager with the operation of the port, transhipment, ballast or berth.
(4) In order to permit the operation of a port, transhipment or unloading, the applicant shall demonstrate that he has the ownership or other right of use for the land and buildings necessary for their operation.
(5) The sailing authority shall specify in the authorisation the conditions for operation of the port, transhipment, loading or berth to ensure the safety and continuity of the voyage and for the protection of the environment and shall indicate whether the port, transhipment or unloading is a protected place.
(6) The sailing authority shall withdraw the authorisation to operate the port, transhipment, landing or berth if the conditions for its issue are no longer met. The sailing authority shall also withdraw the authorisation if the operator of the port, transhipment, ballast or berth:
(a) seriously or repeatedly infringes the conditions laid down in the authorisation;
(b) seriously or repeatedly infringes the obligations laid down by this law; or
(c) request the withdrawal of the authorisation.
(7) The operator of the port, transhipment, ballast or berth shall:
(a) mark the navigational marking of the port, transhipment, bulkyard or berth; and
(b) provide on request to the navigational authority information on the manner and extent of use of the port, transhipment, ballast or berth.
(8) The operator of the port, transhipment, landing or berth shall be entitled to instruct the operators and skippers, crew members of vessels, passengers and other persons located in the port, transhipment, landing or berth area to ensure safe operation; Such persons shall be required to follow the instructions of the port operator, transhipment point, bulkyard or berth.
(9) Paragraphs 1 and 3 to 7 shall not apply to the operation of a bulkyard for small vessels not subject to registration under this Act.
VESSELS
(1) A vessel subject to registration under this Act may be operated on a waterway if:
(a) is registered in:
1. the register of navigation of the Czech Republic (hereinafter referred to as the register of navigation), the register of small vessels or similar records of another Member State of the European Union, of another Contracting State of the Agreement on the European Economic Area or of the Swiss Confederation; or
2. a register similar to a register maintained by a State other than that referred to in point 1, if it is a foreign vessel whose operator has been authorised to operate,
(b) is
1. operated in accordance with the conditions laid down in the valid certificate of the vessel or similar document issued by another Member State of the European Union, another Contracting State of the Agreement on the European Economic Area or the Swiss Confederation; or
2. bear the CE marking or operate in accordance with the conditions laid down in a valid document issued under an international agreement which is part of the legal order, if it is a vessel not registered in the register or in the register of small vessels; and
(c) meets the conditions of technical competence.
Contents
ČÁST I
§ 1
§ 2
ČÁST II
§ 3
§ 4
§ 5
§ 5b
ČÁST III
§ 6
§ 6a
§ 6b
§ 6c
§ 7
§ 8
§ 8a
ČÁST IV
§ 9
§ 10
§ 10a
§ 10b
§ 10c
§ 10d
§ 11
§ 12
§ 13
§ 14
§ 14a
§ 15
§ 15a
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
ČÁST V
§ 22
§ 22a
§ 22b
§ 23
§ 23a
§ 24
§ 24a
§ 24b
§ 24c
§ 24d
§ 24e
§ 24f
§ 24g
§ 24h
§ 24i
§ 24j
§ 24k
§ 24l
§ 24m
§ 24n
§ 24o
§ 24p
§ 24q
§ 24r
§ 24s
§ 24t
§ 24u
§ 24v
§ 24w
§ 24x
§ 24y
§ 24z
§ 25
§ 25a
§ 25b
§ 25c
§ 26
§ 26a
§ 26b
§ 26c
§ 26d
§ 26e
§ 26f
§ 26g
§ 26h
§ 26i
§ 26j
§ 26k
§ 27
§ 27a
§ 28
§ 29
§ 29a
§ 29b
§ 29c
§ 29d
§ 29e
§ 29f
§ 29g
§ 29h
§ 29i
§ 29j
§ 29k
§ 29l
§ 30
§ 30a
§ 30b
§ 31
§ 31a
§ 31b
§ 32
§ 32a
§ 32b
§ 32c
§ 32d
§ 32e
ČÁST VI
§ 33
§ 33a
§ 34
§ 35
§ 35a
§ 36
§ 36a
§ 36b
§ 36c
§ 36d
§ 36e
§ 37
ČÁST VII
§ 37a
§ 37b
§ 37c
§ 37d
§ 37e
§ 37f
ČÁST VIII
§ 38
§ 39
§ 40
§ 41
§ 42
ČÁST IX
§ 43
§ 44
§ 45
ČÁST X
§ 47
§ 48
§ 48b
§ 49
§ 51
§ 52
§ 53
§ 54
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 114 / 1995 Coll., on Inland Navigation |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.07.1995 |
|---|---|
| Effective from | 01.10.1995 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0