Decree No. 42 / 2015 Coll.
Ordinance on the competence of persons to lead and operate vessels
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Order
Effective from 15.03.2015
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15.03.2015
10.03.2015
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42
DECLARATION
of 3 March 2015
on the competence of persons to lead and operate vessels
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., ("the Act ') for the implementation of § 24 (4), § 25 (1), (6) and (11), § 25a (4) and § 25b (3):
INTRODUCTORY PROVISIONS
Subject matter
This decree implements the relevant provisions of the European Union1) and provides for
(a) the conditions of competence for the management and assembly of vessels for each type of vessel and their assembly;
(b) the extent and length of experience in the operation of the vessel and the manner in which it is acquired;
(c) activities which cannot jeopardise the safety of navigation;
(d) the subjects of which the proficiency test is composed;
(e) details of the focus of the practice and the taking of the test and the issue of a master licence and a crew member;
(f) medical conditions;
(g) the form of the proficiency test for each type of proficiency, the method of implementation, the evaluation and the conditions for repeating the proficiency test;
(h) the scope and content of the verification of practical skills in the management of the vessel;
(i) model of the master's licence, model of the ship's crew licence;
(j) the period of validity and the particulars of the medical opinion on medical fitness and the intervals of regular medical examinations;
(k) the scope and content of the practical examination before the navigational authority, demonstrating the competence which is a condition for entrustment by verifying practical skills in the management of a small vessel;
(l) a model certificate of the result of the verification of practical skills in the management of a small vessel.
Basic concepts
(1) For the purposes of this decree, vessels shall be divided into:
(a) ships which are:
1. self-propelled ships,
2. ships not self-propelled,
3. ferry ships,
(b) small vessels:
1. small vessels, not self-propelled and without sails (hereinafter referred to as "not self-propelled"), of a weight not exceeding 1000 kg;
2. small vessels not self-propelled, of a mass exceeding 1000 kg,
3. small self-propelled vessels up to and including 4 kW,
4. small self-propelled vessels with a power output exceeding 4 kW;
5. small vessels with sails with a total sail area up to and including 12 m2,
6. small vessels with sails with a total sail area exceeding 12 m2;
(c) floating machines.
(2) For the purposes of this decree:
(a) by a recreational vessel, a vessel designated, approved and used for recreational purposes;
(b) sailing in displacement mode at speeds at which the buoyancy of the vessel constitutes hydrostatic forces, the effect of dynamic forces induced by the speed of movement of the vessel being negligible;
(c) by a lifeguard, a crew member of a vessel carrying out cabin work on board under the supervision of a seafarer;
(d) by an auxiliary seaman, a crew member of a vessel carrying on board a vessel under the supervision of a skipper or a seafarer;
(e) by a boatman, a crew member of a vessel carrying out cabin work on board and operating the helm under the supervision of the captain;
(f) by a ship's driver, a crew member of a vessel serving machinery on board, with the exception of work equipment on a floating machine, and operating the helm under the supervision of the captain;
(g) by helmsman, a member of the crew of the vessel providing for the operation of the rudder of the vessel, with the exception of a small sailboat (sailboat);
(h) a swimmer's certificate of qualification as a lifeguard, auxiliary boatman, boatman, shipbuilder and helmsman.
CONDITIONS OF ELIGIBILITY FOR VESSELS AND VESSELS
Management and operation of a licensed vessel
(1) A vessel whose management and operation are authorised only by the master of the vessel and a crew member of a licensed vessel is:
(a) a ship within the meaning of Article 2 (1) (a);
(b) a small vessel with a mass including an authorised load exceeding 1000 kg;
(c) a small self-propelled vessel with a power exceeding 4 kW, unless otherwise provided for in Section 5;
(d) sailboats with a total sail area exceeding 12 m2; or
(e) a floating machine.
(2) The master and crew licences of the vessel are:
(a) a captain's licence;
(b) the transferor's licence;
(c) a small-vessel leader's licence;
(d) the licence of the master of the recreational vessel;
(e) a driver's licence;
(f) a licence to conduct a radar-powered vessel;
(g) a swimming service book.
(3) The model certificates are contained in Annex 1 to this Regulation.
(1) The master or crew licence of a vessel does not replace the special certificate for the use of a floating machine, provided that it is required by the Decree on Safety and Health at Work and Safety at Mining Activity (2).
(2) A land-based machine placed on a vessel which may be operated by a person certified in accordance with the Regulation on Safety and Health at Work and Safety at Mining Activity (2), may be operated by that person without the approval of a vessel leader or crew member, but only under the supervision of a captain of the appropriate category.
Management of a vessel without a licence
(1) A person without a licence may, on all waterways, carry a small vessel without self-propelled unless it exceeds:
(a) the total area of its sails of 12 m2; and
(b) its mass of 1000 kg, including the authorised load.
(2) A person without a licence may lead a small vessel during an authorised action on a monitored waterway (3) in the marked part of the waterway or during the verification of practical skills in the management of a small vessel.
(3) A person who has reached the age of 15 may, without a licence, carry on all waterways a small craft with its own engine power up to and including 4 kW, unless its total mass does not exceed 1000 kg, including the authorised load.
(4) A person who has reached the age of 18 may, without a licence, conduct a small self-propelled craft, capable of sailing only in displacement mode and reaching a maximum speed of 15 km / h
(a) on the waterway, the transport significant used class 4), the waterway purpose5) or unmonitored; or
(b) if this vessel is included in the permit to operate a small fleete6).
TEST OF COMPETITION, REQUIREMENTS FOR PRACTICE AND HEALTH ELEMENTS
ACTIVITIES WHICH MAY NOT ENSURE THE SAFETY OF THE VESSELS, TEST OF COMPETITIVENESS AND REQUIREMENTS
Activities not endangering the safety of navigation
Activities which do not jeopardise the safety of the voyage are:
(a) on-board work carried out by a lifeguard on a self-propelled ship under the supervision of a seafarer; or
(b) on-board work carried out by an auxiliary seafarer on a self-propelled ship under the supervision of a skipper or seafarer.
Swim
A member of the crew of a vessel as a lifeguard may be a student of a secondary school trained in education with a graduate examination or with a certificate focusing on shipping.
Ship
(1) The required experience for a seaman shall be at least 36 months as a lifeguard or auxiliary seaman on a self-propelled ship except for a recreational craft. When the required experience according to the first sentence is fulfilled, a crew member shall not be required to demonstrate his competence by examination for all types of vessels.
(2) If the applicant successfully passes a proficiency test by verifying theoretical knowledge, the required experience as an auxiliary seaman on a self-propelled ship, except for a recreational craft, is 6 months. The proficiency test referred to in the first sentence shall be composed of a theoretical knowledge verification of the management of the vessel from the subjects referred to in Annex 2 to this Regulation, namely:
(a) rules on navigation by written test;
(b) the basic structure of the vessels by means of a written test; and
(c) sailing lessons in the form of a written test.
(3) The practice or proficiency test referred to in paragraphs 1 and 2 are not required where the applicant demonstrates that he has received a secondary education with a certificate in the field of education focusing on shipping.
Ship's engineer
The required experience of a marine engineer shall be at least 12 months as a seaman.
Helm
The required helmsman practice shall be at least 24 months as a boatman or 12 months as a boatman.
Captain
(1) Category Captain A skipper shall be authorised to lead a vessel, except a sailboat, without limitation of the displacement and power of the propulsion of the vessel on all waterways, including seagoing waterways.
(2) A category B captain is a vessel leader authorised to lead a vessel, with the exception of a sailboat, without limitation of the displacement and power of the machinery of a vessel on the waterways of the European Union, with the exception of seagoing waterways.
(3) The required practice for the competence of a category B captain is at least 48 months on a self-propelled ship with the exception of a recreational craft and must be obtained on the waterways of the Member States of the European Union and, in the case of the Danube, on any of its sections, after reaching the age of 18 years, and at least 24 months of experience must be achieved on waterways of transport significance. If the applicant demonstrates navigation experience on a seagoing merchant ship as a member of the cabin crew for a duration of 24 months and at the same time at least 12 months on inland waterways of transport significance, the length of the required experience shall be 36 months.
(4) The applicant's proficiency test for the issue of a category B captain licence shall consist of a verification of theoretical knowledge for the management of the vessel from the subjects and, to the extent specified in Annex 2 to this Regulation, from:
(a) rules on navigation by written test and oral examination;
(b) the basic structure of the vessels by means of a written test and an oral test; and
(c) sailing lessons by written test and oral examination.
(5) Category C captain is a vessel leader authorised to lead on all waterways of the Czech Republic
(a) a vessel, with the exception of a sailboat, without limitation of the displacement and power of the propulsion of the vessel; or
(b) a vessel, with the exception of a sailboat, with a displacement and engine power corresponding to the displacement and power of the machinery of the vessel on which it has successfully verified the practical skills of the management of the vessel referred to in paragraph 6.
(6) The required experience for the competence of a Category C captain shall be at least 48 months on a self-propelled vessel, in which case the proficiency test shall be composed only by verifying theoretical knowledge for the management of the vessel. If, in addition to the part of the test, the applicant successfully completes the verification of theoretical knowledge for the management of the vessel referred to in paragraph 7, the experience required shall be at least 12 months. Verification of practical skills in the management of the vessel shall be carried out in the content and scope referred to in Annex 2 to this Regulation.
(7) The applicant's proficiency test for the issue of a category C captain licence in the form of a verification of theoretical knowledge for the management of a vessel shall consist of the subjects and, to the extent specified in Annex 2 to this Regulation, of:
(a) rules on navigation in the form of a written test and an oral test;
(b) the basic design of the vessels by means of a written test and an oral test; and
(c) sailing lessons by written test and oral examination.
Carrier
(1) The ferryman shall be the master of the vessel authorised to lead a ferry carrying a maximum of 12 passengers.
(2) The required ferryship practice is at least 3 months on board.
(3) The applicant's proficiency test for the issue of a ferryship licence shall consist of a verification of theoretical knowledge for the management of the vessel from the objects and to the extent specified in Annex 2 to this Regulation, namely:
(a) rules on navigation by written test;
(b) the basic structure of the vessels by means of a written test; and
(c) sailing lessons in the form of a written test.
Leader of a small vessel
(1) The leader of a small vessel is entitled to keep small vessels on all waterways of the Czech Republic. For the purposes of this decree, the authorisation of the leader of a small vessel shall be distinguished:
(a) category M which is authorised to carry a small vessel without own machinery and own-engine craft without any power limitation;
(b) category M20 which is authorised to carry a small vessel without its own machinery and a vessel with its own machinery with a power limit of up to 20 kW;
(c) category S, which is entitled to carry a small vessel without its own machinery and sailboat without the limitation of the total sail area;
(d) category S20, which is entitled to carry a small vessel without its own machinery and sailboat with a total sail area of up to 20 m2.
(2) The applicant's proficiency test for the issue of a small vessel leader licence shall be composed of a theoretical knowledge verification and a practical skills verification of the management of the vessel. Verification of practical skills in the management of a vessel shall not be carried out where the applicant for a licence is a licence holder
(a) a master of a non-small vessel; or
(b) a master of a sea yacht issued under the Maritime Navigation Act.
(3) Verification of theoretical knowledge shall be carried out from the subjects and to the extent specified in Annex 2 to this Decree, namely:
(a) rules on navigation by written test;
(b) the basic structure of the vessels by means of a written test; and
(c) sailing lessons in the form of a written test.
(4) Verification of practical skills in the management of the vessel shall be carried out in the content and scope referred to in Annex 2 to this Regulation.
(5) A model certificate of the result of the verification of practical skills in the management of a small vessel is given in Annex 4 to this decree.
Leader of the recreational vessel
(1) For the purposes of this decree, a distinction shall be made between the authorised leader of the recreational vessel:
(a) category I which authorises the management of that vessel, which is a small vessel, in accordance with the categories of authorisation referred to in Article 13 (1) on inland foreign waterways on which such authorisation is recognised under a decision of an international organisation issued under an international agreement which forms part of the legal order;
(b) category C which authorises the management of that vessel, which is a small vessel, in accordance with the categories of authorisation referred to in Article 13 (1) in coastal sea waters on which the authorisation is recognised in accordance with a decision of an international organisation issued under an international agreement which is part of the legal order, within 1 nautical mile of the land or coastal islands, up to 4 ° Beaufort scale.
(2) The licence holder of a recreational craft leader is entitled to keep a small vessel on all waterways.
(3) A person who has fulfilled the requirements laid down in Article 13 (3) and (4) shall be entitled to issue an international recreational vessel leader licence for the category of authorisation I.
(4) A person who has fulfilled the requirements of § 13 (3) and (4) shall be entitled to issue an international recreational vessel leader licence if he has passed the proficiency test by verifying theoretical knowledge of the subjects and within the scope of Annex 2 to this Decree,
(a) from the basis of international maritime law and the rules on navigation for coastal waters by means of a written test;
(b) from the foundations of navigation and marking of marine waterways by means of a written test;
(c) from the foundations of meteorology by means of a written test; and
(d) from the basis of safety and rescue at sea by means of a written test.
(5) A person who:
(a) hold a small vessel leader's licence for category M or M and S for at least 48 months; and
(b) have successfully passed the proficiency test.
(6) The proficiency test referred to in paragraph 5 shall be composed of verification of the practical skills of keeping a small vessel with a hull length of at least 10 m, an engine power of 45 kW or more and a occupancy of at least 6 persons, as specified in Annex 2 to this Decree.
Engineer
(1) The engineer is a skipper authorised to operate a floating machine while working on the waterways of the Czech Republic. The operator may only carry a floating machine on a voyage in excess of the working movements and the working movement of the machine with a master's licence of the master of the vessel corresponding to the type of vessel and the waterway on which the floating machine moves.
(2) The required experience for the competence of the engineer shall be at least 6 months in the case of work on a floating machine, or 3 months in the case of work on a floating machine, if the applicant demonstrates that he has received a secondary education with a certificate in the field of education from the Engineering and Engineering Group.
(3) The applicant's proficiency test for the issue of a driver's licence shall consist of a verification of theoretical knowledge for the management of the vessel from the subjects and to the extent specified in Annex 2 to this Regulation, namely:
(a) rules on navigation by written test;
(b) the basic structure of the vessels by means of a written test; and
(c) sailing lessons in the form of a written test.
Radar vessel management
(1) The holder of a radar-powered licence is authorised to use radar as a navigational aid for the management of a vessel authorised to conduct a valid master licence under reduced visibility.
(2) The required experience for the management of a radar vessel is at least 12 months on board the vessel for which it is authorised to operate.
(3) The applicant's proficiency test for the issue of a licence to conduct a vessel using a radar shall be composed of a theoretical knowledge verification and a practical skills verification of the management of the vessel.
(4) The applicant's proficiency test for the issue of a licence to conduct a vessel flying by means of a radar shall be composed of a theoretical knowledge verification for the management of a vessel flying by radar from articles and within the scope of Annex 2 to this Regulation, namely:
(a) theory of radar navigation by written test;
(b) evaluation of the radar image in the form of a written test; and
(c) radar navigation rules by written test.
(5) Verification of practical skills in the management of a radar-powered vessel shall be carried out in the content and scope specified in Annex 2 to this Regulation.
Management and operation of passenger craft
(1) The master or member of the crew of the passenger carrier vessel must hold a certificate proving the professional examination.
(2) The applicant's proficiency test for the issue of a passenger transport certificate shall be composed of verification of theoretical knowledge by means of a written test to the extent specified in Annex 2 to this Decree.
(3) The model certificate for the management and operation of the passenger vessel is set out in Annex 1 to this Regulation.
CONDITIONS OF HEALTH ELIGIBILITY, THE IMPACT OF THE HEALTH ELIGIBILITY ASSESSMENT AND THE INTERVALUE OF THE RULES OF HEALTH EXAMINATION OF VESSELS AND VESSELS 'MEMBERS
Health requirements
The medical fitness conditions applicable to the assessment of the medical fitness of the skipper or crew member are set out in Annex 3 to this Regulation.
Medical assessment on medical fitness
The medical opinion on medical fitness (hereinafter referred to as the "medical opinion ') shall have the formalities laid down in the medical documentation7; in its conclusion, it shall be stated whether the person under assessment is in the activity for which he was assessed;
(a) medically fit;
(b) incapacitated, or
(c) medically fit on condition; This condition shall be specified explicitly and unambiguously in the conclusion and shall also be included in the licence.
Regular medical examination intervals
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Regulation Information
| Citation | Decree No. 42 / 2015 Coll., on the competence of persons to lead and operate vessels |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.03.2015 |
|---|---|
| Effective from | 15.03.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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