363. Regulation of the Federal Minister of Transport, Innovation and Technology, with which the Bodensee-Schifffahrts-Order is changed

On the basis of Section II of the Convention on Shipping on Lake Constance, including Appendix and Additional Protocol, BGBl. No 632/1975, and Section II of the Treaty on shipping on the Old Rhine, BGBl. No. 633/1975, is to be found on the date of the 24-year-old. Decisions of the International Maritime Commission for the Lake Constance adopted pursuant to Article 19 (2) of the Convention on Shipping on Lake Constance in October 2012 and 17 April 2013:

The regulation of the Federal Minister of Transport on the shipping on Lake Constance (Bodensee-Schifffahrts-Order-BSO), BGBl. No 93/1976, as last amended by BGBl. III No 142/2005, shall be amended as follows:

1. § 0.01. with headline reads:

" Scope

§ 0.01. This Regulation shall apply to:

1.		the Lake Constance, including Untersee,
2.		the Old Rhine from the Rheineck-Gaissau bridge to the mouth of the Lake Constance,
3.		the New Rhine from the Hard-Fussach bridge to the mouth of the Lake Constance and
4.		the Rhine routes between Konstanz and the tram bridge Schaffhausen-Feuerthalen. "

2. § 0.02. lit. p is:

" p)		"S p o r t b o o t-R i c h t l i n i e": Directive 94 /25/EC on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft, OJ L 327, 30.4.1994, p. No. 15., as last amended by Regulation (EC) No 1137/2008 adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999 /468/EC, with regard to the regulatory procedure with Control, OJ No. OJ L 311, 21.11.2008, p. 1.

3. § 0.02.lit. q is:

" (q)		" w a s e r g e r e r e r e s o f o f o f e r e s e r e s e r e s e r e r e r e r e r e r e s
1.		pursuant to Part 4 of Annex I to Regulation (EC) No 1272/2008 on the classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67 /548/EEC and 1999 /45/EC and amending Regulation (EC) No 1907/2006, 1. No. 1., classified as dangerous to the environment, and the hazard warning (GHS09) as well as the hazard warning H400, H410 or H411 , or
2.		pursuant to Directive 67 /548/EEC on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances, OJ L 327, 28.8.67. No. 1, or Directive 1999 /45/EC on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations, OJ L 196 of 16.8.1999, p. No. 1, to be classified as dangerous for the environment, with the symbol N, the indication of danger "dangerous for the environment" and the hazard warning R50 or R51, also in combination with the danger warning R53;

4. § 0.02. lit. r is:

" r)		"g e f ä h r l i c h e G ü t e r": substances and articles, the transport of which is carried out in accordance with the Annex to the European Convention on the International Carriage of Dangerous Goods by Inland Waterways (ADN), including the Regulation and the Declaration, BGBl. III No 67/2008, as amended, and Annexes A and B to the European Convention on the International Carriage of Dangerous Goods by Road (ADR), BGBl. No 522/1973, as amended, prohibited or permitted only under the conditions laid down in these Conventions; '

5. The 4. Main item receives the heading "Sound signs and speech radio" .

6. In accordance with § 4.04. the following § 4.05. with headline is inserted:

" Voice Radio

§ 4.05. (1) Vehicles which, according to § 13.21. have to be equipped with a speech sound system, must have switched them continuously to channel 16 during the journey.

(2) Only the messages necessary for the safety of navigation may be sent via voice radio equipment connected to channel 16. "

7. § 6.01. Paragraph 2 reads as follows:

"(2) Those who, due to physical or mental defects, the enjoyment of alcohol, drugs or drugs, or for other reasons, are prevented from the safe guidance of a vehicle shall not lead a vehicle."

8. § 6.12. with headline reads:

" Radar travel

§ 6.12. (1) In the guidance of a vehicle, radar can be used as a navigational aid if:

1.		the shipper has an official radar patent or a patent equivalent to that equivalent of a ground-seamen state,
2.		there is a second person in the tax base who is sufficiently familiar with the use of radar in the shipping industry, and
3.		The vehicle is equipped with a telephone system according to § 13.21..

(2) The vehicle has a radar-one-person tax base, is the presence of a second person in the tax base (paragraph 1). 1 Z 2) is not required. "

9. § 6.13. Paragraph 2 reads as follows:

" (2) In the event of insecure weather, vehicles in which the distance between the control stand and the bow is more than 15 m must be radar according to § 6.12. hats. Other vehicles must reduce their speed according to the reduced visibility unless they use radar according to § 6.12. "

10. § § 8.01. to 8.03. are:

" Basic transport ban

§ 8.01. The transport of substances hazardous to water and of dangerous goods is prohibited.

Derogations for the transport of dangerous goods which are to be treated at the same time as substances hazardous to water

§ 8.02. Section 8.01. does not apply to the transport of substances hazardous to water and dangerous goods

1.		referred to in subsection 1.1.3.1 lit. a ADN and
2.		according to subsection 1.1.3.3 ADN, where the term "vehicle" (§ 0.02. lit. (a) the term "ship" is equivalent to the term "ship".

Derogations for the transport of dangerous goods which are not to be treated as substances hazardous to water

§ 8.03. § 8.01. does not apply to the carriage of dangerous goods

1.		in accordance with subsection 1.1.3.1 lit. b, c or e ADR,
2.		in accordance with subsection 1.1.3.2 lit. a, b, d, e or f ADR and
3.		in accordance with subsection 1.1.3.3 ADR,

in the case of substances which are not hazardous to water, and which are transported by motor vehicles on ferries which have been authorised for their transport. "

11. § 11.04. receives the title "Prohibition of bathing, diving and bridges" ; the following paragraph 4 is added:

"(4) The shutting down of bridges into the running water is prohibited on the approximation of vehicles."

12. The text of § 12.05. becomes the sales designation "(1)" , the following paragraph 2 is added:

" (2) holders of an official certificate issued by a ground-seamen State shall be without prejudice to the provision of § 12.10. Paragraph 1 of the filing of the practical examination (paragraph 1) 1 lit. (c) exempt from the Schifferpatente of categories A and D (§ 12.02.). "

13. In § 13.05. the quote "ÖNORM EN 22922" to "EN ISO 2922:2000" changed.

14. § 13.11d. is:

" Limitation of particulate emissions from diesel engines

§ 13.11d. (1) The particulate discharge of diesel engines with a power of the single engine of more than 37 kW shall be limited by appropriate means. This shall not apply to diesel engines used in amusement vehicles or in passenger ships which are authorised to carry up to 12 passengers.

(2) The appropriate means of limiting particulate emissions shall be as follows:

1.		A system for which, according to the UN/ECE programme for particle measurement (PMP) in the cycles relevant to ships according to EN ISO 8178-4:1996 (reciprocating internal combustion engines-exhaust gas measurement-Part 4: test cycles for various engine uses) the detection was provided that the limit value for the particle count of 1x10 12 kWh -1 for solid particles with a diameter of 23 nm or more, can be maintained,
2.		a particle filter system, which is the filter list of the Austrian General Accident Insurance Institution (AUVA), the German Trade Association of the Construction Industry (BG Bau), the Swiss Federal Office for the Environment or the Swiss Federal Office for the Environment accident insurance institution (SUVA), or
3.		in terms of particulate emissions, equivalent filters.

(3) The provisions of paragraphs 1 and 2 shall apply to vehicles,

1.		that after the 1. January 2015 is the first time in the scope of this Regulation (§ 0.01.) to be admitted to the traffic or
2.		on the 1. January 2015 already authorised within the scope of this Regulation (§ 0.01.) and thereafter equipped with one or more new diesel engines for the propulsion of the ship (Neumotorisation), provided that these measures are used to limit the Particle emissions are technically feasible and economically justifiable in the event of a new otorization. "

15. § 13.20. (3) to (6) read:

" (3) In the following vehicles, for each person on board with a body weight of 40 kg or more, a life jacket with a collar must be carried with at least 100 N uplift:

1.		Machine-driven pleasure craft,
2.		professional fishers ' vehicles,
3.		Rowing boats outside the shores of the river (§ 6.11. (1), except in the case of racing rowing boats,
4.		Sailing vehicles.

(4) For each person on board with a body weight of less than 40 kg, a suitable life jacket with a collar with a corresponding lift must be available on the vehicle in accordance with paragraph 3.

(5) In the case of vehicles referred to in paragraph 3 which do not have sufficient splashproof or weatherproof sealable storage space for the carrying out of rescue equipment in accordance with paragraph 3 or 4, the persons on the vehicle shall be subject to a swimming aid in accordance with EN ISO 12402-5:2006 (Part 5: Swimming aids (level 50)-safety requirements) carry or bear. This shall apply in particular to:

1.		Dragon gel-boards,
2.		Sailing surfboards,
3.		Sailing dinghies or multi-hull boats
4.		Canoes or kayaks.

(6) In addition to the rescue equipment referred to in paragraphs 3 and 4, pleasure vehicles with more than 30 kW of engine power and on fixed ballast sailing vehicles shall be equipped with a suitable rescue unit with at least 100 N uplift and a suitable rescue unit. floatable litter of at least 10 m in length. "

16. § 13.21. with headline reads:

" Funcanals

§ 13.21. (1) The following vehicles must be equipped with a telephone system which enables the ships to communicate with each other and to the country:

1.		passenger ships authorised for the carriage of more than 12 passengers,
2.		Cargo ships of more than 20 metres in length,
3.		Vehicles that use radar as navigational aid (§ 6.12.),
4.		vehicles used for public service tasks or in the field of water management;
5.		Vehicles used for rescuing and providing assistance.

(2) The requirements for the speech sound equipment in accordance with paragraph 1 and the use of the frequency spectrum shall be governed by the national rules. "

17. § 14.01. The last sentence of paragraph 6 is deleted.

18. § 14.01. Paragraph 7 reads as follows:

" (7) The following vehicles shall not be registered:

1.		vehicles which, according to their construction or operating mode or according to their equipment, are predominantly intended for residential purposes (e.g. house or residential boats);
2.		amphibious vehicles and
3.		Vehicles with a machine drive with a hull length (EN ISO 8666:2002) of less than 2.50 m. "

19. The text of the previous § 16.03. is given the name " 1 " , para. 2 to 5:

" (2) For the acquisition of the official radar patent or a patent equivalent to this (§ 6.12. in the version of the amendment BGBl. II No 363/2013 of the BSO) shall be subject to a transitional period of 2 years from the entry into force of the amendment BGBl. II No 363/2013 of the BSO. Until then, § 6.12. first sentence remains in force in the version valid until the date of entry into force of the amendment.

(3) Mixtures which are in accordance with § § 8.02 and 8.03 in the version of the amendment BGBl. In accordance with Article 61 (4) (2) of Regulation (EC) No 1272/2008, Regulation (EC) No 363/2013 of the BSO, which is classified, labelled and packaged in accordance with Directive 1999 /45/EC, may be carried out in accordance with Article 61 (4) (

1.		be placed on the market by 1 June 2015, and
2.		by 1 June 2017.

(4) For the replacement of rescue funds, which are subject to the requirements of § 13.20. in the version of the amendment BGBl. II No 363/2013 of the BSO, a transitional period of 3 years from the date of entry into force of the amendment BGBl shall apply. II No 363/2013 of the BSO.

(5) A transitional period of 1 year from the date of entry into force of the amendment BGBl shall apply for the acquisition and commissioning of the telephone system in accordance with § 13.21. II No 363/2013 of the BSO. "

20. § 16.04. Paragraph 4 reads as follows:

" (4) Those with BGBl. II No. 363/2013 made known change of BSO with 1. Jänner 2014 in force. "

Bures