Decree of the Ministry of Transport No. 223 / 1995 Coll.
Ordinance of the Ministry of Transport on the competence of vessels to operate on inland waterways
Valid
Order
Effective from 13.10.1995
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223
DECLARATION
Ministry of Transport
of 14 September 1995
on the competence of vessels to operate on inland waterways
The Ministry of Transport provides, pursuant to Section 52 of Act No. 114 / 1995 Coll., on Inland Navigation ("the Act '):
Subject matter
This decree implements the relevant provisions of the European Union1) and provides for
(a) technical requirements for floating bodies and vessels subject to registration, except:
1. small vessels whose volume, calculated as the product of length, width and draught, is less than 100 m3;
2. floating gear with a length of less than 20 m, the volume of which is calculated as the product of length, width and draught is less than 100 m3;
(b) technical requirements for vessel equipment and equipment;
(c) a more detailed breakdown of the types of vessels and their characteristics;
(d) the method of keeping records of vessels in the register;
(e) vessels whose technical competence is verified by the expert panel;
(f) the procedure for carrying out the technical inspection, the organisational security of the technical inspection, the composition of the expert commission, the promise of a member of the expert commission, the manner in which the expert committee has acted and its activities in carrying out the technical inspection of the vessel;
(g) the procedure for carrying out the regular technical inspection, the follow-up or repair of the vessel and the follow-up and scope of the national surveillance;
(h) the extent and conditions of liability insurance for the operation of the vessel;
(i) designated technical equipment on vessels subject to supervision, scope of competence and other conditions for obtaining authorisation of persons eligible for their technical examinations and tests;
(j) models of the certificates of the vessel, the entries entered therein and the period of validity thereof;
(k) model of the provisional certificate of the vessel,
(l) 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;
(m) the number and professional composition of crew members for each type of vessel;
(n) the vessels for which the marking must be carried out and the conditions for its implementation and the procedure; and
(o) the types of vessels which must bear the load marks and the dialling scales, the particulars of the load marks and the dialling scales for each type of vessel and the manner in which they are placed on the vessel and the shipping documents by which the vessel must be equipped and the particulars recorded therein.
Waterways sailing zones
(K § 10 (7) of the Act)
The European Union's inland waterways are included in sailing zones 1 to 4. The classification of the waterways of the Czech Republic in individual sailing zones is set out in Annex 1 to this Decree.
More detailed breakdown of types of vessels and their characteristics
(K § 9 (6) of the Act)
(1) Ships are subdivided into:
(a) passenger ships;
(b) freighters;
(c) motor tankers;
(d) tugs;
(e) towing boats;
(f) pushing boats;
(g) ferry ships;
(h) special ships.
(2) The essential feature of the ship is its destination 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 waterway.
(3) The work features of some types of ships are further
(a) the distinctive bow and stern of the ship and its equipment by steering gear or other gear to control it while sailing; These characteristics may not be met by pressure boats,
(b) for a passenger ship, its destination for the carriage of more than 12 passengers;
(c) in the case of a tugboat, its destination only for towing, pushing or lateral hauling on board vessels;
(d) in the case of a ferry ship of its structure and destination for the carriage of passengers, animals or goods on the ferry, replacing bridging through the waterway;
(e) in the case of a special ship, its destination for purposes other than the transport of persons or of cargo or for towing or pushing in the vessel's composition as specified in the certificate; special boat is e.g. fire ship, diving boat, measuring boat, fishing boat, icebreaker, ship for military purposes etc.
(4) The basic feature of the floating device is that it is not equipped with its own machinery or its own gear for sailing control and is generally uncoupled or otherwise fixed in a permanent position. Floating equipment is e.g. floating port bridge, floating dock, floating garage, floating swimming swimming pool, boot etc.
Technical requirements for vessels and their equipment
(Articles 9 (6), 10 (7) and 10b (1) of the Act)
(1) The technical requirements for the operation of a vessel subject to this Decree, which is not a ferry, floating gear or floating body, on the European Union waterways in zone 3 and 4 and on the waterways of the Czech Republic in zone 2, and the technical requirements for its equipment and equipment are laid down in a European standard setting out the technical requirements for inland vessels ES- TRIN (hereinafter referred to as the "ES- TRIN standard"). The technical standard referred to in the previous sentence shall be made publicly available in a way that allows remote access.
(2) The technical requirements for the operation of a ferry ship, floating gear or floating body on the waterways of the Czech Republic in the navigation zone 2, 3 or 4 and the technical requirements for their equipment and equipment are set out in Annex 2 to this Regulation.
(3) The technical requirements set out in Annex No 2 to this Regulation shall not apply to vessels manufactured or placed on the market in a Member State of the European Union, the Contracting State of the Agreement on the European Economic Area, Switzerland or Turkey, provided that:
(a) comply with the technical regulations which are binding on the production, placing on the market or use of such vessels in one of those States; and
(b) ensure at least the level of protection of human life and health and the environment as pursued by Annex 2 to this Decree.
Use of equivalent technologies and deviations from technical requirements
(1) The technical requirements laid down by the ES- TRIN standard need not be applied to the extent that the European Commission, in accordance with the European Union Regulation governing technical requirements for inland waterway vessels (1), authorises derogations from this standard by implementing act or recognises the equivalence of technical solutions used.
(2) The information on derogations and recognition of equivalence referred to in paragraph 1 shall be entered on the certificate of the vessel.
Reduced technical requirements for certain vessels
(1) The technical requirements laid down by the ES- TRIN standard do not need to be applied to the operation of the vessel exclusively on the waterway of the Czech Republic in Zone 3 or Zone 4 within the limits of the derogations set out in Annex 3 to this Decree.
(2) The technical requirements laid down by the ES- TRIN standard for the operation of a vessel exclusively on isolated waterways of the Czech Republic in Zone 3 or Zone 4 shall not apply to the extent of the derogations set out in Annex 4 to this Regulation, provided that the request indicates the isolated waterways of the Czech Republic on which the vessel will operate.
(3) The technical requirements laid down by the ES- TRIN standard need not apply to a vessel built before 1 January 1950 for the operation of a vessel exclusively on the waterway of the Czech Republic in Zone 3 or Zone 4 within the scope of the derogations set out in Annex 5 to this Regulation,
(a) whose load capacity does not exceed 350 tonnes; or
(b) which is not intended to carry a load and whose maximum allowable displacement is less than 100 m3.
(4) The technical requirements laid down by the ES- TRIN standard shall not apply to the operation of a vessel exclusively intended for limited navigation of local importance on the waterways of the Czech Republic in Zone 3 or Zone 4 within the scope of the derogations set out in Annex 5 to this Regulation if the application indicates the section of the waterway where the vessel will be operated.
(5) A vessel for which verification of compliance with the conditions of technical competence has been carried out in accordance with paragraphs 2 and 4 shall be marked on the certificate by a specific waterway of the Czech Republic or its section. Derogations from the ES- TRIN standard referred to in paragraph 1 shall be indicated on the certificate of the vessel. Derogations from the ES- TRIN standard referred to in paragraph 2 shall be indicated on the vessel certificate to the extent set out in Annex 4 to this Decree. Derogations from the ES- TRIN standard referred to in paragraphs 3 and 4 shall be indicated on the vessel certificate to the extent set out in Annex 5 to this Regulation.
Voluntary submission to the requirements of ES- TRIN
The technical requirements set out in Annex 2 shall not apply to the operation of a ferry, floating gear or floating body if the vessel complies with the technical requirements set out in the ES- TRIN standard and the application indicates the certification requirement in Annex 9 to this Regulation. Paragraphs 3 (1) and 3b shall apply mutatis mutandis.
Vessels subject to verification of technical competence by expert boards and mandated by a legal person
(K § 10 (3) and (4) of the Act)
(1) The verification of compliance with the conditions of technical competence of vessels by the expert commission established by the navigational authority shall be subject to the vessels subject to this decree, except for floating bodies.
(2) Vessels for which the navigational authority may delegate a legal person to carry out a technical inspection are vessels subject to this decree, with the exception of floating bodies.
The expert commission and its activities
(K § 10 (3) of the Act)
(1) The expert panel must be composed of at least one staff member of the navigating office, one expert in the construction of vessels and their machinery, one expert in the field of traditional vessels defined by the ES- TRIN standard and one expert in the field of navigation; In so doing, the Agency may establish experts and other experts.
(2) From among the members of the expert committee, the sailing office shall appoint the chairman of the expert committee.
(3) A 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 (1). A cruise expert shall hold a master's licence which is not a small vessel. The expert in the field of traditional vessels and the carrying out of inspections of traditional vessels must have at least a secondary education with a graduate examination in the field of engineering education and engineering production (2b) and knowledge of the legal and technical provisions in the field of technical competence of traditional vessels defined by the ES- TRIN standard.
(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 assessment shall always be carried out by a member of the expert committee who is an expert in the design of vessels and their machinery. In the event that verification of compliance with the conditions of technical competence of the vessel also requires a navigational test, a cruise expert shall participate in this test. The assessment drawn up by a member of the expert committee who is an expert in the field of traditional vessels and carrying out inspections of traditional vessels shall also be the basis for verifying compliance with the conditions of technical competence of a traditional vessel as defined by the ES- TRIN standard.
(2) In the case of a mandated legal person, by carrying out a technical inspection of the vessels referred to in Section 4 (2), the legal person shall carry out a technical inspection of the vessels. In this case, at least a member of the expert committee who is an expert in the design of vessels and their machinery shall participate in the technical inspection of the vessel. The provisions of the second 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) Within 5 working days of carrying out the technical inspection of the vessel by the expert commission or the submission of a document of the technical inspection carried out by the vessel authorised by the legal person, the expert commission shall deliver an opinion indicating whether the vessel complies with the specified technical requirements; 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.
Procedure for carrying out the technical inspection and its scope
(K § 10 (11) of the Act)
(1) The vessel shall be placed for a technical inspection without passengers and cargo and cleaned. 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.
(2) The technical inspection of the vessel shall include the inspection on land. A land inspection may be waived if the vessel has already been inspected.
(3) The technical inspection of a vessel equipped with an engine for propulsion of a vessel or a vessel assembly involves the conduct of a test voyage. Other operational tests and other supporting documents or synergies of other specialised experts may also be required during the technical inspection of the vessel.
(4) When carrying out a technical inspection of the vessel to verify compliance with the conditions of technical competence laid down by the ES- TRIN standard, the procedures laid down by that standard shall also apply. The provisions of this decree shall apply when carrying out a technical inspection of the vessel to verify compliance with the conditions of technical competence set out in Annex 2 to this Regulation.
(5) The technical examination shall be carried out to the extent that the fulfilment of all specified conditions of technical competence is verified.
Recognition of roadworthiness tests carried out by another State
(Paragraph 10a (2) of the Law)
A technical inspection carried out by an authority of another Member State of the European Union or of another Contracting State of the Agreement on the European Economic Area which is competent to issue a document certifying the technical competence of a vessel for which the conditions of technical competence are not demonstrated by a Union certificate shall not be recognised if more than 5 years have elapsed since its implementation.
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) The second sentence of Article 4c (1), (2) and (4) shall apply mutatis mutandis when carrying out a regular technical inspection, follow-up or repair of the vessel, and follow-up of State surveillance.
(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 in order to verify compliance with the conditions of technical competence relating to the parts of the vessel which have been modified or repaired, the characteristics of the vessel which may have been affected by the modification or repair and the specific characteristics of the vessel referred to in Section 3 (1) as laid down in the ES- TRIN standard. 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.
Vessels subject to recognition
(to Article 17 (1) of the Law)
(1) Ships and floating machines with a maximum allowable displacement exceeding 100 m3 are subject to feeling.
(2) The conditions for carrying out the marking and the procedure are contained in the Order for the marking of inland waterway vessels, which is annexed to the decree No 6.
Equipment of vessels by ship's lists
(Paragraph 18 (3) of the Law)
(1) Vessels subject to registration as referred to in Article 1 (a) must be equipped with shipping documents:
(a) a document or other document on the basis of which, under the law, a vessel may be operated on waterways by:
1. the certificate of the vessel,
2. the provisional certificate of the vessel,
3. a document similar to that issued by another Member State of the European Union, another Contracting State of the Agreement on the European Economic Area or the Swiss Confederation,
4. a document under an international agreement forming part of the legal order,
5. the authorisation of the navigational authority to place the vessel on a waterway; or
6. a special transport permit, if issued on the grounds that the vessel does not meet the conditions of technical competence;
(b) the logbook;
(c) a list of the crew, where a vessel is engaged in water transport for hire or reward, of passengers residing on board for more than 24 hours;
(d) the grade card, if it is subject to the recognition rule,
(e) a list of oiled waters where the vessel is a floating machine or is equipped with its own machinery or machinery for equipment installed on it;
(f) the authorisation of a special transport operation where legally required for the operation of a vessel on a waterway;
(g) the steam boiler revision book and the pressure vessel revision book, including valid certificates of such designated technical installations, where such equipment is installed on board;
(h) the permit for operation of the ship's station and the logbook of the ship's station intended for water-based radio-telephony services or the permit for operation of the radar equipment, if equipped with them;
(i) an approval certificate under an international agreement governing the transport of dangerous goods by inland waterway which is part of the legal order, provided that the vessel transports dangerous goods under that international agreement and the approval certificate is issued for such carriage;
(j) evidence of professional assembly and revision of designated technical equipment, certificates of designated technical equipment,
(k) instruments relating to navigation required by international agreements which form part of the legal order.
(2) The data entered in the logbook are contained in Annex 7 to this decree.
(3) The list of crew or the list of passengers shall include the registration number of the vessel, the date of establishment of the list, the name and, where applicable, the name of the person, the date and place of embarkation and the date of exit from the vessel, and, in the case of the crew member, the place and date of birth and its functions on board.
(4) The relevant sampling points confirm the collection of these waters from the vessel in the register of oiled waters. The data entered in the book of oiled waters are contained in Annex 8 to this Decree.
(5) The revision book of steam boilers or pressure vessels shall indicate the registration name of the vessel, the date of establishment of the revision book, the date of the revision and the outcome thereof, the date of the next revision, the name and signature of the person making the revision.
Period of validity of the vessel certificate and vessel model certificates
(Articles 10 (5), 10b (1) and 11 (2) of the Law)
(1) The validity of the certificate of the vessel is:
(a) 5 years for:
1. passenger ships,
2. vessels referred to in Paragraph 3 (1) which have their own machinery and may reach a speed of more than 40 km / h relative to water;
3. Floating facilities on which a longer-term presence of persons, such as botels, floating restaurants, shop, galleries, swimming pool,
(b) 10 years for other vessels subject to this decree.
(2) The validity of the certificate shall be extended by the period referred to in paragraph 1.
(3) A Union certificate shall be issued to the vessel in accordance with the model set out in Annex 9 to this Regulation if the vessel, its equipment and its equipment comply with the technical requirements laid down for the relevant zone in the ES- TRIN standard or comply with the technical requirements referred to in Section 3a.
(4) Model of vessel certificate for:
(a) the vessels referred to in Paragraph 3 (1) are listed in Annex 9 to this Order;
(b) ships and floating gear are listed in Annex 10 to this Decree.
(5) The model of the provisional certificate of the vessel for the vessels subject to this Order is set out in Annex 11 to this Order.
(6) The model of the certificate of the vessel for vessels for which verification of compliance with the conditions of technical competence for the operation on the waterways of the Czech Republic has been carried out in accordance with the technical requirements set out in Section 3b (1) and have a valid Union certificate is set out in Annex 12 to this Decree.
Vessels subject to insurance
(to Article 19 (1) of the Law)
(1) A vessel which can be operated on a waterway only under the condition of liability insurance for the operation of a vessel is:
(a) a ship, unless it is a towed or pushed boat, not carrying dangerous goods;
(b) a floating machine.
(2) The minimum performance limit for which liability insurance for damage caused by the operation of a vessel must be agreed shall be:
(a) CZK 40,000 per passenger from the total number of passengers declared in the ship's certificate for passenger ships and ferry ships intended for the transport of more than 12 passengers;
(b) CZK 2,000 per kilowatt (kW) from the total engine power of the tugs declared in the certificate;
(c) 1 000 CZK per tonne of maximum displacement for lorries, special ships and floating machines specified in the certificate;
(d) 1 500 CZK per tonne of load capacity for tanker motor ships and ships carrying dangerous goods listed in the certificate.
Designated technical equipment on board
Determination of designated technical installations
(to Paragraph 20 (1) of the Act)
The designated technical equipment on board are:
(a) pressure equipment
1. steam boilers, liquid boilers, including their accessories, with a design overpressure exceeding 0,05 MPa (0,5 bar);
2. pressure vessels excluding pressure vessels for floating machinery,
3. pressure vessels for the transport of gases and liquids built in vessels;
(b) gas equipment
1. gas distribution and consumption equipment including coupling devices;
2. special containers and containers for the transport of liquefied heating gases and dangerous substances;
(c) heavy current electrical equipment
1. electrical equipment of vessels, including a shore cable, with a voltage exceeding 50 V and with a current current exceeding 25 mA or an alternating current above 10 mA, with the exception of extracting equipment on floating machines;
2. equipment to protect against atmospheric surges on board,
(d) lifting appliances
1. cranes and hoists having at least one motor drive, except for mining equipment on floating machines;
2. cranes and hand hoists.
Scope of competence of authorised persons
(to Section 21 of the Act)
(1) The authorised person for the technical examinations and tests of the designated technical equipment is the inspector of the designated technical equipment.
(2) The requirements for obtaining the competence of the inspector of the designated technical installation are:
(a) knowledge of the legislation relating to inland navigation and the eligibility of vessels;
(b) knowledge of the generally binding legislation, hygiene and safety relating to designated technical installations as well as the international conventions by which the Czech Republic is bound in this field;
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Regulation Information
| Citation | Decree of the Ministry of Transport No. 223 / 1995 Coll., on the competence of vessels to operate on inland waterways |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.10.1995 |
|---|---|
| Effective from | 13.10.1995 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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