Decree No. 334 / 2015 Coll.
Ordinance on the register of small vessels and the technical competence of small vessels, ferries and floating equipment for use on waterways
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Order
Effective from 01.01.2016
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334
DECLARATION
of 7 December 2015
on the maintenance of a register of small vessels and the technical competence of small vessels, ferries and floating equipment for use on waterways
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., Act No. 118 / 2004 Coll., Act No. 309 / 2008 Coll. and Act No. 187 / 2014 Coll., for the implementation of § 9 (6), § 10 (2), (3), (7) and (9), § 11 (2), § 12 (4), § 13 (3), § 15a (7), § 18 (3), § 19 (1) and (3), § 23a (1) (c), § 24 (4):
INTRODUCTORY PROVISIONS
This decree provides
(a) the method of keeping records of small vessels in the register of small vessels;
(b) technical requirements for:
1. vessels whose volume, calculated as the product of length, width and dive, is less than 100 m3 and the length is less than 20 m, if by small vessels and floating gear; and
2. floating equipment not subject to registration, the volume of which is calculated as the product of length, width and draught of which is not less than 100 m3;
(c) 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;
(d) a more detailed breakdown of the types of vessels and their characteristics;
(e) the procedure for carrying out the technical inspection and its organisational security;
(f) the procedure for carrying out the periodic technical inspection, the follow-up or repair of the vessel and the follow-up and scope of the national surveillance;
(g) the model of the certificate of the vessel, the entries entered in it and its period of validity;
(h) model of the provisional certificate of the vessel;
(i) the particulars of the type-certificate of the vessel and the data recorded therein;
(j) the shipping documents by which the vessel must be equipped and the particulars recorded therein;
(k) vessels which may be operated on a waterway only under the condition of liability for damage to the operations of a vessel agreed by its operator and the extent and conditions of such insurance;
(l) vessels to be equipped with other equipment to ensure the safety of navigation and the types of such equipment;
(m) the number and professional composition of crew members; and
(n) the specific requirements and characteristics of the vessel.
More detailed breakdown of types of vessels and their characteristics
(K § 9 (6) of the Act)
(1) Small vessels are subdivided into:
(a) small self-propelled vessels;
(b) sailboats,
(c) small vessels not self-propelled;
(d) jet skis; and
(e) ferry ships.
(2) Sign
(a) a small self-propelled vessel is its main propulsion by an internal combustion engine, steam engine or electric motor installed on it;
(b) a small vessel which is a sailboat is the main propulsion by a wind force acting on a sail, a system of sails or similar equipment installed on it;
(c) a small vessel without its own propulsion is not equipped with the equipment referred to in (a) or (b);
(d) a small craft which is a jet ski is less than 4 m in length, powered by an engine with a hydroreactive system and operated by a person sitting, standing or kneeling on the hull of the vessel, not within it; and
(e) the transport ship is its construction or destination for the transport of persons, animals or goods on the ferry replacing the bridging via the waterway.
Sailing zones
(K § 10 (7) of the Act)
(1) The technical competence of the vessel is approved under this decree for the waterway navigation zones where, under normal climatic conditions, it is possible to expect
(a) wind speeds of not more than 8 m / s (4 ° according to the Beaufort scale) and the mean height of one third of the highest waves (hereinafter referred to as "significant wave height H1 / 3") up to 0,3 m, with isolated waves not exceeding 0,5 m;
(b) wind speeds not exceeding 14 m / s (6º according to the Beaufort scale) and significant wave height H1 / 3 to 2 m;
(c) a wind speed not exceeding 21 m / s (8 ° according to the Beaufort scale) and a significant wave height of H1 / 3 up to 4 m; or
d. Wind speed greater than 21 m / s (9 ° to 12 ° according to Beaufort scale) and significant wave height H1 / 3 above 4 m
(2) The inclusion of the waterways of the Czech Republic in each of the sailing zones referred to in paragraph 1 is set out in Annex 1 to this Decree.
_
Means of keeping records of small vessels
(K § 15a (7))
The information on small vessels shall be kept in the Register in electronic form from the date of registration until the date of expiry of five years from the date of deletion from the Register.
TECHNICAL REQUIREMENTS FOR VESSELS AND TECHNICAL INSTRUMENTS
Technical requirements for vessels
(K § 9 (6) of the Act)
(1) The technical requirements for vessels subject to registration referred to in § 1 (b) are set out in Annex 2 to this Decree.
(2) The structure and technical condition of a small vessel which is not subject to registration must at least comply with the requirements for the safety of persons, stability, flotation and controllability set out in Annex 2 to this Regulation. Where such a small vessel is used in a small sail1 hire or as rescue, the maximum number of persons authorised to be on board a vessel, as specified by the vessel manufacturer or by the navigational authority, shall be indicated in a visible place and shall be made as unsinkable.
(3) The design and technical condition of a floating equipment not subject to registration must at least comply with the requirements for the safety of persons, stability and flotation set out in Annex 2 to this Decree.
(4) Derogations from the provisions of Annex 2 to this Decree are possible for a small vessel which:
(a) is not a recreational craft or a jet ski and is not used for the carriage of passengers when operating water services for hire or reward; or
(b) the manufacturer is designated and designated exclusively for racing or training.
(5) The application of the derogations referred to in paragraph 4 shall not jeopardise the safety of navigation operations and the protection of human and environmental life and health. The derogations referred to in paragraph 4 may not be applied in the case of specified exhaust emission limits.
(1) A vessel whose design, construction, construction or modification has satisfied in whole or in part the requirements set out in harmonised standard (2), to which the reference is published in the Official Journal of the European Union, or set out in harmonised or designated standard (2), to which the reference is published in the Bulletin of the Office for Technical Standardisation, Metrology and State Testing, meets the requirements of this decree for those parts or equipment to which the relevant standard or part of it applies.
(2) If the standards referred to in paragraph 1 are not used in the design, construction, construction and construction of the vessel or the production of its part or equipment, compliance with the requirements set out in this Order may also be demonstrated by other means, in particular by other evidence of conformity, calculation or evidence of an authorised person of the test carried out.
(3) A vessel not covered by a government regulation on recreational craft and jet scooters may, in the light of the progress and development of technical knowledge, use technical solutions other than those listed in Annex 2 to that decree, providing an equal or higher level of safety and health protection for persons, property and the environment.
(4) The technical requirements set out in Annex 2 to this Regulation do not apply to vessels manufactured or marketed in a Member State of the European Union, to 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 the environment, health and life of humans and animals as observed in Annex 2 to this Decree.
Voluntary submission to the requirements of ES- TRIN
(1) The technical requirements for vessels, their equipment and equipment laid down in this Decree are not applicable to the operation of vessels if the vessel complies with the technical requirements laid down in the European standard setting out technical requirements for inland vessels ES- TRIN and the application indicates a requirement for the issue of a Union5 certificate). The technical standard referred to in the previous sentence shall be made publicly available in a way that allows remote access.
(2) Compliance with the conditions of technical competence referred to in paragraph 1 shall be verified by a panel of experts established in accordance with the legislation governing technical requirements for vessels not subject to this Decision (6).
(3) When carrying out a technical inspection, periodic inspection and technical inspection following the modification or repair of a vessel, the verification of compliance with the conditions of technical competence referred to in paragraph 1 shall be carried out mutatis mutandis under the legislation governing the technical requirements for vessels not subject to this Declation6).
(4) A Union certificate shall be issued to a vessel for which the conditions of technical competence referred to in paragraph 1 have been verified in accordance with the legislation governing technical requirements for vessels not covered by this Declation6). Paragraph 13 shall apply mutatis mutandis to determine the period of validity of the Union certificate.
Technical examinations
(Articles 10 (11) and 10b (6) of the Act)
(1) A technical inspection of a vessel for which no EU declaration of conformity has been issued and no CE marking has been affixed under the Government Regulation on pleasure craft and watercraft, or for which a vessel type certificate has not been issued, includes:
(a) the assessment of the dossier referred to in Annex 5 to this Decree;
(b) inspections and tests during the construction of a single vessel or type of vessel;
(c) inspection of the vessel on land or on water; and
(d) a test voyage.
(2) The assessment of the documentation shall be carried out before the start of the construction of the vessel to verify that the design of the vessel complies with the technical requirements for the safety and health of persons, property and the environment laid down in this decree.
(3) For inspection or testing in the course of the construction referred to in paragraph 1 (b). (b) in particular the parts of the vessel which, when completed, are completely inaccessible or difficult to access.
(4) A dry-land inspection shall be carried out before the first approval of the vessel's competence or after repair or modification of the support part of the vessel's hull, propulsion or steering gear.
(5) The test navigation shall verify the ability, stability or capability of the vessel to perform basic maneuvers.
(6) For equipment and equipment which requires professional installation or revision by a competent person, valid evidence of professional assembly or revision shall be provided during the technical inspection.
(7) Similarly, a technical inspection shall be carried out after adjustment or repair affecting the structure of the vessel.
(1) During a technical inspection of the vessel, the navigational authority
(a) check that it is introduced in a state enabling the whole vessel to be checked, including parts and appliances normally covered;
(b) check the conformity of the identification data on board and in the documents submitted with the vessel;
(c) check the validity of evidence of professional installation or revision of the equipment for which they are required;
(d) carry out a check of compliance with the technical requirements set out in Annex 2 to this Decree.
(2) A record of the technical inspection carried out and the result thereof shall be made by the navigating office indicating the date and place of the inspection of the vessel, the basic details of the vessel and its operator, the result of the inspection and, where appropriate, the defects detected.
(1) The technical inspection of a recreational vessel or a waterjet for which an EU declaration of conformity has been issued and bearing the CE marking pursuant to the Government Regulation on pleasure craft and watercraft shall be carried out in accordance with Section 7 (1) (c) to a limited extent, including the inspection of the identification number of the small vessel's hull and the vessel manufacturer's label, the data identifying the propulsion engine and the check of compliance with the requirements set out in Part 7 of Annex 2 to this Regulation.
(2) Paragraph 1 shall apply mutatis mutandis to a series-produced small vessel for which a type-certificate has been issued by the manufacturer.
(3) The technical inspection of the vessel referred to in Article 6 (4) shall be carried out within the scope of Article 7 (1) (c) and (d).
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) A regular technical inspection, a follow-up or repair of the vessel and an inspection following the exercise of State surveillance shall include a survey of the vessel on land or on water. If there are doubts as to the continuing ability, stability or ability of the vessel to perform basic maneuvers, a test voyage shall be carried out. Article 8 shall apply mutatis mutandis when carrying out inspections.
(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 to verify compliance with the conditions of technical competence relating to the parts of the vessel which have been modified or repaired. 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.
Time of recognition of roadworthiness tests carried out by another State
(Paragraph 10a (2) of the Law)
A technical inspection carried out by another State shall not be recognised if more than 5 years have elapsed since its implementation.
Model of vessel certificate
(Articles 10 (6) and 11 (2))
The model of the certificate of the vessel is set out in Annex 3. The model of the provisional certificate of the vessel is set out in Annex 4.
Type of small mass-produced vessel
When verifying compliance with the technical requirements for the safety of operations of a type of mass-produced small vessel not covered by the Government Decree on recreational craft and watercraft, the technical inspection referred to in Article 7 shall be carried out on a vessel representing a sample of the planned series production.
Forms of vessel type certificate
(K § 12 (4))
(1) The manufacturer's type-certificate shall be drawn up in three numbered copies, two of which shall be attached to the vessel for the use of the vessel user, one of which shall remain stowed with the vessel manufacturer. In the case of a vessel equipped with an internal combustion engine, the type-certificate shall include a declaration of conformity in accordance with the Government Regulation on pleasure craft and water scooters for the installed engine and instructions for the operation and maintenance of the vessel and equipment installed on board. The type-certificate shall be signed by the manufacturer and dated.
(2) The vessel type certificate shall contain:
(a) the name and address of the registered office or the name or, where applicable, the name, surname and delivery address of the manufacturer;
(b) the date of issue of the certificate of type of vessel and the reference number under which it was issued;
(c) basic data on the vessel:
1. the species, type and hull identification number of the vessel;
2. the category of vessel according to the navigation zone for which the vessel is designed and intended;
3. hull structure and material;
4. length, width, lateral height, free side, safety distance,
5. maximum allowable draught and maximum height above the surface;
6. displacement corresponding to the maximum permissible load,
7. maximum permissible load,
8. the largest authorised number of persons,
9. type of propulsion,
10. in the case of machinery, the number of machines, type, year of manufacture, serial number or numbers, performance, type of rolling stock,
11. in the case of sails, the area of the basic sails and the total largest area of sails for which the vessel is designed;
(d) the manufacturer's declaration that the vessel conforms to the approved type and that the approved production procedures have been followed during its manufacture;
(e) an overview of the technical standards used in the design, construction and manufacture of the vessel.
Validity of the vessel certificate
(Articles 10 (5) and 10b (1) of the Law)
(1) The validity of the certificate of the vessel is:
(a) 10 years for a small vessel which is not authorised to carry passengers in the course of the operation of water transport for hire or reward and floating equipment, unless otherwise specified;
(b) 5 years for a ferry ship, a small vessel approved for the carriage of passengers in the course of the operation of water transport for hire or reward and a historical vessel re-put into service or a new copy thereof.
(2) Where a vessel referred to in paragraph 1 (a) has been put into service before the application for technical suitability has been submitted, the period of validity of the certificate of the vessel shall be as a difference between 10 years and that which has elapsed since its entry into service but at least 5 years.
(3) The validity of a vessel certificate shall be extended for certificates of vessels referred to in paragraph 1 for a maximum period of 5 years.
SHIPS, INSURANCE AND VESSELS
Equipment of vessels by ship's lists
(Paragraph 18 (3))
(1) Vessels subject to registration must be equipped with lists of:
(a) the certificate of the vessel;
(b) the crew list and the list of passengers present on board for more than 24 hours when the vessel is operated by water for hire or reward;
(c) 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;
(d) the steam boiler revision book and the pressure vessel revision book, if these equipment are installed on board;
(e) other instruments.
(2) The other instruments are evidence of professional installation and revision of equipment installed on board, such as designated technical equipment or fire protection equipment and fire safety equipment.
(3) For floating equipment intended for long-term residence of persons, the documents on board shall be at least for the duration of the stay of persons on board.
(4) A vessel subject to registration which does not have a valid certificate of the vessel must be equipped with a provisional certificate or authorisation to place the vessel on a waterway.
(5) 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.
(6) 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.
Vessels operated under liability for damage to the ship's operations and scope and conditions of insurance
(Paragraph 19 (1) and (3))
(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 small vessel carrying out water transport for hire or reward;
(b) a transport ship intended for the carriage of up to 12 passengers.
(2) The minimum level of insurance premiums for which liability insurance from the operations of the vessel referred to in paragraph 1 must be agreed shall be:
(a) CZK 250,000 for small vessels with a maximum displacement of not more than 10 tonnes;
(b) 500 000 CZK for small vessels with maximum displacement over 10 tonnes.
(3) The liability insurance of the vessel's operations shall be agreed on the following risks:
(a) injury caused by injury or death, including the reimbursement of costs incurred in respect of care borne by public health insurance and, where appropriate, regressive claims;
(b) damage to the damage, destruction or loss of the cause, the cost of care of the injured animal effectively incurred;
(c) income forgone;
(d) effectively incurred costs associated with legal representation in the application of claims under points (a) to (c);
(e) the costs of the Fire Department of the Czech Republic or of the unit of the voluntary fire department of the municipality proven to be incurred in the event of an emergency.
Number and professional composition of the vessel's crew
(K § 24 (4))
(1) The minimum number of crew members of a small vessel or a ferry ship intended to carry a maximum of 12 passengers is 1 person competent to carry such a vessel.
(2) The master of the vessel and at least one person capable of carrying out cabin work under the supervision of the master of the vessel shall be on board:
(a) whose length is 15 m or more; or
(b) with a sail area of 80 m2 or more.
(3) The provisions of paragraph 1 and paragraph 2 (a) also apply to the carriage of floating equipment subject to registration with a length of less than 20 m. This shall not apply to the carriage of vessels in a side-bound assembly, except for the vessel which leads the assembly, on which the person or persons referred to in paragraph 2 must be.
TRANSITIONAL AND FINAL PROVISIONS
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Regulation Information
| Citation | Decree No. 334 / 2015 Coll., on the register of small vessels and the technical competence of small vessels, ferries and floating equipment for use on waterways |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.12.2015 |
|---|---|
| Effective from | 01.01.2016 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Transport
Administrative law
The regulation text is for informational purposes only.
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