Decree of the Ministry of Transport and Communications No. 450 / 2000 Coll.
Ordinance of the Ministry of Transport and Communications on the Captain's promise, examinations, professional and medical fitness of ship crew members, certificates of competency, seafarers' books and medical care of ship crew members
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22.12.2000
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450
DECLARATION
Ministry of Transport and Communications
of 28 November 2000
on the captain's promise, examinations, professional and medical fitness of crew members, certificates of competency, marine books and medical care of crew members
The Ministry of Transport and Communications provides, pursuant to § 85 (1) of Act No. 61 / 2000 Coll., on maritime navigation (hereinafter referred to as "the Act") for the implementation of § 32 (4), § 44 (3), § 46 (4), § 47 (2), § 48 (6), § 50 (4), § 54 (6) and § 67 (2) and (4) of the Act:
INTRODUCTORY PROVISIONS
For the purposes of this decree:
(a) a seagoing merchant ship ("ship") and a ship engaged in the transport of liquids, gases or dangerous goods ("special ship");
(b) the expertise of a set of tasks, duties and responsibilities listed in the Annex to the international treaty, which the Czech Republic is bound by and which has been published in the Collection of Laws (1) (hereinafter "the Stcw Code"), which are necessary for the safe operation of the ship, the safety of human life at sea and the protection of the environment at sea;
(c) the functions of performing the set of tasks, duties and responsibilities necessary for the safe operation of the ship, the safety of human life at sea and the protection of the environment at sea;
(d) Arpa equipment for automatically calculating radar-detected courses and speeds;
(e) Gmdss global maritime distress and security system,
(f) gross tonnage of all eligible areas under the applicable rules, including those not directly contributing to the production of profits;
(g) the power of propulsion, the total maximum continuous power of all main propulsion engines of the ship in kW as indicated in the ship's register sheet.
CAPITAL SIZE
(Paragraph 32 (4) of the Law)
The text of the Captain's promise reads:
"I promise in my honour and conscience that, in the performance of my duties as commander, I will ensure the safety of the crew of the ship, passengers, cargo and ships by all means available, I will observe and apply the legislation relating to the performance of this function and I will ensure the honour of the ship's national flag."
TEST COMMISSION, TESTS AND SHIP PRACTICE
(Paragraph 44 (3) of the Act)
TEST COMMISSION AND TESTS
The test to demonstrate the competence of a ship's crew member to carry out his duties on board 2 (hereinafter referred to as "the test ') shall be carried out on the basis of a written application to carry out the examination by a natural person (hereinafter referred to as" the applicant') at the Maritime Office (hereinafter referred to as "the Office '). The model application for the test is set out in Annex 1.
(1) The test shall be carried out before at least four members of the panel established by the Office.
(2) The Office shall appoint the chairman and other members of the Examination Board of persons whose knowledge has been verified by a person appointed by the Minister for Transport and Communications. 3)
(1) The examination is oral and is in the Czech language.
(2) A report shall be made of the test, signed by the members of the test committee. A copy of the protocol shall be issued to the applicant.
(3) If the applicant does not benefit from the test, he may repeat it not earlier than 2 months after the date of failure.
(1) On-board work means the length of service of a crew member on board. The ship's service shall be demonstrated by the registration of its length in the number of years, months and days in the seaman's book. A month shall mean a period of 30 days.
(2) The entry of experience in the maritime book is carried out exclusively by the master of the ship.
HEALTH ELIGIBILITY OF SHIPS MEMBERS
(Paragraph 48 (6) of the Law)
Medical certificate
(1) The medical fitness of a crew member (hereinafter referred to as "medical fitness") shall be demonstrated by a certificate of medical fitness (hereinafter referred to as "assessment") in accordance with Article 48 of the Act.
(a) establishing an employment relationship;
(b) when applying for a licence, certificate of licence or certificate of recognition;
(c) before boarding,
(d) after landing.
(2) The list of assessors shall be kept by the Office and, on request, shall provide the Member States with an international contract, which the Czech Republic is bound by and which has been published in the Collection of Laws, (1) to ship operators or other eligible candidates under this international agreement.
Preventive examinations
(1) Preventive examinations are
(a) an initial examination assessing the medical fitness of a candidate for employment before the establishment of an employment relationship or an applicant for the issue of a licence, certificate of licence or certificate of recognition;
(b) a periodic inspection to assess the fitness of a crew member once every 2 years; for crew members under 21 and over 51, medical fitness shall be assessed once a year;
(c) an emergency examination to assess medical fitness outside the term of the periodic examination
1. before boarding; the assessment shall not be more than 10 days old at the time of embarkation;
2. at the request of the operator of the ship, the master of the ship or the Office, where a crew member has, in the course of his or her activities, identified deficiencies related to the medical condition which may have endangered or endangered the safety of persons, ships or cargo, in circumstances which may have changed the medical fitness of the crew member to function on the ship, in the case of repatriation of the crew member for medical reasons, or in the event of a maritime accident,
3. After severe injury, unconsciousness or incapacity for work for more than 8 weeks,
4. at the request of a crew member,
(d) an exit check assessing the medical fitness of a crew member after disembarkation or at the end of an employment relationship, taking into account whether there has been a change in his medical fitness during the service on the ship.
(2) When carrying out preventive inspections, the ship crew member (hereinafter referred to as "the person under consideration ') or the ship operator shall be notified of the type of inspection required and the relevant medical activity for which the medical fitness is assessed; for the emergency inspection referred to in paragraph 1 (c) (2), the reason for its request shall also be communicated.
(1) In addition to the complex physical examination of the internal character, the entrance examination includes specialised eye, otolaryngologic (nasal, ear and throat), psychiatric and dental examinations.
(2) The periodic examination includes, in addition to a complex physical examination, specialised eye and otolaryngological examination.
(3) The extraordinary examination includes, in addition to a complex physical examination, specialised eye and otolaryngologic examination and dental examination.
(4) The content of preventive medical examinations, including the specialised examinations provided for in this Decree, may be supplemented by further examinations by the assessor, based on knowledge of the working conditions of the person under consideration and his health status.
Judgement
(1) Before each preventive medical examination, the assessor shall verify the identity of the subject.
(2) The assessment shall be made by the assessor on the basis of the outcome of a preventive medical examination and other expert examinations which are a condition for the issue of the opinion or which require that the assessor may rule out defects, conditions or diseases (hereinafter referred to as "diseases") which significantly restrict or exclude further safe exercise of his or her activities or could result in a material deterioration of the health status of the person under consideration. The medical conditions are set out in Annex 2.
(3) The assessment shall be clear, shall not contain a diagnosis and its validity shall be limited by the date of further preventive medical examination. The assessment physician may shorten the period of validity of the assessment to one year in the case of justified medical condition of the person under assessment.
(4) The assessment shall be accompanied by the signature of the assessor, his name, the stamp of the medical establishment and the date of the drawing up. It shall also state the reason for which the person has been assessed and the duration of the assessment.
(5) The conclusion in the assessment for the performance of the activity concerned is one of the following:
(a) "disabled,"
(b) "incapacitated," or
(c) "fit only under certain conditions"; the conditions laid down in the opinion must be clearly expressed.
(6) If the crew member reaches the required visual acuity with correction, he shall have replacement glasses or contact lenses available during the voyage.
(7) The date of issue of the assessment and its conclusion shall be recorded on the medical certificate.
(1) The medical assessor shall always request from the medical practitioner in whom the person concerned is registered and, where appropriate, from another medical practitioner, an extract of the medical file with the information necessary for the medical assessment.
(2) The assessor shall inform the assessor of the assessment and shall include a copy of the assessment with the acknowledgement of receipt in the medical file.
(3) In the event of an emergency examination, the assessor shall also inform the Authority. The ship operator shall be informed of the assessment by the physician if he has requested an emergency inspection in accordance with § 8 (1) (c) (2).
(4) If the medical assessor finds that the medical condition of a crew member does not comply with the medical requirements for the performance of his duties, he shall notify the Office without delay and inform the Authority of the assessment.
(5) The review of the assessment and further decision-making on medical assessments.4)
SPECIES OF LIABILITIES AND DETAILS FOR THE ISSUING OF LIABILITIES
(Paragraph 46 (4) of the Law)
PROHIBITION OF ELIGIBILITY CERTIFICATING HEALTH AND EXPERIENCY
Issue of a licence
(1) The certificate of a crew member certifying the medical and professional competence of the holder of a ship-based licence (hereinafter referred to as "licence") shall be differentiated according to the scope of the authorisation:
(a) the seafarer's licence authorises the holder to serve on all ships as seafarer;
(b) the machinery assistant licence authorises its holder to serve on all ships as machinery assistant;
(c) the certificate of competence of a ship's cook entitles its holder to serve on all ships as a ship's cook;
(d) a steward licence entitles its holder to serve on all ships as steward;
(e) a second-class seafarer's licence entitles his holder to serve on all ships as a member of the cabin guard at auxiliary level;
(f) a first-class seafarer's licence authorises his holder to serve on all ships as a member of the cabin guard at auxiliary level;
(g) the master's licence authorises his holder to serve on all ships as a member of the cabin guard at auxiliary level;
(h) the cabin assistant licence authorises its holder to serve on all ships as a member of the cabin guard service at an auxiliary level;
(i) a seaman's licence authorises his holder to serve on all ships in the capacity of a third cabin officer and, after having completed 24 months of duty on board as a third cabin officer, on all ships in the capacity of a second cabin officer,
(j) the licence of a first cabin officer for ships of less than 3 000 gross tonnage entitles its holder to serve on ships of less than 3 000 gross tonnage as first cabin officer and to serve on all ships as a member of the watch at operational level;
(k) the licence of the first cabin officer for ships with a gross tonnage of 3 000 RT and more entitles the holder to serve on ships with a gross tonnage of 3 000 RT and more as first cabin officer and on all ships in the capacity of a watch member at operational level;
(l) a captain's licence for ships of less than 3 000 gross tonnage entitles its holder to serve on ships of less than 3 000 gross tonnage as master of the ship, to serve on all ships in the capacity of the first cabin officer and as a member of the duty guard at operational level;
(m) a captain's licence for ships of 3 000 gross tonnage and more entitles the holder to serve as master of the ship on ships of 3 000 gross tonnage and more and to serve on all ships as a member of the cabin guard at command and operational level;
(n) the radio assistant licence authorises its holder to serve on all ships as a member of the radio communications service at the auxiliary level;
(o) the radio operator's licence authorises the holder to serve on all ships as a member of the radio communications service;
(p) the Gmdss operator's licence entitles its holder to carry out radio activities and duties on all ships involved in the Gmdss system;
(q) a second-class engine licence entitles its holder to serve on all ships as a member of the auxiliary machinery service;
(r) a first-class motorbike licence entitles its holder to serve on all ships as a member of an auxiliary machinery watch,
(s) the driver's licence authorises its holder to serve on all ships as a member of the auxiliary maintenance service;
(t) the machinery assistant licence authorises its holder to serve on all ships as a member of the auxiliary machinery guard;
(u) the machinery officer's licence authorises his holder to serve on all ships as a member of the machinery watch at operational level;
(v) the licence of a second engineer for ships with a main engine power of up to 3 000 kW authorises its holder to serve on ships with a main engine power of up to 3 000 kW as a second engineer officer and to serve on all ships as a member of the machinery watch service at operational level;
(w) a second engineer's licence for ships with a main engine power of 3 000 kW or more entitles its holder to serve on all ships as second engineer's officer and as a member of the operational watch service;
(x) the licence of a first engineer for ships with a main engine power up to 3 000 kW authorises its holder to serve on ships with a main engine power up to 3 000 kW as a first engineer officer and to serve on all ships as a second engineer officer and as a member of the machinery watch service at operational level;
(y) the licence of the First Engineering Officer for ships powered by main engines of 3 000 kW or more entitles its holder to serve on all ships as a member of the Command and Operations Command and Operating Service,
(z) the electrotechnician licence entitles its holder to serve on all ships as electrical technician;
(aa) an electric officer's licence entitles his holder to serve on all ships as electric officer.
(2) The authorisation referred to in paragraph 1 shall not apply to special ships.
Details of issue of certificates
(1) The Authority shall issue a licence on the basis of a licence application. The model of the licence application is set out in Annex 3.
(2) The licence application shall be supported by:
(a) a medical certificate which may not exceed 3 months;
(b) documents certifying the applicant's competence in accordance with Annex 4;
(c) valid documents certifying the qualification attestations referred to in Annex 4;
(d) a document proving the prescribed experience on the ship as set out in Annex 4,
(e) photographs which comply with the requirements laid down in a specific legislation, hereinafter referred to as "photographs." 5)
The licence shall be issued to a natural person who:
(a) has demonstrated medical fitness to perform the relevant activities on board the ship;
(b) has demonstrated competence to perform the relevant activities on board the ship;
(c) has reached the age of 18, unless otherwise provided for in this Decree;
(d) be eligible for legal action.
The Authority shall indicate on the licence when it is issued that the applicant is entitled to perform the functions and individual expertise arising from the licence held by him on a special ship, if the applicant has completed the course under an international contract bound by the Czech Republic, 1) and shall provide evidence of the successful completion of the course.
Certificate of licence
(1) The Office shall issue a certificate of licence pursuant to Paragraph 46 (3) of the Act on the basis of a written request for certification of licence. The application for certification of a licence shall include:
(a) personal data and permanent residence of the applicant;
(b) the registration number of the applicant's licence.
(2) The application for certification of a licence must be supported by:
(a) a valid medical certificate;
(b) a document certifying:
1. the maximum duty on a ship which may be performed on a ship on the basis of a licence held by the applicant for certification of a licence for a period of at least 1 year in the last 5 years prior to the application;
2. carrying out activities related to the professional competence of the applicant, which the Office shall recognise as equivalent to those carried out in the performance of the highest duties that can be performed on a ship on the basis of a licence held by the applicant for certification of the licence, during the last 5 years prior to the application,
3. successful completion of the course conducted in accordance with the Stcw Code and approved by the Office in the last 6 months prior to the application; or
4. duty on board the ship for at least 3 months immediately preceding the date on which the application was submitted, in the second highest function that can be performed on the ship on the basis of a licence held by the applicant for certification of the licence;
(c) officially certified copies of qualification certificates certifying the knowledge included in the requirements for obtaining the relevant competence.
The model of the licence and the model of the certificate are set out in Annex 5.
Recognition of certificates
(Paragraph 47 (2) of the Law)
(1) The Office shall recognise a licence issued by the competent authority of the Member State of the International Maritime Organisation6) pursuant to the Stcw Code (hereinafter referred to as the "foreign licence") by issuing a certificate of recognition of the licence on the basis of a written application for certification of the licence. The application for certification of a licence shall contain the personal data and the residence of the applicant.
(2) The application for certification of a licence must be accompanied by:
(a) a valid medical certificate;
(b) a document certifying:
1. the maximum duty on a ship which may be performed on a ship on the basis of a foreign licence held by the applicant for certification of the licence, for at least 1 year in the last 5 years before the application,
2. carrying out activities related to the professional competence of the applicant, which the Office shall recognise as equivalent to those performed in the performance of the highest duties that may be performed on board a ship on the basis of a foreign licence held by the applicant for certification of the licence, during the last 5 years prior to the application,
3. successful completion of the course conducted in accordance with the Stcw Code and approved by the Office in the last 6 months prior to the application; or
4. the service on board the ship for at least 3 months immediately preceding the date on which the application was submitted, in the second highest function that may be performed on the ship on the basis of a foreign licence to which the applicant holds the certificate of certification;
(c) a Protocol on the successful conduct of the examination of maritime law and the English language as set out in Annex 6 to the Office's commission in respect of the performance of its duties at the command level;
(d) by the original or an officially certified copy of the valid foreign licence, accompanied by a valid endorsement confirming the duration of the medical and fitness of the holder to perform his duties on board a ship under an international contract bound by the Czech Republic, 1)
(e) photographs.
(3) The documents referred to in paragraph 2 (a) and (c) may not exceed 3 months.
(4) The certificate of certification shall be issued by the Authority for a maximum period of 5 years.
(5) A model certificate certifying the certification of a licence is given in Annex 5.
(1) The Authority, in accordance with the Stcw Code, shall issue to the applicant a certificate of certification of certification, pending the issue of a certificate of certification of licence, a provisional certificate of competence which replaces the certificate of certification of licence if the application referred to in Paragraph 18 (1) is also signed by the operator and supported by evidence demonstrating the urgency of the case.
(2) On the basis of the provisional proof of competence, the applicant may perform a function corresponding to his / her competence during the period of validity of the provisional proof of competence. The period of validity of the provisional proof of eligibility shall be no more than 3 months.
The Authority shall withdraw the certificate of recognition of the licence or, where applicable, the provisional certificate of competence if the holder of the licence:
(a) in the performance of its duties, endanger the health or life of a crew member of a ship or of persons carried;
(b) in the performance of its duties, it has put at risk the safety of sea navigation or shows deficiencies which may jeopardise the safety of sea navigation;
(c) in the performance of his duties, he or she has seriously infringed or violated the obligations arising from this decree, the Maritime Code or the International Convention on Maritime Navigation, which the Czech Republic is bound by, 7)
(d) shall not prove at the Office's request that its competence to perform duties on board a ship is maintained;
(e) does not undergo a preventive medical examination within 10 days of the expiry date of the assessment;
(f) no medical fitness,
(g) has no legal capacity; or
(h) he has been convicted of a criminal offence committed intentionally if he is not looked at as if he were not convicted.
Withdrawal and detention of a licence
(Paragraph 50 (4) of the Law)
The reason for the detention or withdrawal of a licence is in particular:
(a) repeated conduct contrary to maritime practice and the principles of good maritime practice;
(b) serious infringements of the rules on occupational safety;
(c) repeated work on a ship under the influence of alcohol or other narcotic drugs and psychotropic substances;
(d) the medical condition of a crew member not fully compliant with the health requirements for the performance of duties;
(e) the expiry of the assessment and the absence of a preventive medical examination within 10 days of the expiry date of the assessment;
(f) a final conviction for an offence committed intentionally if the holder of a licence is not regarded as not being convicted;
(g) a serious professional error resulting in the death or injury of persons or a significant damage to property;
(h) the loss of legal capacity.
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Regulation Information
| Citation | Decree of the Ministry of Transport and Communications No. 450 / 2000 Coll., on the Captain's promise, examinations, professional and medical fitness of crew members, certificates of competency, marine books and health care of crew members |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.12.2000 |
|---|---|
| Effective from | 22.12.2000 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Transport
Administrative law
The regulation text is for informational purposes only.
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