Government Regulation No. 96 / 2016 Coll.
Government Regulation on pleasure craft and jet scooters
Valid
Regulation
Effective from 15.04.2016
Text versions:
15.04.2016
31.03.2016
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96
GOVERNMENT REGULATION
of 16 March 2016
on recreational craft and water scooters
The Government orders pursuant to Sections 4, 5 (1), (2) and (5), 6 (2) to (4), 7, 8 (2), 4 and 5, 9 (2), 11, 12, 14 (2), 15 (1) and (2), 34 (2) to (4), 35 (2), 37 (2) and 50 (5) of Act No 90 / 2016 Coll., on conformity assessment of specified products when making them available on the market (hereinafter referred to as "the Act '):
Subject matter
This Regulation implements the relevant European Union1 Regulation and provides for
(a) requirements for vessels, their components and propulsion engines;
(b) the method of conformity assessment;
(c) the conditions and rules for drawing up the EU declaration of conformity and for affixing the CE marking;
(d) the procedures for making products available on the market; and
(e) details of the activities of economic operators and notified bodies in conformity assessment.
Product intended for conformity assessment
(1) The product intended for conformity assessment under this Regulation (the product) is:
(a) a recreational vessel, a partially completed recreational vessel and a recreational vessel subject to major modification;
(b) a jet ski, a partially completed jet ski and a jet ski subjected to major modifications,
(c) part of a vessel placed on the market separately, which is:
1. equipment to protect built-in and stern petrol engines and fuel tanks against unwanted ignition;
2. a device to protect against the start of the trailer engine with the gear being switched on,
3. steering wheel, steering mechanism and system of control ropes,
4. a fuel tank designed for fixed installation and a fuel hose; or
5. skylight and prefabricated passage,
(d) a propulsion engine which is:
1. installed or intended to be installed on or inside a vessel;
2. installed on or inside the vessel and subject to greater modification.
(2) The product is not
(a) a vessel designated by the manufacturer and designated exclusively for racing and rowing by the manufacturer and designated for training;
(b) a scooter designed by the manufacturer for non-sporting or recreational purposes;
(c) canoes and kayaks designed and constructed to be powered only by human power, gondola and pedal;
(d) surf,
(e) an original historical vessel designed and manufactured before 1950 and its single replica, made predominantly of original materials and not mass-produced if marked as such by the manufacturer,
(f) a test vessel on which new technical knowledge in the construction or technology of production is verified, unless marketed;
(g) a vessel and a propulsion engine which are manufactured for its own use, provided that they are not placed on the market of the European Union within 5 years of their entry into service;
(h) a vessel approved for the carriage of passengers in the course of foreign water transport operations;
(i) a submersible vessel;
(j) hovercraft;
(k) ships carrying wings;
(l) a steam-powered vessel with an external combustion plant for coal, coke, wood, oil or gas;
(m) a motor vehicle, wheeled or belt, which may be operated on both water and land;
(n) a propulsion engine which is installed or intended to be installed on a vessel or motor vehicle as referred to in (a), (f), (h), (i), (j), (k) and (m); and
(o) the original historical propulsion engine and its individual replica, manufactured according to design from before 1950, not mass-produced and installed on the vessel referred to in (e) or (g).
Technical requirements
(1) The essential technical requirements to be met by the product are set out in Annex 1 to this Regulation.
(2) The requirements laid down need not be met by a product presented at fairs, exhibitions or similar events, provided that it is clearly and clearly indicated that it does not meet the requirements laid down and must not be made available on the market or put into service in a Member State of the European Union until compliance with those requirements is ensured.
Technical documentation
(1) The technical documentation shall contain:
(a) a description of the product;
(b) technical data on the product, in particular the conceptual design, the results of the calculations concerning the product design, drawings and diagrams of the components, subassemblies and circuits;
(c) descriptions and explanatory notes necessary for the assessment of drawings, diagrams and operation of the product;
(d) a list of harmonised standards to which references have been published in the Official Journal of the European Union, where those standards have been applied in whole or in part, and a description of the technical solutions chosen to meet the technical requirements, unless those standards have been applied;
(e) the results of the checks carried out and other relevant data for the process of verifying the conformity of the product with the essential technical requirements;
(f) test reports or calculations relating to the stability of the vessel in accordance with point 3.2 of Part A of Annex 1 to this Regulation and the lift in accordance with point 3.3 of Part A;
(g) exhaust emission test reports demonstrating compliance with Section 2 of Part B of Annex 1 to this Regulation;
(h) noise emission test reports demonstrating compliance with Section 1 of Part C of Annex 1 to this Regulation; and
(i) other data necessary to demonstrate the conformity of the product with the essential technical requirements.
(2) The retention period of the technical file is 10 years from the placing on the market or, in the case of a private importer, 10 years from the entry into service of the product.
Information, contact and identification data and user manual
(1) The product information and identification data are the type, batch or serial number number or other indication enabling the product to be clearly identified.
(2) The identification and contact details are the name or registered trade mark and delivery address of the manufacturer or importer at which the manufacturer or importer can be contacted.
(3) The instructions and safety information attached to the product are contained in the user manual, the particulars of which are set out in Part A, point 2.5, Part B, Section 4 and Part C, Section 2 of Annex 1 to this Regulation.
Additional tests and product records
(1) In cases where a product is suspected to pose a risk to life, health or the environment, the manufacturer and importer shall carry out tests on product samples and other necessary investigations concerning products made available on the market. Tests on samples of products or other investigations shall be carried out to the extent necessary to confirm or refute the suspected occurrence.
(2) In the cases referred to in paragraph 1, the manufacturer and the importer shall keep records of non-compliant products and products withdrawn from circulation. This register shall contain at least:
(a) information and identification data on the non-compliant or withdrawn product;
(b) the date of the examination or investigation concerning the product;
(c) a description of the defect reported by the product; and
(d) the corrective measures taken.
(3) The manufacturer and the importer shall inform the distributors to whom they have supplied the products of the facts referred to in paragraphs 1 and 2.
Distributor procedures
The distributor shall always verify that:
(a) the product bears the CE marking;
(b) the product is accompanied by a declaration of conformity,
(c) the product is accompanied by a user manual in the Czech language; and
(d) the product is accompanied by the particulars provided for in Article 5.
Time of identification of operators
(1) The period for which operators, at the request of the competent supervisory authorities, identify the economic operator who supplied the product or delivered the product to them, shall be 10 years from the date of delivery of the product.
(2) The period for which a private importer, at the request of the competent supervisory authorities, identifies the economic operator who delivered the product to him shall be 10 years from the date of delivery of the product.
Conformity assessment
The conformity assessment procedure for products with basic technical requirements is set out in Annex 2 to this Regulation.
EU declaration of conformity
(1) The EU declaration of conformity is drawn up and a copy thereof is attached to all products except partially completed vessels.
(2) The EU declaration of conformity shall contain the particulars set out in Annex 3 to this Regulation and the particulars set out in the relevant conformity assessment modules set out in Annex 2 to this Regulation.
(3) The retention period of the EU declaration of conformity is 10 years after the product has been placed on the market.
Declaration by the manufacturer or importer of the partially completed vessel
The declaration by the manufacturer or importer of the partially completed vessel shall contain:
(a) the name and address of the manufacturer;
(b) the name and address of the representative of the manufacturer established in the European Union or, where appropriate, of the person responsible for placing on the market a partially completed vessel;
(c) a description of the partially completed vessel;
(d) a declaration stating that a partially completed vessel:
1. satisfy the essential technical requirements applicable to the state of disassembly of the vessel, including a list of the harmonised standards applied to which the references in the Official Journal of the European Union have been published, or the specifications on the basis of which conformity in the state of disassembly of the vessel is declared; and
2. is intended to be completed by another manufacturer.
Rules for affixing the CE marking
(1) The CE marking shall be affixed to a product with the exception of a partially completed vessel which complies with the essential technical requirements and for which compliance has been verified by the conformity assessment procedure.
(2) If, in the case of a part of a vessel, it is not possible to attach the CE marking directly to the part of the vessel due to its size or nature, the CE marking shall be affixed to the packaging and to the documents accompanying it. In the case of a vessel, the CE marking shall be affixed to the manufacturer's label, which shall be affixed separately from the vessel identification number. In the case of a propulsion engine, the CE marking shall be attached to the engine.
Formal deficiencies
A formal deficiency, the non-removal of which allows the supervisory authority to decide on the adoption of the relevant safeguard measures, shall be deemed to be a deficiency consisting of:
(a) the CE marking has not been affixed or affixed in contravention of this Regulation;
(b) the declaration of conformity or the declaration of the manufacturer of the propulsion engine or of the operator of the engine modification has not been drawn up in accordance with this Regulation;
(c) the technical documentation is not available or incomplete;
(d) identification and contact details have not been provided, or false or incomplete data have been given; or
(e) another formal requirement laid down in § 6 or § 8 of the Act has not been met.
Transitional provision
Products complying with the requirements of Government Regulation No 174 / 2005 Coll., laying down technical requirements for recreational craft and their selected parts, for water scooters and propulsion engines of recreational craft and water scooters, as effective before the date of entry into force of this Regulation, may continue to:
(a) made available on the market if they were placed on the market or put into service before 18 January 2017; or
(b) put into service if they were placed on the market before 18 January 2017.
Repeal
Government Decree No. 174 / 2005 Coll., laying down technical requirements for recreational craft and their selected parts, for jet skis and propulsion engines for recreational craft and for jet skis, is hereby repealed.
Efficacy
This Regulation shall enter into force on the 15th day following its publication.
Prime Minister:
Sobotka v. r.
Minister for Transport:
Ing.
Příloha č. 1
Annex No 1 to Government Regulation No 96 / 2016 Coll.
BASIC TECHNICAL REQUIREMENTS
A. TECHNICAL REQUIREMENTS FOR PROPOSAL AND CONSTRUCTION OF PRODUCTS
1. Design categories of vessels
1.1 The design categories of the vessel are defined as follows for the purposes of this Regulation:
(a) Vacation craft included in the design category A shall be considered a vessel designed for wind power that may exceed degree 8 by Beaufort scale and a significant wave height that may exceed 4 m, but excluding unusual climatic conditions, in particular storms, storms, hurricanes, tornadoes and exceptional conditions at sea, or hazardous waves.
b. A recreational vessel classified in design category B shall be considered as a vessel designed for wind power reaching degree 8 according to the Beaufort scale and a significant wave height of up to 4 m.
(c) A vessel classified in design category C shall be deemed to be designed for wind power reaching degree 6 according to the Beaufort scale and a significant wave height of up to 2 m.
(d) Vessel in the design category D is considered to be a vessel designed for wind power reaching level 4 and a significant wave height of up to 0,3 m, with occasional waves of height up to 0,5 m.
| Konstrukční kategorie | Síla větru (Beaufortova stupnice) | Významná výška vln (H ⅓, m) |
|---|---|---|
| A | nad 8 | nad 4 |
| B | do 8 včetně | do 4 včetně |
| C | do 6 včetně | do 2 včetně |
| D | do 4 včetně | do 0,3 včetně |
1.2 Vessels of all construction categories shall be designed and constructed in such a way as to withstand these parameters in terms of stability, lift and other similar requirements in accordance with this Annex and have good manoeuvring capabilities.
2. General requirements
2.1. Each vessel shall bear an identification number including the following information:
(a) the code of the country where the manufacturer is established;
(b) the unique code of the manufacturer;
(c) the unique serial number of the product,
(e) the year of the model.
The detailed requirements for the vessel identification number are laid down in the relevant harmonised standard.
2.2. Vessel manufacturer's label
2.2.1. Each vessel shall be permanently affixed to the manufacturer's label, located separately from the vessel identification number, and shall bear at least the following information:
(a) the name or registered trade mark and delivery address;
(b) the CE marking,
(c) the design category of the vessel,
(d) the highest load recommended by the manufacturer in accordance with paragraph 3.6, except for the mass of the solid tank contents; and
(e) the number of persons recommended by the manufacturer for which the vessel is proposed.
2.2.2. In the case of an assessment under Article 34 (2) to (4) of the Act, the data referred to in point (a) shall include data relating to the notified body which carried out the conformity assessment.
2.3 Protection against overboard falls and means of re-boarding
The vessel shall be designed in such a way as to minimise the risk of overtaking and facilitate the return of the vessel. The means of re-entry shall be accessible and applicable to a person in water without any assistance.
2.4 View from the main steering position
In the case of recreational craft, the main steering position of the vessel provides a good versatile view to the helmsman under normal operating conditions.
2.5. User manual
The user manual shall contain all the information necessary for the safe use of the product, paying particular attention to settings, maintenance, proper operation, risk prevention and risk management.
3. Strength and construction requirements
3.1 Construction
The selection and combinations of the materials of the vessel and its construction shall ensure that the vessel is sufficiently firm in all respects, in particular with regard to the design category of the vessel and the maximum load recommended by the manufacturer in accordance with paragraph 3.6.
3.2. Vessel stability and free flank
The vessel shall have sufficient stability and free flank corresponding to the design category of the vessel and the highest load recommended by the manufacturer in accordance with paragraph 3.6.
3.3 Exhaust and floatability
3.3.1. The vessel shall be designed in such a way as to ensure lift characteristics corresponding to the design category of the vessel and the highest load recommended by the manufacturer in accordance with paragraph 3.6. All mobile multi-hull recreational craft at risk of overturning shall have sufficient lift to remain on the surface in the inverted position.
3.3.2 Ships with a hull length below 6 metres, which, depending on their design category, are vulnerable to flooding, are equipped with suitable means of floating in order not to sink during flooding.
3.4 Hull, deck and superstructure openings
3.4.1 The openings in the hull, deck and superstructure do not interfere with the structure of the vessel and, if closed, ensure tightness against the external environment.
3.4.2 Windows, skylights, doors and hatch hatches will withstand the water pressure likely to be exposed to due to their location, as well as the local load caused by the weight of persons moving on board.
3.4.3. Armatures enabling the flow of water into or out of the hull located below the waterline which corresponds to the highest load recommended by the manufacturer in paragraph 3.6 shall be fitted with readily accessible seals.
3.5 Heating
3.5.1. All vessels are designed to minimise the risk of sinking.
3.5.2 Special attention is paid where necessary
(a) cockpit and sinks equipped with self-drainage or other means of preventing water entering the vessel's internal premises;
(b) the closure of the ventilation device; and
(c) the removal of water by pumps or other means.
3.6 Highest load recommended by the manufacturer
The maximum load recommended by the manufacturer to take into account the mass of fuel, water, supplies, various equipment and persons for which the vessel is designed shall be determined in accordance with the design category of the vessel, its stability and the requirements for free flank, lift and flotation.
3.7 Storage of life-raft
All recreational craft of design category A and B and recreational craft of design category C and D with a hull length exceeding 6 metres shall have one or more seating positions of a life raft or raft of sufficient size to carry the number of persons recommended by the manufacturer for which the recreational craft is designed. These places are always easy to store.
3.8 Escape route
3.8.1. All residential multi-hull recreational craft with a roll-over risk allow for easy escape from the vessel in case of roll-over. Where there is an escape route for use in the inverted position, the structure of the vessel, its stability and its uplift shall not be disturbed, regardless of whether the recreational vessel is in its normal or inverted position.
3.8.2. Each residential recreational vessel can easily escape in the event of a fire.
3.9 Anchor, tether and towing
All vessels, taking into account their design and characteristics, shall have one or more fixed positions or other means capable of being safely maintained by the forces applied to the mooring, tying and towing of the vessel.
4. Maneuverability
The capability of the vessel is satisfactory even with the most powerful propulsion engine for which the vessel is designed and constructed. For all propulsion engines, the highest rated engine power shall be specified in the user manual.
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Regulation Information
| Citation | Government Decree No. 96 / 2016 Coll., on pleasure craft and water scooters |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.03.2016 |
|---|---|
| Effective from | 15.04.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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