Government Decree No. 270 / 2003 Coll.
Government regulation laying down technical requirements for recreational craft, partly-constructed recreational craft and their selected parts
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Regulation
Effective from 01.05.2004
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01.05.2004
22.08.2003
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270
GOVERNMENT REGULATION
of 30 July 2003
laying down technical requirements for recreational craft, partly-constructed recreational craft and their selected parts
The Government orders pursuant to Section 22 of Act No. 22 / 1997 Coll., on Technical Requirements for Products and on the Amendment and Addition of Certain Acts, as amended by Act No. 71 / 2000 Coll. and Act No. 205 / 2002 Coll., ("the Act ') to implement Sections 11 (2), 12 (1) and (4) and 13 (2) of the Act:
Subject matter
(1) This Regulation lays down, in accordance with the law of the European Communities (1), the technical requirements for recreational craft, partially manufactured recreational craft and their selected parts intended for placing on the market of the European Communities.
(2) This Regulation shall not apply to:
(a) recreational craft designated by the manufacturer and designated exclusively for racing;
(b) canoes, kayaks, rowing boats and pedal boats;
(c) washed boards,
(d) motor boards, scooters and similar motor-powered vessels;
(e) original historical vessels and copies thereof, provided that they have been marked by the manufacturer as copies of the historical vessels, have been constructed before 1950 and have been manufactured mainly from identical materials used on historical vessels;
(f) test vessels subsequently not placed on the market;
(g) vessels manufactured for their own use, provided that they are not marketed for a period of 5 years after manufacture;
(h) vessels specially designed for the carriage of persons, carried out in the course of business, when occupied by their own crew, 2)
(i) submersible vessels;
(j) hovercraft;
(k) ships carrying wings.
Basic concepts
For the purposes of this Regulation:
(a) a recreational craft of any type for sporting and recreational purposes with a hull length of 2,5 m to 24 m, irrespective of the type of propulsion;
(b) a semi-manufactured recreational craft completed by the vessel's body for the construction of a recreational craft or a recreational craft assembly;
(c) the selected parts of the recreational craft of a device to prevent the start of a built-in engine, a trailer engine or a laden trailer engine, a steering gear, a fuel tank, a fuel hose, a hatch and a side window (hereinafter referred to as the "specified products");
(d) the essential technical requirements for the specified products are those for their design and design in terms of safety, health and the environment.
Basic technical requirements
The specified products shall comply with the essential technical requirements set out in Annex 1 to this Regulation; semi-manufactured recreational craft shall comply with the basic technical requirements set out in Annex 1 to this Regulation which apply to an developed recreational craft. Where the basic technical requirements are specified by harmonised Czech technical standards (Section 4a (1) of the Act) or by foreign technical standards transposing a harmonised European standard in the Member States of the European Communities and the characteristics of the specified products comply with them, these basic technical requirements shall be deemed to be met.
Conditions of marketing
(1) Vacation vessels and their selected parts may be placed on the market only for use corresponding to their intended purpose, provided that they do not endanger the safety and health of persons, property and the environment and that the manufacturer, his authorised representative or importer has applied the appropriate conformity assessment procedures to the technical requirements for the specified products ("conformity assessment procedures") referred to in Article 5 and has issued an EC declaration of conformity pursuant to Article 10 (1).
(2) Semi-manufactured recreational craft may be placed on the market only for use corresponding to their intended purpose, provided that they do not endanger the safety and health of persons, property and the environment and that the manufacturer, his authorised representative or importer has applied the conformity assessment procedures referred to in Article 5 to the extent set out for semi-manufactured recreational craft and that the manufacturer, his authorised representative or importer has issued a declaration that the product is intended to be completed by other manufacturers and that it complies with the essential technical requirements applicable to the developed vessel referred to in Article 10 (3).
(3) The putting into service of recreational craft, including their selected parts, is governed by specific legislation (3), (4)
Conformity assessment procedures
(1) For design category A - ocean and design category B - sea, as defined in Annex 1 to this Regulation, recreational craft
(a) a hull length of up to 12 metres shall be determined by the conformity assessment procedure set out in Annex 3 to this Regulation - internal production control and testing (conformity assessment procedure - module Aa);
(b) a hull length of 12 metres or more up to and including 24 metres shall be determined:
1. the conformity assessment procedure referred to in Annex 4 to this Regulation - type examination, supplemented by the conformity assessment procedure referred to in Annex 5 to this Regulation - conformity with type (conformity assessment procedure - Module B + C),
2. the conformity assessment procedure set out in Annex 4 to this Regulation - type examination, supplemented by the conformity assessment procedure - set out in Annex 6 to this Regulation - quality assurance of production (conformity assessment procedure - module B + D),
3. the conformity assessment procedure set out in Annex 4 to this Regulation - type examination, supplemented by the conformity assessment procedure set out in Annex 7 to this Regulation - product verification (conformity assessment procedure - module B + F),
4. the conformity assessment procedure set out in Annex 8 to this Regulation - verification of individual products (conformity assessment procedure - Module G); or
5. the conformity assessment procedure referred to in Annex 9 to this Regulation - comprehensive quality assurance (conformity assessment procedure - Module H).
(2) For design category C - offshore, as defined in Annex 1 to this Regulation, recreational craft
(a) the hull length up to 12 metres shall be determined:
1. the conformity assessment procedure set out in Annex 2 to this Regulation - internal control of production (conformity assessment procedure - Module A), if harmonised Czech technical standards pursuant to § 4a (1) of the Act are complied with in the construction of a recreational craft, which regulate the requirements contained in points 3.2 and 3.3 of Annex 1 to this Regulation; or
2. the conformity assessment procedure set out in Annex 3 to this Regulation - internal control of production and testing (conformity assessment procedure - module Aa), unless harmonised Czech technical standards governing the requirements contained in points 3.2 and 3.3 of Annex 1 to this Regulation are complied with in the construction of a recreational craft,
(b) a hull length of 12 metres or more up to and including 24 metres shall be established by the conformity assessment procedures referred to in paragraph 1 (b).
(3) For design category D - protected waters, as defined in Annex 1 to this Regulation, the conformity assessment procedure set out in Annex 2 to this Regulation - Internal control of production (conformity assessment procedure - Module A) shall be established.
(4) The conformity assessment procedure referred to in paragraph 1 (b) shall be established for the selected parts of the recreational craft.
(5) After carrying out the procedures referred to in paragraphs 1 to 4, the manufacturer or his authorised representative or importer of recreational craft and their selected parts which comply with the requirements of this Regulation shall affix the CE marking referred to in Article 6 and issue an EC declaration of conformity pursuant to Article 10.
CE marking and other marking
(1) Vacation vessels and their selected parts which comply with the essential technical requirements referred to in Article 3 must bear the CE marking when placed on the market. The CE marking, the graphic form of which is laid down in a specific legislation, 5) shall be affixed by the manufacturer or his authorised representative or importer to the product label in accordance with point 2.2 of Annex 1 to this Regulation. The CE marking shall be made in a visible, easily legible and indelible manner. The CE marking shall be accompanied by the identification number of the authorised person responsible for carrying out the conformity assessment procedures set out in the Annexes.
(2) Vacation vessels and their selected parts must not bear a mark which could mislead anyone as to the meaning and shape of the CE marking. Any other marking may be affixed to recreational craft and to their selected parts or to their packaging unless this reduces the visibility and legibility of the CE marking.
(3) The CE marking on the recreational craft and its selected parts shall indicate that the product complies with the technical requirements laid down in all the legislation applicable to it and which provide for or allow it and that the procedure laid down in the assessment of its conformity has been followed. However, if one or more laws for a transitional period require the manufacturer to choose which provisions he or she will follow, the CE marking shall indicate compliance only with those laws or their provisions used by the manufacturer. In this case, the documentation, warnings or instructions required by the legislation concerned and annexed to the products concerned shall indicate the legislation or its provisions applied by the manufacturer.
The evidence of the conformity assessment procedure used under Section 13 (7) of the Act contains:
(a) the technical documentation referred to in Annex 10 to this Regulation;
(b) documents and findings issued in conformity assessment by an authorised person.
In order to assess the conformity of specified products, authorisation under Article 11 of the Act may be granted only to a legal person who fulfils the necessary conditions under Article 11 (2) of the Act and the minimum requirements set out in Annex 11 to this Regulation.
Notification of the imposition of a safeguard measure
In the event that a safeguard measure has been imposed on a specified product under a special law, 6) the notification of the decision to impose a safeguard measure under Article 7 (8) of the Act shall state whether the non-compliance was caused by:
(a) failure to meet the essential technical requirements laid down in Article 3; or
(b) incorrect application of the technical standards referred to in Article 3 where it is stated that those standards have been applied; or
(c) shortcomings in the technical standards referred to in Section 3.
The EC declaration of conformity and the declaration that the partially constructed recreational craft complies with the essential technical requirements applicable to the state of development of the recreational craft
(1) The EC declaration of conformity for recreational craft and their selected parts shall be drawn up in the Czech language and, where appropriate, in other languages, in writing and shall contain the following particulars:
(a) identification details of the manufacturer or his authorised representative (name and surname, business name, permanent address, place of business and identification number of the natural person or business name, registered office and legal entity identification number; the identification number shall be indicated if assigned),
(b) identification details of the importer (name and surname and, where applicable, business name, permanent residence, place of business and identification number of the natural person or business name, registered office and legal entity identification number; the identification number shall be indicated if assigned),
(c) serial number, year of manufacture;
(d) description and function of the recreational vessel or its selected part (intended purpose of use), other information necessary for the safe use of these products in accordance with the intended purpose of use;
(e) a reference to a harmonised technical standard (Section 4a of the Law) or to another technical standard and technical regulation (Section 3 (1) of the Law) used in assessing the conformity of a recreational vessel or its selected part, or a reference to a technical document (Section 3 (2) of the Law);
(f) details of the conformity assessment procedure chosen,
(g) identification details of the authorised person (company, registered office and legal person identification number) and reference to the relevant EC type-examination certificate issued by the authorised person, if such EC certificate exists;
(h) identification details of the person empowered to sign the manufacturer or his authorised representative or importer;
(i) a declaration by the manufacturer or his authorised representative or importer that the characteristics of the recreational vessel or its selected parts comply with the essential technical requirements for these specified products pursuant to Article 3, the requirements of harmonised Czech technical standards and, where appropriate, other technical standards, that the specified product is safe under normal or intended use conditions;
(j) the date and place of issue of the EC declaration of conformity, the name of the responsible person of the manufacturer or his authorised representative or importer and his signature.
(2) The EC declaration of conformity must be supplied together with the recreational vessel or its selected parts and copies of it must be attached to the user's manual (point 2.5 of Annex 1 to this Regulation).
(3) A declaration that a partially constructed recreational craft is intended to be completed by another manufacturer and that it complies with the essential technical requirements applicable to a developed recreational craft shall be drawn up in the Czech language and, where appropriate, in other languages, in writing and shall contain the following particulars:
(a) identification details of the manufacturer (name and surname, business name, permanent address, place of business and identification number of the natural person or business name, registered office and legal entity identification number; the identification number shall be indicated if assigned),
(b) identification details of the authorised representative or importer (name and surname, business name, permanent address, place of business and identification number of the natural person or business name, registered address and legal entity identification number; the identification number shall be indicated if assigned),
(c) identification of the partially constructed recreational craft (name, type, series, serial number, year of manufacture),
(d) description and function of the partially-constructed recreational vessel (intended purpose of use), other information necessary for the safe use of the partially-constructed recreational vessel in accordance with the intended purpose of use;
(e) a declaration by the manufacturer or his authorised representative or importer that the partially constructed recreational craft is intended to be completed by another manufacturer and that it complies with the essential technical requirements applicable to the state of development of the recreational craft;
(f) the date and place of issue of the declaration referred to in (d), the name of the responsible person of the manufacturer or his authorised representative or importer and his signature.
Transitional provision
Documents issued under existing legislation may be used as evidence for conformity assessment under this Regulation. Where such documents are limited in time, they shall be valid for the period specified therein, unless at that time the facts in which they were issued have changed.
Repeal
Government Decree No 234 / 2001 Coll., laying down technical requirements for recreational craft and certain parts thereof, is hereby repealed.
Efficacy
This Regulation shall enter into force on the date of the entry into force of the Treaty of Accession of the Czech Republic to the European Union.
Prime Minister:
PhDr. Špidla v. r.
Minister for Transport:
Ing. Šimonovský v. r.
Příloha č. 1
Annex No. 1 to Government Decree No. 270 / 2003 Coll.
Basic technical requirements for specified products
1. GENERAL
1.1. Design category of recreational craft
The design categories of recreational craft for the purposes of this Regulation shall be determined by the Government in accordance with Tab. 1 and point 1.2.
Table 1
Design categories of specified products - recreational craft
| Konstrukční kategorie rekreačního plavidla | Síla větru (Beaufortova stupnice) | Určující výška vlny (H 1/3, m) |
|---|---|---|
| A „oceánská“ | převyšující 8 | převyšující 4 m |
| B „mořská“ | do 8 včetně | do 4 m včetně |
| C „příbřežní“ | do 6 včetně | do 2 m včetně |
| D „chráněných vod“ | do 4 včetně | do 0,5 m včetně |
1.2 Definition of design categories of recreational craft
The design categories of recreational craft shall be defined for the purposes of this Regulation as follows:
A. OCEAN: Vacation vessels designed for sea navigation without limitation, where the wind force may exceed 8 (Beaufort scale) and the determining wave height may exceed 4 m and the vessels are as self-sufficient as possible.
B. SEA: Vacation vessels designed for maritime navigation with a limit of 200 nautical miles from the shore line of land or coast determined by the mean tidal height, where a wind force of 8 inclusive and determining the wave height of up to and including 4 m can be expected.
C. INSTRUMENT: Recruitment vessels designed for inland waterway and sea navigation with a limit of 3 nautical miles from the shore line of land or coast determined by the mean tidal height, where a wind force of 6 inclusive and determining the wave height up to and including 2 m can be expected.
D. PROTECTED VOD: Vacation craft designed for navigation on inland waterways, where wind force reaching level 4 inclusive and determining wave height up to 0,5 m can be expected
1.3. Basic provisions
1.3.1. A recreational vessel shall not endanger the safety and health of persons, property and the environment, shall comply with the requirements laid down in this Annex which apply to it, and shall be designed and constructed in accordance with good shipbuilding, engineering and electrical (hereinafter referred to as "good practice ') practice in such a way as to withstand those parameters of the relevant design category referred to in point 1.1, which apply in particular to that design category in terms of design safety, stability, flotation, good manoeuvrability and performance under this Annex. A solution complying with the requirements of the harmonised technical standard, technical standard, technical regulation, rules recognised or mandated classification organisations and companies, or other solutions supported by technical documentation, may be recognised as complying with the requirements of good practice.
1.3.2. A partially constructed recreational craft and selected parts of a recreational craft shall comply with the requirements of this Annex which apply to them.
2. GENERAL REQUIREMENTS
2.1. Hull identification
Each recreational vessel (hereinafter referred to as "the vessel ') shall bear a hull identification number, including the following information:
(a) the manufacturer's code;
(b) the country of manufacture;
(c) the specific serial number;
(d) the year of manufacture;
(e) the year of the model.
Detailed information on these requirements is given in the harmonised Czech technical standard ČSN EN ISO 10087 (32 1020) "Small vessels - Identification of hull - Code system '. The manufacturer's code corresponding to this standard shall be assigned by the authorised person.
2.2. Product label
Each vessel shall have a product label permanently affixed separately from the torso identification number bearing the following information:
(a) the manufacturer's designation;
(b) the CE marking,
(c) the design category referred to in paragraph 1.1 of this Annex;
(d) the highest load recommended by the manufacturer in accordance with paragraph 3.6;
(e) the number of persons recommended by the manufacturer for the transport of which the vessel is designed.
2.3. Protection against overboard fall and means of re-entry
Depending on the design category, the vessel shall be designed in such a way as to minimise the risk of overtaking and facilitate the re-entry onto the vessel.
2.4. View from the main control station
In the case of a motor vessel, the master control position of the vessel shall provide a good versatile view to the helmsman in normal sailing conditions (speed and load of the vessel).
2.5. User manual
Each vessel and the part of the vessel selected separately placed on the market shall be equipped with a user manual (hereinafter referred to as "the manual ') in the Czech language or in other languages required. This manual shall be drawn up with particular regard to the risk of fire, flooding, damage to the vessel and personal injury, and shall include in particular the main dimensions and parameters of the vessel, the description of the vessel within the scope of Chapters 2 to 5, the operating instructions, the requirements for operation, maintenance, repairs, information referred to in points 2.1, 2.2, 3.6 and 4. The manual shall be accompanied by the necessary drawings. The handbook shall be accompanied by a copy of the EC declaration of conformity within the meaning of this Government Regulation. Selected parts of the vessel separately placed on the market shall be subject to the user manual execution requirements mutatis mutandis. Detailed requirements for the manual are laid down in harmonised Czech technical standard ČSN EN ISO 10240 (32 0021) Small vessels - User manual.
3. REQUIREMENTS FOR COMPATIBILITY AND CONSTRUCTION
3.1. Construction
The selection of the materials of the vessel and its construction shall ensure that the vessel is sufficiently firm from all aspects. Special attention shall be given to the design category referred to in Chapter 1 of this Annex and to the highest load recommended by the manufacturer in accordance with paragraph 3.6.
3.2. Vessel stability and free flank
The vessel shall have sufficient stability and free flank corresponding to its design category in accordance with Chapter 1 of this Annex and the highest load recommended by the manufacturer in accordance with paragraph 3.6.
3.3. Float
3.3.1. The vessel shall be so designed as to ensure the characteristics of the flotation corresponding to the design category referred to in Chapter 1 of this Annex and the highest load recommended by the manufacturer in accordance with paragraph 3.6. The living multi-hull vessel shall be designed in such a way that it has sufficient floating capacity to maintain itself at both surface and inverted positions.
3.3.2. A vessel with a hull length of less than 6 metres, which, depending on its design category, is vulnerable to flooding, shall have a sufficient load of floating capacity to avoid sinking during flooding.
3.4. Hull, deck and superstructure openings
3.4.1. The openings in the hull, deck (s) and superstructure shall not interfere with the integrity of the structure of the vessel and, if closed, shall ensure tightness against the external environment.
3.4.2. Windows, skylights, doors and hatch hatches must withstand the water pressure likely to be exposed to in their specific position, as well as the local load caused by the weight of persons moving on board.
3.4.3. The water flow armatures inside or out of the hull placed under the waterline which corresponds to the highest load recommended by the manufacturer in paragraph 3.6 shall be fitted with readily accessible seals.
3.5. Heating
The vessel shall be designed to minimise the risk of sinking. Where necessary, particular attention shall be paid to:
(a) cockpit and sinks which must be self-draining or have other means to prevent water entering the vessel;
(b) the closure of the ventilation device;
(c) the removal of water by pumps or other means.
3.6. Highest load recommended by the manufacturer
The maximum load recommended by the manufacturer (fuel, water, supplies, various equipment and number of persons) (in kilograms) for which the vessel is constructed, as indicated on the product label, shall correspond to the design category (point 1.1 of this Annex), the stability of the vessel and the free side (point 3.2) and the flotation (point 3.3).
3.7. Storage of life-raft
Vessel of oceanic design category A and marine design category B all hull lengths and vessel of offshore design category C and design category of protected waters D with a hull length exceeding 6 metres shall have one or more seating positions of a life raft large enough to carry the number of persons recommended by the manufacturer for which the vessel is designed. This space for storing the raft must always be easily accessible.
3.8. Escape Path
A resident multi-hull vessel with a hull length above 12 metres shall be able to escape easily in the event of a rollover.
Each residential vessel shall have easy escape possibilities in the event of a fire.
3.9. Anchor, tether and towing
Each vessel, taking into account its design category and its characteristics, shall have one or more fixed positions or other means capable of being safely maintained by the forces applied to the anchorage, tether and towing of the vessel.
4. MANAGEMENT
The manufacturer shall ensure that the manoeuvrability of the vessel is satisfactory to the most powerful engine for which the vessel is designed.
For all recreational craft engines, the rated engine power shall be specified in the user manual.
5. REQUIREMENTS FOR INSTITUTIONS
5.1. Engines and motor spaces
5.1.1. Built-in engines
All built-in engines shall be located in a enclosed space separated from the living space and installed in such a way as to minimise the risk of fire or fire spread and also the risk of toxic fumes, heat, noise or vibrations in the living space.
Engine components and accessories which require frequent inspection and / or maintenance shall be readily accessible.
The insulation materials inside the engine compartment shall be non-flammable.
5.1.2. Ventilation
The engine compartment shall be ventilable. The dangerous entry of water through the inlet vents into the engine compartment shall be prevented.
5.1.3. Unprotected parts
If the engine is not protected by cover or by its own location, the protruding and moving unprotected or hot parts of the engine that may cause injury to persons shall be effectively covered.
5.1.4. Start of trailer engine
The trailer shall have a device to prevent the start of the laden engine, except for the engine:
(a) with a static stroke of up to 500 N;
(b) equipped with a device limiting static thrust up to 500 N at start.
5.2. Fuel System
5.2.1. General
Fuel systems and installation for filling, storage, ventilation and supply of fuel shall be so designed and installed as to minimise the risk of fire and explosion.
5.2.2. Fuel tanks
Fuel tanks, pipes and hoses shall be fixed and separated or protected from any source of excessive heat. The material from which the tanks are produced and the technology of their production shall correspond to the volume of the tanks and the type of fuel. All spaces of fuel tanks shall be ventilated.
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Regulation Information
| Citation | Government Decree No. 270 / 2003 Coll., laying down technical requirements for recreational craft, partially manufactured recreational craft and their selected parts |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.08.2003 |
|---|---|
| Effective from | 01.05.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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