What is Act No. 372 / 2022 Coll.?

Act No. 372 / 2022 Coll., amending Act No. 114 / 1995 Coll., on Inland Navigation, as amended, and other related laws — Act amending Act No. 114 / 1995 Coll., on Inland Navigation, as amended, and other related laws.

When it became Act No. 372 / 2022 Coll. effectiveness?

Act No. 372 / 2022 Coll. became effective 01.03.2023.

Is Act No. 372 / 2022 Coll. still valid?

Yes, Act No. 372 / 2022 Coll. is still valid and effective.

Act No. 372 / 2022 Coll.

Act amending Act No. 114 / 1995 Coll., on Inland Navigation, as amended, and other related laws

Valid Law Effective from 01.03.2023

ČÁST PRVNÍ Čl. I „§ 24a § 24b § 24c § 24d § 24e § 24f § 24g § 24h § 24i § 24j § 24k § 24l § 24m § 24n § 24o § 24p § 24q § 24r § 24s § 24t § 24u § 24v § 24w § 24x § 24y § 24z „§ 25 § 25a § 25b „§ 25c „§ 26 „§ 26a § 26b § 26c § 26d § 26e § 26f § 26g § 26h § 26i § 26j § 26k „§ 27 „§ 27a Čl. II ČÁST DRUHÁ Čl. III ČÁST TŘETÍ Čl. IV ČÁST ČTVRTÁ Čl. V

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372

THE LAW

of 3 November 2022

amending Act No. 114 / 1995 Coll., on Inland Navigation, as amended, and other related laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment to the Inland Navigation Act

Čl. I

Act No. 114 / 1995 Coll., on Inland Navigation, as amended by Act No. 358 / 1999 Coll., Act No. 254 / 2001 Coll., Act No. 320 / 2002 Coll., Act No. 118 / 2004 Coll., Act No. 309 / 2008 Coll., Act No. 227 / 2009 Coll., Act No. 187 / 2014 Coll., Act No. 250 / 2014 Coll., Act No. 183 / 2017 Coll., Act No. 225 / 2017 Coll., Act No. 292 / 2017 Coll., Act No. 135 / 2019 Coll., Act No. 44 / 2020 Coll., Act No. 261 / 2021 Coll.

1. In footnote 1, the sentence "Council Directive 91 / 672 / EC of 16 December 1991 on the mutual recognition of national vessel leaders' certificates for the carriage of goods and passengers by inland waterway. Council Directive 96 / 50 / EC of 23 July 1996 on the harmonisation of the conditions for obtaining national vessel leaders' certificates for the carriage of goods and passengers on inland waterways in the Community. ';

2. At the end of footnote 1, the sentence "Directive (EU) 2017 / 2397 of the European Parliament and of the Council of 12 December 2017 on the recognition of professional qualifications in inland navigation and repealing Council Directives 91 / 672 / EEC and 96 / 50 / EC shall be added to separate rows. Commission Delegated Directive (EU) 2020 / 12 of 2 August 2019 supplementing Directive (EU) 2017 / 2397 of the European Parliament and of the Council with regard to standards of competence and adequate knowledge and skills, standards for practical tests and for the approval of simulators and standards of medical fitness. Directive (EU) 2021 / 1233 of the European Parliament and of the Council of 14 July 2021 amending Directive (EU) 2017 / 2397 as regards transitional arrangements for the recognition of third country certificates. ';

3. At the end of footnote 2, the sentence "Commission Delegated Regulation (EU) 2020 / 473 of 20 January 2020 supplementing Directive (EU) 2017 / 2397 of the European Parliament and of the Council as regards standards for Union databases for qualification certificates, navigational service books and logbooks is added to the separate line. '.

4. In Section 8 (1) of the introductory part of the provision, the words "and is eligible to lead 'are deleted.

5. in Article 10 (4) (d) and (e), including footnote 27:

"(d) does not carry out the production, import, sale, modification or repair of vessels, does not operate water transport or is not organised, staffed or financially linked to a person carrying out any of these activities; and

(e) holds a valid accreditation certificate under the law governing technical requirements for products27) for carrying out roadworthiness tests according to the relevant technical standards.

27) Paragraph 16 (1) of Act No. 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain laws, as amended. "

6. Paragraph 18 (2), including footnote 28, reads:

"(2) The master of the vessel shall be obliged to record in the logbook the details of the vessel and persons present on the vessel; if the vessel referred to in § 24a (1) is a ship's logbook issued by the navigational authority or by another State referred to in § 24a (3) (b) to (e) in which its leader is obliged to record data in accordance with the instructions set out in the directly applicable European Union regulation governing models for professional qualifications in inland voyages (28). The logbook shall be issued by the navigational authority, if requested by the vessel operator, in accordance with the model established by this directly applicable European Union regulation. The operator of the vessel shall ensure that a single logbook is kept for the vessel.

28) Commission Implementing Regulation (EU) 2020 / 182 of 14 January 2020 on models for professional qualifications in inland navigation. ';

7. in Paragraph 18, the following paragraph 3 is inserted after paragraph 2:

"(3) The operator or leader of the vessel shall, at the request of the sailing authority, the authority of the Police of the Czech Republic or the authority of the Customs Administration of the Czech Republic, submit the shipping documents to those authorities."

Paragraph 3 shall become paragraph 4.

8. The heading above Section 24 is deleted.

9. The heading "Crew of a vessel 'is inserted under the heading of Section 24.

10.Paragraph 24 (1) reads as follows:

"(1) The crew of the vessel shall consist of its members at each level of operation of the vessel. By crew member of the vessel:

(a) the management level shall be the master of the vessel;

(b) the operational level shall be the helmsman, the qualified seaman and the seafarer; and

11. in the first sentence of Article 24 (2), the words "Vessels must have crew" shall be replaced by the words "The operator of the vessel is obliged to provide crew service."

12. In the second sentence of Paragraph 24 (3), the words' the master of the vessel or 'shall be deleted.

13. in Paragraph 24 (4), the first sentence is deleted;

14. In Article 24 (4), the words ", the activities carried out by them on board the vessel and the method of determining the leader of the vessel assembly 'shall be inserted after the words" vessels'.

15. The following Sections 24a to 24z are inserted after Section 24, including the headings and footnotes 29 and 30:

„§ 24a

Approval to perform the duties of crew member of the vessel

(1) Only a person authorised to do so may perform the duties of a crew member

(a) a ship which is not a recreational vessel;

(b) a small vessel which is not a recreational vessel and whose volume, calculated as the product of length, width and draught, is at least 100 m3;

1. the towing or pushing of small vessels, the volume of which is calculated as the product of length, width and draught of at least 100 m3; or

2. the keeping of a side-bound assembly of small vessels referred to in point 1;

(d) a vessel which is subject to approval under an international agreement governing the transport of dangerous goods by inland waterway which is part of the legal order (19); or

(e) a floating machine.

(2) The authorisation to perform the duties of a crew member of a vessel shall be full or narrow.

(3) Full authorisation to perform the duties of a crew member allows the performance of this function on a waterway

(a) the Czech Republic,

(b) another Member State of the European Union;

(d) a State Party to the Revised Convention for the Navigation of the Rhine; or

(e) a State whose certificate of qualification as a crew member of a vessel is recognised in accordance with a Commission Regulation.

(4) The restricted authorisation to perform the duties of a crew member of a vessel shall allow the performance of that function only to:

(a) vessels operating on the waterways of the Czech Republic not linked to the waterways of another Member State of the European Union;

(b) a military vessel (29) operating on the waterways of the Czech Republic or a vessel operating on that waterway by means of an integrated rescue system, municipal police, navigational authority or waterway manager; and

(5) Full authorisation to perform the duties of a crew member of a vessel may be documented by:

(a) a European Union certificate of qualification as a crew member of a vessel issued for that function by the navigational authority;

(b) a European Union certificate of qualification as a crew member of a vessel issued for that function by another Member State of the European Union;

(c) a European Union certificate of qualification as a crew member of a vessel issued for this function by a Contracting State to the Agreement on the European Economic Area;

(d) a certificate of qualification as a crew member of a vessel which has been issued for this function under the Revised Convention for the Navigation of the Rhine by the State which is its Contracting Party; or

(e) a certificate of qualification as a crew member of a vessel issued for this function by another State, if that certificate is recognised in accordance with a Commission Regulation.

(6) The restricted authorisation to perform the duties of a crew member of a vessel may be supported by a valid licence issued for that function by the navigation authority.

(7) An authorisation to perform the duties of a crew member of a seagoing merchant ship registered in a maritime register or a register similar to that held by another State operating on the waterways of the Czech Republic, other than that of a ship commander, may also be supported by a valid licence supporting the authorisation to perform the duties of a crew member of such a ship which has been issued or recognised by the Ministry of Transport, by another Member State of the European Union or by a Contracting State of the Agreement on the European Economic Area.

(8) The master of a vessel referred to in paragraph 1, which operates by radar, uses liquefied natural gas as a fuel or ensures the movement of a pressurised assembly of vessels of at least 7 000 m2, may only be authorised by the master of the master of the vessel referred to in paragraph 1 to which a specific authorisation has been granted.

(9) Special authorisation to conduct a vessel

(a) sailing by radar or ensuring the movement of a pressurised assembly of vessels with a surface area of at least 7 000 m2 may be demonstrated by recording on the valid certificate of qualification of the master of the vessel referred to in paragraph 5 or on the valid licence of the master of the vessel referred to in paragraph 6; or

(b) which uses liquefied natural gas as fuel may be demonstrated by a valid certificate of qualification as a liquefied natural gas expert in accordance with Article 24n (4).

(10) A specific authorisation to conduct a seagoing commercial ship using liquefied natural gas as fuel registered in a maritime register or a register similar to that of a maritime register maintained by another State operating on the waterways of the Czech Republic may also be supported by a valid licence supporting the authorisation to perform the duties of a crew member of such a ship which has been issued or recognised by the Ministry of Transport, by another Member State of the European Union or by a Contracting State of the Agreement on the European Economic Area.

§ 24b

Full authorisation to perform the duties of crew member of the vessel

(1) Upon request, the sailing authority shall grant full authorisation to perform the duties of leader of a vessel to a natural person who is disabled, holds a valid licence for the use of radio equipment under the law governing electronic communications (30), successfully passed an examination of the practical skills of a crew member at the management level, reaching the age of 18; and

(a) have received training intended for a crew member at a management level of at least 3 years during or after which he has obtained experience in the operation of the vessel for a period of at least 360 days;

(b) holds a valid certificate in accordance with Section 24a (5), attaching an authorisation to perform the duties of helmsman, successfully passed an examination of the theoretical knowledge of the crew member at the management level and has experience in the operation of the vessel for at least 180 days;

(c) successfully passed the examination of the theoretical knowledge of the crew member at the control level and has experience in the operation of the vessel to the extent of at least:

1.540 days; or

2. 180 days, if they also have experience in the service of a seagoing merchant ship of at least 500 days; or

(d) have completed training for a crew member of a vessel at a management level of at least 18 months, during and after which he has obtained experience in the operation of the vessel in the range of at least 180 days each time and before the start of the training

1. have experience in the operation of a vessel for at least 5 years;

2. has experience in the service of a seagoing merchant ship of at least 500 days; or

3. underwent secondary technical education.

(2) Upon request, the sailing authority shall grant full authorisation to perform the duties of helmsman to a natural person who is disabled, holding a valid licence to operate radio equipment under the Electronic Communications Act (30); and

(a) has experience in the operation of a vessel as a qualified seaman for at least 180 days;

(b) have received training intended for a crew member at an operational level of at least 3 years during which he has obtained experience in the operation of the vessel for at least 360 days; or

(c) have successfully passed the examination of the theoretical knowledge of a crew member of a vessel at operational level and has experience in the service of a seagoing merchant ship as master of a ship of at least 500 days.

(3) Upon request, the sailing authority shall grant full authorisation to perform the duties of a qualified seaman to a natural person who is fit for health; and

(a) has experience of operating a vessel as a seaman for at least 180 days; or

(b) have received training for a crew member at an operational level of at least 3 years during which he has obtained experience in the operation of the vessel for at least 270 days.

(4) Upon request, the sailing authority shall grant full authorisation to perform the duties of a seafarer to a natural person who is fit for health; and

(a) reach the age of 17 years and have received training for a crew member at an operational level of at least 2 years during which he has obtained experience in the operation of the vessel for at least 90 days;

(b) has reached the age of 18, successfully passed the examination of the theoretical knowledge of a crew member of a vessel at operational level and has experience in the operation of the vessel to a minimum

1. 360 days, or

2. 180 days if they have experience of serving a seagoing merchant ship for at least 250 days; or

(c) have completed training for a crew member at an operational level of at least 9 months during which he has acquired experience in the operation of the vessel for at least 90 days, and before starting the training

1. have experience in the operation of a vessel for at least 5 years;

2. has experience in the service of a seagoing merchant ship of at least 500 days; or

3. underwent secondary technical education.

(5) Upon request, the sailing authority shall grant full authorisation to perform the duties of a lifeguard to a natural person who is disabled, who has reached the age of 15 and who is involved in training for a crew member other than basic safety training.

(6) On request, the sailing authority shall grant full authorisation to perform the duties of auxiliary seamen to a natural person who is fit for health, aged 16 years and has received basic safety training within 8 hours.

(7) The sailing authority shall not grant full authorisation to perform the duties of a crew member of a vessel if another Member State of the European Union or another Contracting State of the Agreement on the European Economic Area has issued a European Union certificate of qualification as a vessel crew member.

§ 24c

Restricted authorisation to perform the duties of crew member of the vessel

(1) Upon request, the sailing authority shall grant a restricted authorisation to perform as a leader of a vessel to a natural person who is fit to be an 18-year-old, has experience in the operation of a vessel as a helmsman, a qualified seaman or a seafarer for at least 100 days and has successfully passed a practical skill test and a test of theoretical knowledge of a crew member at the management level. If the application is for a restricted authorisation to perform the duties of a master of a vessel without self-propelled machinery or with an engine power of up to 4 kW, the experience in the operation of the vessel shall be required for at least 20 days and a successful examination of the theoretical knowledge of the crew member at the management level shall not be required.

(2) Upon request, the sailing authority shall grant a limited authorisation to perform the duties of helmsman to a natural person who is fit for health and has reached the age of 18 years and has experience in the service of a vessel as a qualified seaman or seafarer for at least 100 days.

(3) On request, the sailing authority shall grant a restricted authorisation to perform the duties of a qualified seafarer to a natural person who is fit for health, who has reached the age of 18 years and has experience of operating a vessel as a seafarer for at least 80 days.

(4) Upon request, the sailing authority shall grant a restricted authorisation to perform the duties of a seafarer to a natural person who is fit for health, aged 17, has experience in the operation of a vessel as a lifeguard or auxiliary seafarer for at least 60 days and has successfully passed an examination of the theoretical knowledge of a crew member at operational level.

(5) On request, the sailing authority shall grant a restricted authorisation to perform the duties of a lifeguard to a natural person who is fit for health, aged 15 years and is admitted to secondary education, which is completed by a graduate examination or a certificate in the field of education with a focus on shipping.

(6) Upon request, the sailing authority shall grant a restricted authorisation to perform the duties of auxiliary seaman to a natural person who is fit for health and has reached the age of 16.

§ 24d

Application for authorisation to perform the duties of a crew member and post-application procedure

(1) The application for authorisation to perform the duties of a crew member of a vessel must be accompanied by a medical assessment demonstrating the medical fitness of the applicant and, if the condition for the authorisation to perform the duties of a crew member of a vessel is also

(a) holding a valid licence for the use of radio equipment under the Electronic Communications Act (30);

(b) holding a valid certificate in accordance with § 24a (5) supporting the right to perform the duties of helmsman and the applicant holding a certificate which is a certificate in accordance with § 24a (5) (d) or (e);

(c) the completion of training for a crew member at the management or operational level and the applicant has completed such training in another Member State of the European Union or in the Contracting State of the Agreement on the European Economic Area, proof of his completion;

(d) the successful completion of the examination of the practical skills of the crew member of the vessel and the applicant has passed the examination using a simulator in another Member State of the European Union or in a Contracting State of the Agreement on the European Economic Area, a certificate issued by that State on the examination of the practical skills of the crew member of the vessel that has been carried out using the simulator;

(e) acquisition of experience in the service of a vessel, service record,

(f) obtaining experience in the service of a seagoing merchant ship, a seagoing book,

(g) completion of secondary technical education, proof of completion; and

(h) the admission of an applicant to secondary school education, which is completed by a graduate examination or by a certificate in the field of education with a focus on shipping, a proof of that fact.

(2) The documents referred to in paragraph 1 may be accompanied by a copy of the application; the navigational authority may in such a case require the presentation of the original document for inspection.

(3) In the course of the procedure, the applicant shall submit an identity card to the navigational authority unless a condition for the authorisation to perform the duties of a crew member of a vessel is a successful test of theoretical knowledge or practical skills.

(4) If the condition for authorisation to perform the duties of a crew member of a vessel is successful in passing a theoretical knowledge test, the navigational authority shall, upon application, suspend the period for its execution and management. If the condition for authorisation to perform the duties of a crew member of a vessel is successful in passing the practical skill test, the navigational authority shall, upon application, suspend the period for its execution and management; This shall not apply if the application has been accompanied by a certificate of examination from the practical skills of the crew member of the vessel, which has been carried out using a simulator, issued by another Member State of the European Union or by a Contracting State of the Agreement on the European Economic Area. If the examination of theoretical knowledge or practical skills has not been successfully completed within 1 year of the date of the entry into force of the order suspending the procedure, the navigational authority shall stop the proceedings.

§ 24e

Test of theoretical knowledge and practical skills of a crew member

(1) The examination of theoretical knowledge and the examination of the practical skills of the crew member shall be carried out by the navigational authority. The sailing office shall determine the date of the test so that it can be carried out no later than 3 months after the date of application.

(2) The examination of theoretical knowledge and the examination of the practical skills of a crew member of a vessel shall be composed in a place designated by the navigating authority before the test committee, which shall be at least three members and shall be composed of Commissioners appointed and removed by the Director of the sailing office. The member of the examination committee shall not be the person whose participation in the examination would jeopardise the impartial conduct of the test, taking into account his / her relationship with the candidate for the examination.

(3) The test shall consist of the theoretical knowledge of the crew member of the vessel:

(a) by means of a computer test containing questions compiled by random selection from a set of test questions published by the navigational authority on its website; and

(b) in the form of an oral examination, if it is an examination of the theoretical knowledge of the skipper.

(4) The pilot-in-command's practical skills test shall be carried out by verifying the applicant's practical skills in the management of a vessel whose technical parameters and equipment allow such verification.

(5) The examination of theoretical knowledge and the examination of the practical skills of the crew member of the vessel shall be composed of the interested party after the navigational authority has verified its identity. If the interested party has failed to pass the examination of the theoretical knowledge or practical skills of the crew member, he may only repeat it once in the same proceedings.

(6) Knowledge and skills which are the subject of a theoretical knowledge test and a practical skill test for each of the functions of a crew member of a vessel, the conduct of these tests, the method of evaluation, the conditions for appointment by the test commissioner and the technical parameters and equipment of the vessel which enable verification of the practical skills of the master of the vessel shall be laid down in implementing legislation.

§ 24f

Vessel operator practice

(1) The practice in the operator of a vessel which is a condition for authorisation to perform the duties of a crew member may be obtained only by the operator of the vessel referred to in § 24a (1) and only by an entry in:

(a) a service record, if this record is confirmed by a navigation authority or by another State referred to in § 24a (3) (b) to (e); if it is a full authorisation to perform the duties of a crew member of a vessel, it must be an entry in the service record relating to the certificate referred to in § 24a (5); or

(b) a sailor's book.

(2) The master of the vessel referred to in § 24a (1) is required to record data on the vessel, its owner and its leader, the function of the vessel's crew, the date of commencement and termination of its performance and the course and time of the voyage.

(3) If a member of the crew of a vessel referred to in § 24a (1) so requests, the navigational authority shall confirm the record of the practice of serving the vessel in its service record, unless there is reasonable doubt as to its correctness. The sailing authority shall confirm the record of experience in the operation of the vessel for a period not exceeding 15 months before the date on which the crew member so requested. In order to confirm the record of experience in the operation of the vessel, the crew member of the vessel shall submit to the navigational authority a service record and a copy of the logbook. If the navigational office has reasonable doubts as to the accuracy of the record of the practice in the service record or a copy of the logbook, it may request the presentation of the original logbook or other document containing information on the practice in the service of the vessel for inspection.

§ 24g

Issue of a European Union certificate of qualification of a vessel crew member and a ship crew licence

(1) If the navigational authority conforms to a request for full authorisation to perform the duties of a crew member of a vessel, it shall issue a European Union certificate of qualification in accordance with the model set out in the directly applicable European Union Regulation governing models in the field of professional qualifications in inland voyages (28) instead of a written copy of the decision on the qualification of a vessel crew member. If the European Union certificate of qualification is issued by the master of the vessel, it shall be issued by the navigating office together with the service record. Where a European Union certificate of qualification is issued to a crew member of a vessel other than a leader, that certificate shall be made up of a single document with a service record.

(2) If the navigational authority conforms to a request for a restricted authorisation to perform the duties of a crew member of a vessel, it shall issue, in place of a written copy of the decision, a certificate of competence of the crew member of the vessel; If a master licence is issued, it shall indicate the scope of the authorisation granted. The ship's crew licence shall form a single document with the service record.

(3) The model of the licence of a crew member and the service record shall be established by implementing legislation.

§ 24h

Special authorisation to perform the duties of skipper

(1) Upon request, the sailing authority shall grant a specific authorisation to act as leader of a radar-based vessel to a natural person who has successfully passed the test on the practical skills required to conduct a radar-based vessel; and

(a) holds a valid certificate in accordance with Article 24a (5) which attests an authorisation to perform as a leader of a vessel or fulfils the conditions for granting a full authorisation to perform as a leader of a vessel, if it simultaneously requests that authorisation; or

(b) hold a valid master's licence or fulfil the conditions for granting a restricted authorisation to perform the master's function, if he simultaneously requests that authorisation.

(2) Upon request, the sailing authority shall grant a specific authorisation to act as a leader of a vessel which ensures the movement of a pressurised assembly of vessels with a surface area of at least 7 000 m2 to a natural person who has experience in the service of a vessel for a period of at least 720 days, of which at least 540 days makes experience as a leader of a vessel referred to in § 24a (1) and 180 days makes practice as a helmsman on a vessel which provides for the movement of such a assembly of vessels, and

(b) hold a valid master's licence or fulfil the conditions for granting a restricted authorisation to perform the master's function, if he simultaneously requests that authorisation.

(3) The practice in the service of a vessel can only be demonstrated by a record in a service record certified by the navigation authority or by another State referred to in § 24a (3) (b) to (e).

(4) The application must be accompanied by:

(a) a valid certificate in accordance with Article 24a (5) (d) or (e), where the applicant is its holder;

(b) a certificate of examination of the practical skills needed to conduct a radar-based vessel that has been conducted using a simulator, issued by another Member State of the European Union or by a Contracting State of the Agreement on the European Economic Area, where the applicant is the holder of a special authorisation to perform the duties of leader of a radar-based vessel; and

(c) a service record which is the subject of an application for a special authorisation to perform the function of leader of a vessel which ensures the movement of a pressurised assembly of vessels of at least 7 000 m2.

(5) The documents referred to in paragraph 4 may be accompanied by a copy of the application; the navigational authority may in such a case require the presentation of the original document for inspection.

(6) In the course of the special authorisation procedure, the applicant shall submit an identity card to the navigating office if the application for a special authorisation is for the performance of his duties.

(a) the master of the radar vessel and the applicant have accompanied the application with a certificate of test of the practical skills required to conduct the radar vessel which has been carried out using a simulator issued by another Member State of the European Union or by a Contracting State of the Agreement on the European Economic Area; or

(b) a master of a vessel which ensures the movement of a pressurised assembly of vessels of at least 7 000 m2.

(7) Following an application for a special authorisation to perform the duties of leader of a radar-based vessel, the navigational authority shall set a time limit for the examination of the practical skills needed to lead the radar-based vessel and interrupt management; This does not apply if the application has been accompanied by a certificate of examination of the practical skills needed to conduct a radar-based vessel that has been conducted using a simulator issued by another Member State of the European Union or by a Contracting State of the Agreement on the European Economic Area. If the examination of practical skills has not been successfully completed within 1 year of the date on which the order for suspension was obtained, the navigational authority shall stop the proceedings.

(8) Article 24e (1), (2), (4) and (5) shall apply mutatis mutandis to carry out the test of the practical skills required to conduct, to carry out, to carry out, to compile, to compile, to carry out the test committee, to demonstrate the identity of the applicant and to repeat the test.

(9) The skills which are the subject of the test of the practical skills needed to conduct a vessel flying by means of a radar, the conduct of that test, the method of its evaluation, the conditions for appointment by the test commissioner and the technical parameters and equipment of the vessel which enable the verification of practical skills are laid down in the implementing legislation.

§ 24i

Granting a special authorisation to perform the duties of skipper

(1) If the navigational authority conforms to a request for a special authorisation to act as leader of a vessel operating by means of a radar or a vessel which provides for the movement of a pressurised assembly of vessels with a surface area of at least 7 000 m2, submitted by an applicant fulfilling the condition laid down in Article 24h (1) (a) or Article 24h (2) (a), it shall issue a European Union certificate of qualification of the master to which it shall indicate its award, instead of a written copy of the decision. This shall not apply if the applicant for a special authorisation holds a valid certificate pursuant to Paragraph 24a (5) issued by another State; in which case, the navigational authority shall inform the applicant of the specific authorisation.

(2) If the navigational authority conforms to an application for a special authorisation to act as a leader of a vessel operating by means of a radar or a vessel providing movement of a pressurised assembly of vessels with a surface area of at least 7 000 m2, submitted by an applicant fulfilling the condition laid down in § 24h (1) (b) or § 24h (2) (b), it shall indicate its award on the master's licence.

(3) The holder of a European Union certificate of qualification as a master shall submit the original certificate to the navigational authority within 15 days of the date of issue of the new certificate referred to in paragraph 1. The master licence holder shall submit the licence to the navigating authority for the purpose of indicating the information referred to in paragraph 2.

§ 24j

Validity of the European Union certificate of qualification of the crew member of the vessel and of the crew member's licence and the procedure for their expiry

(1) The European Union certificate of qualification of a crew member of a vessel and of a crew member of a vessel shall be valid:

(a) for a period of 13 years, but not later than the day preceding the date on which its holder reaches the age of 60, if the European Union certificate of qualification as a master of a vessel or a master's licence is concerned,

(b) by the date preceding the date on which the holder reaches the age of 60 years, if the European Union certificate of qualification is for a crew member of a vessel other than a leader or a crew member of a vessel other than a leader;

(c) for a period of 5 years, but not later than the day preceding the date on which its holder reaches the age of 70, if they are authorised to serve as a crew member for a period after the age of 60; or

(d) for a period of 2 years if they are authorised to perform the duties of a crew member of a vessel for a period after the age of 70.

(2) At the request of the European Union's certificate of qualification as a leader pursuant to Article 24a (5) (a) to (c), the sailing authority shall issue a new European Union certificate of qualification, if the applicant is disabled, on the expiry of the European Union certificate of qualification. In the new certificate, the navigational authority shall indicate a specific authorisation to perform the duties of master of the vessel, which was indicated in the original certificate. The holder shall submit the original certificate to the office of departure within 15 days of the date of issue of the new certificate.

(3) Upon request submitted on grounds of the expiry of the European Union certificate pursuant to Article 24a (5) (a) to (c), which attests to the authorisation to perform the duties of a crew member of a vessel other than a leader, the Authority shall indicate on that certificate its new period of validity, if the applicant is disabled. For this purpose, the holder shall submit a certificate to the navigational authority.

(4) At the request of the competent authority, on the grounds of the expiry of the validity of the licence of a crew member of the vessel, the VMC shall indicate its new period of validity on that licence if the applicant is fit for health. The holder shall be obliged to present the licence to the office of departure for this purpose.

(5) The application referred to in paragraph 2, 3 or 4 shall be accompanied by a new medical opinion demonstrating the medical fitness of the applicant. A new medical opinion may be accompanied by a copy of the application; the navigational authority may in such a case require the submission of an original inspection opinion. In the course of the procedure, the applicant shall submit an identity card to the sailing office. If the navigational office conforms to the request, the decision shall not be drawn up in writing.

§ 24k

Disability of a crew member

(1) The medical fitness of a crew member shall be understood as his physical and mental capacity to perform the duties of a crew member.

(2) If a medical assessment indicates that the applicant for authorisation to perform the duties of a crew member of a vessel is disabled on condition, the navigational authority shall make the authorisation to perform the duties of a member of the vessel conditional and shall indicate that condition on the relevant document. Where a medical assessment has been issued for a limited period of time, taking into account the medical condition of the applicant for authorisation to perform the duties of a crew member of a vessel, the navigational authority shall indicate on the European Union certificate the qualification of the crew member of the vessel or the certificate of qualification of the crew of the vessel in such a limited period of time that they are valid; This does not apply if, according to § 24j (1), the period of validity of the certificate or licence would be shorter.

(3) Where the operator or the master of the vessel or the navigational authority has reasonable grounds for suspecting that the holder of a European Union certificate of qualification as a crew member of a vessel issued by the navigating authority or a crew licence has changed the health status which could lead to the loss or condition of his medical fitness, he shall invite him in writing, stating the reasons for his suspicion, to undergo a medical examination. If a call has been made by the operator or the master of the vessel, he shall also send it to the navigation authority without undue delay. The holder of a European Union certificate of qualification as a crew member of a vessel or a crew licence of a vessel shall be obliged within 1 month of the date of receipt of the call.

(a) undergo medical examination; and

(b) to inform the navigational authority with which the assessor has undergone medical examination.

(4) In the event of a reasonable suspicion that a change in the health status of the holder of the certificate pursuant to § 24a (5) or a certificate of a crew member may be seriously compromised by the safety of the voyage, the navigational authority shall prohibit him from carrying out the duties of a crew member of the vessel. The appeal against this decision shall not have suspensory effect. If the reasons for this decision are omitted, the Railway Authority shall revoke the decision.

(5) The assessor shall send a medical opinion issued on the basis of a medical examination to the person assessed without undue delay to the operator of the vessel on which the assessor performs the duties of a member of the crew of the vessel, if known, and to the navigational authority.

(6) Where a medical opinion issued on the basis of a medical examination by the holder of a European Union certificate of qualification as a crew member of a vessel or a certificate of qualification of a crew member of a vessel is based on a call referred to in paragraph 3 that it is medically fit, subject to a condition which is not yet indicated in the relevant document, the navigational office shall be authorised to perform the duties of a crew member of a vessel and shall indicate that condition on the relevant document. Where a medical assessment has been issued for a limited period of time, taking into account the established medical condition of the holder of a European Union certificate of qualification as a vessel crew member or a vessel crew licence, the navigational authority shall indicate on the certificate or licence the period of revalidity of the certificate or certificate in such a limited period of time; This does not apply if, according to § 24j (1), the period of validity of the certificate or licence would be shorter. The holder of a European Union certificate of qualification as a crew member of a vessel or a ship crew licence shall, in such cases, submit this document to the navigational authority within 10 days of the date of receipt of the medical opinion.

(7) If the holder of a European Union certificate of qualification as a crew member of a vessel or a ship's crew licence does not, within the prescribed time limit, notify the navigator of the medical examination carried out on the basis of the call referred to in paragraph 3, of the fact that the navigational authority shall, within 15 days of the date of receipt of the repeated call, inform him of the consequences of not doing so.

(8) If the holder of a European Union certificate of qualification as a crew member or a certificate of qualification of a vessel's crew, or within the time limit specified in the repeated call by the assessor, has undergone a medical examination, if the navigational authority finds that the doctor mentioned in the medical examination note has failed to comply with the medical examination, or if the medical opinion issued on the basis of a medical examination indicates that he is unfit to perform the duties of a member of the vessel's crew, the navigational authority shall withdraw his authorisation to perform the duties of a member of the vessel's crew and, if a decision has been taken to prohibit the activities of a member of the vessel's crew, the decision shall be annulled. Where the navigational authority has decided to withdraw the authorisation to perform the duties of a crew member of a vessel, the holder of a European Union certificate of qualification as a member of a vessel's crew or a ship's crew licence shall submit this document to the navigational authority within 15 days of the date on which the decision becomes final.

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Regulation Information

Citation	Act No. 372 / 2022 Coll., amending Act No. 114 / 1995 Coll., on Inland Navigation, as amended, and other related laws
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	07.12.2022
Effective from	01.03.2023
Effective until	-
Status	Valid

Legal Areas: Transport Finance Fees Labour law Administrative offences Administrative law Administrative procedure State (official) control Water, Water management Eligibility for the pursuit of certain professions (activities)

Parliamentary Paper: Paper No. 206

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