Act No. 61 / 1952 Coll.
Seagoing Act
Valid
Effective from 01.01.1953
Contents
HLAVA I.
§ 1.
§ 2.
§ 4.
§ 5.
HLAVA II.
Oddíl 1.
§ 6.
§ 7.
§ 8.
§ 9.
Oddíl 2.
§ 10.
§ 11.
§ 12.
§ 13.
§ 14.
§ 15.
§ 16.
§ 17.
§ 18.
§ 19.
§ 20.
Oddíl 3.
§ 21.
§ 22.
Oddíl 4.
§ 23.
§ 24.
HLAVA III.
Část 1.
§ 25.
§ 26.
§ 27.
Část 2.
Oddíl 1.
§ 28.
§ 29.
§ 30.
§ 31.
§ 32.
§ 33.
§ 34.
Oddíl 2.
§ 35.
§ 36.
§ 37.
Oddíl 3.
§ 38.
§ 39.
§ 40.
§ 41.
Část 3.
§ 42.
HLAVA IV.
§ 43.
HLAVA V.
§ 44.
§ 45.
§ 46.
HLAVA VI.
§ 47.
§ 48.
§ 49.
§ 50.
HLAVA VII.
§ 51.
§ 52.
§ 53.
§ 54.
§ 55.
§ 56.
§ 57.
HLAVA VIII.
§ 58.
§ 59.
§ 60.
§ 61.
HLAVA IX.
§ 62.
§ 63.
§ 64.
§ 65.
§ 66.
§ 67.
§ 68.
HLAVA X.
§ 69.
HLAVA XI.
§ 70.
§ 71.
§ 72.
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61.
Law
of 29 October 1952
about seagoing.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Initial provision.
The purpose of the law.
Czechoslovak maritime navigation serves primarily the planned development of the Czechoslovak economy and the raising of the standard of living of the population; The State therefore manages and regulates maritime navigation in accordance with the principles of popular democratic establishment and in agreement with international conventions and practices.
State control.
It is for the Ministry of Transport to ensure that maritime navigation under the Czechoslovak flag is carried out in accordance with the provisions of this Act and the regulations issued under it. To this end, it may issue orders and prohibitions and take other appropriate measures.
Ship operator.
The operator of the ship shall be the one who operates the ship on his own behalf, whether or not he is the owner of the ship or operates it under contract with the owner or on any other legal basis.
Scope of the law.
(1) The provisions of this Act apply to ships flying the Czechoslovak flag.
(2) Unless otherwise agreed, the provisions to be issued under this Act shall apply to maritime transport contracts if at least one party is a Czechoslovak citizen or a Czechoslovak legal person.
(3) In disputes concerning the distribution of the remuneration for the provision of assistance between the ship's operator and its crew as well as between crew members, the provisions of the State whose flag was the ship which provided the assistance shall apply.
Navy ship.
The right to sail under the Czechoslovak flag.
Czechoslovak Navy ships.
(1) Czechoslovak seagoing vessels are vessels for which the right to fly is granted under the Czechoslovak flag and which are registered in the Czechoslovak maritime register, after the ship for which the provisional movement certificate has been issued (§ 8).
(2) The right to sail under the Czechoslovak flag may be granted only to ships whose owner or operator is:
(a) the Czechoslovak State;
(b) Czechoslovak legal person,
(c) Czechoslovak citizen.
Ship's certificate.
The right to fly the Czechoslovak flag is granted by the Ministry of Transport for each ship by a special permit (ship certificate).
Provisional movement certificate.
(1) Until the ship's certificate has been issued and until the ship has been entered in the Czechoslovak maritime register, it may fly under the Czechoslovak flag only if it has been issued a provisional movement certificate.
(2) The provisional movement certificate may be issued in urgent cases where the conditions of Article 6 (2) are met. It is issued by the Czechoslovak representative office.
(3) The provisional movement certificate shall be valid for a maximum period of one year.
Dissolution and withdrawal of the right to sail under the Czechoslovak flag.
(1) The right to sail under the Czechoslovak flag expires if the conditions of Paragraph 6 (2) are no longer met.
(2) The Ministry of Transport may at any time withdraw the right to fly the Czechoslovak flag.
Registration of ships in the maritime register.
Naval record.
(1) A ship which has been issued a certificate shall also be entered in the maritime register. He's run by the Department of Transport.
(2) The Ministry of Transport may exempt ships from registration within 20 tonnes. In that case, it shall issue a certificate specifying the purpose of the voyage; the certificate is replaced by a register sheet.
Name of the ship.
(1) Each Czechoslovak seagoing ship has a name which must be clearly different from that of the other ships registered in the Czechoslovak maritime register.
(2) The name of the ship and its amendments are approved by the Ministry of Transport.
Home port.
For Czechoslovak naval ships it is the home (register) port of Prague.
Eligibility of the ship to sail.
(1) Only ships whose seagoing capacity is demonstrated by a certificate of seaworthiness issued by the Ministry of Transport may be entered in the maritime register.
(2) The Ministry of Transport may order the ship to be qualified for navigation.
Sentilation of ships.
Before registration in the maritime register, the ship must be designated and its dimensions documented by an appropriate certificate issued by the Ministry of Transport.
Records in the maritime register.
(1) The following information shall be entered in the maritime register:
(a) name,
(b) the time and place of construction;
(c) dimensions,
(d) gross tonnage,
(e) means of propulsion;
(f) the purpose of the ship's service;
(g) the owner, after the operator,
(h) legal defects on the ship;
(i) the reason and date of removal from the register.
(2) In addition to the above, other information provided by the Ministry of Transport may be entered in the maritime register.
(3) The subject of the registration shall also be changes to the facts referred to in the preceding paragraphs.
Register sheet.
The Ministry of Transport shall issue a register sheet on the registration of the ship.
Type of registration.
(1) Entry into the maritime register shall take place on a proposal or on an official basis.
(2) An application for registration shall be made by the owner, after the operator. It may also be done by another person, provided that he attests to the legal interest and that the factual evidence is sufficient to execute the registration.
(3) The courts, authorities and other authorities are required to notify the Ministry of Transport without delay of decisions and facts relating to entries in the Register.
The effects of registration on third parties.
(1) Once the registration has been made in the maritime register, no one can apologize for his ignorance.
(2) The person acting in confidence in the registration cannot argue that the registration is not comparable to the truth.
The public of the maritime register.
Any person may consult the maritime register and require official copies or certificates from it.
Rules on proceedings in register cases.
More detailed regulations on entries in the maritime register, its management and the public will be issued by the Minister for Transport in agreement with the Minister for Justice.
Ship's charter.
Obligation to have charter. metal things.
(1) The ship must carry:
(a) the ship's certificate, after the provisional movement certificate (Sections 7 and 8);
(b) the register (§ 16), after the certificate referred to in § 10 (2),
(c) the standard sheet (§ 14),
(d) seaworthiness certificate (§ 13);
(e) a list of the crew (§ 27),
(f) logbook,
(g) machinery diary (for machinery or motor-powered ships),
(h) the health journal;
(i) a certificate of the minimum height of the free margin issued by the Ministry of Transport.
(2) In addition to the documents referred to in the preceding paragraph:
(a) a ship carrying more than 12 passengers with a passenger permit issued by the Ministry of Transport;
(b) a ship which has a radio-electric station broadcasting or receiving, a permit to establish and operate a station and a radio-electrical service diary.
(3) The documents referred to in the preceding paragraphs must be in the original on the ship.
(4) For certain types of ships, the Ministry of Transport may provide for exemptions and exemptions from the obligation to have the instruments referred to in paragraphs 1 and 2.
Keeping journals and other shipping documents.
(1) The list of crew and logbook shall be kept by the master of the ship.
(2) The machinery and health diary and the radio-electrical service diary are kept under the supervision of the master.
(3) The form of the shipping documents and more detailed rules for their management are laid down by the Ministry of Transport.
(4) The ship's, machinery and health diary, as well as the radio-electrical service diary, shall be kept by the ship's operator for three years from the date of the last entry into it. At the end of this period, diaries shall be submitted to the Ministry of Transport's archives.
Right of ownership and lien to the ship.
Contracts for the transfer of ownership and the establishment of a lien.
(1) The contracts for the transfer of ownership rights and the establishment of a lien to the ship must be written.
(2) The approval of the Ministry of Transport is necessary for the validity of these contracts.
(3) The approval of the lien creditor is necessary to transfer ownership to the stopped ship.
Registration.
The transfer of ownership and the establishment of a lien on ships registered shall take effect by registration in the maritime register and, in the case of ships flying with a provisional accompanying document, by recording on that sheet.
Ship's crew.
Provisions common.
Ship's crew.
(1) The crew shall consist of the master of the ship (captain), the command corps and the crew.
(2) In addition to the master of the ship, the command corps shall be members of the on-board, machinery and radio-telegraph officers, as well as the ship's physician and operator. All other crew members belong to the ship's crew.
(1) Persons who are Czechoslovak citizens and are competent for the work for which they are established, both physically and mentally and professionally, may be appointed as members of the ship's crew. Exemptions as regards the nationality of crew members are permitted by the Ministry of Transport.
(2) The Ministry of Transport, in agreement with the participating central authorities and the Single Trade Union Organisation, provides details, in particular:
(a) under which conditions citizens of other States may also be designated as members of the crew of a Czechoslovak seagoing ship during the journey;
(b) reception and discharge conditions and other conditions of employment of crew members;
(c) the conditions to be met by crew members with regard to their professional competence;
(d) the order of service on Czechoslovak seagoing ships.
Ship's manifest and personal documents.
Each crew member shall be included in the crew list. In addition, they must have a maritime book issued according to the rules of the State of which they are a citizen. The Ministry of Transport shall lay down details of the model, management and control of the list of crew members, the issue, completion and control of seafarers' books, as well as other documents to be kept by crew members.
Commander of the ship.
Rights and duties in the management of the ship.
Management and management of the ship.
(1) The master of the ship is responsible for the management of the ship, including its nautical management, as well as the right to apply all the measures necessary for the safe conduct of the voyage and for maintaining order on the ship.
(2) The master of the ship shall in particular:
(a) to conduct the ship in accordance with the applicable rules and the rules and practices recognised in general in maritime navigation;
(b) ensure that the ship is in a condition which is fit to carry out the voyage;
(c) ensure that all equipment on board complies with the rules on safety and health at work;
(d) ensure that all documents required for the ship, crew and cargo are on board the ship;
(e) take all measures necessary to avert any damage to the ship or persons and items on board.
Ensuring evidence in an accident.
(1) If there is an accident or a cargo, or if another incident occurs, the master of the ship must report immediately (maritime protest) in the nearest port to the Czechoslovak representative office, following the case of the competent local authority, if the Czechoslovak representative office is not in that port or is not able to reach it. With the report, the master shall present a logbook for inspection at the same time.
(2) The report must contain an account of all major events, in particular a complete and accurate description of the accident, and indicate the means used to avert or reduce damage.
(3) The report shall be submitted by the master of the ship for the co-operation of the crew members who are required to give a true statement of their observations.
Measures in the inevitable destruction of the ship.
If, in the opinion of the master of the ship, the ship is in danger of irreversible destruction, the master shall order when all measures have been taken to save passengers to leave the ship. The master himself will leave the last ship, but he must take all possible measures to save the ship's charter, maps, valuables and cash.
Confiscation and shared food distribution.
(1) If, during a voyage, food stocks are exhausted and are not otherwise available, the master shall be entitled to use the necessary quantities of food belonging to each person on board or transported for common nutritional purposes.
(2) The details are laid down by the Ministry of Transport.
Providing help.
The master of a ship which has received a distress signal or discovered a person in danger at sea shall, if he is able to do so without serious danger to his ship, his crew and other persons on board, be obliged to provide any assistance available to other ships or persons in distress, as appropriate.
Use of pilots.
The master of the ship shall be entitled, if he considers it necessary, to take on his ship, on behalf of the operator of the ship, a pilot, even in places where the use of the pilot is not mandatory under the applicable regulations.
Contact with Czechoslovak representative authorities.
If a Czechoslovak seagoing ship, the Czechoslovak representative office, is in a port to which it has arrived, the master of the ship shall report the arrival of the ship to him, submit to him, upon request, the relevant lists for inspection and inform him of the departure of the ship in due time.
Relation to persons on the ship.
(1) All orders of the master, issued within the limits of his authorisation, must be fulfilled by all crew members as well as passengers and all other persons on board.
(2) The master of the ship shall apply the necessary measures against persons on the ship who have failed to comply with the order. If such a person endangers the safety of a ship or persons or items on board and cannot otherwise avert that danger, the master of the ship shall be entitled to place it in a special space. The master of the ship shall be responsible for the illegal conduct under the Czechoslovak Criminal Code.
(3) The master of the ship may impose disciplinary penalties on members of the crew and, if necessary, release any member of the crew from the service.
Measures to commit a crime.
(1) If someone has committed a criminal offence on a Czechoslovak naval ship under the provisions of the Czechoslovak Criminal Code, the master of the ship shall:
(a) take immediately the necessary measures, as appropriate, to prevent the perpetrator from avoiding liability and to ensure that traces of the offence are not covered;
(b) to hear witnesses and carry out other acts required to ensure evidence;
(c) write a detailed record of the offence, which shall be signed by at least two crew members other than the commander.
(2) In order to implement the measures and acts referred to in points (a) and (b) of paragraph 1, the provisions of the Code of Criminal Procedure on Search apply mutatis mutandis.
(3) The entry referred to in paragraph 1 (c) shall be handed over by the master of the ship, together with witness protocols and objects related to the offence, to the Czechoslovak representative office in whose district the nearest port of arrival is situated. The representative office shall determine in which port the offender is to be surrendered to the competent local authority.
Contents
HLAVA I.
§ 1.
§ 2.
§ 4.
§ 5.
HLAVA II.
Oddíl 1.
§ 6.
§ 7.
§ 8.
§ 9.
Oddíl 2.
§ 10.
§ 11.
§ 12.
§ 13.
§ 14.
§ 15.
§ 16.
§ 17.
§ 18.
§ 19.
§ 20.
Oddíl 3.
§ 21.
§ 22.
Oddíl 4.
§ 23.
§ 24.
HLAVA III.
Část 1.
§ 25.
§ 26.
§ 27.
Část 2.
Oddíl 1.
§ 28.
§ 29.
§ 30.
§ 31.
§ 32.
§ 33.
§ 34.
Oddíl 2.
§ 35.
§ 36.
§ 37.
Oddíl 3.
§ 38.
§ 39.
§ 40.
§ 41.
Část 3.
§ 42.
HLAVA IV.
§ 43.
HLAVA V.
§ 44.
§ 45.
§ 46.
HLAVA VI.
§ 47.
§ 48.
§ 49.
§ 50.
HLAVA VII.
§ 51.
§ 52.
§ 53.
§ 54.
§ 55.
§ 56.
§ 57.
HLAVA VIII.
§ 58.
§ 59.
§ 60.
§ 61.
HLAVA IX.
§ 62.
§ 63.
§ 64.
§ 65.
§ 66.
§ 67.
§ 68.
HLAVA X.
§ 69.
HLAVA XI.
§ 70.
§ 71.
§ 72.
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Regulation Information
| Citation | Act No. 61 / 1952 Coll., on Maritime Navigation |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.11.1952 |
|---|---|
| Effective from | 01.01.1953 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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