Skipper Regulation - Schfvo

Original Language Title: Schiffsführerverordnung – SchFVO

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298. Regulation of the Federal Minister for transport, innovation and technology on the management of vehicles on inland waterways (skipper regulation - SchFVO)

On the basis of §§ 119, para 2 and 3, 122 para 2, 123 para 1 and 3, 124 par. 1 and 2, 125 par. 3, 127 para 3, 128 (2), and 134 para. 2 of the Shipping Act, Federal Law Gazette I no. 62/1997 in the version of Federal Law Gazette I is no. 180/2013, prescribed:

Scope

§ 1. The provisions of this Regulation apply to the issuing of qualification certification in accordance with article 119, paragraph 1 and 2 of the Shipping Act.

Types of qualification statements

2. (1) the following types of qualifications statements are:



1. Captain patent - boatmasters for inland A: permission to the independent leadership of vehicles of all types and sizes on waterways including maritime waterways as defined in annex II of to Directive 91/672/EEC on reciprocal recognition of national boatmasters for the carriage of goods and passenger transport, OJ No L 373 of 31.12.1991 p. 29, as last amended by Regulation (EC) No 1137/2008, OJ No. L 311 of November 21, 2008, p. 1, and other inland waters with the exception of waterway sections according to no. 3 for the specific line knowledge are required.

2. Captain patent - boatmasters for inland navigation B: permission to the independent leadership of vehicles of all types and sizes on waterways and other inland waters with the exception of waterway sections according to no. 3 for the specific line knowledge are required.

3. route certificate for the Danube: permission to holders and holder a) a captain patent according to Z 1 or 2 or b) one pursuant to article 118, paragraph 1 No. 1 in conjunction with section 2 of the Shipping Act recognized qualification card or c) one pursuant to article 118, paragraph 1 Z 2 in conjunction with § 3 of the Shipping Act recognized qualification certificate in the management of vehicles, which are not small vehicles , or d) one in accordance with article 121 (1) of the Shipping Act of recognized qualification card or e) one in accordance with section 134 (1) of the Shipping Act of still valid qualification card, which entitles to the leadership of vehicles that are not small vehicles, to the independent management of vehicles in accordance with the authorization scope of competence card on waterways for which specific line knowledge are required. In Austria the of Tiefenbach are that to St. Nikola on the Danube, from Melk to Krems and Vienna Freudenau up to the Austrian Slovakian border.

4. Captain patent - Lakes and rivers: permission to the independent leadership of vehicles of all types and sizes on inland waters, excluding waterways;

5. boatmaster - 20 m: permission to the independent leadership of small vehicles on waterways and other inland waters, as well as passenger ships, whose length, measured on the hull less than 20 m, on inland waters, except waterways;

6 boatmaster - 20 m - Lakes and rivers: permission to the independent leadership of small vehicles as well as passenger ships, whose length, excluding waterways; judging by the hull less than 20 m, on inland waters,

7 boatmaster - 10 m: permission to the independent leadership of small vehicles with a length up to 10 m on waterways and other inland waters;

8 permission of boatmaster - 10 m - Lakes and rivers: to the independent leadership of small vehicles with a length up to 10 m on inland waters, excluding waterways.

(2) for the management of associations, a certification is required, whose permission scope corresponds to the vehicle length the length of the Association. Derogation, societies, in which to carry out the tasks laid down in article 38 (1) of the Shipping Act a service vehicle of the supervision of shipping used as Association-leading vehicle, the vehicle's length is crucial.

(3) the qualification statements also apply to the management of floats, which correspond to the respective permission scope with regard to the length, the power, the capacity, the ride area and purpose. Shipping police restrictions on the use of floats remain unaffected.

(4) on application, a provisional certification including the applicable time limitations is after passing the exam, handed over restrictions and obligations. The provisional certification is valid in conjunction with a valid, official photo identification from delivery to delivery of the qualification card, no longer than for a period of three months.

(5) the name of captain or captain may carry only holders or holders of a qualification card in accordance with para 1 Nos. 1, 2 and 4.

(6) the qualification statements referred to in paragraph 1 must comply with Appendix 1; their production is carried out in compliance with safety regulations (security printing) in accordance with § 2 para 3 of the State printing house Act 1996, BGBl. I no 1/1997, last amended by Federal Law Gazette I no. 47/2001.

(7) the provisional qualification badges in accordance with paragraph 4 must comply with Appendix 2.

Requirements, conditions and restrictions

The permission level qualification certification can § 3 (1) on request of the applicant or of the applicant be restricted, namely



1. Captain patents a) on certain types of vehicle, b) on a certain power, c) on a certain capacity, d) on a vehicle length of less than 20 m at Captain patents - boatmasters for inland waterway transport A or B or to a vehicle length of less than 30 m with Captain patents - Lakes and rivers, e) on individual waters or waters parts;

2. Captain patents a) on certain types of vehicle, b) on a certain power, c) on individual waters or waters, d) in accordance with § 7 para 4 No. 4 erbrachter driving experience on vehicles identical in terms of length and power.

(2) the applicant or the applicant has in the application to specify whether the permission level of the qualification card



1. the carriage of passengers, and 2. the management of vehicles in the radar navigation on inland waterways referred to in section 6.32 of waterways transport order (WVO), Federal Law Gazette II No. 289/2011 in the currently valid version, should include.

(3) the validity of Captain patents can be limited in time, which is three months after the date, on which the card holder or the cardholder the 65th age, if not pronounced a limit time prior to this date, in accordance with section 123, paragraph 2, of the Shipping Act with the tag.

(4) holders and Captain patents have no later than three months after their 65th birthday, and then at intervals of one year their mental and physical suitability by a medical opinion (§ 5 para 1) be verified. The proof is a new patent by virtue, limited to no more than a year to make.

Admission to the test

§ 4 (1) who is applying for admission to the examination for qualification statements pursuant to § 2 para 1 according to the model of annex 3, for qualification documents in accordance with article 2, paragraph 1 according to the model of annex 4 Nos. 1 to 3 and 5 with a form Nos. 4 and 6-8 with a form. A passport photo that meets the criteria of the Passport, is the request to join.

(2) to the master - or ship guide exam is only to admit, who



1. for a captain patent the 21 years of age for a boatmaster 18; reached age

2. the mental and physical suitability for guiding a vehicle has;

3. the personal reliability features;

4. for a captain patent, the boatmaster – 20 m or the boatmaster – 20 m – Lakes and rivers the required driving experience (article 7) for keeping a vehicle; demonstrated

5. for a captain patent, the boatmaster - 20 m or the boatmaster - 20 m - Lakes and rivers training for first aid or the boatmaster - 10 m or the boatmaster - 10 m - Lakes and rivers training in life-saving emergency measures in accordance with article 3, paragraph 1 Z 5 of the driver's license law - FSG, Federal Law Gazette I no. 120/1997 as amended by Federal Law Gazette I no. 43/2013 , has demonstrated.

(3) the examination for the certificate of the routes can be filed together with the examination for a captain patent - boatmasters for inland waterway transport A or for a patent of Captain - boatmasters for inland navigation B, if the necessary runs (§ 7 para 1 No. 3) were detected prior to admission to the examination.

(4) holders and holders of a qualification card pursuant to section 2 para 1 No. 3 lit. a to d are to admit to the examination for the certificate of routes, if they the required runs (§ 7 para 1 No. 3) have demonstrated.

Mental and physical fitness


§ 5 (1) the mental and physical suitability (§ 4 para. 2 Z 2) has candidates and applicants to a captain patent, the boatmaster - 20 m or the boatmaster - 20 m - Lakes and rivers of the suitability to the driving of a motor vehicle of the class C according to § 2 FSG with the proviso to match that in addition the color discernment of the applicant or the applicant's recognized by a medical test (Farnsworth Panel D15 or medically equivalent) must be demonstrated. The mental and physical suitability is to be proved by a medical opinion that should not be older than three months at the time of the application.

(2) for applicants and applicants to the boatmaster - 10 m or the boatmaster - 10 m - Lakes and rivers has the mental and physical suitability of the suitability for the steering of a vehicle of class B in accordance with § 2 FSG with the proviso to match that in addition a sufficient color discernment must be demonstrated. The evidence is considered to be provided if they have a right, issued by an EU or EEA country or the Swiss Confederation certificate for the independent management of air or vehicles. The evidence is considered with the exception of the color discrimination provided if they have a right, issued by an EU or EEA country or the Swiss Confederation certificate for the independent management of motor vehicles. In this case is the proper color discernment by an approved medical test to prove.

Reliability

§ 6 (1) as not reliable (§ 4 para. 2 Z 3) an applicant or an applicant is especially to see, if she or he was sentenced to a term of imprisonment exceeding one year for one or more offences, as long as the conviction is not extinguished or is subject to the limitation of the information extracted from the criminal record.

(2) evidence of reliability is to lead, which should not be older than three months application, particularly by a criminal record certificate.

(3) in the case of applicants and applicants to the boatmaster - 10 m or the boatmaster - 10 m - Lakes and rivers proof of reliability is considered met if they have a right, issued by an EU or EEA country or the Swiss Confederation certification to the independent leadership of power, force, or aircraft.

Driving experience

7. (1) the experience required for admission to the examination (§ 4 para. 2 Z 4) is



1 24 months for the captain patent - boatmasters for inland navigation A and the captain patent - boatmasters for inland navigation (B);

2. eight trips to mountain and Valley on the affected leg within the last ten years, of which at least three trips over the last three years for the routes certificate;

3. twelve months for the captain patent - Lakes and rivers;

4. two months for the boatmaster - 20 m;

5. a month for the boatmaster - 20 m - Lakes and rivers.

(2) request the applicant or the applicant for a patent of Captain a restriction pursuant to § 3 para 1 subpara 1 lit. (a) on passenger ships and according to § 3 para 1 subpara 1 lit. d to the appropriate length of the vehicle, so reduced that pursuant to par. 1 Z 1 and 3 must demonstrate experience in the half.

(3) the driving experience for the captain patent - boatmasters for inland navigation A, which is 20 m Captain patent - boatmasters for inland waterway transport B and the boatmaster - to provide that at least a section in the territory of a Member State of the European Community is located on waterways.

(4) the driving experience is to offer that corresponds to the permission of the requested certificate card of its kind and has following minimum length of a vehicle:



1. 20 m for boatmaster certificates and track certificates, 2. 15 m for a captain patent restricted pursuant to par. 2 - lakes and rivers, 3 more than 10 m for the boatmaster - 20 m and the boatmaster - 20 m - Lakes and rivers, as well as restricted pursuant to par. 2 Captain patent - boatmasters for inland waterway transport A or Captain patent - boatmasters for inland waterway transport B and a lines certificate in connection with this patent , 4. by way of derogation from Z 3 applies no minimum length if the driving experience on a passenger ship with less than 10 m is provided and the boatmaster - 20 m - Lakes and rivers according to § 3 para 1 subpara 2 lit. d according to is restricted.

(5) the driving experience is to provide crew member that participates regularly under supervision and guidance of the skipper or the skipper as helmsman, Rudergängerin or tax woman or helmsman on driving a vehicle (a deck crew member).

(6) proof of the driving experience is on waterways by presenting a boatman service book in accordance with section 6 of the regulation of the ship's crew, Federal Law Gazette II No. 518/2004, as last amended by Federal Law Gazette II No. 420/2010, to lead.

(7) the authority may, a candidate or a candidate for a boatmaster - 10 m - Lakes and rivers of the requirement of the age (§ 4 para. 2 No. 1) grant leniency, if the applicant or the applicant establishes a sufficient driving experience.

Training in first aid, BLS training

Section 8 (1) which is evidence of the training for the performance of first aid by a domestic, right to existing driver's license for motor vehicles of the class D according to § 2 FSG, one in accordance with § 1 para 4 FSG equals driver's license or by means of a corresponding certificate one which according to § 3 para 3 FSG designated institutions, the training was carried out, to lead.

(2) the proof of training in life-saving emergency measures is by a domestic, after January 1, 1973, issued and right to existing driver's license for motor vehicles pursuant to section 2 a FSG, pursuant to § 1 para 4 FSG equals driver's license or through an appropriate certificate of an institution referred to in paragraph 1.

Test items and test organ

§ 9 (1) extends the theory test on the following subject groups:



1. General subject areas: a) regulations; Hydrology, b) navigation; Maneuvering and driving of the vehicle, c) construction and stability of the vehicle, d) engines, e) loading and deleting, f) behaviour in special circumstances;

2. additional objects for the management of vehicles under the radar;

3. additional items for the carriage of passengers.

The test items for the individual statements of qualifications, as well as their allocation to the individual examiners and Auditors resulting from Annex 5.

(2) applications for the limitations of the scope of the permission pursuant to § 3 paragraph 1 shall at the latest permissible up to the beginning of the theoretical test.

(3) the theory test is considered "passed", if it is judged by each examiner or any inspector with "pass"; the practical examination may only be removed after successful completion of the theoretical.

(4) the practical exam covers the operation and management of vehicles, as well as the application of theoretical knowledge in practice; It is for qualification badges, which entitle on waterways and in any case on board a vessel to hold that in its style, size of navigation on inland waterways and power in a way circumference of the permission of the requested certificate card, which enables the assessment of practical skills.

(5) the applicant or the applicant has to ensure the provision of vehicle required pursuant to paragraph 4, a skipper or a skipper and an appropriate shipping system and to bear the associated costs.

(6) not passing theoretical examination may be repeated after two weeks at the earliest, not passing a practical examination at the earliest after two weeks, but no later than within one year after successful passing of the theory examination on the invalidity of the other.

(7) the examiners and Auditors have to hold the result of the theoretical and practical examination in an audit log and notify the authority.

Examination fees

§ 10. The audit taxes payable for the passing of the examination is for the



1 Captain patent - boatmasters of inland waterway transport A € 174 2. Captain patent - boatmasters for inland waterway transport B € 174 3. route certificate € 40 4 Captain patent - Lakes and rivers € 130 5 boatmaster - 20 m € 87 6 boatmaster - 20 m - Lakes and rivers € 58 7 boatmaster - 10 m € 43 8 - 10 m - Lakes and rivers boatmaster € 29 execution and delivery of the statements of qualifications


§ 11. The manufacturer or the manufacturer will be entrusted with the preparation and delivery of the statements of qualifications. The cost of the preparation and delivery of the statements of qualifications are to be borne by the authorization holder or the holder of the authorization and will be charged by the manufacturer or by the manufacturer directly this or this.

International certificate for guides and guide of sports vehicles

§ 12. Provided in accordance with article 122 of the Shipping Act international certificate for guides and guide of sports vehicles has to comply with the annex 6. The application for exhibition is to set the system 3 or 4 to the authority, which exhibits the underlying certification or has issued by means of the form according to the pattern. The provisions of section 11 apply to manufacture, preparation and delivery of the certificate.

Entry into force

§ 13. This Regulation shall enter into force 1 July 2014.

Expiry of existing legislation

§ 14. With entry into force of this regulation enters the boat operator regulation, Federal Law Gazette II No. 258/1997 as amended by Federal Law Gazette II No. 197/1999 and BGBL. II No. 225/2002, override.

Transitional provision

§ 15. On request of the owner or of the holder can be replaced, if the mental and physical fitness in accordance with § 5 is proved:



1 Captain patent A (section 128, paragraph 1 Z 1 of the maritime law of 1990, Federal Law Gazette No. 87/1989) by Captain patent - boatmasters of inland waterway transport A (article 2, paragraph 1 Z 1), 2. the captain patent B (section 128, paragraph 1 No. 2 of the Shipping Act of 1990, Federal Law Gazette No. 87/1989) by Captain patent - Lakes and rivers (§ 2 para 1 Z 4), 3. the boatmaster of A (section 128, paragraph 1 Z 3 of the Shipping Act of 1990) , BGBl. No. 87/1989) by the boatmaster - 20 m (article 2, paragraph 1 Z 5), 4. the boatmaster B (section 128, paragraph 1 Z 4 of the Shipping Act of 1990, Federal Law Gazette No. 87/1989) by the boatmaster - 20 m - Lakes and rivers (§ 2 para 1 No. 6), 5. the boatmaster C (section 128, paragraph 1 Z 5 of the Shipping Act of 1990, Federal Law Gazette No. 87/1989) by the boatmaster 10 m (article 2, paragraph 1 Z 7) with a restriction of local scope to waterways , unless the owner or the holder not a boatmaster D (section 128, paragraph 1 No. 6 of the Shipping Act of 1990, Federal Law Gazette No. 87/1989) has 6 D the boatmaster (section 128, paragraph 1 No. 6 of the Shipping Act of 1990, Federal Law Gazette No. 87/1989) by the boatmaster - 10 m - Lakes and rivers (§ 2 ABS. 1 Z 8),

7 skipper patents issued by Austrian authorities before the 1.1.1990 for vehicle lengths of 10 m or 15 m, valid for waterways and other inland water, without taking into account local constraints by the boatmaster - 10 m (§ 2 para 1 No. 7);

8 issued by Austrian authorities before the 1.1.1990 skipper patents for vehicle lengths of 10 m or 15 m, valid for waterways, without taking into account local constraints by the boatmaster - 10 m (§ 2 para 1 No. 7) with a limitation of local scope to inland waterways;

9. by Austrian authorities before the 1.1.1990 skipper issued, patents for vehicle lengths of 10 m or 15 m, valid for inland waters except waterways, without taking into account local constraints by the boatmaster - 10 m - Lakes and rivers (§ 2 ABS. 1 Z 8);

10 skipper patents issued by Austrian authorities before the 1.1.1990 for vehicle lengths of 20 m, valid for waterways and other inland water, without taking into account local constraints by the boatmaster - 20 m (§ 2 para 1 sub-para. 5);

11 by the Austrian authorities before the 1.1.1990 skipper patents for vehicle lengths of 20 m, valid for waterways, without taking into account local constraints by the boatmaster - 20 m (§ 2 ABS. 1 Z 5) with a limitation of local scope to inland waterways;

12 by Austrian authorities before the 1.1.1990 skipper issued, patents for vehicle lengths of 20 m, valid for inland waters except for waterways, without taking into account local constraints by the boatmaster - 20 m - Lakes and rivers (§ 2 para 1 No. 6).

Bures