Decree No. 173 / 2009 Coll.
Decree amending Decree of the Ministry of Transport No. 223 / 1995 Coll., on the eligibility of vessels to operate on inland waterways, as amended
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Effective from 22.06.2009
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22.06.2009
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173
DECLARATION
of 9 June 2009
amending Decree of the Ministry of Transport No. 223 / 1995 Coll., on the eligibility of vessels to operate on inland waterways, as amended
The Ministry of Transport provides pursuant to § 52 of Act No. 114 / 1995 Coll., on Inland Navigation, as amended, ("the Act ') for the implementation of § 9 (1), § 10 (2) to (4), (6) and (10) and § 12 (4):
Decree No. 223 / 1995 Coll., on the eligibility of vessels to operate on inland waterways, as amended by Decree No. 83 / 2000 Coll., Decree No. 186 / 2005 Coll., Decree No. 6 / 2006 Coll. and Decree No. 38 / 2006 Coll., is amended as follows:
1. footnote 1 shall read:
"(1) Directive 2006 / 87 / EC of the European Parliament and of the Council of 12 December 2006 laying down technical requirements for inland waterway vessels and repealing Council Directive 82 / 714 / EEC. Directive 2006 / 137 / EC of the European Parliament and of the Council of 18 December 2006 amending Directive 2006 / 87 / EC of the European Parliament and of the Council laying down technical requirements for inland waterway vessels. Council Directive 2008 / 59 / EC of 12 June 2008 adapting Directive 2006 / 87 / EC of the European Parliament and of the Council laying down technical requirements for inland waterway vessels by reason of the accession of the Republic of Bulgaria and Romania. Commission Directive 2008 / 87 / EC of 22 September 2008 amending Directive 2006 / 87 / EC of the European Parliament and of the Council laying down technical requirements for inland waterway vessels. Directive 97 / 68 / EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines intended for non-road mobile machinery, as amended by Directive 2004 / 26 / EC of the European Parliament and of the Council of 21 April 2004 amending Directive 97 / 68 / EC. Commission Directive 2008 / 126 / EC of 19 December 2008 amending Directive 2006 / 87 / EC of the European Parliament and of the Council laying down technical requirements for inland waterway vessels. Commission Directive 2009 / 46 / EC of 24 April 2009 amending Directive 2006 / 87 / EC of the European Parliament and of the Council laying down technical requirements for inland waterway vessels. ';
2. Article 1a shall be deleted;
3. Paragraph 2 (2) reads as follows:
"(2) The essential defining feature of the ship is its designation for:
(a) the transport of persons, costs or carried equipment;
(b) the transport of other vessels by towing, pushing or lateral guidance; or
(c) other purposes associated with repeated movements along the waterways. "
4. in Article 2 (3) (b):
'(b) for a passenger ship, its destination for the carriage of more than 12 passengers; a crew member, including the skipper, shall not be considered a passenger;';
5. in Article 2 (3) (c):
"(c) in the case of a tugboat, its destination only for towing, pushing or side-hauling of vessels in the assembly of vessels,";
6. In Article 2, the following paragraph 6 is added:
"(6) The basic character of the floating body is that it is capable of operating on the surface as an object or a solid grouping of objects, without a ship, floating gear or floating machine. '
7. Article 3, including the title and footnotes Nos 2 and 2a, reads:
Technical requirements for the safety and conditions of technical and operational competence of each type of vessel
(Articles 9 (1) and 10 (2) and 10 of the Act)
(1) The technical requirements for the safety of ships, floating machinery and floating equipment of length (L) 20 m or more or with a volume expressed as product of length (L), width (B) and draught (T) 100 m3 or more, the conditions of their operational competence and the procedure for their verification are set out in Annex 1 to this Regulation.
(2) The technical requirements for the safety of small vessels and floating equipment for which the technical safety requirements referred to in paragraph 1 are not laid down and the conditions for their operational competence are set out in Annex 2 to this Decree.
(3) The small vessels referred to in Article 2 (1) (b) intended for use in a rental, swimming or swimming pool and the small vessels used as rescue vehicles shall be indicated in a visible place by the maximum number of persons who may be on board, designated by the navigational authority, and shall be made unsinkable in accordance with point 2.02.1 of Annex 2 to this Regulation.
(4) Vessels which are not subject to registration under Article 14 (5) of the Act may be operated on waterways if their construction and technical condition correspond to the safety of operations, persons and goods carried, do not endanger the environment, are sufficiently robust, stable and safe to operate at the normal load for which they are constructed.
(5) Where a vessel is not subject to registration by a small self-propelled vessel, it shall comply with the exhaust and noise emission requirements laid down for a small self-propelled vessel subject to registration in Annex 2 to this Regulation.
(6) A vessel not subject to registration may only be operated in the navigation zones of the Community waterways 3 and 42); a vessel not subject to registration may also be operated in a Community waterway navigation zone (22) if it is performed as unsinkable in accordance with point 2.02.1 of Annex 2 to this Decree or if it meets the safety distance requirement of point 2.02.4 (b) of Annex 2 to this Decree.
(7) Vessels not subject to registration which are floating bodies,
(a) whose length is 20 m or more and whose volume, expressed as the product of length, width and draught, is 100 m3 or more, may be operated on a waterway if, taking into account the purpose and the method of use, it adequately complies with the requirements laid down in Annex 1 to this Decree,
(b) whose dimensions are smaller than those referred to in point (a) may be carried out on a waterway if, taking into account the purpose and the method of application, it reasonably satisfies the requirements laid down in Annex 2 to this Decree.
A vessel not subject to registration, which is a floating body, may be operated on a waterway only if the conditions laid down in the Special Legislation (2a) are met.
2) Annex I to Directive 2006 / 87 / EC of the European Parliament and of the Council of 12 December 2006 laying down technical requirements for inland waterway vessels and repealing Council Directive 82 / 714 / EEC.
2a) Article 1.21 of the Annex to Decree No 344 / 1991 Coll., which publishes the Order of Navigation Safety on Inland Waterways of the Czech and Slovak Federal Republic. '
8. The following Section 3a is inserted after Section 3, including the title:
Equality
(1) Technical solutions other than those listed in Annex 1 to this Regulation may be used on board the vessel if they are recognised as equivalent by the European Commission.
(2) A decision on equivalence in accordance with paragraph 1 is not necessary in order to issue the provisional certificate of the vessel. The State Administration shall inform the European Commission within one month of the issue of the provisional certificate of the vessel, indicating the name and the ENI of the vessel, the type of derogation and the State in which the vessel is registered or has its home port.
(3) The State Administration may, in consultation with the European Commission, issue a certificate of the vessel for testing and for a limited period of time to a vessel with new technical equipment which deviates from the requirements of Annex 1 to this Decree, provided that such equipment ensures equivalent safety.
(4) The information referred to in paragraphs 1 and 2 shall be entered on the certificate of the vessel and shall be informed by the European Commission. ';
9.
Vessels subject to verification of technical competence by expert commissions
(K § 10 (3) of the Act)
Verification of the technical competence of vessels by the expert commission established to verify the technical competence of vessels shall be subject to all vessels except:
(a) small vessels;
(b) floating equipment which, by its size or occupancy, does not exceed the size or occupancy of a small vessel pursuant to Article 9 (1) of the Act and which is not a floating dock;
(c) floating bodies;
(d) ships carrying a maximum occupancy of 12 persons;
(e) vessels referred to in Article 3 (1) which have a valid vessel certificate issued pursuant to Article 22 of the Revised Convention for the Navigation of the Rhine or a valid vessel certificate issued in another Member State of the European Union. ';
10. the following Sections 4a to 4d are inserted after Section 4, including the headings and footnotes 2b and 2c:
"Expert Commission and its activities
(K § 10 (3) of the Act)
(1) The expert committee consists of three members appointed and withdrawn by the navigational authority for a period of two years, which are:
(a) a staff member of the sailing office;
(b) an expert in the construction of vessels and their machinery;
(c) a cruise expert.
(2) From among the members of the expert committee, the sailing office shall appoint the chairman of the expert committee.
(3) The vessel construction expert and his machinery must have at least a secondary education with a degree in engineering education and engineering production (2b) and experience of at least 5 years in the field of technical competence of the vessels referred to in Section 4. A cruise expert shall hold a master's licence which is not a small vessel.
(4) The function of a member of the expert commission is created by the taking of a promise before the sailing office. The promise of a member of the Commission is: "I promise to comply with the laws and regulations in the work of a member of the expert committee, to carry out this activity independently and impartially to the best of my knowledge." The promise is made if, after reading the promise, a member of the expert committee declares "I promise." The written record of the composition of the promise shall indicate the date of the composition of the promise. A refusal to make a promise or to make a promise, subject to reservation, shall result in the absence of a member of the Panel.
(1) The expert panel shall verify the technical competence of the vessel at the request of the owner or operator of the vessel. A report prepared by its member, who is an expert in the construction of vessels and their machinery, shall always be the basis for verifying the technical competence of the vessel. In the event that the verification of the technical competence of the vessel also requires a navigation test, a cruise expert shall participate in this test.
(2) In the case of a mandated legal person, by carrying out a technical inspection of the vessels referred to in Section 4, pursuant to Section 10 (4) of the Act (hereinafter referred to as "the mandated legal person '), that legal person shall carry out a technical inspection of the vessels. In this case, at least one member of the expert committee shall participate in the technical inspection of the vessel. The provisions of the third paragraph shall apply mutatis mutandis. Proof of the technical inspection carried out and the results thereof shall be submitted by the authorised legal person to the expert committee. This document is the basis for the decision of the expert committee.
(3) The vessel shall be brought to the technical inspection without load, cleaned and equipped in accordance with the technical safety requirements. In the framework of the technical inspection of the vessel, it shall be possible to examine parts of the hull or equipment which are not directly accessible or visible.
(4) The person carrying out the technical examination shall be entitled to require, if necessary, a dry-cleaning, navigation test, submission of other documents listed in Annex 1 to this Decree, and tests, assessments and confirmation or synergy of other specialised experts. When verifying the technical competence of a vessel, neither the expert commission nor the authorised legal person shall examine the facts verified by a valid technical inspection carried out in another Member State of the European Union; This shall not apply if the expert committee or the authorised legal person has reasonable doubts as to the technical condition of the vessel.
(1) Before the expiry of the validity of the certificate referred to in Section 7, the vessel shall undergo a regular technical inspection of the vessel.
(2) The technical inspection of the vessel before issuing the certificate shall include the inspection on land. A land inspection may be waived if the vessel has already been inspected. In the case of a further technical inspection, a landslide inspection may be required if this is necessary for the assessment of the technical competence of the vessel.
(3) The technical inspection of the vessel before issuing a certificate of a vessel equipped with an engine for propulsion of a vessel or a craft assembly or, in the case of significant modifications to the propulsion or steering equipment, includes the conduct of a test voyage. Other operational tests and other supporting documents may also be required during the technical inspection of the vessel.
(1) The technical inspection of the vessel shall be carried out at the expense of the applicant.
(2) Within 5 working days of carrying out the technical inspection of the vessel by the expert commission or the presentation of a document of the technical inspection carried out by a vessel authorised by a legal person, the expert commission shall deliver an opinion indicating whether the vessel fulfils the conditions for the approval of the technical competence of the vessel; in particularly complex cases, the opinion shall be delivered within 10 working days. The expert committee shall act by a majority vote. Each member of the Panel of Experts shall be entitled to make written objections concerning the technical inspection of the vessel and to submit such objections to the Chairman of the Panel of Experts no later than 2 working days after the technical inspection of the vessel or the submission of the documents referred to in the first sentence; the expert panel shall discuss the objections raised and adopt an opinion on them.
Forms of vessel type certificate
(K § 12 (4) of the Act)
The vessel type certificate shall include:
(a) the basic identification details of the manufacturer, authorised importer or seller at whose request the navigational authority issued the type licence;
(b) the date of issue of the type licence and the reference number under which it was issued;
(c) basic data on the vessel:
1. type, type and serial number,
2. the design category according to specific legislation or the indication of the navigation zone for which the vessel is designed and intended;
3. hull structure and material;
4. length, width, lateral height, free side, safety distance,
5. maximum allowable draught and maximum height above the surface;
6. displacement corresponding to the maximum permissible load,
7. maximum permissible load,
8. the largest authorised number of persons,
9. type of propulsion,
10. in the case of machinery, the number of machines, type, year of manufacture, serial number or numbers, performance, type of rolling stock,
11. in the case of sails, the area of the basic sails and the total largest area of sails for which the vessel is designed; and
(d) a declaration by the manufacturer, authorised importer or retailer that the vessel conforms to the approved type and that the approved production procedures (c) have been followed during its manufacture.
2b) Communication from the Czech Statistical Office No. 320 / 2003 Coll., on the introduction of the Classification of Tribal Fields of Education (KKOV).
(c) Government Decree No 174 / 2005 Coll., laying down technical requirements for recreational craft, for semi-manufactured recreational craft and for their selected parts, for water scooters and propulsion engines for recreational craft and for water scooters. '
11. Article 7, including the title and footnote 2d, reads:
Validity of the vessel certificate
(Paragraph 10 (6) of the Act)
(1) The certificate of the vessel is issued for a period limited to:
(a) for passenger ships, tankers, towing and pushing boats for a maximum period of five years;
(b) for cargo ships, towing boats and pushed boats, except tankers, tugs, ferries, floating machinery and special ships for a maximum period of 10 years, for ships over 30 years of age for a maximum period of five years;
(c) for small vessels for a maximum period of eight years, if it is a new vessel, and for a maximum of four years, if it is already operated; for each second renewal inspection, the part of the vessel shall be checked; for vessels over 25 years of age, the part of the vessel shall be checked at each inspection; for navigation abroad, an international certificate for a recreational craft may be issued for a maximum period of four years for a small vessel's certificate,
(d) for floating equipment for a maximum period of 10 years.
The validity of a vessel certificate issued on the basis of a valid vessel certificate issued pursuant to Article 22 of the Revised Convention for the Navigation of the Rhine or a valid vessel certificate 2d) issued in another Member State of the European Communities shall be the same as that of that previously issued vessel certificate. The period of validity shall be indicated in the certificate of the vessel.
(2) The period of validity of the certificate of the vessel must correspond to the assumption of the duration of the technical competence of the vessel certified by the technical inspection of the vessel.
(3) The period of validity of the certificate of the vessel may be extended for a vessel in operation meeting the conditions for the approval of the technical capability of the vessel on the basis of a technical inspection of the vessel for a maximum period fixed in accordance with paragraph 1, with respect to the provisions laid down in paragraph 2.
(4) Model Community inland navigation certificate is set out in Annex 3 to this Regulation, model Community inland navigation certificate is set out in Annex 4 to this Regulation.
(2d) Directive 2006 / 87 / EC of the European Parliament and of the Council of 12 December 2006 laying down technical requirements for inland waterway vessels and repealing Council Directive 82 / 714 / EEC. Council Directive 82 / 714 / EEC of 4 October 1982 laying down technical requirements for inland waterway vessels. '.
12. Article 11 (2), including footnotes 5 and 6, reads as follows:
"(2) A candidate who has a higher education degree obtained through a study programme in the field of mechanical engineering or electrical engineering (5), or a higher vocational or secondary education with a degree in engineering and engineering production (2b) or in the field of heavy-current electrical engineering (6), and who has a professional experience in the relevant field of at least five years may apply for the examination of the inspector of the designated technical equipment.
5) Act No. 111 / 1998 Coll., on higher education institutions and amending and supplementing other laws (higher education law), as amended.
6) Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act), as amended. '
13. After Paragraph 13, the following Section 13a is inserted:
The emission values for pollutants in exhaust gases listed in Chapter 8 of Annex No 1 to this Regulation shall not apply to diesel engines of vessels of the State Navigation Administration, the Fire Department of the Czech Republic, the armed forces and the safety forces of the Czech Republic, the municipal police and watercourses managers, if they are intended for service purposes, vessels of the components of the Integrated Rescue System, if they are intended to carry out rescue and disposal operations. In addition, the emission values of pollutants in exhaust gases shall not apply to compression-ignition engines of vessels intended for the construction, maintenance or operation of water works or other structures on waterways used in the management of the waterway, flood protection vessels, vessels intended for the transport of not more than 12 passengers, excluding crew and recreational craft, under specific legislation. ';
14. Annex No 1 shall be deleted;
15. Annex 2 shall be renumbered Annex 1 and read as follows:
"Annex No 1
Technical conditions for the eligibility of ships and floating machinery
CHAPTER 1
GENERAL PROVISIONS
1.01. Definitions
For the purposes of this Annex, the following meaning shall be determined:
Species of vessel
1) vessel - ship, floating machine, floating gear, sea ship
2) motor ship - cargo ship or tanker,
(3) tanker motor ship - a vessel intended for the carriage of goods in fixed tanks and built for self-propelled solo navigation,
(4) a cargo motor ship - a vessel other than a tanker motor ship, intended for the carriage of goods and built for self-propelled voyages,
5) Sewerage - inland waterway vessel not exceeding 38,5 m in length and not exceeding 5,05 m in width, normally providing transport on the Rhine-Rhôna Canal,
6) tugboat,
7) pressure tug - vessel built for propulsion of compression formation vessels,
8) freighter - tugboat or tank boat
(9) tanker craft - a vessel intended for the carriage of goods in fixed tanks, constructed as towing, not self-propelled or self-propelled, only sufficient to carry out limited manoeuvres;
(10) tugboat - a vessel intended for the transport of goods which is not a tanker, constructed as a tugboat, not self-propelled or self-propelled only sufficient to carry out limited manoeuvres,
11) push boat - tank push boat, cargo push boat or container,
(12) tanker pressure craft - a vessel intended for the transport of goods in fixed tanks, constructed or specially prepared as compressed, not self-propelled or self-propelled only for the purpose of carrying out limited manoeuvres, unless it is part of a compression assembly vessel,
(13) cargo pressure craft - a vessel, other than a tank pressure boat, intended for the transport of goods, constructed or specially prepared as a pressure, not self-propelled or self-propelled, only sufficient to carry out limited manoeuvres, unless it is part of a pressure formation vessel;
14) Boat container - boat built for transport on special mother ships and inland waterways,
15) passenger ship - cruise or cabin passenger ship built and equipped for the transport of more than 12 passengers,
16) passenger sailing boat - passenger boat built and equipped so that it can also sail on a cruise,
17) cruise passenger boat - passenger boat without cabins for overnight passengers,
18) cabin passenger ship - passenger ship with passenger overnight cabins,
19) fast craft - a motor vessel which can reach a speed of more than 40 km / h relative to water,
20) a working vessel - a vessel which is suitably built and equipped for use on a waterway, such as a canopy for mellioration work, a storage hopper, a pontoon freighter, a pontoon or a pedestal for stacking,
21) boat - boat used for transport, rescue operations and work tasks,
Vessel assemblies
22) assembly - fixed or towed assembly of vessels,
23) the shape of the assembly - the way the assembly is assembled,
24) fixed assembly - pressure assembly or lateral assembly,
(25) pressure assembly - fixed system of vessels, at least one of which is located in front of the assembly propulsion vessel, which is one or more pressure tugs; a assembly consisting of pressure tugs and pressurised vessels, the lateral tether of which allows a controlled joint connection, shall also be considered to be fixed;
26) Side-bound assembly - a system of vessels firmly coupled together, none of which is in front of the master of the assembly,
(27) towed assembly - assembly of one or more vessels, floating gear or floating bodies towed by one or more self-propelled vessels forming part of the assembly.
Special spaces on board
28) main engine room - the space in which propulsion engines are installed,
29) Engineering - the space in which combustion engines are installed,
(30) boiler room - the space in which the fuel combustion plant is installed for steam production or heating the heat transfer medium,
31) closed superstructure - watertight, solid, permanent structure with fixed walls which are permanently and watertight connected to the deck,
32) helmsman - the space in which all control equipment and control equipment necessary for the management of the vessel are located,
33) Living space - space intended for use by persons normally present on board, including kitchen, storage space for supplies, toilets and washrooms, laundry facilities, anoraks, anoraks and passages, except for the wheelhouse,
34) passenger space - spaces on board designed for passengers and enclosed spaces such as common rooms, offices, shops, hairdressing rooms, drying rooms, laundry rooms, saunas, toilets, washrooms, passages, connecting corridors and staircases not closed by walls,
35) control station - helmsman, space containing an emergency source of electrical power or its component, or space with a permanent position occupied by crew or crew members, e.g. for fire detectors, door remote control or fire flap,
36) staircase shaft - internal staircase or elevator shaft,
37) public spaces - living or passenger spaces. On passenger ships, kitchens are not considered as common spaces,
38) kitchen - space with stove or similar equipment intended for food preparation
39) storage space - storage space for flammable liquids or space of more than 4 m2 to store stocks,
40) underboard cargo hold - part of the vessel, defined in front and rear by bulkheads, either open or closed by means of oesophageal covers intended to carry the load, packed or in bulk, or to store tanks which are not part of the hull of the vessel,
41) fixed tank - tank connected to the vessel, the walls of which either form the hull of the vessel or are independent of the hull of the vessel,
42) work station - the space where crew members perform their tasks, including the bridge, crane and boat,
43) passage - space intended for normal movement of persons and goods,
44) safe space - space bounded by the intended vertical plane at a distance of 1 / 5 BWL from the longitudinal axis of the hull of the vessel in the plane of the greatest permissible dive,
45) collection areas - areas of the vessel which are specially protected and in which persons are collected in the event of danger,
46) evacuation areas - part of the vessel's assembly areas from which it is possible to evacuate persons
Ships' technical concepts
47) the plane of the maximum permissible draught - the plane of the main waterline corresponding to the maximum draught at which the vessel is authorised to sail,
48) safety distance - the distance between the plane of the maximum allowable dive and the parallel plane passing through the lowest point above which the vessel is no longer considered watertight;
49) remaining safety distance - vertical distance available in the event of the vessel's tilt between the water level and the lowest point of more submerged side over which the vessel is no longer considered watertight;
50) free flank (f) - the distance between the plane of the maximum permissible draught and the plane parallel to it passing through the lowest point of the edge, or, if not the edge, the lowest point of the upper edge of the vessel,
51) the remaining free side - vertical distance available in the event of the vessel's tilt between the water level and the upper deck surface at the lowest point of the more submerged side of the vessel, or, if there is no deck, at the lowest point of the upper edge of the fixed side of the vessel,
52) residual displacement line - the intended line on the side lining, at least 10 cm below the bulkhead deck and at least 10 cm below the lowest point of the side of the ship, which is not waterproof. If there is no bulkhead deck, a line at least 10 cm below the lowest line below which the outer lining is watertight shall be used,
53) water displacement (V) - immersed volume of the vessel in m3,
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Regulation Information
| Citation | Decree No. 173 / 2009 Coll., amending Decree of the Ministry of Transport No. 223 / 1995 Coll., on the eligibility of vessels to operate on inland waterways, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.06.2009 |
|---|---|
| Effective from | 22.06.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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