Decree No. 333 / 2008 Coll.
Decree amending Decree of the Ministry of Transport No. 224 / 1995 Coll., on the competence of persons to manage and operate vessels, as amended by Decree No. 295 / 2005 Coll.
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Effective from 10.09.2008
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10.09.2008
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333
DECLARATION
of 22 August 2008
amending Decree No. 224 / 1995 of the Ministry of Transport Coll., on the eligibility of persons to conduct and operate vessels, as amended by Decree No. 295 / 2005 Coll.
The Ministry of Transport provides pursuant to § 52 of Act No. 114 / 1995 Coll., on Inland Navigation, as amended by Act No. 358 / 1999 Coll. and Act No. 118 / 2004 Coll., for implementation of § 24 paragraphs 1 and 2 and § 25 paragraphs 1 and 5:
Decree No. 224 / 1995 Coll., on the competence of persons to lead and operate vessels, as amended by Decree No. 295 / 2005 Coll., is amended as follows:
1. in Article 1 (b) (1) and (2), the words "own load" are replaced by the words "authorised load."
2. In Article 1 (b) (4), "from 'is replaced by" above' and "up to 20 kW 'is deleted.
3. in Paragraph 1 (b), point 5 is deleted;
Points 6 to 8 shall be renumbered 5 to 7.
4. In Article 1 (b) (6), "from 'is replaced by" over' and "up to 20 m2 'is deleted.
5. in Article 1 (b), point 7 is deleted;
6. in Paragraph 2 (1) (b), the words "own load" are replaced by the words "authorised load."
7. In Paragraph 2 (1), the words "unless otherwise specified 'shall be added at the end of the text of point (d).
8. In Article 2 (2), the second word "or 'is replaced by a comma and at the end of the text of the paragraph the words" or the leader of a vessel flying by radar and being fit for health' are added.
9.
Operation of the qualified crew vessel
(1) On vessels for which a multi-crew is designated when the certificate is issued, crew members must hold a licence.
(2) The minimum number and composition of the crew members of the vessel shall be determined when issuing a certificate of the vessel or a special permit for navigation, taking into account the type and size of the vessel, its operation, the degree of mechanisation and automation of its control equipment and the nature of the waterway.
(3) A floating machine at work may be operated by a person with a master's licence of the corresponding type and class of waterway. This person must at the same time hold a certificate of competence to work with a land-based machine which is part of a floating machine.
(4) A land-based machine placed on board may be operated by a person with a certificate of competence to operate on that machine without a driver's licence only under the supervision of a captain of the appropriate class. ';
10. in Article 4 (3), the words "in accordance with specific legislation governing the scope and conditions of the use of surface water for navigation4) ', including footnote 4, are deleted;
11. In Article 4 (4) (a), the words "Class I in the section České Budějovice (the confluence with the river Malš) - Týn nad Vltavou (km 205,0) and" and after the words "special purpose waterways" shall be inserted. "
12. in Paragraph 4 (4) (b), the words "self-propelled" and the words "transport-relevant classes and special-purpose waterways" shall be inserted after the words "small craft";
13. The following Section 5a and Article 5b are inserted after Section 5 under the heading "Required age, education, practice and test subjects for the acquisition of a ship's crew licence and a skipper (as referred to in Section 25 (5) of the Act) ':
Swim
(1) The required age and education of the lifeguard are:
(a) age: at least 15 years,
(b) education: a student of secondary education with a certificate, a field of education: orientation - shipping.
(2) A lifeguard may only carry out cabin work on board a vessel under the supervision of a boatman.
Helicopter
(1) The required age and education of the auxiliary seafarer are:
(a) age: at least 16 years,
(b) education: basic.
(2) A seafarer may only carry out on-board work on board under the supervision of a skipper or a seafarer. "
14. in Article 6 (1), the words "I. 3." shall be deleted;
15. in Article 6 (1) (b):
"(b) degree of education: middle education with a certificate, field of education: orientation - shipping."
16. in Paragraph 6 (2), the words "I (3)" shall be deleted and, at the end of the text of the paragraph, the words "including the operation of the helm under the supervision of the captain and the maintenance of his responsibility" shall be added.
17. in Article 6 (3) (b), the words "under the supervision of the ship I.
18. in Article 6, paragraphs 4 and 5 are deleted;
19. The following Section 6a is inserted after Section 6:
Ship's engineer
(1) The required age, education, practice and competence of the ship's engineer are:
(a) age: at least 18 years,
(b) degree of education: secondary education with a certificate, field of education: orientation - shipping,
(c) practice: 12 months as a boatman.
(2) The ship's driver may operate machinery on board, except for work equipment on a floating machine, including rudder operation only under the supervision of the captain and with the responsibility of the captain.
(3) Relief from prescribed education may be granted provided that the tenderer has:
(a) completed basic education;
(b) practice on a self-propelled vessel of 24 months as a seaman. ';
20.
Helm
(1) The required helmsman practice is 30 months, of which 24 months as a boatman or a marine engineer.
(2) The helmsman may steer a self-propelled vessel without self-propelled, except for a sailboat, on waterways in the Czech Republic and on foreign inland waterways only with the responsibility of the captain for the operation of the vessel. '
21.
Captain
(1) The required age, experience and competence of Captain I. 3. are:
(a) age: at least 21 years,
(b) practice: at least 48 months on a self-propelled vessel, of which 24 months on waterways, which are of transport importance as a boatman, a shipbuilder or a helmsman,
(c) professional competence: knowledge of the subjects referred to in Annex 1 to this Decree, certified by examination under this Order.
(2) Captain I. (3) is authorised to conduct a craft with or without its own machinery, with the exception of a sailboat, without limitation of the displacement and power of the ship's machinery on waterways in the Czech Republic and on foreign inland waterways.
(3) The required experience and competence of Captain II shall be:
(a) practice: at least 36 months, of which 18 months of navigation on waterways which are of transport significance on a self-propelled vessel as a boatman, shipbuilder or helmsman,
(b) professional competence: knowledge of the subjects referred to in Annex 1 to this Decree, certified by examination under this Order.
(4) Captain II (3) is authorised to conduct a craft with or without its own propulsion, except for a sailboat, without limitation of the displacement and power of the ship's propulsion on waterways in the Czech Republic.
(5) The required experience and competence of Captain III.
(a) practice: at least 12 months on board a self-propelled vessel as a boatman, a shipbuilder or a helmsman on the waterway section for which it is authorised;
(b) professional competence: knowledge of the subjects referred to in Annex 1 to this Decree, certified by examination under this Order.
(6) Captain III (3) is authorised to conduct a craft with or without its own propulsion, except for a sailboat, without limitation of the displacement and power of the ship's propulsion on the sections of the waterways on which it has demonstrated experience in the management or steering of the vessel and are specified in the licence and in the waterways of others.
(7) The required age, experience and competence of Captain IV shall be:
(a) age: at least 18 years,
(b) practice: at least 6 months on a self-propelled vessel, with the exception of a small vessel on the waterway section for which it is authorised;
(c) professional competence: knowledge of the subjects referred to in Annex 1 to this Decree, certified by examination under this Order.
(8) Captain IV shall be authorised to conduct a craft with or without its own propulsion, with the exception of a sailboat, with a displacement of up to 300 m3 and a occupancy of not more than 60 passengers on the sections of the waterways on which it has demonstrated experience in the management or steering of the vessel and which are specified in the licence and in the waterways of the others. "
22. in Articles 9 (1) (b), 9 (3) (b) and 9 (5) (b), the words "completed" and "education" shall be deleted;
23. In Paragraph 9 (1) (c), the words "self-propelled craft under the supervision of ferryman I. 3." shall be replaced by the words "self-propelled vessels."
24. the words "Czech Republic" shall be added at the end of Paragraph 9 (2).
25. in Paragraph 9 (3) (c), the words "transport of a ship without its own machinery under the supervision of the ferryman II. 3." shall be replaced by the words "self-propelled or self-propelled vessels."
26. the words "the Czech Republic" shall be added at the end of Paragraph 9 (4).
27. in Article 9 (5) (c), the words "the transport of the ship under the supervision of the carrier III. 3. On the waterway, the special purpose vehicle" shall be replaced by the words "self-propelled craft without self-propelled."
28. In Article 9 (6), the words "water-borne or other waterways' are replaced by the words" waterways of the Czech Republic other than those of transport-relevant use '.
29. Sections 10 and 11, including the headings, read:
Leader of a small vessel
(1) The required age, education and competence of the leader of a small vessel are:
(a) age: at least 18 years for the management of a vessel as referred to in paragraphs 2 and 3, at least 16 years for the management of a vessel as referred to in paragraph 4;
(b) education: basic,
(c) professional competence: knowledge of the subjects referred to in Annex 1 to this Decree, certified by examination under this Order.
(2) The leader of a small vessel is entitled to keep small vessels on all waterways of the Czech Republic. By type of vessel, the following categories are distinguished:
(a) category M authorises the management of a small vessel without its own machinery and of vessels with its own machinery without a power limitation;
(b) category S authorises the conduct of a small vessel without its own propulsion and sailboat without the limitation of the total sail area.
(3) The leader of a small vessel shall be entitled to keep a small vessel not operated by a licensed waterway transport (1) (hereinafter referred to as "recreational craft ') in accordance with the categories referred to in paragraph 2.
(a) on foreign inland waterways where a small vessel leader's licence is recognised;
(b) in coastal marine waters on which the master's licence is recognised, within 0,75 nautical miles of land or coastal islands, up to 4 ° Beaufort scale, up to a wave height of 1,2 m per day.
(4) The leader of a small vessel shall be authorised to conduct a recreational craft, in accordance with the categories referred to in paragraph 2, with engine power limits up to 20 kW and the total sail area up to 20 m2.
(a) on all waterways of the Czech Republic,
(b) on foreign inland waterways where a small vessel leader's licence is recognised.
Engineer
(1) The required age, education, practice and competence of the first engineer shall be:
(a) age: at least 18 years,
(b) degree of education: secondary education with a certificate, field of education from the group "Engineering and engineering production,"
(c) practice: at least 9 months when working on a floating machine;
(d) professional competence: a certificate of competence for working with a land-based machine which is part of a floating machine and knowledge of the objects referred to in Annex 1 to this Decree certified by an examination in accordance with this decree.
(2) Driver I. tr. is entitled to operate a floating machine while working on all waterways of the Czech Republic.
(3) Relief from prescribed education may be granted provided that the tenderer has:
(a) completed basic education;
(b) practice for at least 18 months when working on a floating machine;
(c) the competence of a certificate of competence to work with a land-based machine which is part of a floating machine and the knowledge of the subjects referred to in Annex 1 to this decree, certified by an examination in accordance with this decree.
(4) The required age, education, practice and competence of the engineer II.
(a) age: at least 18 years,
(b) education: basic,
(c) practice: at least 6 months when working on a floating machine,
(d) professional competence: a certificate of competence for working with a land-based machine which is part of a floating machine and knowledge of the objects referred to in Annex 1 to this Decree certified by an examination in accordance with this decree.
(5) Driver II. Tř. is entitled to operate a floating machine while working on the waterways of the Czech Republic except for the roads of transport significant used.
(6) In order to conduct a floating machine during a voyage exceeding the working movements and the working movement of the machine over a short distance, it is necessary for the driver to hold a master's licence corresponding to the type of vessel and the waterway on which the floating machine moves. "
30. The following Section 11a is inserted after Section 11:
Master of the radar vessel
(1) The required experience and competence of the master of a radar vessel are:
(a) practice: on board as a leader of a vessel to be led by a master's licence of a radar-operated vessel;
(b) professional competence: knowledge of the subjects referred to in Annex 1 to this Decree, certified by examination under this Order.
(2) The master of a vessel flying by radar shall be entitled to conduct a vessel the conduct of which on specified waterways is entitled to a valid master's licence at reduced visibility. ';
31. in Article 12 (1), "§ 2 (1) and § 3 (1)" shall be replaced by "§ 2 (2) and § 3 (1)";
32. in Article 12 (2) (a), the words "persons operating" shall be replaced by the words "leader and crew member operating."
33. In Article 12, the following paragraph 3 is added:
"(3) A person under assessment may be recognised as unfit only if no defects, conditions or diseases (hereinafter referred to as" diseases ") have been detected during his medical examination, which prevent the safe performance of his or her activities or could cause harm to his or her health in the course of his or her activity. '
Article 13, including footnote 11, reads:
(1) Preventive medical examinations are
(a) an examination assessing the medical fitness of the applicant for a ship's crew licence and the skipper; the examination shall be carried out not earlier than 3 months before the start of the training or the application for a licence. The validity of this inspection shall be:
1. for the skipper, except for recreational craft, up to 50 years of age of the tenderer;
2. for the leader of a small vessel which is a recreational vessel and a crew member of a vessel under 65 years of age of candidate;
(b) a survey reassessing the medical fitness of the crew member and the skipper; The examination shall be carried out not earlier than 6 months before the expiry of the medical opinion and no later than:
1. on the date of completion of 50, 55, 60 and 65 years of age of the tenderer and thereafter annually for the skipper, except for the recreational craft;
2. prior to the completion of 65 years of age and then annually for the leader of a small vessel which is a recreational vessel and a member of the crew of the vessel,
(c) an emergency examination to check the medical fitness outside the date of the periodic examination.
(2) The emergency inspection referred to in paragraph 1 (c) shall be carried out on request
(a) navigation management where a crew member or a vessel leader:
1. Disposes, in the course of its activities, of deficiencies related to the state of health which may jeopardise the safety of navigation on the waterway or in the circumstances leading to a change in its medical capacity;
2. had direct participation in a navigational accident or, if requested by the authority responsible for examining an accident under special legislation12),
(b) the operator of the vessel (11) where the crew member of the vessel or the leader of the vessel:
1. Disposes, in the course of its activities, of health-related deficiencies which may jeopardise the safety of waterway navigation;
2. the performance of the activity shall take place after the interruption of the activity for which a medical assessment has been carried out for more than 6 months;
(c) the operator of the vessel, also in the circumstances of a change in the medical fitness of a member of the crew of the vessel or of the master of the vessel, in particular at the initiative of any medical practitioner, or before commencing the activity after a disease for which a change in medical fitness cannot be excluded or which is longer than 12 weeks.
11) § 103 (2) of Act No. 262 / 2006 Coll., Labour Code, as amended. '
35. in Article 14 (1), the words "diseases or diseases (hereinafter referred to as diseases)" shall be replaced by "diseases."
36. In Paragraph 14 (2), the words "initial inspection 'are replaced by the words" medical examination' and the words "which are not operated by licensed water transport1) are added at the end of the text.
37. in Article 14 (6) (a) (1), the words "operating non-licensed water transport" are replaced by the words "assessed pursuant to Article 12 (2) (b)."
38. in Paragraph 14 (6) (b) (2), the words "crew member of a vessel and leader of a vessel operating licensed water transport" shall be replaced by the words "leader of a vessel" and, at the end of the text, the words "assessed in accordance with paragraph 12 (2) (a)" shall be inserted after the words "crew member of a vessel."
39. Paragraph 14 (7) is deleted.
40. in Article 15 (2) (a), the words "initial inspection" shall be replaced by the words "examination assessing the medical fitness of the tenderer."
41. in Article 16 (2), the words "and service books" shall be deleted;
42. In Paragraph 16 (3), the first sentence is replaced by the following: "The test consists of a part of theoretical and practical. The test subjects and their contents are set out in Annex 1 to this Decree. ';
43. In Paragraph 16 (3), the last sentence is deleted.
44. In Article 16, at the end of paragraph 4, the sentence "The results of the candidate's examination shall be entered in the applicant's file."
45. In Article 16, at the end of the text of paragraph 5, the words "and for the skipper and crew of the vessel where previous experience on board is required 'shall be added.
46. in Paragraph 17 (1):
"(1) To the applicant who benefits from the test, the navigational management shall issue a licence to which the crew member is a service record. The skills of a lifeguard, auxiliary boatman, boatman, ship engineer and helmsman shall be recorded in the service record. The swimming service book shall record the professional and medical fitness and experience carried out on board. In order to demonstrate the medical fitness and experience carried out on board the vessel, the navigational service book may also be issued by the skipper at his request. ';
47. In Paragraph 18, the words "or drove a vessel under the influence of alcohol or other narcotic drugs," shall be inserted after the words "the continuity of navigation operations."
48. Article 19 shall be deleted;
49. In Annex 1, point (b) is replaced by the following: A is replaced by a comma at the end of point 2 and the following points (f) and (g) are added:
"(f) the marine formations, their connections and manoeuvres;
(g) manoeuvring by sailboat. ';
50. In Annex 1, point (b) is replaced by the following: A is replaced by a comma at the end of point 3 and the following point (f) is added:
"(f) marine electrical equipment and their maintenance.";
51. the following points (b) and (c) are inserted after point (a) of point 3:
"(b) classification of dangerous goods, classification codes,
(c) the hazard resolution and indications thereof, ';
Points (b) to (e) shall be renumbered (d) to (g).
52. In point 1, the words "defects, conditions and diseases (diseases) 'are replaced by the words" diseases'.
Transitional provision
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Regulation Information
| Citation | Decree No 333 / 2008 Coll., amending Decree of the Ministry of Transport No. 224 / 1995 Coll., on the eligibility of persons to lead and operate vessels, as amended by Decree No. 295 / 2005 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.09.2008 |
|---|---|
| Effective from | 10.09.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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