Skipper Regulation - Schfvo

Original Language Title: Schiffsführerverordnung – SchFVO

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298. Regulation of the Federal Minister of Transport, Innovation and Technology on the Management of Vehicles on Inland Waters (Ship Guide Ordinance-SchFVO)

On the basis of § § 119 (2) and (3), 122 (2), 123 (1) and (3), 124 (1) and (2), 125 (3), 127 (3), 128 (2) and 134 (2) of the Maritime Law, BGBl. I n ° 62/1997 in the version of the Federal Law BGBl. I No 180/2013, shall be arranged:

Scope

§ 1. The provisions of this Regulation shall apply to the issuing of certificates of competency in accordance with Section 119 (1) and (2) of the Maritime Law.

Types of certificates of competence

§ 2. (1) The following types of competence shall be issued:

1.

A certificate of skipper for inland waterway A: entitlement to self-control of vehicles of any type and size on waterways, including waterways, in accordance with Annex II to Directive 91 /672/EEC on the reciprocal movement of the sea Recognition of national boating patents for inland waterway goods and passenger transport, OJ C 327, 28.4.2002, p. No. 29), as last amended by Regulation (EC) No 1137/2008, OJ L 327, 31.12.2008, p. No. 1. and other inland waters, with the exception of waterway sections according to Z 3, for which specific knowledge of the route is required;

2.

The licence for inland waterway transport B: the right to self-control vehicles of any type and size on waterways and other inland waters, with the exception of waterway sections according to Z 3, for the special purpose of Knowledge of the route is required;

3.

Extension certificate for the Danube: entitlement for holders

a)

a capital patent pursuant to Z 1 or 2, or

b)

a certificate of competency recognised in accordance with Section 118 (1) (1) (1) in conjunction with Section 2 of the Maritime Law; or

c)

a certificate of competency recognised in accordance with Section 118 (1) (2) in conjunction with Section 3 of the Maritime Law in the management of vehicles which are not small-scale vehicles; or

d)

a certificate of competency recognised in accordance with section 121 (1) of the Maritime Law; or

e)

a certificate of competence which is still valid in accordance with section 134 (1) of the Maritime Law and which entitles the holder to conduct vehicles which are not small vehicles,

for the self-management of vehicles in accordance with the scope of authorization of the certificate of competence on waterways for which special knowledge of the route is required. In Austria, the route sections from Tiefenbach to Sankt Nikola on the Danube, from Melk to Krems and from Vienna-Freudenau to the Austrian-Slovak national border.

4.

-Lakes and rivers: entitlement to self-control of vehicles of any type and size on inland waterways, excluding waterways;

5.

Ship's Guide Patent-20 m: Authorization for the self-management of small vehicles on waterways and other inland waterways and passenger ships, the length of which, measured on the hull, is less than 20 metres, on inland waters, excluding waterways;

6.

Ship's Guide Patent-20 m-lakes and rivers: authority for the self-management of small vehicles and passenger ships, the length of which, measured on the hull, is less than 20 metres, on inland waters, excluding waterways;

7.

Shipyards patent-10 m: eligibility for the self-management of small vehicles with a length of up to 10 m on waterways and other inland waters;

8.

Ship's Guide Patent-10 m-Lakes and rivers: eligibility for self-management of small vehicles with a length of up to 10 m on inland waters, excluding waterways.

(2) A certificate of competence is required for the management of associations, the scope of which corresponds to the length of the length of the association in respect of the length of the vehicle. By way of derogation, in the case of associations in which a service vehicle is used for the purpose of carrying out the tasks in accordance with Article 38 (1) of the Maritime Act, the vehicle's length is the decisive factor.

(3) The certificates of competence also apply to the guidance of floating bodies which correspond to the respective scope of authorization with regard to the length, the drive power, the load-bearing capacity, the travel area and the use purpose. Restrictions on the use of floating bodies shall remain unaffected by the ship's travel restrictions.

(4) After passing the examination, the application shall be accompanied by a preliminary certificate of competency, including the relevant deadlines, restrictions and conditions. The provisional certificate of competence shall be valid in connection with a valid, official photo ID from the date of delivery until the delivery of the certificate of competence, for a maximum period of three months.

(5) The name Capitanine or The master shall be allowed to: Holders of a certificate referred to in points 1 (1), (2) and (4) of the first subparagraph shall apply.

(6) The certificates of competency referred to in paragraph 1 shall be: Appendix 1 , their production shall be carried out in compliance with safety regulations (security pressure) in accordance with § 2 para. 3 of the State Printing Act 1996, BGBl. I No 1/1997, as last amended by BGBl. I No 47/2001.

(7) The provisional certificates of competency referred to in paragraph 4 of this Article shall be: Appendix 2 shall be appropriate.

Conditions, conditions and restrictions

§ 3. (1) The scope of the authorisation of certificates may be made at the request of the applicant. of the applicant, and

1.

of capital patents

a)

to certain types of vehicles,

b)

to a particular drive power,

c)

to a certain load-bearing capacity,

d)

a vehicle length of less than 20 metres in the case of a captain's patent-a Schifferpatent for inland waterway transport A or B, or to a vehicle length of less than 30 metres in the case of captain spatulas-lakes and rivers,

e)

on individual waters or parts of water;

2.

of shipyards ' patents

a)

to certain types of vehicles,

b)

to a particular drive power,

c)

on individual waters or parts of water,

d)

in the case of driving practice performed in accordance with § 7 (4) (4) (4), vehicles that are identical in length and drive power.

(2) The applicant the applicant shall indicate in the application whether the scope of the authorisation of the certificate of formal qualifications

1.

the carriage of passengers and passengers; and

2.

the guidance of vehicles in the radar journey on waterways according to § 6.32 of the Waterways Traffic Regulations (WVO), BGBl. II No 289/2011, as amended,

should be included.

(3) The validity of capital patents shall be limited to the date of the day on which the identity holder, or the holder of the certificate, shall be valid for three months after the date on which the validity of the validity of the master's patent the identity card holder 65. It is completed in accordance with Section 123 (2) of the Maritime Law, unless a period of time before that date is issued.

(4) The holders of capital patents shall have no later than three months after the completion of their 65. years and thereafter at intervals of one year to prove their mental and physical aptitude by means of a medical opinion (§ 5 (1)). In the case of proof of success, a new patent shall be issued by the Office for a limited period of time to a maximum of one year.

Approval for examination

§ 4. (1) The application for admission to the examination shall be submitted in accordance with Article 2 (1) (1) (1) to (3) and (5) with a form in accordance with the model of the Appendix 3 , for certificates of competency in accordance with Article 2 (1) (4) and (6) to (8) with a form in accordance with the model of the Appendix 4 , The application is to be followed by a passport photograph corresponding to the passport picture criteria.

(2) For the examination of the master s or the ship's guide, only those who are

1.

for a captain's patent the 21. Year of life, for a seducer patent the 18. Year of life has been completed;

2.

the mental and physical fitness for the guidance of a vehicle;

3.

it has personal reliability;

4.

for a master's patent, the ship ' s patent-20 m or the ship ' s patent-20 m-lakes and rivers has demonstrated the driving practice required (§ 7) for the guidance of a vehicle;

5.

for a captain's patent, the shipyards patent-20 m or the ship's patent-20 m-lakes and rivers the training for the performance of first aid or for the shipyards patent-10 m or the shipyards patent-10 m-lakes and rivers the instruction in lifesaving emergency measures according to § 3 paragraph 1 Z 5 of the German Code of Licences-FSG, BGBl. I n ° 120/1997, as amended by the BGBl version. I No 43/2013.

(3) The test for the Stretch Certificate may be taken together with the examination for a captain's licence for the inland waterway A or for a captain's patent for the inland waterway B, if the necessary Distance journeys (§ 7 para. 1 Z 3) prior to the admission to the examination have been proved.

(4) Holders and holders of a certificate according to § 2 (1) Z 3 lit. a to d shall be admitted for the examination for the route certificate if they have proved the required course journeys (§ 7 para. 1 Z 3).

Mental and physical fitness

§ 5. (1) The mental and physical aptitude (§ 4 (2) (2) (2)) has been granted to applicants for a chapter patent, the ship's patent-20 m or the shipyards ' patent-20 m-lakes and rivers of suitability for steering a motor vehicle of the Class C in accordance with § 2 FSG, with the proviso that the colour distinguishing capacity of the applicant is also to be met with the proviso that: of the applicant must be proven by a recognised medical test (Farnsworth Panel D15 or equivalent from a medical point of view). The mental and physical aptitude must be demonstrated by a medical opinion, which may not be older than three months at the time the application is submitted.

(2) In the case of applicants for the shipyards 'patent-10 m or the shipyards' patent-10 m-lakes and rivers, the mental and physical fitness of suitability for the steering of a motor vehicle of class B according to § 2 FSG shall be subject to the conditions laid down in , in addition, a sufficient colour distinguishing capacity must be established. Proof shall be deemed to have been provided if they have a certificate of competency for the independent management of air or propulsion vehicles, which is in accordance with the law, issued by an EU or EEA State or by the Swiss Confederation. Proof shall be deemed to have been provided, with the exception of the difference in colour distinction, if it provides a certificate of competence for the independent management of an EU or EEA State or of the Swiss Confederation issued by an EU or the EEA State or the Swiss Confederation. Motor vehicles have. In this case, the sufficient colour distinguishing capacity must be demonstrated by a recognised medical test.

Reliability

§ 6. (1) As not reliable (Section 4 (2) (3)), a candidate is to be considered, in particular, if she or she is not a candidate, if she/she is a candidate. he has been sentenced to more than one year in prison for one or more offences, as long as the sentence is not satisfied or is subject to the restriction of the information from the criminal record.

(2) The proof of reliability must be provided, in particular, by presenting a certificate of criminal records, which may not be older than three months when the application is submitted.

(3) In the case of applicants for the shipyards ' patent-10 m or the ship's patent-10 m-lakes and rivers, proof of reliability is considered to be provided if it is a right existing, of an EU or EEA State or of the The Swiss Confederation has issued a certificate of competency for the self-management of driving vehicles, motor vehicles or aircraft.

Driving Practice

§ 7. (1) The driving practice required for admission to the examination (§ 4 para. 2 Z 4) shall be:

1.

24 months for the master-patent-skipper patent for inland waterway A and the master-patent-skipper patent for inland waterway B;

2.

eight journeys to the mountain and to the valley on the relevant section of the route within the last ten years, of which at least three journeys within the last three years for the route of the route;

3.

twelve months for the captain's spatent lakes and rivers;

4.

two months for the shipyards patent-20 m;

5.

one month for the ship's patent-20 m-lakes and rivers.

(2) Applicable to the applicant the applicant for a captain's patent has a restriction in accordance with § 3 (1) Z 1 lit. a on passenger ships and in accordance with § 3 (1) Z 1 lit. d to the corresponding vehicle length shall be reduced according to paragraph 1 (1) (1) (1) (1) 3 driving practice to be detected on half.

(3) The driving practice for the master-patent-skifferpatent for inland waterway A, the master-patent-Schifferpatent for inland waterway B and the ship's patent-20 m is to be performed on waterways, of which at least one A section situated on the territory of a Member State of the European Community.

(4) Driving practice shall be carried out on a vehicle which, in its nature, corresponds to the scope of the authorisation of the certificate of competence requested and has the following minimum length:

1.

20 m for capital patents and extension certificates,

2.

15 m for a Chapter of the Chapter of the Capiton-Lakes and Rivers, restricted in accordance with paragraph 2;

3.

more than 10 m for the ship ' s patent-20 m and the ship ' s patent-20 m-lakes and rivers as well as for a limited-section skipper patent for inland waterway transport A or a captain's patent-Schifferpatent for the Inland waterway transport B and an extended period in connection with this patent,

4.

By way of derogation from Z 3, the minimum length shall not apply if the driving practice is performed on a passenger ship of less than 10 metres and the ship's guide patent-20 m-lakes and rivers according to § 3 (1) Z 2 lit. d be restricted accordingly.

(5) The driving practice shall be performed as a crew member, regularly under the supervision and guidance of the ship's guide. of the ship ' s guide as a rowing worker or Rudergänger or tax wife or Tax man participating in the driving of a vehicle (member of a cover team).

(6) The proof of driving practice is on waterways by presenting a skipper service in accordance with § 6 of the Ordinance on Ship Remuneration (BGBl). II No 518/2004, as last amended by BGBl. II No 420/2010.

(7) The Authority may be a candidate. an applicant for a ship's patent-10 m-lakes and rivers from the requirement of the age of life (§ 4 para. 2 Z 1) Forbearable if the applicant or the applicant has sufficient driving practice.

Training in First Aid, briefing in emergency life-saving measures

§ 8. (1) The proof of the training for the performance First aid is provided by a domestic, right-existing steering authority for motor vehicles of class D according to § 2 FSG, a steering authority equivalent to § 1 para. 4 FSG, or by a corresponding certificate of one of the institutions designated in accordance with § 3 (3) FSG, in which the training was carried out.

(2) The proof of the instruction in life-saving emergency measures shall be determined by a domestic one, after 1. In accordance with § 2 of the German FSG (FSG), January 1973 issued and entitled to exercise the steering authority for motor vehicles in accordance with § 1 (4) of the FSG (FSG), or by a corresponding certificate issued by an institution in accordance with Section 1.

Examination subject and examination body

§ 9. (1) The theoretical examination shall cover the following subject areas:

1.

General subject areas:

a)

rules; water science;

b)

Navigation; manoeuvring and driving of the vehicle,

c)

the construction and stability of the vehicle;

d)

marine machinery,

e)

Load and Delete,

f)

Behaviour under special circumstances;

2.

Additional items for the guidance of vehicles under radar;

3.

Additional items for the carriage of passengers.

The examination subject for the individual certificates of competence and their assignment to the individual examiners shall be obtained from: Appendix 5 .

(2) Applications for restrictions of the scope of the authorization pursuant to § 3 (1) shall be admissible at the latest by the beginning of the theoretical examination.

(3) The theoretical test shall be deemed to be "passed" if it is carried out by each examiner. every examiner is assessed with "passed"; the practical test must not be taken off until the theoretical discourse has been completed.

(4) The practical test shall cover the operation and management of vehicles and the application of the theoretical knowledge in practice; it shall be used for the certification of waterways of the ship, on waterways. and, in any case, on board a vehicle which, in its nature, size and power, corresponds to the scope of the authorisation of the certificate requested in such a way as to enable the assessment of the practical knowledge to be assessed.

(5) The applicant the applicant shall be responsible for the provision of the vehicle required in accordance with paragraph 4, a ship's guide or of a ship ' s guide and of a suitable shipping facility, and to bear the costs associated with it.

(6) An unpassed theoretical examination may be repeated at the earliest after two weeks, an unpassed practical test at the earliest after two weeks, but at the latest within one year after the successful completion of the theoretical test. Examination of their other invalidity.

(7) The examiners shall record the results of the theoretical and practical examination in a test protocol and shall communicate them to the Authority.

Audit staxes

§ 10. The test boxes to be set up for the examination of the test shall be for the

1.

Captain's patent-Schifferpatent for inland waterway A

€ 174

2.

Captain's patent-Schifferpatent for inland waterway B

€ 174

3.

Sentence

€ 40

4.

Captain's Patents-Lakes and Rivers

€ 130

5.

Shipyards patent-20 m

€ 87

6.

Ship's Guide Patent-20 m-Lakes and Rivers

€ 58

7.

Shipyards patent-10 m

€ 43

8.

Ship's Guide Patent-10 m-Lakes and Rivers

€ 29

Preparation and delivery of the certificates of competence

§ 11. The manufacturer or the manufacturer shall be responsible for the production and delivery of the certificate of competence. the manufacturer. The costs of the production and delivery of the certificates of competence shall be borne by the holder of the authorization, or shall be borne by the holder of the authorisation and shall be from the manufacturer or directly charged by the manufacturer.

International Certificate for Leaders and Leaders of Sports Vehicles

§ 12. The International Certificate of International Women's Leaders, as provided for in § 122 of the Maritime Law, has the following: Appendix 6 shall be appropriate. The application for an exhibition shall be made by means of the form in accordance with the model of Appendix 3 or 4 to be sent to the authority issuing the underlying certificate of competence, or was issued. The provisions of § 11 shall apply for the production, production and delivery of the certificate.

entry into force

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

External force of existing legislation

§ 14. With the entry into force of this Regulation, the Shipyards Ordinance, BGBl. II No 258/1997, as amended by the BGBl version. II No 197/1999 and BGBL. 225/2002, except for force.

Transitional provision

§ 15. At the request of the holder, the holder may be replaced, provided that the mental and physical fitness of the holder is demonstrated in accordance with § 5:

1.

The captain's patent A (§ 128 paragraph 1 Z 1 of the Maritime Law 1990, BGBl. No 87/1989) by the 'Captain'-Schifferpatent for inland waterway A (Article 2 (1) (1) (1)),

2.

the captain's patent B (§ 128 paragraph 1 Z 2 of the Maritime Law 1990, BGBl. No. 87/1989) by the Chapter of the Capitarate-Lakes and Rivers (Section 2 (1) (4)),

3.

the shipowners ' patent A (§ 128 paragraph 1 Z 3 of the Maritime Law 1990, BGBl. No 87/1989) by the shipyards ' patent-20 m (§ 2 para. 1 Z 5),

4.

the shipowners ' patent B (§ 128 paragraph 1 Z 4 of the Maritime Law 1990, BGBl. No 87/1989) by the vessel's patent-20 m-lakes and rivers (Section 2 (1) (6)),

5.

the shipowners ' patent C (§ 128 paragraph 1 Z 5 of the Maritime Law 1990, BGBl. No 87/1989) by the shipyards ' patent 10 m (§ 2 para. 1 Z 7) with a restriction of the local area of validity on waterways, provided that the owner or the owner does not also have a ship's licence patent D (§ 128 paragraph 1 Z 6 of the Maritime Law 1990, BGBl. No. 87/1989)

6.

the shipowners ' patent D (§ 128 paragraph 1 Z 6 of the Maritime Law 1990, BGBl. No. 87/1989) by the ship's patent-10 m-lakes and rivers (Section 2 (1) (8));

7.

by the Austrian authorities before 1 January 1990 for ship drivers ' patents for vehicle lengths of 10 m or 15 m, valid for waterways and other inland waters, without taking into account local restrictions by the shipyard ' s patent 10 m (§ 2 para. 1 Z 7);

8.

by the Austrian authorities before 1 January 1990 for ship drivers ' patents for vehicle lengths of 10 m or 15 m, valid for waterways, without taking into account local restrictions by the shipyard's patent-10 m (§ 2 para. 1 Z 7) with a restriction of the local area of validity on waterways;

9.

by the Austrian authorities before 1 January 1990 for ship drivers ' patents for vehicle lengths of 10 m or 15 m, valid for inland waterways, excluding waterways, without taking into account local restrictions by the shipyard's patent-10 m-lakes and rivers (§ 2 para. 1 Z 8);

10.

by the Austrian authorities before 1 January 1990 for ship drivers ' patents for vehicle lengths of 20 m, valid for waterways and other inland waters, without taking into account local restrictions by the shipyard's patent-20 m (§ 2 (1) (5);

11.

by the Austrian authorities before 1 January 1990 for ship drivers ' patents for vehicle lengths of 20 m, valid for waterways, without taking into account local restrictions by the shipyard's patent-20 m (§ 2 para. 1 Z 5) with a the restriction of the local area of validity on waterways;

12.

by the Austrian authorities before 1 January 1990 for ship drivers ' patents for vehicle lengths of 20 m, valid for inland waterways, excluding waterways, without taking into account local restrictions by the shipyard's patent-20 m lakes and rivers (§ 2 para. 1 Z 6).

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