Shipping Law Amendment To 2013

Original Language Title: Schifffahrtsrechtsnovelle 2013

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180. Federal law amending the Maritime Law and the Maritime Law (Navigation Law Novel 2013)

The National Council has decided:

Article 1

Amendment of the Maritime Law

The shipping law, BGBl. I n ° 62/1997, as last amended by the Federal Law BGBl. I No 96/2013, shall be amended as follows:

1. The table of contents for the 7. The part is replaced by the following table of contents:

" 7. Part

Ship Management

1. Main item

General provisions

§ 116. Scope

§ 117. Authority to ship

§ 118. Exceptions

2. Main piece

Certificate of competence

§ 119. General provisions

§ 120. Certification of the Bundesheeres

§ 121. Recognition of foreign qualifications

§ 122. International Certificate for Leaders and Leaders of Sports Vehicles

§ 123. Conditions, conditions and restrictions

3. Main piece

Procedure

§ 124. Approval for examination

§ 125. Audit

§ 126. Additional examination and verification

§ 127. Examination body

§ 128. Audit staxes

§ 129. Deprivation of the certificate of competence

§ 130. Provisional acceptance of the certificate of competence

Section 131. Directory

4. Main piece

Authorities and bodies

§ 132. Authorities and their competence

5. Main piece

Final provisions

§ 133. Criminal provisions

§ 134. Transitional provisions "

2. The table of contents for the 8. Part with the exception of headings " 8. Part " and "Ship guide schools" The table of contents shall be deleted after the heading "Ship guide schools" the paragraph heading " § 148a. Transitional provision " and according to the paragraph " § 152. Application of other federal legislation " the paragraph heading " § 152a. Implementation Notice " inserted.

3. § 2 Z 12 reads:

" 12.

"floating body" means rafts and other types of construction, assembly or objects with or without machinery which are not vehicles or floating installations (e.g. sail boards, also machine-driven; unmanned towed and/or inmanned towing); Watersheds; machine-driven designs in which the propulsion or control is not hydrodynamic; amphibious vehicles and other floorable land vehicles; mounted on buoyant bodies building-like constructions); "

4. § 5 (2) reads:

" (2) A vehicle, a floating body or a bandage must be under the guidance of a person (vessel leader) capable of being capable of, and mentally and physically, suitable. A certificate of competence issued by the authority shall be deemed to be proof of competence for the self-employed management of a corresponding vehicle. "

5. In § 5, the following paragraphs (2a to 2d) shall be inserted after paragraph 2:

" (2a) The ship's guide the ship's guide must:

1.

the water and the vehicle or floating body according to nautical knowledge and

2.

Have knowledge of traffic regulations.

In case of insufficient knowledge of the water, a ship's guide or A ship's guide with track knowledge to be used.

(2b) For the management of vehicles or bodies for which a certificate of competence is required, for the purpose of the professional training of ship's guides, the ship ' s guide shall be required to: the ship's guide in addition to the requirements laid down in paragraphs 2 and 2a

1.

have a training for first aid performance and

2.

at least two years of the holder Holder of a certificate of competency corresponding to the vehicle or float.

(2c) The requirements laid down in subsection (2) and (2a) shall also apply where a certificate of competency is not required for the management of a vehicle or a float.

(2d) If shipping is carried out on a commercial basis by means of vehicles or floats for which a certificate of competence is not required, the ship ' s guide or vessel shall be required to: the ship's guide in addition to the requirements laid down in paragraph 2c above

1.

a driving practice corresponding to the type of water and to the vehicle or floating body;

2.

training for the benefit of first aid,

3.

knowledge of the type of water and its vehicle or body corresponding to rescue and rescue operations;

4.

Knowledge of the planning and execution of tours, as well as

5.

on the principles of group management and the assessment of the abilities and resilience of participants

and the 18. Have completed their life year. In the case of guided tours, this applies to the ship's guide. the leader of the management vehicle. For teachers in the professional training of ship's guides, these requirements shall apply with the exception of Z 4 and 5. "

6. § 7 reads:

" § 7. (1) Shipowners shall take all precautions to take account of the safety of navigation and of persons and of professional practice in order to avoid:

1.

the threat to human life;

2.

Damage to vehicles or floats, shores, regulatory structures and installations of any kind in water or on the shore;

3.

barriers to navigation or to professional fishing;

4.

the addition of damage to crew members and other persons on board the vehicle, association or swimming body, to port or quay facilities and to the environment;

5.

Pollution of the waters.

(2) The provisions of paragraph 1 shall also apply to persons under whose care floating installations are placed. "

7. In § 24 (14), after the word order "with a Havarie according to § 31" the phrase "or with a gross violation of the shipping regulations in the sense of § 129 paragraph 1 Z 2" inserted.

8. In § 26, in paragraph 1, after the expression "protrude," the phrase "other installations" , in paragraph 3 after the expression "Lines," the expression "other installations," inserted.

9. § 26 the following paragraph 5 is added:

' (5) In the interests of simplicity and desirability, the Regulation provides for provisions concerning the lump-sum of the costs of the installation, maintenance, operation, modification and removal of floating watermarks To lay down waterways in accordance with the principle of covering the personnel and property costs incurred by the Authority. "

§ 29 reads:

" § 29. (1) The safety of navigation or of persons belonging to a vehicle in a body of water or of a vehicle belonging to the equipment or cargo of a vehicle and that has fallen into the aquatic environment shall be the subject of the following: or contamination of the water, waterways also affecting the order of navigation, the liquid of transport of commercial shipping, or adverse changes in the watersoles or existing water structures or to assume that this will result in such an impairment, the shipper and the right of power shall be obliged to take all necessary steps without delay in order to remove the obstacle. In the case of waterways, a fixed or sunken vehicle will affect the safety of navigation or of persons or the liquid of the commercial shipping traffic, which shall be subject to a traffic control system by means of the As from the fourth calendar day after the removal of the obstacle from the right of disposal of the control, the ship shall be required to pay the supervision of the ship in accordance with section 66 (5).

(2) If the person entitled to dispose of his/her duty does not immediately comply with his obligation to remove the obstacle, the Authority shall, on the basis of the extent of the obstruction of the navigation or the extent of adverse changes in the outsole, shall inform the authority of the competent authority. The removal of the obstacle should be borne by the existing water structures, which cannot be extended. If the obstacle on waterways affects the safety of navigation or of persons or the liquid of the commercial shipping, polluting the water or the watersole or existing water structures In accordance with § 57 of the General Administrative Procedure Act 1991-AVG, BGBl, the communication is adversely affected, in other waters, the safety of navigation or of persons is impaired. No 51/1991, as amended.

(3) In the event of danger in default, on waterways in the event of failure to comply with the modest obligations referred to in paragraph 2, also in the event of an impairment of the safety of navigation or of persons or an impurity of the water, a significant The Authority shall remove and, if necessary, reduce the order of navigation or the liquid of the commercial shipping traffic, or in the event of adverse changes in the watersoles or existing waterworks. the removal as well as the disposal of the obstacle immediately to , on waterways by means of a contract pursuant to § 10 (1) Z 2 lit. f of the waterway law, BGBl. I No 177/2004. The person entitled to dispose of the vehicle shall be liable to replace the costs on waterways of the authorised company, otherwise the owner of the vehicle shall be liable for such costs. Object to the undivided hand. If a transfer of ownership has occurred in the meantime, the liability of the right of disposal for the costs of the transferor shall not be limited, the purchaser shall be liable to the extent of the traffic value of the vehicle or of the transferor. Object. By way of derogation from § 1 (1) and (2) of the Administrative Enforcement Act 1991-VVG, BGBl. No 53/1991, as amended, the Authority may, under the conditions laid down in Article 8 of the VVG, make injunctions on waterways at the request of the authorised company.

(4) In the case of measures pursuant to paragraph 3, the provisions of Section 4 of the VVG shall apply in the event of damage to the vehicle or to the vehicle. Goods, including their cargo, shall not be entitled to compensation. In the case of waterways, where there is no economically justifiable other option, the Authority shall, in the course of the removal of the obstacle, also cause its total or partial destruction, without any compensation being paid to the pledge. .

(5) The measures provided for in paragraphs 1 to 4 and 7 shall also apply to floating bodies, floating installations and shipping facilities which have fallen or have been deadlocked, and to matters which have otherwise come into the aquatic environment, if this is the case in paragraph 1. caused impairment.

(6) The measures provided for in paragraphs 1 to 4 and 7 shall also apply to vehicles and floats for which no authorisation is granted (6). Part of this federal law) and which are so silent in the running water, in particular in public lands, which are in the administration of the federal government, that they are the safety of navigation or of persons, the order of the shipping or the In the event of a change in the water management, such an impairment or contamination must be feared as a result of an impediment to the traffic of the commercial shipping industry or the pollution of the water.

(7) For assistance provided in connection with the removal of an obstacle by the Authority in accordance with § 38 (1) (4), the person entitled to dispose of such an obstacle shall, as from the fourth calendar day after the date on which the obstacle has been removed, pay the costs. With regard to liability for undivided hand and transfer of ownership, paragraph 3 shall apply mutatily. The amount of the cost replacement shall be determined in accordance with the principle of covering the personnel and material costs incurred by the Authority by Regulation. "

11. In § 42 (2) (2) (2), the expression "(§ § 5 (2) and 6 (1))" by the expression "(§ 5 para. 2 to 2d and § 6 para. 1)" replaced.

12. In § 45 (2), § 90 (2), § 99 (2) and (3) and § 103 (6), the word shall be: "Training" through the phrase "other commercial purposes" replaced.

The following sentence shall be added to Article 49 (7):

"A copy of the authorization shall be sent to the Federal Statistical Office of Austria."

14. § 52 (1) and (2) reads as follows:

" (1) New or substantially modified shipping facilities which are used for commercial shipping or for other commercial purposes may not be used and operated after the notification of the completion of the construction until the Authority has been informed of the First-time verification (initial inspection) has been carried out and the authorization has been granted for use.

(2) Regulation shall take account of the purpose of the operation, in particular the handling of dangerous goods, the operation of the ferry, the voyage or the professional training of ship guides, as well as the conservation status of the installations; determine which shipping facilities, as referred to in paragraph 1, are to be re-examined by the authority at which intervals (re-examination). "

15. In § 76 (1) (3), the point at the end of the sentence shall be replaced by a reticle and the following Z 4 to 7 shall be added:

" 4.

Carriage of passengers by occasional transport by means of rowing or sailing vehicles, for which no authorization is required in accordance with § 101 and usually involving the participation of persons who are on board the vehicle in addition to the ship's guide, is necessary in order to move the vehicle; "

5.

Provision of other services by means of vehicles, with the exception of bogging in ports, by foreign companies under the conditions set out in paragraph 4;

6.

shipping for the professional training of ship guides;

7.

Cruising on rivers with high flow velocity (wild water) with inflatable rowing vehicles (rafting). "

16. In § 76, the following paragraphs (3a) and (3b) are inserted:

" (3a) The establishment of a shipping company for the professional training of ship's guides with vehicles requiring a certificate of competence shall be notified to the Authority at least two weeks in advance, specifying the following characteristics:

1.

Water, entry and exit points;

2.

Vehicles used, indicating the official registration plates;

3.

Employed teachers, stating their qualifications and the conditions laid down in § 5 (2) (b)

The establishment of the establishment and any changes affecting the above characteristics shall be notified to the Authority in the same way.

(3b) The establishment of a vessel for commercial rafting shall be notified to the Authority at least two weeks in advance, specifying the following characteristics:

1.

Designated operating hours, entry and exit points;

2.

Vehicles used, including the manufacturer, type, year of construction and the maximum number of persons on board;

3.

Shipyards used, stating the conditions laid down in § 5 (2d;

4.

Documentation on the coordination of the operation with the public interests of water law and nature conservation;

5.

The existence of a liability insurance.

The establishment of the establishment and any changes affecting the above characteristics shall be notified to the Authority in the same way. "

17. In § 76, para. 4, in the lead-in rate after the expression "Z 2" the expression "and 5" inserted.

18. § 78 (1) (1) (1) reads:

" 1.

of a natural person who is a natural person, if

a)

Nationals or -is a member of a Member State of the EU or of any other party to the EEA Agreement or of the Swiss Confederation;

b)

is reliable in relation to the exercise of shipping; "

19. In § 78 (1) (2), the word order shall be deleted "and the company shall have its registered office or a non-temporary business establishment in the country" .

20. In § 78 (1) (3), the word order shall be deleted "and the legal entity shall have its registered office or a non-temporary business establishment in the country" .

21. In § 78 (2), there is no need for Z 3 and 4; in paragraph 3, the term "sentence" shall not apply. "3, 4 and" and the word "Requirements" shall be "Requirement" replaced.

22. In § 83 (5), after the word "Operating conditions" the phrase "as well as the presence of a registered office or of a non-only temporary establishment in the country" inserted.

23. In Section 88 (2), the following Z 2a and 2b shall be inserted after Z 2:

" 2a.

as a ship-driver of the Authority, the inclusion of a shipping company for the professional training of ship ' s guides with vehicles for which a certificate of competence is required, specifying the characteristics required, the setting of the does not display any operation or changes affecting the required characteristics (Section 76 (3a));

2b.

in the case of a shipowner of the authority, the inclusion of a vessel for commercial rafting, indicating the characteristics prescribed, the cessation of the holding or any changes affecting the required characteristics, shall not be indicated (§ 76 (3b); "

24. The text of § 89 will be the sales designation "(1)" , the following paragraph 2 is added:

" (2) According to the provisions of this Part before the entry into force of the Federal Law BGBl. I n ° 180/2013 for rafting licences shall replace the notification in accordance with section 76, paragraph 3b. "

25. In § 93, the following paragraph 2a is inserted after paragraph 2:

" (2a) The authorities authorised in accordance with paragraph 2 may issue certificates only for vehicles,

1.

which are registered in an Austrian shipping register, or

2.

if the verification certificate is required for the registration in an Austrian ship register.

In the case of vehicles which are not subject to the obligation to register in a register of ships, the seat or seat shall be: The principal place of residence of the person entitled to the right of disposal shall be domestiy.

26. In § 101, para. 3, the expression "European Economic Commission" by the expression "Economic Commission for Europe of the United Nations" replaced. Paragraph 4 is deleted.

27. In § 101 (5) the word order is deleted "and Rafts" .

28. The 7. Part is:

" 7. Part

Ship Management

1. Main item

General provisions

Scope

§ 116. (1) This part shall apply to the waters referred to in Article 1 (1) and to the management and operation of Austrian vehicles and swimming bodies, subject to the restriction of Section 1 (4) for the guidance and operation of vehicles and floating bodies. foreign inland waters under intergovernmental agreements or on a reciprocal basis.

(2) In other navigable private waters, this part shall apply only to the guidance and operation of vehicles and floats which are used for commercial shipping, for renting or for other commercial purposes.

Authority to ship

§ 117. For the self-employed management of a vehicle or swimming pool and for the performance of activities according to § 119 para. 3, certificates of competence are required.

Exception

§ 118. (1) A certificate of competence in accordance with § 117 does not require under the conditions laid down in paragraphs 2 to 7:

1.

foreign guides of vehicles of commercial shipping, waterways or the Austrian part of Lake Neusiedl;

2.

foreign leaders and drivers of sports vehicles;

3.

Drivers and drivers of sports vehicles which have a corresponding certificate of competence for the self-employed management of vehicles on Lake Constance and are driving Austrian inland waters, with the exception of waterways;

4.

Guides and guides of towed and pushed vehicles, in particular towing tax women and men, as well as guides and guides of vessels of vehicles;

5.

Drivers and drivers of motor vehicles with a drive power of less than 4.4 kW;

6.

Drivers and guides of rowing vehicles;

7.

Drivers and guides of vehicles of the Federal Army in accordance with the conditions laid down in paragraph 7;

8.

Drivers and guides of sailing vessels;

9.

Persons carrying out activities according to § 119 (3) and having a corresponding foreign certificate of competence.

(2) The exception referred to in paragraph 1 (1) (1) shall apply only to persons who have a corresponding national certificate of competence and to the extent to which this is agreed in intergovernmental agreements.

(3) The exception referred to in paragraph 1 (1) (2) shall apply only to persons who have a corresponding national certificate of competence or a certificate issued in accordance with the recommendations of the Economic Commission for Europe of the United Nations Leaders of sports vehicles.

(4) The exception referred to in paragraph 1 (1) (5) shall not apply to the drivers of motor vehicles used for commercial shipping.

(5) Members of the Federal Army and the Army Administration may be issued certificates of competence for the self-employed management of vehicles of the Federal Army with a length of up to 30 m on the basis of their official regulations; however, this entitlement shall apply. not for the self-management of other vehicles. By way of derogation from § 123 (2), the length of the thrust or thrust is the same. Towing vehicle.

(6) (1) to (4) apply analogously to the guidance of floating bodies.

2. Main piece

Certificate of competence

General provisions

§ 119. (1) The ability to independently guide vehicles must be proven by the deposition of a test. On the basis of the passed examination, a corresponding certificate of competence shall be issued.

(2) Regulation shall govern the nature, form and content of the certificates of competency in respect of the directives set up by international organisations for the unification of the requirements for ship-carrying products. In this connection, additional qualification certificates may be required for ship management tasks which require a special qualification with regard to the safety of the vehicle and of persons, in particular for the use of radar as a Navigation means (radar certificate), for the management of passenger ships and large associations, and for the guidance of vehicles on route sections requiring special knowledge (Stretch Licence); furthermore, it is necessary to determine which Certificate of qualification to guide the name "captain" or "capitalist" or " capitalist "Captain" entitle.

(3) Regulation may, in respect of activities on board which require a special qualification with a view to the safety of the vehicle and of persons, take account of the guidelines set up by international organisations for: members of the crew are required to comply with the requirements laid down by the members of the crew, in particular the conditions governing the issue and the nature, form, content, scope of authorisation and the issuing of such certificates of competence and the conditions for such certification; Training required by international organisations to regulate the policies that have been created.

(4) Qualification certificates shall be carried out in the original in the course of the management of a vehicle and in the performance of activities on board in accordance with paragraph 3.

Certification of the Bundesheeres

§ 120. The Federal Minister The Federal Minister for Transport, Innovation and Technology has to issue a certificate of competence in accordance with this part if the holder of a certificate of competency for the self-employed management of vehicles of the Bundesheeres has to issue a certificate of competence in accordance with this part. The scope of authorization of the Federal Army's certificate of competence shall be at least equal to that of the certificate of competence in accordance with this Part.

Recognition of foreign qualifications

§ 121. (1) The certificate issued by another EU or EEA State, which is justifiable, in accordance with Directive 91 /672/EEC on the mutual recognition of national skippers ' certificates for inland waterway goods, and -passenger transport, OJ L 327, No. 29), as last amended by Regulation (EC) No 1137/2008, OJ L 327, 31.12.2008, p. No. 1., as well as of an EU or EEA State, and rightly existing certificates of competency, in accordance with Directive 96 /50/EC on the harmonisation of conditions for the acquisition of national boatmasters ' patents for the Inland waterway goods and passenger transport in the Community, OJ C 327, 28.4.2002, p. No. OJ L 235 of 17.09.1996 p. 31, as last amended by Regulation (EC) No 1137/2008, OJ L 327, 31.12.2008, p. No. OJ L 311, 21.11.2008, p. 1, provided that the holder the owner of the 21. In accordance with the registered authorization level as a certificate of competence in accordance with this Part.

(2) The Federal Minister In the event of reciprocity, the Federal Minister of Transport, Innovation and Technology has, in the case of individual cases, granted Austrian holders and holders of a foreign person, who are entitled to the self-employed management of vehicles, A certificate must be issued on request, in accordance with this part, if the holder or the holder of the certificate has the right to obtain a certificate. the holder at the time of purchase is/ its main residence pursuant to Section 1 (7) of the Reporting Act 1991, BGBl. No. 9/1992, in the State which issued the foreign certificate of competence, and if the foreign certificate of competence has been obtained under conditions corresponding to the requirements of § 123 bis § 125.

(3) Stretch certificates in accordance with the recommendations of the Danube Commission on ship-based products containing Austrian route sections, and certificates of competency in accordance with paragraph 1, the registered local area of which is Austrian Route sections shall be considered to be equivalent in accordance with the regulations adopted pursuant to this Part.

International Certificate for Leaders and Leaders of Sports Vehicles

§ 122. (1) holders of domestic certificates of competency shall be issued, at their request, by the authority which issued or recognised that identity card, to issue an international certificate for the independent management of sports vehicles; this certificate shall be issued by the competent authority. Certificate does not apply as a certificate of competence for the waters referred to in § 1.

(2) The Regulation provides for the definition of the nature, form and content of the International Certificate in accordance with paragraph 1 of this Article, in which the guidelines set up by international organisations for the establishment of international certificates of competence shall be laid down in accordance with paragraph 1. consideration.

Conditions, conditions and restrictions

§ 123. (1) At the request of the applicant, of the applicant for a certificate of competence, the scope of the authorization can be

1.

to certain types of vehicles,

2.

to a particular drive power,

3.

to a certain load-bearing capacity,

4.

to a specific vehicle length,

5.

on individual waters or parts of water

are restricted. Regulation should govern the more detailed provisions restricting the scope of the authorisation on the basis of the respective certificate of competence.

(2) Applicants whose physical aptitude is restricted may be issued with the certificate of competence subject to conditions, conditions or deadlines, if this avoids the risks otherwise associated with the lack of suitability of the certificate , conditions and conditions must be noted in the certificate of competence. If, after the acquisition of the certificate of competence, an impairment of physical fitness is impaired, conditions or conditions may subsequently be provided to the extent that the risks associated with the lack of fitness otherwise are avoided. .

(3) The Regulation provides for the validity of the validity of certificates of competency to a specific age of the holder. of the holder and proof of continued mental and physical fitness for use in respect of directives established by international organisations for the unification of requirements for ship-based products; .

(4) There is reason to believe that the proprietor or the holder of a certificate of competency for the management of vehicles is no longer fully suitable, the submission of a medical expert opinion may be required.

3. Main piece

Procedure

Approval for examination

§ 124. (1) The application for admission to the examination pursuant to § 119 (1) and (2) shall be submitted by means of a form, the nature, form and content of which form, taking into account the conditions of admission (paragraph 1). 2) should be laid down by Regulation.

(2) Requirements for admission to the examination are:

1.

a minimum age corresponding to the requirements of the ship ' s management;

2.

mental and physical fitness for the guidance of a vehicle;

3.

the personal reliability;

4.

the driving practice required for the guidance of a vehicle;

5.

the training for the performance of First Aid and/or the instruction in life-saving emergency measures in accordance with § 3 paragraph 1 Z 5 of the German Code of Licences-FSG, BGBl. I No 120/1997.

By means of a regulation, more detailed provisions on these conditions must be laid down, taking into account the desired level of authorization.

Audit

§ 125. (1) After the examination of the application for admission to the examination, the applicant shall be: inform the applicant place and time of the examination.

(2) The examination shall consist of theoretical parts and a practical part; it shall be taken in non-public individual tests. The examination shall be deemed to have been passed if all the theoretical parts are considered to be passed and the practical part shall be considered by the competent examiner. the competent auditor is to be considered as passed.

(3) The contents of the theoretical and practical tests, as well as the procedures for examination, should be laid down by means of a regulation, taking into account the directives established by international organisations.

Additional examination and verification

§ 126. (1) If the applicant is: the applicant is already the holder or Holders of a restricted certificate may be restricted to an examination of the relevant subject areas of the theoretical examination or to the practical examination of the extension of the scope of the authorisation of this card.

(2) The proprietor or the holder of a certificate of formal qualifications shall be subject to a gross violation of the provisions of the shipping regulations, which shall indicate that there is a lack of professional competence, the authority may have an inspection certificate. The review extends to those areas of expertise and/or Parts of the test which shall be determined by the Authority on the basis of the deficiencies which have occurred.

Examination body

§ 127. (1) The Examination Body for Formal Qualifications, the scope of which

a)

the management of vehicles with a length of more than 10 metres or for the carriage of more than 12 passengers on waterways

b)

the guidance of vehicles with a length of more than 20 metres, or for the carriage of more than 12 passengers in waters other than waterways

, consists of a right-hand examiner, a right-hand auditor, a technical examiner, or a technical examiner and a nautical examiner, a nautical auditor, who or which also decreases the practical test.

(2) The examining body for other certificates of competency in accordance with § 119 (1) and (2) shall consist of a right-hand examiner or examiner. a right-hand auditor and a technical examiner; a technical examiner, one of whom, one of the practical tests is also decreasing.

(3) The assignment of the items of examination to the individual examiners must be determined in accordance with their qualifications by means of a regulation.

(4) The Federal Minister The Federal Minister for Transport, Innovation and Technology and the National Main Women respectively National main men have legal and technical examiners from the active agents of the right-handed service and the higher technical service involved in their sphere of action in matters relating to the shipping industry. If the number of technical examiners of the higher technical service is not sufficient, the technical examiners may, in the event of the other requirements, also be allowed to appoint staff of the higher technical Service is ordered.

(5) The technical examiners referred to in paragraph 1 shall be ordered to appoint staff who shall have at least one certificate of competence entitled to the self-management of vehicles with a length of more than 10 metres.

(6) As nautical examiners as referred to in paragraph 1, holders of a certificate of competence corresponding to the scope of authorization sought with a corresponding experience on vehicles in accordance with the intended scope of authorization shall be to order.

(7) As technical examiners as well as examiners for the practical examination referred to in paragraph 2, staff members are to be ordered which have at least a certificate of competence corresponding to the desired level of authorization.

(8) The order for the examiner The examiner may not be a member of the auditor for a period of five Reorder is allowed.

(9) The Federal Minister The Federal Minister for Transport, Innovation and Technology and the National Main Women respectively National bodies shall have lists of the examiners appointed by them.

Audit staxes

§ 128. (1) In accordance with the desired certificate of competence, applicants shall have to pay an audit tax to the local authority which has to bear the administrative burden of the competent authority responsible for the examination, of which 75 shall be charged to the competent authority. Examiners Examiners in equal parts as audit compensation.

(2) The level of the respective audit tax shall be determined in accordance with the scope of the authorization of the intended certificate of competence and the associated examination effort by means of a regulation.

Deprivation of the certificate of competence

§ 129. (1) The certificate of competence shall be withdrawn if the holder or holder is the holder of the certificate. the holder

1.

one of the requirements referred to in section 124 (2) (2) and (3) no longer fulfilled;

2.

has repeatedly committed gross violations of maritime legislation;

3.

under Section 126 (2) of the Authority, the Authority has not been subject to a review or has failed to pass the investigation.

(2) The proprietor or the holder of a certificate of competence shall, in the case of the withdrawal of the certificate, be obliged to postpone it to the Authority without delay after the date of notification of the withdrawal period; the seizure of legal remedies shall not have suspensive effect. Effect.

(3) holders of foreign certificates of competence shall be recognised under the conditions laid down in paragraph 1 (1) (2) of the right to conduct vehicles in Austrian waters; the certificate shall be entered in the certificate of competence, provided that: this is possible without destroying or damaging the identity card.

(4) Has the holder or the holder of the certificate of competence

1.

a vehicle, a float or an association of commercial shipping in an alcohol-affected condition with an alcohol content of the blood of 0.5 g/l (0.5 per mille) or above or an alcohol content of the breathing air of 0.25 mg/l or

2.

a vehicle, a float or an association of non-commercial shipping in an alcohol-affected condition with an alcohol content of the blood of 0.8 g/l (0.8 per mille) or above, or an alcohol content of the respiratory air of 0.4 mg/l,

the requirement of personal reliability in accordance with § 124 (2) Z 3 is no longer fulfilled for a period of six months, in the first repeated case for a period of one year, in the second recurrence case.

(5) In the case of holders of foreign qualifications, the provisions of paragraph 3 shall apply in the appropriate manner under the conditions and for the duration of the period referred to in paragraph 4.

(6) Where the proprietor has been the holder of the certificate of competency, it is legally withdrawn by rail, aeronautical or motor vehicle licence for driving a vehicle within the meaning of these provisions in a condition affected by alcohol, is the requirement of the personal Reliability in accordance with § 124 (2) Z 3 as being no longer fulfilled for the duration of this withdrawal.

(7) The certificate of competence drawn up pursuant to paragraph 1 (1) (1) (1) shall be handed out immediately as soon as all requirements pursuant to section 124 (2) have been fulfilled.

Provisional acceptance of the certificate of competence

§ 130. (1) The institutions pursuant to Section 38 (2) shall be entitled to: a person who appears to be in a condition affected by alcohol or other psychotropic substances or by exceptional agitation or fatigue; For the time being, if the vehicle is carrying a vehicle, it will be in operation or if it is trying to take it into service. The provisional acceptance certificate shall be issued with a certificate containing the reasons for the acceptance and an indication of the steps required for the recovery of the certificate of competence.

(2) A provisionally withdrawn certificate of competence shall be submitted without delay to the authority responsible for the withdrawal of the certificate of competence (Section 129 (1)) and/or the disqualification of the right to conduct vehicles in Austrian waters (Section 129 (3)) is competent; however, if the certificate of competence has been provisionally removed due to an exceptional state of excitation or fatigue, it is the Owner/ to re-follow the owner if the owner or this is the full reign over their its spirit and its has regained its body before the expiry of two days, calculated from the date of the provisional acceptance.

(3) The authority referred to in the second paragraph shall have the provisionally withdrawn certificate of competence of the owner or the holder of the certificate. to re-follow the owner upon request, unless the withdrawal or withdrawal of the product is made available. the superstipation procedure is initiated.

(4) The self-employed driving of vehicles for which a certificate of competence is required shall not be allowed before re-conclusion of a provisionally withdrawn certificate of formal qualifications.

Directory

Section 131. (1) The Federal Minister The Federal Minister for Transport, Innovation and Technology and the National Main Women respectively The national authorities shall have lists of certificates of competence issued by them.

(2) The list referred to in paragraph 1 shall consist of a list which is separate in the manner of the certificates of competence and alphabetically ordered in each case by the names of the holders.

4. Main piece

Authorities and bodies

Authorities and their competence

§ 132. (1) Authorities within the meaning of this Part are:

1.

the Federal Minister The Federal Minister of Transport, Innovation and Technology for Certification, the scope of which includes the management of vehicles with a length of more than 10 metres or for the transport of more than 12 passengers on waterways, and for certificates of competency in accordance with § 119 para. 3, § 120 and § 121 Abs 2;

2.

the country's main wife or the provincial governor of Lower Austria, of Upper Austria or of Vienna for the freedom of choice for certificates of competence, the scope of which includes the management of vehicles with a length of up to 10 m on waterways;

3.

a country's main wife, A regional governor after a free choice for other certificates of competency;

4.

the district administrative authority for administrative criminal proceedings.

(2) The Federal Minister is responsible for the release of regulations pursuant to this Part. the Federal Minister of Transport, Innovation and Technology.

(3) The monitoring of compliance with the provisions of this Part and of the regulations adopted pursuant to this Part shall be the responsibility of the institutions designated in Section 38 (2).

5. Main piece

Final provisions

Criminal provisions

§ 133. (1) Any person who violates the provisions of this Part or of the regulations adopted pursuant to this Part shall be subject to an administrative surrender and shall be punished with a fine of 72 euros up to 3 633 euros.

(2) An administrative surrender in accordance with paragraph 1 shall apply in particular to:

1.

a vehicle or a floating body without a corresponding certificate of competence or an activity pursuant to section 119 (3) without a corresponding certificate of competence (§ § 117, 119 and 130);

2.

does not carry the certificate when driving a vehicle in the original (Section 119 (4));

3.

the term "captain" or "capitalist"; "captain" leads without having to possess a corresponding certificate of competence (§ 119, para. 2);

4.

as the holder or the holder of a certificate of competency does not comply with the restrictions imposed by the authority (§ 123 (1));

5.

as the holder or Holder of a certificate of competency issued by the authority on the occasion of the issuing of the certificate of competence or of the conditions or conditions which have subsequently been granted or which have become or have been subject to an impairment of physical fitness. , are not in compliance (Section 123 (2)).

(3) The provisions of § 43 shall apply for the implementation of an administrative criminal proceedings against persons without an address in the country.

Transitional provisions

§ 134. (1) Those based on the provisions of the Federal Law Gazette BGBl. No 535/1978 on the decree-law of the ship's guide, BGBl. No. 134/1932 in the version of the Federal Law BGBl. No 90/1971, patents issued and those based on the Law of the Shipping Law, 1990, BGBl. No 87/1989 in the version of the Federal Law BGBl. No 429/1995, and the provisions of this part before the entry into force of the Federal Law BGBl (Federal Law Gazette). I n ° 180/2013 issued certificates of competence shall continue to apply.

(2) The certificates issued on the basis of previous legislation may, in accordance with their scope of authorization, be issued at the request of the holder, or the holder shall be replaced by certificates of competency in accordance with this Part. The Regulation shall lay down provisions which may be replaced by certificates of competency in accordance with this Part.

(3) The German Federal Law Gazette (BGBl) pursuant to § 121 (1) of the German Federal Law Gazette of the I n ° 180/2013, certificates issued on the recognition of a foreign certificate of competence shall continue to apply.

(4) The provisions in accordance with § 126 and § 129 (1) shall apply analogously also to certificates of competency which shall continue to apply in accordance with paragraph 1 of this article.

(5) An application may be made to holders of a Federal Law Gazette (BGBl) before the entry into force of the Federal Act. I n ° 180/2013, subject to an existing geographical restriction, an extended licence for the whole of the Danube, with the exception of the shipping lanes, is issued subject to an existing geographical restriction.

(6) Applications for obtaining the certificate of competence pursuant to § 123 (1) Z 2 in the prior entry into force of the Federal Law BGBl. I n ° 180/2013 are to be dealt with by the competent authority until then.

(7) The certificate of competence in accordance with § 123 (1) Z 7 in the prior entry into force of the Federal Law BGBl. I No 180/2013 is valid as proof of the conditions laid down in Section 5 (2d). "

29. The 8. Part (§ § 140 to 148), with the exception of the headings " 8. Part " and "Ship guide schools" , deleted.

30. After the title "Ship guide schools" the following § 148a and heading is inserted:

" Transitional provision

§ 148a. According to the provisions of the Federal Act BGBl. No 535/1978 on the decree-law of the ship-guide-schools regulation, BGBl. No 353/1936, the Maritime Law of 1990, BGBl. No 87/1989 in the version of the Federal Law BGBl. No 429/1995, as well as of the 8. Partly in the up to the entry into force of the Federal Law BGBl. I n ° 180/2013 replaced permits replaced the ad pursuant to Section 76 (3a) of the Act. "

31. § 149 the following paragraph 11 is added:

" (11) The 7. Part and table of contents in the version BGBl. I n ° 180/2013 will enter into force on 1 July 2014. Section 52 (2) of the BGBl version. I n ° 180/2013 comes with 1. Jänner 2015 in force. § 2 Z 12, § 5, para. 2 to 2d, § 7, § 24 para. 14, § 26 para. 1, 3 and 5, § 29, § 42 para. 2 Z 2, § 45 para. 2, § 49 para. 7, § 52 para. 1, § 76 para. 1, 3a, 3b and 4, § 78 para. 1 Z 1 and para. 3, § 83 para. 5, § 88 para. 2 Z 2a and 2b, § 89, § 90 para. 2, § 93 para. 2a, § 99 (2) and (3), § 101 (3) and (5), § 103 (6), § 148a and Annex 1 (2) of the Federal Law Gazette (BGBl). I No 180/2013 will enter into force with the end of the day of the event. "

32. The text of § 150 shall be the sales designation "(1)" , the following paragraph 2 is added:

" (2) § 78 (2) (3) and (4), § 101 (4) and § 140 to § 148 shall occur at the end of the day of the proclamation of BGBl. I n ° 180/2013. "

33. In accordance with § 152, the following § 152a and title shall be inserted:

" Implementation Notice

§ 152a. The provisions of this federal law are implemented:

1.

Directive 87 /540/EEC on access to the occupation of entrepellent in national and international inland waterway transport and on the mutual recognition of diplomas, certificates and other evidence of formal qualifications in respect of the carriage of goods by road Occupation, OJ No. OJ L 322, 12.11.1987 p. 20;

2.

Directive 91 /672/EEC on the mutual recognition of national boatmasters ' certificates for the carriage of goods and passengers by inland waterway, OJ L 206, 22.7.1991, p. No. 29), as last amended by Regulation (EC) No 1137/2008, OJ L 327, 31.12.2008, p. No. OJ L 311, 21.11.2008 p. 1;

3.

Directive 94 /25/EC on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft, OJ L 254, 30.9.1994 No. 15, as last amended by Regulation (EU) No 1025/2012, OJ L 164, 30.6.2012, p. No. OJ L 316, 14.11.2012 p. 12;

4.

Directive 96 /50/EC on the harmonization of the conditions for the acquisition of national boatmasters ' certificates for the carriage of goods and passengers by inland waterway in the Community, OJ L 206, 22.7.1996, p. No. 31), as last amended by Regulation (EC) No 1137/2008, OJ L 327, 31.12.2008, p. No. OJ L 311, 21.11.2008 p. 1;

5.

Directive 2005 /44/EC on harmonised inland waterway information services (RIS) on inland waterways in the Community, OJ L 206, 22.7.2005, p. No. 152, as last amended by Regulation (EC) No 219/2009, OJ L 255, 30.9.2009, p. No. OJ L 87, 31.03.2009 p. 109;

6.

Directive 2006 /87/EC on technical requirements for inland waterway vessels and repealing Council Directive 82/714/EEC, OJ L 327, 30.4.2006, p. No. 1, as last amended by Directive 2012 /49/EU, OJ L 327, 30.12.2012, p. No. OJ L 6, 10.01.2013 p. 49;

7.

Directive 2009 /100/EC on the mutual recognition of ship testing for inland waterway vessels, OJ L 327, 22.7.2009, p. No. OJ L 259, 02.10.2009 p. 8.

34. In Appendix 1 Z 2, the expression "Wörther See" by the word "Wörthersee" replaced.

Article 2

Amendment of the Maritime Law

The Maritime Law, BGBl. No 174/1981, as last amended by the Federal Law Gazette (BGBl). I No 96/2013, shall be amended as follows:

1. In § 11 (4) the term " "and § 11 (1)" .

2. In the VI. Section becomes after section heading "Crew of Austrian Seeschiffe" , which shall be "Occupation" the following section 33, together with the heading, is inserted:

" Seedienstbuch

§ 33. (1) Austrian nationals as well as nationals of another Member State of the EU or of any other party to the EEA Agreement or of the Swiss Confederation with a national domicical residence may be of the Federal Minister of the Federal Republic of Germany, The Federal Minister of Transport, Innovation and Technology will be issued with a Seedienstbuch on request; there is no obligation to hold a Seediger Book.

(2) The exhibition of the Seedienstbuch must be based on sufficient documentary evidence, including, in particular, the nationality, the identity, the type of competence of the applicant, or the applicant's identity. of the applicant and the hating relationship.

(3) The more detailed information on the form, content and management of the Maritime Service, taking into account the provisions of paragraphs 1 and 2, must be adopted by means of a Regulation. Part M of the Maritime Regulation, BGBl. No 189/1981 in the version BGBl. II No 169/2012, shall be deemed to be an implementing regulation within the meaning of this provision.

(4) The Federal Minister The Federal Minister of Transport, Innovation and Technology has the following information on the to have a list of seedia books issued to him. "

Section 59 is added to the following paragraph 6:

" (6) § 11 para. 4 and § 33 in the version BGBl. I No 180/2013 will enter into force with the end of the day of the event. "

Fischer

Faymann