Act No. 26 / 1964 Coll.
Inland navigation law
Valid
Effective from 01.04.1964
26.
THE LAW
of 31 January 1964
on inland navigation
The National Assembly of the Czechoslovak Socialist Republic decided on this law:
Preliminary provisions
Inland navigation serves together with other modes of transport to meet the needs of the national economy and the population; navigation needs to be developed, used for navigation and new waterways and ports must be built. In the construction and use of waterways and ports, account shall be taken of the requirements of water transport and water sports in accordance with other tasks resulting from complex, technically and economically efficient water management.
(1) The Federal Ministry of Transport and the State Navigation Administration in Prague, the State Navigation Administration in Bratislava and the Czechoslovak Ship Register in Prague are carried out by the National Navigation Administration in Prague.
(2) The Federal Ministry of Transport ensures the development of inland navigation, identifies its needs and represents its interests in the construction and modification of waterways and ports, addresses fundamental issues relating to the safety of navigation and port operations, approves new types of vessels and oversees technical installations on board vessels and ports when they serve direct water transport security; these technical installations will be designated by the Federal Ministry of Transport in agreement with the Czech Labour Safety Authority and the Slovak Labour Safety Authority by a generally binding legislation.
(3) The State Navigation Administration in Prague, in the territory of the Czech Socialist Republic and the State Navigation Administration in Bratislava, in the territory of the Slovak Socialist Republic (hereinafter referred to as the "Navigational Administration") ensure navigation safety on waterways and ports, oversees compliance with the rules relating to navigation, decides on the operational competence of vessels, carries out vessel identification, issue relevant ship records, carry out ship records, test the competence of crew members, carry out expert investigations on and take the necessary measures in the water flow management sector, cooperate with watercourses managers, supervise port operations intended for public use and ensure the construction of their land area; impose and collect fines in block proceedings for offences against navigation safety.
(4) The sailing authority shall exercise its competence directly or through its organisational departments, which are the branch offices of the navigation authority and their workplaces.
(5) The Administration may issue navigational orders containing orders and prohibitions to ensure the safety and continuity of navigation operations and taking other appropriate measures.
(6) The Czechoslovak shipping register in Prague (hereinafter referred to as the "register") is an organisation which performs technical technical supervision of the construction, reconstruction or modernisation of vessels, and carries out technical inspections of vessels to examine their technical competence. The Federal Ministry of Transport may delegate the register to the supervision of technical equipment designated in accordance with paragraph 2.
(7) Port and waterway managers, watercourses managers (owners, users) of real estate, designers, manufacturers and operators of vessels and technical equipment designated in accordance with paragraph 2 are required to allow personnel responsible for the exercise of official professional supervision on inland waterways (paragraph 1) to enter the port district, the property, the operating areas and the vessels and to create the conditions necessary for their supervision.
Waterways and ports
(1) All waterways, water tanks and canals on which navigation by large and small ships, floating equipment, floating machinery, rafts, sports and recreational vessels is possible shall be considered as waterways. For the use of waterways for navigation, ports shall be established at appropriate places for the translation of goods, the addition of fuel and for the overwintering and protection of vessels. The port shall consist of the water part of the port and the territorial perimeter of the port.
(2) The Federal Ministry of Transport will determine which waterways will be monitored and maintained by their navigability and which ports are intended for public use.
(3) Waterways are established, maintained and designated by the organisations responsible for the construction and management of watercourses; while maintaining the waterway and setting the fairway, the organisation shall comply with the requirements of the navigation authority and its organs.
Parts of the waterway are locks (eaters, lock rooms), water parts of ports, waterfront walls, fortification of shores, harbours, berths, galleries and auxiliary coastal trails.
(1) Any activity in or near the waterway, if it may affect the safety and continuity of the voyage, may be carried out only with the consent of the navigation authority or its authority. This is without prejudice to the scope of the water authorities.
(2) Anyone who has intervened in any way in the waterway shall take appropriate measures to maintain the safety and continuity of the voyage. If this is not the case and if there is a danger of delay, the navigational authority or organisation responsible for managing the waterways shall take action on its cargo.
(1) Bridges must be built in such a way as not to make conditions worse.
(2) The height of the lowest point of these devices above the highest level of navigation shall be such that the voyage is not impossible, difficult or endangered when crossing or otherwise reaching the waterway.
(3) The line (s) may be inserted into the bottom of the waterway, provided that appropriate measures are taken to prevent damage to it and that there is no difficulty in sailing.
(4) Exemptions from the provisions of paragraphs 1 to 3 are permitted by the navigation service.
(1) The ferry must be set up and its operation arranged in such a way that it does not restrict or disturb other voyages. It requires the consent of the navigation authority to establish it.
(2) The operation of the ferry must comply with the conditions laid down by the water authorities and the navigation service.
(1) Fencing which would interfere with the waterway has led to water and thus made it difficult for free movement along the shore to be established only with the agreement of the water operator given in the agreement with the navigation authority.
(2) Managers (owners, users) of real estate are obliged to suffer from the cleaning and removal of trees and shrubs limiting the visibility of navigational signs and lights, the establishment, placement and operation of navigational signs and lights, as well as the untying of floating equipment. The exercise of this authorisation shall not be compensated for by the trustees (owners, users) of the property.
(3) Managers (owners, users) of real estate shall be entitled to compensation for damage caused to them in the exercise of the authorisation referred to in paragraph 2. If there is no compensation for damage to the agreement, the district national committee shall decide on the compensation at the request of the injured. The claim shall be exercised by the injured party within 30 days of the date on which it has determined the amount of the damage but no later than 6 months from the date of the damage; otherwise the claim shall cease.
(4) Shredding works in the vicinity of the waterway with the navigability observed may only be carried out in agreement with the navigation administration and the organisation responsible for managing the water flow.
Vessels
(1) Vessels are ships, floating machines, floating gear and rafts. The Federal Ministry of Transport provides for generally binding legislation which vessels are considered small vessels.
(2) Vessels must be built according to the rules for shipbuilding issued or recognised by the Federal Ministry of Transport, approved types and supervised by the registry. According to these rules and under the supervision of the register, reconstruction or modernisation of vessels shall also be carried out. The costs of supervision shall be borne by the manufacturer or, where appropriate, by the vessel's agent. In the case of vessels built, reconstructed or upgraded abroad, this surveillance of a foreign organisation of a similar nature may be carried out with the approval of the Federal Ministry of Transport.
(3) The seagoing capacity shall be demonstrated by a ship's certificate. Vessels to be used only on a single voyage shall be granted a special permit instead of a ship certificate; Such authorisation shall also be obtained by test vessels, floating gear and rafts.
(1) Upon completion of construction, reconstruction or modernisation of the vessel, the register shall issue a certificate certifying its technical competence. On the basis of this licence, and after verifying the operational competence, the VMC shall issue a ship's certificate for the vessel.
(2) The operator of the vessel is responsible for the proper technical and operational condition of the vessel. It shall submit the vessel to technical inspections carried out within the time limits and under the conditions laid down by the Federal Ministry of Transport. The technical inspection of the vessel shall also be carried out after each accident or major repair of the vessel and its propulsion equipment if they may affect the strength and stability of the vessel.
(3) Technical inspections by which the technical and navigational management verifies the operational capacity of the vessel shall be carried out without payment.
(1) On a vessel with the exception of a small vessel, the maximum allowable dive shall be indicated in accordance with the rules for the marking of inland waterway vessels. The Federal Ministry of Transport provides for a generally binding legislation which vessels are subject to branding and must have a branding licence.
(2) At the request of the manufacturer or, where applicable, the operator of the vessel, the operator of the vessel shall carry out the journey management.
(1) The record of ships, floating machinery and floating equipment, with the exception of sports and recreational vessels, ferry vessels, floating floating fleets and rental ships, is maintained by the Administration.
(2) The Government of the Czechoslovak Socialist Republic shall determine the extent to which vessels not subject to registration under paragraph 1 will be registered and designate the authority responsible for keeping such records.
(3) Vessels must bear registration marks.
The operator of the vessel shall be obliged to equip the vessel, in addition to the ship's certificate, with the ship's lists to be determined by the Federal Ministry of Transport for each type of vessel.
(1) Vessel (s) owned by Czechoslovak organisations or Czechoslovak citizens and not registered in the foreign vessel register shall be considered to be Czechoslovak vessels.
(2) Other vessels shall be considered to be foreign vessels.
(3) The flag proving the nationality of Czechoslovak ships is the Czechoslovak flag.
(1) The crew must be on board in such a number and composition as to ensure the safety of the voyage; the minimum number of crew members on board and its composition shall be determined by the navigational management when the ship's certificate is issued.
(2) Only persons who are medically and professionally competent may be employed on board vessels.
(3) Only persons who can demonstrate their competence are entitled to carry vessels, to drive and to operate other equipment on board.
(4) Licences are issued by the navigation service for crew members of Czechoslovak vessels. The VMC may delegate the issue of certificates to the vessel operator.
Operation
(1) On inland waterways, only vessels for which seaworthiness has been established may be used for navigation. Vessels shall be kept in a state which ensures the safe and economical operation to which they have been admitted.
(2) The safety of in-service vessels shall be the responsibility of their operator, which shall be the organisation or citizen to whom the vessel belongs and who use it for navigation or who have access to the vessel during navigation.
(1) In order to ensure the safety and continuity of inland navigation and in order to maintain order on waterways and ports, the Federal Ministry of Transport will declare rules on navigation traffic (Regulations on navigation safety and port regulations).
(2) The operator of the vessel shall comply with the rules on navigation and take the measures necessary to ensure the safety of navigation and order on waterways and ports; when using ports, he shall ensure that traffic is not impeded, port facilities are not damaged and vessels are not damaged.
(3) For the use of ports intended for public use, the vessel operator shall pay compensation. The amount of compensation and cases where no refund is collected shall be declared by the Federal Ministry of Transport in the Transport and Tariff Bulletin.
(1) The master of the vessel must report without delay to the Administration (its authority) or to the Public Security Authority and, if there is an accident involving a fire of a vessel or gear, also to the Regional National Committee. The navigational authority (its authority) shall, as appropriate, discuss accidents in cooperation with the public security authorities and, where appropriate, the district national committee and the water management authorities.
(2) The operator of the vessel and the organisation responsible for the management of the watercourses shall be obliged to communicate to the navigational authority all facts relating to the navigating accident, to the shipowner and other documents which may clarify the cause or other circumstances of the navigating accident.
Transport
(1) Relations between vessel operators or other carriers and carriers or passengers must be adapted to help create the necessary conditions for increasing the level of transport.
(2) The conditions governing the carriage of goods and passengers and the storage of goods are laid down in the transport, transport and warehousing schedules. The fees for carriage and the charges for ancillary operations shall be fixed by tariffs.
(3) Transport, transfer and warehousing schedules are issued by the Federal Ministry of Transport in agreement with, and after consultation with, participating central authorities. Tariffs are announced in the Transport and Tariff Bulletin.
Where the transport needs so require, the operator of the vessel shall, with another transport organisation in the places where the transport takes place from one mode of transport to another mode of transport, create suitable conditions for reconciling the activities of both modes of transport, or, in the interests of the efficient use of inland navigation, shall carry out, together with other modes of transport, combined transport in accordance with the single timetable.
(1) Data on the regular journeys of ships carrying passengers shall be established by timetables drawn up and issued by the vessel operator after consultation with the district national committee; in the case of international transport, the timetable is approved by the Federal Ministry of Transport after consultation with the Ministry of Interior and the Ministry of Foreign Trade - Central Customs Administration.
(2) The procedure for announcing timetables is laid down in the timetable.
Joint accident
(1) A common accident means damage caused by the deliberate and effective making of extraordinary sacrifices or expenses to save assets from a common danger.
(2) The common accident is spread out between the vessel, freight and cargo in proportion to their value.
(3) The plan for a joint accident will also be implemented if the event which caused the victim or the expenditure belonging to the joint accident is caused by one of the participants; the claims of other participants for damages against it are without prejudice to this.
(4) The case of a joint accident does not create a personal obligation to pay contributions. However, if the holder of the load knew when it was taken up that the load was to be paid, he shall be personally obliged to pay it up to the amount which could have been paid off the load if it had not been issued to him.
(5) The operator of the vessel shall not issue a cargo on which the contribution to the common accident is linked until the contribution is paid or the security is provided; otherwise be responsible for paying the contribution.
(6) The provisions of the preceding paragraphs shall not apply where the operator of the vessel or other carrier and transporter has made derogating arrangements.
Final provisions
(1) The interests of the defence of the Republic must be respected when building and operating waterways. In the construction of waterways, defence security aspects are applied by military administration, which monitors the status, performance and arrangement of water traffic.
(2) Paragraphs 2 (7), 9 to 15 and 18 to 21 do not apply to vessels and technical installations of the armed forces and armed corps.
The Federal Ministry of Transport shall issue more detailed provisions for the implementation of this Act in agreement with the competent central authorities; providing for concessions and derogations for small vessels and for sport and recreational navigation, for rafts and certain floating equipment.
They shall be deleted:
1. Act No. 13 / 1929 Coll., on the Classification of Inland Ships,
2nd Government Decree No. 51 / 1932 Coll., on the Labelling of Inland Ships,
3. Decree No 1694 / 1946 U. l. I., on loading and unloading periods in inland navigation,
4. Act No. 152 / 1950 Coll., on the adaptation and safety of inland waterway traffic,
5th Transport Minister Order No. 202 / 1950 Coll., on the Port Regulations for Czechoslovak Inland ports,
6. order of the Minister of Transport No 56 / 1951 Coll., on swimming books,
7th Decree No. 1 / 1951 Ú. l. I., on Czechoslovak inland ports,
8. legal measure No. 1 / 1955 Coll., on State Administration in the matters of navigation, as amended by Decree No. 102 / 1960 Coll., on the abolition of regional authorities in Slovakia and navigation authorities in Prague,
9. Ordinance of the Minister for Transport No 16 / 1955 Coll., on the eligibility and registration of inland vessels,
10. Decree No 3 / 1955 of the Ú. l., on the competence of navigation administrations and their bodies,
11. Decree No 59 / 1955 of the Ú. l., on the eligibility and registration of inland vessels,
12. Decree No. 255 / 1955 Ú. l., on loading and unloading operations and the storage of goods in Czechoslovak inland ports (transhipment and warehouse regulations),
13th Decree No 256 / 1955 of the Ú. l., on compensation for the use by vessels of inland ports,
14. Decree No 30 / 1956 of the Ú. l., on lamps for vision and signalling lights on inland vessels,
15. Decree No 161 / 1956 of the Ú. l., on the declaration of standards and deadlines for the loading and unloading of vessels in Czechoslovak inland ports and transports,
16. Decree No. 110 / 1957 Ú. l., on the number, composition and eligibility of crew members of inland waterway vessels,
17th Decree No 123 / 1957 of the Ú. l., on concessions in the register of small vessels,
18th Decree No 191 / 1957 of the Ú. l., on the special rights and obligations of the safety authorities.
The Act shall take effect on 1 April 1964.
Novotný v. r.
Fierlinger v. r.
Lenárt v. r.
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Regulation Information
| Citation | Act No. 26 / 1964 Coll., on Inland Navigation |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.02.1964 |
|---|---|
| Effective from | 01.04.1964 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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