Change Of Lake Constance-Shipping Order

Original Language Title: Änderung der Bodensee-Schifffahrts-Ordnung

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Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_II_363/BGBLA_2013_II_363.html

363 regulation of the Federal Minister for transport, innovation and technology, which modifies the Bodensee shipping order

As a result of section II of the Convention on navigation on Lake Constance with conditioning and additional protocol, BGBl. No. 632/1975, and of section II of the Treaty on navigation on the old Rhine, Federal Law Gazette is no. 633/1975, taking on October 24, 2012 and April 17, 2013 pursuant to article 19 para. 2 of the Convention on navigation on the Lake of Constance decreed decisions of the International Maritime Commission for Lake Constance :

Ordinance of the Federal Minister for transport about the boat trip on Lake Constance (Bodensee shipping order - BSO), Federal Law Gazette No. 93/1976, amended with Federal Law Gazette III No. 142/2005, is amended as follows:

1 0.01. together with the heading paragraph:

'Scope

§ 0.01. This Regulation shall apply for



"1. Lake Constance including Untersee, 2. the alter Rhein from Rheineck Gaißau bridge to its mouth in Lake Constance, 3. the new Rhine bridge hard-Fussach to its mouth in Lake Constance and 4. the Rhine route between Constance and Schaffhausen Feuerthalen Street Bridge."

2. § 0.02 lit. p is as follows:



"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" No. L 164 of the 30.6.1994, p. 15, amended by Regulation (EC) No. 1137/2008 amending some legislative acts, the procedure of in Article 251 of the Treaty applies, of the Council decision 1999/468/EC with regard to the regulatory procedure with scrutiny, OJ No. L 311 of November 21, 2008, S. 1;"

3. § 0.02.lit. q is as follows:



"q)" w a s s e r g e f ä h r d e n d e S t o f f e ": substances and mixtures, the 1st annex I part 4 of Regulation (EC) no 1272/2008 on 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" , OJ No. L 353 of 31.12.2008, p. 1, as are classified dangerous for the environment and the hazard pictogram GHS09, as well as the hazard H400 identify H410 or H411, or 2 according 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 No. L 196 of the 16.08.1967, p. 1, or Directive 1999/45/EC on the approximation of the laws, regulations and administrative provisions of relating to the classification, packaging and labelling of dangerous preparations, OJ No. L 200 of the 30.07.1999, p. 1, as dangerous for the environment are classified, with the symbol N, the indication of danger "dangerous for the environment" and the risk phrase R50 or R51, in combination with the risk phrase R53, to mark are;

4. § 0.02 lit. r, is:



"r)" g e w ä h r l i c h e G o t e r ": substances and objects, the carriage of which in accordance with the annex to the European Agreement concerning the international carriage of dangerous goods by inland waterways (ADN) together with the regulation and Declaration, Federal Law Gazette III No. 67/2008 in the currently valid version, and the systems A and B to the European Agreement concerning the international carriage of dangerous goods by road (ADR)" ", Federal Law Gazette No. 522/1973 in the current version, is prohibited or permitted only under the conditions laid down in this Convention;"

5. the 4 main piece is the heading "Audible and radio".

6. after section 4.04, 4.05 the following paragraph with heading shall be inserted:

"Radio

§ 4.05 it must have switched constantly (1) vehicles, which must be fitted in accordance with § 13.21. with a radiotelephone installation, while driving on channel 16.

(2) via two-way radio systems, which are switched on channel 16, only the messages necessary for the safety of navigation must be sent."

7 paragraph 6.01. paragraph 2:

"(2) a person who is prevented as a result of physical or mental defects, the enjoyment of alcohol, drugs or medication or for other reasons on the safe management of a vehicle, must not lead a vehicle."

8 paragraph 6.12. together with the heading:

"Radar navigation

Section 6.12 (1) in the management of a vehicle radar can be used as a navigational aid, if



1. the skipper has an official radar patent or an equivalent to this patent of a ground Lake State, 2. a second person located in the wheelhouse is sufficiently familiar with the use of radar in navigation, and 3. the vehicle with a radiotelephone installation in accordance with § 13.21. is equipped.

"(2) has the vehicle about a radar person steering, is the presence of a second person in the wheelhouse (par. 1 Z 2) unnecessary."

9 paragraph 6.13. paragraph 2 reads:

"(2) in the case of unsichtigem weather, vehicles, where the distance between helm and bow is more than 15 m, must use radar in accordance with paragraph 6.12. Other vehicles must reduce their speed according to the diminished perspective, unless they use radar in accordance with paragraph 6.12."

10 § § 8.01. to 8.03. are:

"Basic transport ban

§ 8.01. The promotion of water-hazardous substances and dangerous goods is prohibited.

For the transportation of dangerous goods, at the same time as water pollutants to handle exceptions that are

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



1. in accordance with subsection 1.1.3.1 lit. a ADN and 2 in accordance with subsection v1.1.3.3 ADN, where the term "Vehicle" (§ 0.02 lit. a) is equal to the local term "Ship".

Exemptions for the carriage of dangerous goods which are not to treat water pollutants

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



1. in accordance with subsection 1.1.3.1 lit. b, c, or s COR, 2. in accordance with subsection 1.1.3.2 lit. a, b, d, e or f ADR and 3rd in accordance with subsection 1.1.3.3 ADR, provided that it is not water endangering substances and transport by motor vehicles on ferries is carried out, which are approved for transportation."

11 § 11.04. receives the heading "Bathing, diving and bridges spring ban"; the following paragraph 4 is added:

"(4) the jumping down from bridges in the fairway is forbidden approach of vehicles."

12. the text of § 12.05 is preceded by the sales designation (1); the following paragraph 2 is added:

"(2) the holder of an official qualification card issued by a ground Lake State are without prejudice to the provision of § 12.10 para 1 of the passing of the practical examination (par. 1 lit. (c) for the boatmasters of the categories A and D (§ 12.02.) free."

13 the quote "ÖNORM EN 22922" in "EN ISO 2922:2000" is changed in section 13.05.

14 § 13.11d. is as follows:

"Limit the particulate emission of diesel engines

§ 13.11d. (1) the particulate emissions from diesel engines is with a single engine power of more than 37 kW with appropriate means to limit. This is true for diesel engines that are used in leisure vehicles, or passenger ships, which are approved for the carriage of up to 12 passengers.

(2) as appropriate means to limit particulate emissions shall apply:



1. a system for which the programme of the UN/ECE particulate measurement (PMP) in the relevant for ships cycles in accordance with EN ISO 8178-4:1996 (reciprocating internal combustion engines - exhaust gas measurement - part 4: test cycles for different engine uses) proof has been provided that the limit for the number of particles of 1 x 1012 kWh 1 for solid particles with a diameter from 23 nm cannot be kept, 2. a particulate filter system, that the filter list of Austrian General accident insurance institution (AUVA) , the German Trade Association in the construction industry (BG construction), of the Swiss Federal Office for the environment or the Swiss accident insurance fund (SUVA) corresponds to or 3 generally concerning the particulate emissions filters.

(3) the provisions of paragraphs 1 and 2 apply to vehicles



1 that after 1 January 2015 be approved the first time within the scope of this Regulation (section 0.01.) to the transport or 2 on 1 January 2015 already within the scope of this Regulation (§ 0.01.) were approved and are equipped with one or more new diesel engines for marine propulsion (new engine), provided that these measures to limit of particulate matter in a new engine are technically feasible and economically viable."

15 section 13.20. paragraph 3 to 6 are:

"(3) on following vehicles must be carried for each person on board with a body weight of 40 kg or more a lifejacket with collar with at least 100 N buoyancy:"



1 machine-driven entertainment vehicles, 2. vehicles of professional fishermen, 3. rowing boats, the outside of the coastal zone (section 6.11 paragraph 1) except race rowing boat, 4. sailing vehicles stop,.

(4) for every person on board weighing less than 40 kg, a proper life jacket with collar with a buoyancy to be available must be on vehicles in accordance with paragraph 3.


(5) on vehicles as defined in paragraph 3, provided does not have sufficient spray water or weathertight lockable storage space to carry life-saving appliances in accordance with paragraph 3 or 4, the persons on the vehicle to a flotation device in accordance with EN ISO 12402-5:2006 (part 5: buoyancy AIDS (level 50) - safety requirements) carry or wear. This applies in particular for:



1 Dragon sail boards, 2. sailing surfboards, 3. sailing dinghies or multihulls 4 canoes or kayaks.

(6) on pleasure vehicles with more than 30 kW engine power and sailing vessels with fixed ballast lift and a floating heaving line of at least 10 m must be carried in addition to the life-saving appliances in accordance with par. 3 and 4 an appropriate rescue litter device with at least 100 N length."

16 paragraph 13.21. together with the heading:

"Radio equipment

§ 13.21. (1) following vehicles must be equipped with a radiotelephone installation, enabling the communication of vessels with each other and to the land:



1 5. vehicles, the purposes of rescue and assistance serve passenger ships, which are approved for the carriage of more than 12 passengers, 2 freight vessels with a length of more than 20 m, 3. vehicles that use radar as a navigational aid (section 6.12), 4 vehicles used for official duties or in the gewässerkundlichen service.

(2) the requirements for the radio equipment referred to in paragraph 1 and the use of the frequency spectrum follow national regulations."

17 § 14.01 paragraph 6 last sentence deleted.

18 § 14.01 paragraph 7 is:

"(7) the following vehicles are not allowed:"



"1 vehicles intended after its construction or operation mode or its equipment mainly for residential purposes (E.g. House or residential boats), 2nd amphibious vehicles and 3 vehicles with engine drive with a body length (EN ISO 8666:2002) of less than 2.50 m."

19. the text of the previous article 16.03 is labeled "Paragraph 1"; ABS. 2 to 5 are:

"(2) for the acquisition of the official radar patent or one of this equivalent patent (paragraph 6.12 in the version of the change in Federal Law Gazette II No. 363/2013 of the BSO) shall be a transitional period of 2 years from the entry into force of the amendment BGBl. II no 363/2013 of the BSO." First sentence in the version applicable up to the entry into force of the amendment remains hitherto § 6.12 in force.

(3) mixtures, which promoted II in accordance with §§ 8.02 and 8.03 as amended by the amendment BGBl. No. 363/2013 of the BSO and the directive are classified, labelled and packaged 1999/45/EC, may in accordance with article 61 Z 4 para 2 Regulation (EC) no 1272/2008



1. up to 1 June 2015 in traffic be brought and carried 2 to 1 June 2017.

(4) for the replacement of life-saving appliances, which applies the requirements of § 13.20. in the version of amendment BGBl, no. 363/2013 of the BSO does not meet II, a transition period of 3 years from the entry into force of the amendment BGBl. II Nr 363/2013 of the BSO.

A transitional period of one year from the entry into force of the amendment BGBl. is (5) for the purchase and commissioning of the radiotelephone installation in accordance with § 13.21. II n 363/2013 of the BSO."

20 paragraph 16.04 paragraph 4:

(4) that occurs with Federal Law Gazette No. 363 / 2013 made manifest change the BSO with 1 January 2014 into force II.

Bures