Decree No. 138 / 2019 Coll.
Ordinance amending Decree No. 334 / 2015 Coll., on the register of small vessels and the technical competence of small vessels, ferries and floating equipment for use on waterways
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04.06.2019
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138
DECLARATION
of 23 May 2019
amending Decree No. 334 / 2015 Coll., on keeping a register of small vessels and the technical competence of small vessels, ferries and floating equipment for use on waterways
The Ministry of Transport provides pursuant to Article 52 of Act No. 114 / 1995 Coll., on Inland Navigation, as amended by Act No. 358 / 1999 Coll., Act No. 118 / 2004 Coll., Act No. 309 / 2008 Coll., Act No. 187 / 2014 Coll. and Act No. 135 / 2019 Coll., ("the Act ') for the implementation of § 9 (6), § 10 (3), (5) to (7), 11, § 10a (2), § 10b (1) and (6), § 10c (4), § 11 (2), § 18 (3) and § 42 (8) of the Act:
Decree No. 334 / 2015 Coll., on the register of small vessels and the technical competence of small vessels, ferries and floating equipment for use on waterways, is amended as follows:
1. in Paragraph 1 (b):
"(b) technical requirements for:
1. vessels whose volume, calculated as the product of length, width and dive, is less than 100 m3 and the length is less than 20 m, if by small vessels and floating gear; and
2. floating equipment not subject to registration, the volume of which is calculated as the product of length, width and dive of which is at least 100 m3, ';
2. in § 1 (c) and (d):
"(c) the waterway navigation zones for which the technical competence of the vessel is approved and the conditions of technical competence to be met by the vessel for operation in each navigation zone;
(d) a more detailed breakdown of the types of vessels and their characteristics, ';
3. In Section 1, point (f), the words "and its' are replaced by the words", the technical examinations relating to the modification or repair of the vessel and the technical examinations relating to the exercise of State control and their supervision '.
4. in Paragraph 1 (g):
'(g) the model of the certificate of the vessel, the particulars entered in it and the period of validity thereof,';
5. in Article 1, point (i) is deleted;
Points (j) to (o) shall be renumbered (i) to (n).
6. The heading of Section 2 reads:
"More detailed breakdown of vessel species and their characteristics
(K § 9 (6) of the Act) '.
7. In Article 2, the following paragraph 1 is added:
"(1) Small vessels are subdivided into:
(a) small self-propelled vessels;
(b) sailboats,
(c) small vessels not self-propelled;
(d) jet skis; and
(e) ferry ships. ';
The current text becomes paragraph 2.
8. in Article 2 (2) (c), the words "the possibility of its propulsion by human force only, not" shall be replaced by the words "not equipped."
9. in Paragraph 2 (2) (e), "a" is replaced by "or."
10. in Paragraph 2 (2) (e), the word "certain" shall be deleted;
11. The heading of Section 3 reads:
"Sailing zones
(K § 10 (7) of the Act) '.
12. in Article 3 (1) (a), the word "or" shall be deleted;
13. In Article 3, at the end of paragraph 1, the dot is replaced by a comma and the following points (c) and (d) are added:
"(c) a wind speed of not more than 21 m / s (8 ° by Beaufort scale) and a significant wave height of H1 / 3 up to 4 m; or
(d) wind speed greater than 21 m / s (9 ° to 12 ° according to the Beaufort scale) and significant wave height H1 / 3 above 4 m ';
14. The heading of Part Three reads:
"TECHNICAL REQUIREMENTS FOR VESSELS AND TECHNICAL INSTRUMENTS '.
15. The heading of Section 5 reads:
"Technical requirements for vessels
(K § 9 (6) of the Act) '.
16. in Article 5 (1), the words "the safety of operation of vessels referred to in Article 1 (b) subject to registration" shall be replaced by the words "vessels subject to registration referred to in Article 1 (b)."
17. Paragraph 5 (4) reads:
"(4) Derogations from the provisions of Annex 2 to this Order are possible for a small vessel which:
(a) is not a recreational craft or a jet ski and is not used for the carriage of passengers when operating water services for hire or reward; or
(b) the manufacturer is designated and designated exclusively for racing or training. ';
18. In Article 5, the following paragraph 5 is added:
"(5) The application of the derogations referred to in paragraph 4 shall not jeopardise the safety of navigation operations and the protection of human and environmental life and health. The derogations referred to in paragraph 4 may not be applied in the case of specified exhaust emission limits. ';
19. in Articles 6 (1) and 7 (7), the word "rebuilding" shall be replaced by "adaptation."
20. in Paragraph 6 (4), the words "or in Turkey or produced in a State Party to the European Economic Area" shall be replaced by "the Contracting State of the Agreement on the European Economic Area, Switzerland or Turkey."
21. The following Section 6a is inserted after Section 6, including the title and footnotes 5 and 6:
Voluntary submission to the requirements of ES- TRIN
(1) The technical requirements for vessels, their equipment and equipment laid down in this Decree are not applicable to the operation of vessels if the vessel complies with the technical requirements laid down in the European standard setting out technical requirements for inland vessels ES- TRIN and the application indicates a requirement for the issue of a Union5 certificate). The technical standard referred to in the previous sentence shall be made publicly available in a way that allows remote access.
(2) Compliance with the conditions of technical competence referred to in paragraph 1 shall be verified by a panel of experts established in accordance with the legislation governing technical requirements for vessels not subject to this Decision (6).
(3) When carrying out a technical inspection, periodic inspection and technical inspection following the modification or repair of a vessel, the verification of compliance with the conditions of technical competence referred to in paragraph 1 shall be carried out mutatis mutandis under the legislation governing the technical requirements for vessels not subject to this Declation6).
(4) A Union certificate shall be issued to a vessel for which the conditions of technical competence referred to in paragraph 1 have been verified in accordance with the legislation governing technical requirements for vessels not covered by this Declation6). Paragraph 13 shall apply mutatis mutandis to determine the period of validity of the Union certificate.
5) Article 6 (7) of Directive (EU) 2016 / 1629 of the European Parliament and of the Council of 14 September 2016 laying down technical requirements for inland waterway vessels, amending Directive 2009 / 100 / EC and repealing Directive 2006 / 87 / EC.
6) Decree No. 223 / 1995 Coll., on the eligibility of vessels to operate on inland waterways, as amended. '
22. The heading of Section 7 reads:
"(K § 10 (11) and § 10b (6) of the Act) '.
23. in Article 7 (4), the word "rebuilding" shall be deleted;
24. The following Sections 9a and 9b are inserted after Section 9, including the headings:
Procedure for carrying out the periodic inspection, the follow-up or repair of the vessel and the follow-up and scope of the inspections
(Articles 10b (6), 10c (4) and 42 (8) of the Law)
(1) A regular technical inspection, a follow-up or repair of the vessel and an inspection following the exercise of State surveillance shall include a survey of the vessel on land or on water. If there are doubts as to the continuing ability, stability or ability of the vessel to perform basic maneuvers, a test voyage shall be carried out. Article 8 shall apply mutatis mutandis when carrying out inspections.
(2) When carrying out a regular technical inspection, a land inspection shall be carried out if it is necessary to verify compliance with the conditions of the technical capability of the vessel to check the status of the supporter.
(3) When carrying out a technical inspection following the modification or repair of a vessel, a test voyage shall be carried out in the event of modification or repair of the propulsion or steering equipment if this is necessary to verify the correct functioning of the propulsion or steering equipment.
(4) When carrying out a technical inspection following the exercise of state surveillance, a land inspection or a test voyage shall be carried out if necessary to verify compliance with the conditions of technical competence of the vessel.
(5) The periodic technical examination shall be carried out to the extent that all the conditions of technical competence are verified.
(6) The technical inspection following the modification or repair of the vessel shall be carried out to verify compliance with the conditions of technical competence relating to the parts of the vessel which have been modified or repaired. If, when carrying out a technical inspection, doubts arise as to whether a vessel complies with any other technical requirements, they shall also be verified.
(7) The technical examination following the exercise of state supervision shall be carried out to the extent that the conditions of technical competence for which the voyage has been prohibited under the law are verified. If, when carrying out a technical inspection, doubts arise as to whether a vessel complies with any other technical requirements, they shall also be verified.
Time of recognition of roadworthiness tests carried out by another State
(Paragraph 10a (2) of the Law)
A technical inspection carried out by another State shall not be recognised if more than 5 years have elapsed since its implementation. ';
25. Paragraph 13, including the title, reads:
Validity of the vessel certificate
(Articles 10 (5) and 10b (1) of the Law)
(1) The validity of the certificate of the vessel is:
(a) 10 years for a small vessel which is not authorised to carry passengers in the course of the operation of water transport for hire or reward and floating equipment, unless otherwise specified;
(b) 5 years for a ferry ship, a small vessel approved for the carriage of passengers in the course of the operation of water transport for hire or reward and a historical vessel re-put into service or a new copy thereof.
(2) Where a vessel referred to in paragraph 1 (a) has been put into service before the application for technical suitability has been submitted, the period of validity of the certificate of the vessel shall be as a difference between 10 years and that which has elapsed since its entry into service but at least 5 years.
(3) The validity of a vessel's certificates shall be extended for certificates of vessels referred to in paragraph 1 for a maximum period of 5 years. ';
26. in Article 14 (1) (b):
"(b) the crew list and the list of passengers present on board for more than 24 hours when the vessel is engaged in foreign water transport operations;"
27. in Article 16 (2) (a), the words' the total weight of which, including the authorised load, is 6 000 kg or more 'shall be deleted;
28. in Article 16 (2) (b), "50" is replaced by "80."
29. In Annex 1, point 3 is added:
'3. The sailing zones of the waterways where conditions under § 3 (1) (c) and (d) can normally be expected are not present in the Czech Republic. "
30. in Annex No 2, Part 1, points 1.01.2. (a) and (b), "point" is replaced by "point."
31. in Annex No 2, Part 1, point 1.01.2., at the end of point (b), the dot is replaced by a comma and the following points (c) and (d) are added:
"(c)" B "when designed, constructed and equipped for navigation under the conditions of the navigation zone referred to in § 3 (1) (c),
(d) "A," if designed, constructed and equipped for navigation under the conditions of the navigation zone referred to in § 3 (1) (d). "
32. in Annex No 2, Part 1, point 1.02.2., point (l) is deleted;
Point (m) shall be renumbered as point (l).
33. In Annex 2, Part 1, point 1.03, the word "conversion 'is replaced by the word" adaptation'.
34. In Annex No 2, Part 1, point 1.03.2, the word "conversion 'is replaced by the word" adaptation'.
35. in Annex 2, Part 1, point 1.04.4. read:
"1.04.4. The vessel shall have suitable handling facilities for the safe movement of persons when untying and anchoring the vessel. The handling areas shall be safely accessible by the inside of the vessel, on board, roof of superstructure or mansions. ';
36. In Annex No 2, Part 1, point 1.04.8 reads:
"1.04.8. The incoming decks and parts of the superstructure shall have an anti-slip adjustment. '
37. In Annex No 2, Part 2, point 2.01.3., the second and third sentences are deleted.
38. In Annex 2, Part 2, point 2.01.4., the words "maintenance and 'are deleted.
39. In Annex 2, Part 2, point 2.01.8, the last sentence is deleted.
40. In Annex 2, Part 3, point 3.01.2., the sentences second to fifth are deleted.
41. in Annex No 2, Part 3, point 3.01.7 and Part 5, point 5.06.1., the words "is self-extinguishing and non-absorbing" shall be replaced by the words "do not contribute to the spread of fire and do not ingest."
42. In Annex No 2, Part 3, point 3.02.7. is deleted.
43. In Annex No 2, Part 3, point 3.03.5, the word "comply 'is deleted.
44. In Annex No 2, Part 3, point 3.05.1., the third sentence is deleted.
45. In Annex No 2, Part 3, point 3.06.1., the words "divided by bulkheads preventing 'are replaced by the words" designed to prevent'.
46. In Annex No 2, Part 3, point 3.06.3, the words "located outside the engine compartment 'are replaced by the words" fixed and separated or protected from any source of excessive heat'.
47. In Annex 2, Part 3, point 3.06.4., "25 'is replaced by" 30'.
48. In Annex No 2, Part 3, point 3.06.5., the word "portable 'shall be inserted after the word" in which it is'.
49. In Annex 2, Part 3, point 3.06.6., the first sentence is deleted.
50. In Annex 2, Part 3, point 3.06.6., the words "petrol fuel tank 'are replaced by the words" gas fuel tank built-in'.
51. In Annex 2, Part 3, point 3.06.7. the first sentence is replaced by the following: "The built-in fuel tank shall be equipped with a clearly marked pouring throat or a pouring tube with a close reliable closure. ';
52. In Annex 2, Part 3, point 3.06.9, the words "are self-extinguishing and non-absorbing 'are replaced by the words" do not contribute to the spread of fire and do not ingest'.
53. In Annex No 2, Part 4, point 4.01.1., the second sentence is deleted.
54. In Annex No 2, Part 4, point 4.01.2., the words "stored and in the technical inspection prior to the entry into service of the vessel or any change in the electrical distribution or installation 'are replaced by the words" any change in the electrical distribution or installation'.
55. In Annex 2, Part 4, point 4.01.5., the words "vessels, together with combustion engines, their fuel tanks or in the vicinity of others' are replaced by the words" together with fuel tanks or in the vicinity '.
56. In Annex No 2, Part 4, point 4.02.5., the words "must have separate circuit breakers' are replaced by the words" are separately insured '.
57. In Annex No 2, Part 4, point 4.03.1, including footnotes 7 and 8, the following text is added:
"4.03.1. Indicator lamp, optical signalling assembly and sound signalling equipment shall comply with the requirements laid down in the navigational traffic rules decree (7) or, as the case may be, in the Convention on Rules for Preventing Collisions on the Sea (8) as regards the location and number of ships in terms of visibility, unambiguity or audibility of signals.
7) Decree No. 67 / 2015 Coll., on rules on navigation traffic (rules on navigation traffic).
8) Convention on International Rules for Preventing Collisions at Sea (COLREG), 1972, notified under No 263 / 1995 Coll. '.
58. In Annex 2, Part 4, point 4.03.3. the first sentence is replaced by the following: "A replacement light source or an emergency signal lamp is available for each signalling lamp. ';
59. In Annex No 2, Part 4, points 4.03.5 to 4.03.7 are deleted.
Points 4.03.8. to 4.03.11. shall be renumbered as points 4.03.5. to 4.03.8.
60. In Annex No 2, Part 5, point 5.01.1., the sentences second to fifth are deleted.
61. In Annex 2, Part 5, point 5.01.6., the second sentence is deleted.
62. In Annex 2, Part 5, point 5.02.2., the fourth and fifth sentences are deleted.
63. In Annex No 2, Part 5, point 5.02.3. is deleted.
64. In Annex No 2, Part 5, paragraph 5.03.4, the words "the placing on board or in the anchorage and the place for 'shall be deleted.
65. In Annex No 2, Part 5, point 5.03.5, the second sentence is deleted.
66. In Annex No 2, Part 5, point 5.03.5, the words "20% longer 'are deleted.
67. In Annex No 2, Part 5, point 5.05.6., the word "gas' is replaced by" Fixed gas'.
68. In Annex No 2, Part 5, point 5.05.9., the words "is for liquid fuel only 'are replaced by the words" is for liquid fuel only'.
69. In Annex No 2, Part 5, point 5.06.3. read:
"5.06.3. There shall be at least one portable fire extinguisher readily accessible from the ship's main helm or stable fire extinguisher on each vessel at risk of fire. If an open fire device is on board, the portable extinguisher shall be at least accompanied by a fire extinguisher. ';
70. In Annex No 2, Part 5, point 5.06.4., the first and second sentences are deleted.
71. In Annex 2, Part 5, point 5.06.6., the word "ingested 'is replaced by" used'.
72. In Annex 2, Part 6, including the title and footnote 9, read:
VESSEL INSTRUMENT
6.01. A vessel with a Dmax displacement of more than 500 kg shall be equipped with an appropriate means of removing water from the undamaged vessel during normal operation and with appropriate means of safe clearance or anchoring corresponding to its Dmax displacement. A jet ski or other vessel whose hull is made up of watertight closed flotation may not be equipped with a water removal device.
6.02. A vessel with a length of L 6 m or more, with the exception of a vessel not powered by human power only, has a sufficient number of reflectors and hooks. A self-propelled vessel with a length of L 6 m or more has accessories for machinery and tools for small repairs. Sailboats with length L 6 m or more have equipment for repair of takelage and sails.
6.03. A vessel with a displacement of Dmax above 1000 kg, except for a floating device, shall be equipped with a device for giving sound signals and functional signal lamps. A vessel of category "A '," B', "C 'or" D' with a length of less than 6 m and a BWL width greater than 1,2 m which is not equipped with a mechanical sound signal device shall be equipped with a tube or bell. A vessel of category "A," "B," "C" or "D" with a length of L 6 m or more is equipped with a water-resistant search lamp suitable for use in manoeuvring, rescue and signal operations, emergency signals and, in the case of a sailboat with an auxiliary motor, a black cone. A vessel of categories "A 'and" B' with a length of L 6 m or more shall be equipped with a radar corner reflector of an approved type and a radio station of a mobile service or an appropriate place for its installation. The provisions of the previous sentence shall not apply to a vessel without its own propulsion powered by human power only.
6.04. Rescue
6.04.1. A vessel with a length of L 6 m or more shall be equipped with at least one life-cycle with a gripping rope around the perimeter. A vessel with a length of L greater than 12 m shall be equipped with at least two life-saving rings. One life-cycle is located in the immediate vicinity of the main helm. One life-cycle shall be equipped with a floating rope of at least 16 m in length, for the category of vessel "D 'or 30 m in length, for the category" A', "B 'and" C'. For the category of vessel "A '," B' and "C ', a single life-cycle is equipped with a floating self-ignition light. Life-saving rings may be replaced by life-saving washers. The life cycle or horseshoe used on board vessels of categories" A, "" B "and" C "shall conform to the type approved under the Convention on the Safety of Life on the Sea (9). Those provisions do not apply to vessels which are not powered by human power alone.
6.04.2. The vessel shall be equipped with life jackets, the number of which shall be equal to the number of persons with the maximum occupancy of the vessel. In the case of a vessel operated for its own use only for recreation and sport, the number of life jackets is sufficient according to the current number of persons on board. Lifejackets are not required on a vessel which is carried out as unsinkable or on a vessel without its own propulsion powered by human power only. An adult life jacket has a minimum lift of 100 N. On vessels of categories "A 'and" B', the life-jackets shall have a minimum lift of 150 N. A floating device with a minimum buoyancy of 50 N may be used on the "D 'category and on the water scooter. The life jacket shall be checked according to the manufacturer's instructions. The life-jackets or life-jackets shall bear the CE mark of conformity with the approved type.
6.04.3. A vessel of categories "A 'and" B', the length of which is L more than 6 m, except for floating gear, a small vessel without its own machinery or a ferry, shall be equipped with one or more positions for storing a life raft with a occupancy equivalent to the maximum occupancy of the vessel.
6.04.4. A vessel with a Dmax pressure above 500 kg shall be equipped with a pharmacy equipped with equipment corresponding to at least the car's own vehicle and instructions for the rescue or recovery of persons on board.
6.05. The radar used on the vessel shall conform to the approved type and bear the CE conformity mark or the IMO standards.
9) International Convention for the Safety of Life at Sea (SOLAS), 1974, notified under No 52 / 1995 Coll., Protocol 1978 to the International Convention for the Safety of Life at Sea, 1974, notified under No 52 / 1995 Coll. '
73. In Annex No 2, Part 7, point 7.01.1. read:
"7.01.1. In the case of a vessel which is a recreational vessel and for which an EU declaration of conformity has been issued and the CE is marked in accordance with the Government Regulation on pleasure craft and water scooters, the navigational authority at the technical inspection pursuant to § 9
(a) for the purpose of the approval of its technical capacity, check compliance with the provisions of this Annex in accordance with Articles 6.04.2. and 6.04.4. where a vessel has been placed on the market, registered in a register or similar register of vessels in another Member State of the European Union or has been put into service in another Member State of the European Union for a period not exceeding 10 years before the application for the approval of its technical capacity has been submitted; and
(b) in other cases, check compliance with the basic technical requirements set out in the Government Decree on pleasure craft and watercraft, compliance with the provisions of this Annex pursuant to Article 5.05.6. and compliance with the provisions of Part 6 of this Annex. Where heating and cooking equipment has been installed on a recreational vessel only after it has been placed on the market or put into service, the navigational authority shall also check compliance with the provisions of Articles 5.05.1. to 5.05.5. ';
74. In Annex No 2, Part 7, point 7.01.3. read:
"7.01.3. In the case of a water scooter for which an EU declaration of conformity has been issued and the CE is marked in accordance with the Government Regulation on pleasure craft and water scooters, the navigational authority at the technical inspection according to § 9
(a) for the purpose of the approval of its technical capacity, check compliance with the provisions of this Annex in accordance with Article 6.04.2., where a vessel has been placed on the market, registered in a register or similar register of vessels in another Member State of the European Union or has been put into service in another Member State of the European Union within a period of not more than 10 years prior to the application for approval of its technical capacity; and
(b) in other cases, check compliance with the basic technical requirements set out in the Government Regulation on recreational craft and watercraft and compliance with the provisions of this Annex in accordance with Articles 6.01, 6.03 and 6.04.2. ';
75. In Annex No 2, Part 7, point 7.02.2. is deleted.
Points 7.02.3. to 7.02.9. shall be renumbered 7.02.2. to 7.02.8.
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Regulation Information
| Citation | Decree No. 138 / 2019 Coll., amending Decree No. 334 / 2015 Coll., on keeping a register of small vessels and the technical competence of small vessels, ferries and floating equipment for use on waterways |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.06.2019 |
|---|---|
| Effective from | 19.06.2019 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Transport
Administrative law
The regulation text is for informational purposes only.
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