Regulation No 75 / 1953 Coll.
Regulation implementing certain provisions of the Maritime Code
Valid
Effective from 14.09.1953
75.
Order of the Minister for Transport
of 25 August 1953
implementing certain provisions of the Maritime Navigation Act
The Minister of Transport hereby orders, in agreement with the participating members of the Government pursuant to § 20, § 22 paragraph 3 and § 70 of Act No. 61 / 1952 Coll., on maritime navigation hereinafter ("the Act '):
Initial provision.
Ships by law (hereinafter referred to as "ships') shall mean ships intended and regularly used for maritime navigation, regardless of the purpose to which such ships serve, but not military ships.
The right to sail under the Czechoslovak flag.
(1) The right to sail under the Czechoslovak flag may be granted only to a ship not registered in the foreign maritime register. If the ship has not yet been registered in any maritime register, the operator shall submit a declaration of honour that he does not intend to have it entered in the foreign maritime register. If the ship has already been entered in such a register, proof of its deletion must be provided.
(2) A ship which is co-owned by Czechoslovak and foreign persons may be granted the right to fly the Czechoslovak flag only if the use of the ship is ensured for the purpose set out in Section 1 of the Act.
(1) The Czechoslovak flag is the Czechoslovak flag.
(2) The Czechoslovak ships raise the Czechoslovak flag on the flag poles at the rear or at the rear of the mast or in other usual ways. No other flag or emblem shall be placed in the place designated for the Czechoslovak flag.
(3) Detailed provisions on the use of the Czechoslovak flag and other flags are laid down by the Ministry of Transport in the order of service on Czechoslovak seagoing ships.
(1) The right to sail under the Czechoslovak flag imposes an obligation to carry the flag honestly and in honour, to admit it wherever international rules and practices so require, and to observe these rules and practices in the open sea, coastal waters and ports.
(2) The right to sail under the Czechoslovak flag shall be demonstrated by a valid certificate or a provisional movement certificate.
(3) Czechoslovak representative offices based in maritime ports supervise the maintenance of these provisions.
(1) The application for a ship's certificate shall be accompanied by an application for registration of the ship in the Czechoslovak maritime register (hereinafter referred to as the register), unless the ship is exempted from the obligation to register.
(2) When issuing a ship's certificate, the Ministry of Transport may determine the conditions and reservations it deems necessary; Such conditions and reservations may be amended or revoked at any time.
(1) An interim movement certificate may be issued only where a ship which otherwise fulfils the conditions for granting the right to fly the Czechoslovak flag cannot, for imperative reasons, await the issue of a certificate.
(2) The issue of an interim movement certificate and the indication of any changes to the facts listed therein shall be requested from the Czechoslovak representative's office in whose jurisdiction the ship has arrived or is due to arrive.
(3) The Czechoslovak representative office will request the expression of the Ministry of Transport before issuing the provisional accompanying document. When a provisional movement note is issued, the Czechoslovak representative office may determine the conditions and reservations it deems necessary.
(4) If a ship receives a ship's certificate, if the ship's right to fly under the Czechoslovak flag or if that right is withdrawn, the provisional accompanying note shall be returned immediately to the office which issued it. The same applies if the provisional movement certificate expires.
(1) The Ministry of Transport may withdraw the right to fly the Czechoslovak flag if the reasons for the economic or any reason of general interest so require or if the operator of the ship:
(a) it does not retain the conditions and reservations laid down when the ship's certificate or provisional movement certificate is issued;
(b) operate a ship's voyage in a manner contrary to the rules in force;
(c) fails to comply with the obligations arising from the right to fly the Czechoslovak flag (§ 4 (1));
(d) has made incorrect information in the application for a ship's certificate or provisional movement certificate or in the application for registration of a ship or has omitted to report any change in the relevant facts and legal circumstances entered in the register;
(e) no longer uses ships for maritime navigation.
(2) If the right to fly under the Czechoslovak flag or if the right is withdrawn, its operator is obliged to return the ship's certificate to the Ministry of Transport.
Registration of the ship.
Only ships may be entered in the register which:
(a) have a ship's certificate;
(b) have a certificate of seagoing competence in accordance with Article 13 of the Act;
(c) they are branded and may prove their size by means of an instrument issued under Paragraph 14 of the Act.
Ships with a gross tonnage of up to 20 tonnes shall be exempt from registration. However, at the operator's request, such ships may also be registered.
(1) The register consists of a register book and a register file.
(2) The register files shall contain the documents according to which the entries in the register have been made or are to be made. In addition, the file log shall be kept in the register cases and the necessary names.
(3) The Ministry of Transport will issue directives on the composition and keeping of the register.
(1) The following ship information shall be entered in the register:
(a) the name of the ship;
(b) the year, place and method of construction;
(c) the call sign of the radio station;
(d) dimensions;
(e) gross tonnage in tonnes and cubic metres;
(f) means of propulsion;
(g) the purpose of the ship's service;
(h) the owner (co-owners) and, if the ship is not operated by the owner, its operator,
1. in the case of a physical person, his name and surname, nationality and residence;
2. in the case of a legal person, its name and registered office as well as the name, surname and address of the persons entitled to act on its behalf;
(i) if the vessel is co-owned, the amount of the shares of each co-owner;
(j) the legal reason for acquiring ownership (co-ownership) of the ship;
(k) the legal reason on the basis of which the operator uses a ship not in its sole ownership;
(l) legal defects (liens) linked to a ship or to individual shares in a ship;
(m) the date of registration;
(n) the serial number under which the ship is registered;
(o) the reason and date of the deletion of the vessel from the register.
(2) In addition to the name of the ship on the date of registration, its previous name or designation under which it was entered in the foreign register shall also be entered.
(3) The radio station call sign shall be designated by the Ministry of Communications and communicated to the Ministry of Transport.
(4) The dimensions (length, width and height) of the ship and its gross tonnage are recorded in the register on the basis of official measurements. If the official measurement of the ship has not been carried out by the Czechoslovak authorities, the size and gross tonnage of the ship shall be recorded according to other official certificates issued or certified, in particular by the foreign exchange certificate. The type of such cards should be noted in the register.
(5) The Ministry of Transport may, at its discretion, enter in the register a fact which is not listed in the preceding paragraphs if this is required for the purpose to which the public of the register serves.
(1) Each ship, even if not registered, must have its name on both sides of the bow and its name on the stern and the name of the home port.
(2) The name of the ship may consist of one or more words to which individual letters and figures may be attached.
(3) It shall not be permitted to use names other than those entered in the register and in the ship's charter, to transfer that name, to make them unidentifiable or to attach inscriptions which may affect its clarity.
(1) A ship registered must be deleted from it:
(a) in the event of its complete destruction;
(b) if the Ministry of Transport has found its correction ineffective;
(c) if its right to fly the Czechoslovak flag has ceased or has been withdrawn from it.
(2) The complete destruction of the ship is equal to its disappearance, lasting for one year.
(3) A ship not subject to registration and registered at the operator's request may be deleted at any time on its proposal.
(4) The operator of the ship deleted from the register shall immediately return to the Ministry of Transport the certificate and the register certificate, following the exemption certificate from the registration obligation.
Changes in the facts and legal circumstances recorded in the register shall also be indicated immediately in the relevant shipping documents. To this end, the Ministry of Transport must be presented at the same time as the proposal for registration of the change also with the instruments of the ship concerned. The Ministry of Transport may issue new documents on the basis of a proposal from the applicant if the applicant has also returned the existing documents. The Czechoslovak representative office may be entrusted with the indication of changes in the documents.
(1) Applications for registration must be made without delay. Proposals shall be submitted in writing and may cover only one ship at a time.
(2) If the operator of the ship is resident abroad, he must establish an agent resident in the country to represent him in the register.
(3) If there are more than one person required to submit a proposal, one of them shall suffice.
(1) The submissions shall contain precise information on all facts and legal circumstances to be registered, in particular:
(a) the name, surname and address (name and address) of the applicant and of the other parties, in the case of their agents or legal representatives;
(b) a brief description of the facts and indications of the documents relied on by the applicant;
(c) a proposal;
(d) the officially certified signature of the applicant.
(2) Submission by telegraphic means without the particulars referred to in the preceding paragraph must be repeated within three days by written submission. If the telegraphic submission was required, the lack of signature should be removed within three days by an additional brief written submission. At the same time, the necessary documents must be presented. If these time limits are missing, the telegraphic submission cannot be taken into account.
(1) The fact proposed for registration must be demonstrated by the documents. The signature of the parties on the private documents shall be officially verified.
(2) The documents must be presented in the original and in one officially certified copy and, if the original cannot be presented, in two officially certified copies. If the applicant fails to comply with this obligation, although he has been called upon to do so, the necessary copies shall be made for the applicant's cargo; the appellant must be made aware of that in the invitation.
(1) An official registration shall be carried out where specifically provided for.
(2) In order to ensure compliance of the status of the register with the actual status, the Ministry of Transport may register on an official basis in other cases and establish the necessary factual background. In that case, it shall first invite the person required to submit the application to fulfil its own obligation.
(1) Everyone may consult and request an official copy or certificate from the register. Only those with a legal interest may consult and request an official copy or confirmation of the register; The Ministry of Transport shall decide in doubt.
(2) The inspection of the register and the issue of copies or certificates may be refused if the general interest so requires, in particular economic or national secrecy.
Rules on administrative procedures shall apply to proceedings in matters of registers under the law and this Regulation, unless otherwise specified therein.
Right of ownership and lien to the ship.
(1) Unless otherwise provided for in law or in this Regulation or in international conventions, the right of ownership and lien to a ship or to individual shares in a ship shall be governed by the provisions of the Civil Code on the property and lien to movable items.
(2) Paragraph 23 of the Act applies to all ships, whether registered or not, as well as to the transfer of ownership rights and the establishment of a lien to share in the ship.
(3) Paragraph 24 of the Law also applies to the transfer of ownership and to the establishment of a lien to a ship by law or by official statement.
(4) The Ministry of Transport may refuse the approval of a contract of transfer of ownership or of the establishment of a lien on a ship if the approval is contrary to reasons of economic or even general interest.
(1) All items entered in the ship's inventory shall be considered as accessories to the ship covered by the lien established to the ship in doubt.
(2) The rank of lien for a ship registered shall be governed by the time when the Ministry of Transport has received the application for registration; If several proposals have been made at the same time, the liens are in the same order.
(3) The lien established prior to the registration of the ship, after the provisional movement certificate has been issued, shall be applied against the registered owner of the ship and against creditors whose lien is registered only if, at the time of the creation of their rights, they knew or had to know of such lien.
(4) If the claim or the security of the claim is lost by a lien entered in the register, the lien creditor shall be required to issue a document according to which the lien may be entered in the register of liens.
(5) The lien on the ship entered in the register will not cease to exist. A registered lien creditor shall be notified of the deletion of the ship.
(1) If the registration relating to ownership or lien does not correspond to the actual legal situation, anyone who is affected by the inaccuracy of the registration may apply for rectification. The Ministry of Transport shall make a correction, if the persons concerned agree, or on the basis of a final decision relating to the issue at issue.
(2 If proof is provided that the lien has been unjustly removed, the Ministry of Transport will comply with the resistance. In this case, the lien shall be taken into account as if it had not been deleted.
(1) Paragraph 22 (1) and (2) shall apply mutatis mutandis to the alert on the transfer of ownership and on the establishment of a lien to a ship which operates with a provisional accompanying document.
(2) The lien, recorded in the provisional accompanying document, shall be transferred to the register at the time of the registration of the ship in the same order, unless it has disappeared by the date of registration.
Transitional and final provisions.
Ships' instruments, issued in matters governed by this Regulation before its entry into force in accordance with the existing rules, shall remain valid until their replacement for instruments under this Regulation. The time of exchange shall be determined by the Ministry of Transport.
The Czechoslovak representative offices shall follow the guidelines and guidelines issued by the Ministry of Foreign Affairs in agreement with the Ministry of Transport when procuring the tasks arising from the law and from this Regulation.
This Regulation shall enter into force on the day of its publication.
Broad v. r.
A. Pospíšil v. r.
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Regulation Information
| Citation | Regulation No. 75 / 1953 Coll., implementing certain provisions of the Maritime Navigation Act |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.09.1953 |
|---|---|
| Effective from | 14.09.1953 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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