Act No. 152 / 1950 Coll.

Act on the adaptation and safety of inland waterway traffic

Valid Effective from 29.11.1950
152.
Law
of 25 October 1950
the adaptation and safety of inland navigation operations.
The National Assembly of the Czechoslovak Republic decided on the following Act:

Oddíl 1.

Navigation security and navigation authorities.
§ 1.
For inland navigation to contribute to successful construction and to the development of the national economy, proper and safe operation should be ensured. This task is primarily carried out by the Ministry of Transport and the National Committees.
§ 2.
(1) Navigation operators shall ensure that they do not endanger or harm anyone and do not disturb the proper and safe operation of inland navigation.
(2) The operation and security of navigation (hereinafter referred to as "navigation safety") is regulated by the Minister for Transport in agreement with the participating ministers by regulations in which, in addition to the rules of navigation and the obligations of the cruise operators, he may, in particular, adjust the obligations of shore holders and waterworks owners as well as the issues of the operation and use of ports and transports.
(3) Regulations issued pursuant to paragraph 2 may entrust the provisions of general legislation of the Ministry of Transport or of national committees.
§ 3.
(1) Luggage safety care is the responsibility of the National Committees and the Ministry of Transport.
(2) Direct supervision of compliance with the rules on navigation safety shall be carried out by the authorities responsible for national committees (hereinafter referred to as the "navigation authorities').
(3) If there is a danger of delay, the navigational authorities may take the precautionary measures necessary to ensure the safety of navigation to which the national committee is otherwise authorised.
§ 4.
In agreement with the relevant ministers, the Minister of Transport shall issue regulations to the navigation authorities
(a) their powers of competence;
(b) service signs and flags,
(c) the presentation of uniforms and equipment and the method of armaments.
§ 5.
The sailing authority may, in the performance of its duties, require everyone to follow its instructions, calls or orders. The Ministry of Transport shall determine the manner in which such instructions, calls or orders are given.
§ 6.
Weapons may be used by the navigational authority in the performance of its duties, with caution as required, only
(a) in the event of necessary defence, to avert or threaten to harm the violent attack on him or other person;
(b) it is not otherwise possible to overcome the resistance to thwart his service;
(c) to avert a dangerous attack that threatens a guarded object, following a futile call to abandon the attack.
§ 7.
The sailing authority shall have the right to request appropriate cooperation from each public authority in the course of the service; the authorities are obliged to provide the necessary assistance as far as possible.
§ 8.
The sailing authorities shall be taken into oath; the rules on the oath shall be issued by the Minister for Transport.

Oddíl 2.

Sailing signs and lights.
§ 9.
(1) The navigational signs and lights are also used to ensure safety of navigation.
(2) The owners (users) of the land and objects on which the navigational signs and lights prescribed by specific regulations are to be placed are required to suffer for adequate compensation for the setting up, location, maintenance and operation of such markings and lights on their property.
(3) On land and buildings owned by the State and serving public purposes, navigational signs and lights can only be established in agreement with the competent public authority.
(4) Persons carrying out signs and lights on the waters used to sail, adjust the fairway or any construction or installation are required to carry out their own costs, in accordance with the decision of the competent national committee; If they do not do so within the prescribed time limit, the National Committee shall be entitled to indicate the construction sites and workplaces on their cargo.

Oddíl 3.

Obligations of cruise operators.
§ 10.
The cruise operators shall be responsible for the damage caused in the course of the voyage by the persons they use in the course of the voyage as if they had caused it themselves.
§ 11.
(1) In the event of a vessel crash, the cruise operator shall be obliged without delay and to arrange in time for his cargo whatever is necessary to ensure that the voyage is not made more difficult, disturbed or threatened by this event and shall follow the instructions of the national committee (navigation authorities). If the vessel is damaged in such a way that it cannot be towed on water, the cruise operator shall remove it to a safe place on shore.
(2) If the operator does not take the necessary measures himself within the time limit laid down by the National Committee, the National Committee shall be entitled to arrange for itself the account and the danger of the mandatory as it deems necessary.
(3) The National Committee may, without delay, take the necessary measures on the account and the danger of the mandatory action, even without prior notification, if the safety of water structures, water facilities or vessels is directly compromised, or if there is another urgent public interest.
§ 12.
(1) The cruise operators shall be obliged to carry the navigational authorities free of charge in the course of their service, and to hang and tow their service vessels.
(2) Sailing operators shall be obliged to provide their vessels and equipment for the use of the national committee in the event of a flood or other natural disaster to save lives and property or for exceptional circumstances.

Oddíl 4.

Special provisions on military governance.
§ 13.
(1) In agreement with the Ministry of National Defence, the Ministry of Transport provides for exemptions from the provisions of this Act and the regulations issued under it.
(2) The exercise or measures that could temporarily disturb or jeopardise the operation of the voyage shall be agreed between the military administration and the relevant national committee, which shall take the necessary further measures.
(3) Paragraphs 11 (2) and 11 (3) and 12 do not apply to military management.
(4) The military administration is responsible for damage caused by the persons it uses to operate the voyage.

Oddíl 5.

Final provisions.
§ 15.
The competence of the Ministry of National Security and of the National Security Authorities remains unaffected.
§ 16.
(1) The validity of any provisions contrary to this law is hereby revoked, where applicable. in particular, Government Decree No. 198 / 1940 Coll., on the Issue of Transit Regulations and Other Regulations on Inland Navigation is repealed.
(2) If the implementing provisions under this Act are not adopted, they shall be applied mutatis mutandis to the existing rules.
§ 17.
This Act shall take effect on the day of its publication; it shall be implemented by the Minister for Transport in agreement with the participating members of the Government.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Plojhar v. r.
on behalf of Minister Peter

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Regulation Information

CitationAct No. 152 / 1950 Coll., on the adaptation and safety of inland waterway traffic
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation29.11.1950
Effective from29.11.1950
Effective until-
Status Valid
The regulation text is for informational purposes only.
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