Shipping Law Amendment To 2013

Original Language Title: Schifffahrtsrechtsnovelle 2013

Read the untranslated law here: https://www.global-regulation.com/law/austria/2996233/schifffahrtsrechtsnovelle-2013.html

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180. Federal law, with the shipping and the maritime law be changed (shipping law amendment 2013)

The National Council has decided:

Article 1

Amendment to the Act of shipping the Shipping Act, Federal Law Gazette I no. 62/1997, amended by Federal Law Gazette I no. 96/2013, is amended as follows: 1 the table of contents for the 7th part is replaced with the following contents:

"7th part

Ship management

1. main piece

General provisions § 116. scope of § 117. permission to ship guide § 118. exceptions 2. main piece

Qualification badges § 119. General provisions § 120. qualification certificates of the Federal Army § 121. foreign qualification laissez-passer § 122. international certificate for guides and guide of sports vehicles § 123. requirements, conditions and limitations 3. main piece

Procedure § 124. admission to the examination § 125. check § 126. exam and review § 127. examination organ § 128. verification taxes § 129. deprivation of qualification card § 130. provisional acceptance of the competence card § 131. directory 4. main piece

Authorities and institutions

§ 132. authorities and their powers 5 main piece

"Final provisions § 133. penal provisions article 134 transitional provisions" 2. The table of contents for the 8 part with the exception of the headings "part 8" and "Skipper school" is eliminated; in the table of contents is after the heading "Skipper school" the section heading "section 148a. Transitional provision"and after the section heading"§ 152. application of other bundesgesetzlicher rules"the section heading"section 152a. Added implementation note".

3. paragraph 2 Z 12: "12"float": rafts and other fahrtaugliche structures, compilations or objects with or without machine drive that are neither vehicles nor floating plants (eg sailing boards, also machine-driven;" unmanned towing and water ski tow equipment; machine-driven structures, in which drive or control are not based on hydrodynamic effect; Amphibious vehicles, as well as other floatable made land vehicles; building similar structures built on flotation);

4. paragraph 5 paragraph 2:

"(2) a vehicle, buoyancy or association must be under the guidance of a qualified for that purpose, as well as mentally and physically suitable person (skipper). A certification issued by the authority to the independent leadership of the corresponding vehicle is regarded as proof of professional competence."

5. in article 5 be inserted after para. 2 following paragraph 2a to 2d:

"(2a) the skipper or the boat operator must 1 waters as well as the vehicle or float according to nautical knowledge and 2. have knowledge of traffic rules.

With insufficient knowledge of the water, a skipper and a skipper with sector knowledge is to be used.

(2B) for the management of vehicles or floats for the a certification is prescribed for purposes of professional training of skippers the skipper or the skipper, in addition to the requirements laid down in paragraph 2 and 2a 1 training for the performance of first aid must have and 2. be at least two years of owner or holders of a qualification card corresponding to the vehicle or float.

(2c) the requirements laid down in paragraph 2 and paragraph 2a shall apply also if a certification is not required for the management of a vehicle or float.

(2d) shipping with vehicles or floats, for which no certification is required, practiced professional, must the skipper or the skipper, in addition to the requirements laid down in paragraph 2 c of 1 is a water type and the vehicle or float corresponding driving experience, 2. training for first aid, 3. knowledge of the type of waters and his vehicle or float appropriate rescue and mountain operations , 4. knowledge of the planning and implementation of tours, as well as 5 principles of group leadership and assessing the skills and capacity of participants and 18 years of age have completed. In the case of guided tours, this applies to the skipper or the captain of the lead vehicle. These requirements with the exception of Nos. 4 and 5 apply to teachers at the professional training of skippers"

6 paragraph 7:

"Section 7 (1) skipper have to take all precautions, which areas the consideration on the safety of shipping and of persons, as well as the professional training, in order to avoid the following: 1. the threat to people's lives;"

2. damage to vehicles or floats, banks, regulatory structures and systems of every kind in the water or on the shore;

3. disabled the boat or commercial fishing;

4. the inflicting of injury to crew members and other on Board of the vehicle, association or float persons at ports or quays and the environment;

5. contamination of the waters.

(2) the provisions of paragraph 1 apply also to persons under their care, floating facilities are provided."

7. in § 24 para 14 the word order is after the phrase "with an accident according to § 31" "or with a coarse violation of navigation rules in the sense of § 129 1 Z 2" added.

8. in section 26 is in paragraph 1 after the expression "intrusions" the phrase "other investments", in paragraph 3 after the expression "Lines," the expression "other assets," added.

9 section 26 the following paragraph 5 is added:

"(5) by regulation, rules on an in-patient of costs for the construction, maintenance, operation, to set the change and the removal of floating waterway signs on inland waterways according to the principle of recovery of the personnel arising for the authority and non-personnel costs are in the interest of simplicity and expediency."

10 paragraph 29:

"§ 29 (1) causes a gridlocked in a body of water or sunken vehicle or an object related to the equipment or load a vehicle and fallen into the waters impaired the security of shipping or by persons or contamination of water, on waterways also impaired the right of navigation, the liquid of the commercial shipping traffic or adverse changes in the water base or existing hydraulic works or can be assumed" , the skippers are that this creates such impairment, and the claimant is obliged to take immediately all necessary measures to eliminate the obstacle. Leads to impaired the security of shipping on waterways a gridlocked or sunken vehicle or of persons or the liquid of the traffic of the commercial shipping industry, which requires a traffic control through the maritime supervision in place, monitoring fees are from the fourth calendar day after the emergence of the obstacle of the designated in accordance with article 66 par. 5 payable.

(2) not promptly comply with the designated his obligation to the removal of the obstacle, has given him the removal of the obstacle decision to put the authority in setting a period corresponding to the degree of disability of shipping or the extent of adverse changes of the current sole or existing water buildings, not extensible. Are the safety of shipping through the barrier on waterways or of persons or the liquid of the commercial shipping traffic compromised, contaminated the waters or the waters of sole or existing hydraulic works adversely the security of shipping changed on other waters or persons affected, is the communication pursuant to § 57 of the General administrative procedures Act 1991 - AVG, Federal Law Gazette No. 51 / 1991 in the amended , to enact.


(3) in the case of danger in delay, on waterways in non-compliance with the administrative decision obligations pursuant to par. 2 also impaired the security of shipping or by persons or contamination of the water, a significant disturbance of the order of shipping or the liquid of the commercial shipping traffic or adverse changes in the waters sole or existing hydraulic works, the authority has the removal and, if necessary, the removal and disposal of the obstacle without delay to cause , on waterways by means of contract pursuant to § 10 para 1 subpara 2 lit. f of the water Street Act, Federal Law Gazette I no. 177/2004. The claimant has on waterways of the contracted company to reimburse the costs of the authority; also the owner of the vehicle or item severally liable for these costs. If a transfer of ownership has occurred in the meantime, liable the liability of possessor for the cost of the seller unlimited at face value, the acquirer up to the amount of the market value of the vehicle or item. By way of derogation from section 1 paragraphs 1 and 2 of the administrative enforcement Act 1991 - VVG, BGBl. No. 53/1991 amended, the authority may encounter waterways upon request the responsible society under the conditions referred to in article 8 VVG injunctions.

(4) in the case of measures pursuant to paragraph 3, no entitlement to compensation is VVG in case of damage of the vehicle or item including its cargo in accordance with the provisions of section 4. On inland waterways, the authority shall, if there is no viable alternative to arrange also whose total or partial destruction, without any compensation to the debtor in the course of the removal of the obstacle.

(5) that are 1 measures to 4 and 7 in the paragraph on floats, floating plants, and navigation systems, which are decreased, or stuck in a rut, and things got in the water to apply, if this creates an impairment listed in paragraph 1.

(6) the measures provided for in paragraphs 1 to 4 and 7 shall apply to vehicles and floats, exists for which no approval (part 6 of the Federal Act) and who lie so still in the fairway, especially on public countries which are, under the management of the Federal Government that they the safety of navigation or by individuals who affect the order of shipping or the liquid of the commercial shipping traffic or cause contamination of the water or that a change of Water management must be feared such deterioration or contamination.

(7) in connection with the removal of an obstacle by the authority in accordance with article 38, paragraph 1 Z 4 help service provided the designated from the fourth calendar day after the emergence of the obstacle of cost replacement has to be. Paragraph 3 shall apply mutatis mutandis with respect to liability to one-piece hand and transfer of title. The height of the refunding is set according to the principle of coverage for the authority personnel and material costs through regulation."

11. in § 42 para 2 Z 2 is the expression "(§§ 5 Abs. 2 und 6 Abs. 1)" is replaced by the expression (§ 5 para 2 to 2d, and article 6, paragraph 1).

12. in § 45 para 2, article 90, par. 2, § 99 paragraph 2 and 3, and art. 103 par. 6, the word "for training purposes" is replaced by the phrase "other commercial purposes".

13 49 paragraph 7 the following sentence is added to §:

"A copy of the permit is to deliver the Federal statistics for Austria."

14 paragraph 52 para 1 and 2:

"(1) newly constructed or significantly modified shipping facilities that serve the commercial shipping or other commercial purposes, may be used only after the completion of construction and operated, if the authority has carried out the initial inspection (initial inspection) and grants the use of the.

(2) by regulation is taking account of the intended use to determine in particular the handling of dangerous goods, of the Susquehanna, the passenger shipping industry or commercial training of skippers, and the conservation status of plants which recurring to check shipping facilities in accordance with para 1 in what intervals by the authority are (after review)."

15 in § 76 para 1, the point at the end of a sentence No. 3 is replaced by a semi-colon and following Z 4 to 7 will be added: "4. passenger transport services with rowing or sailing vessels, for which no approval is required in accordance with § 101, and where the involvement of persons who are in addition to the skipper on Board of the vehicle, is usually necessary at the movement of the vehicle;"

5. other services with vehicles, except manoeuver in ports by foreign companies under the conditions of paragraph 4;

6 shipping for the professional training of skippers;

7 shipping on rivers with high velocity (whitewater) with inflatable steering vehicles (rafting). "

16. in section 76 shall be inserted after para 3 following paragraph 3a and 3B:

"(3a) the recording of a shipping company for the professional training of skippers with vehicles, for which a certification is required, is to show at least two weeks in advance of the authority including the following features: 1. busy waters, input and Austiegsstellen;"

2. used vehicles stating the registration number;

3. employed teachers, stating their qualifications and the requirements pursuant to § 5 para. 2 b.

Cessation of operations, as well as changes affecting the above characteristics, are to show the authority in the same way.

(3B) the recording of a maritime operation to commercial rafting is to show at least two weeks in advance of the authority including the following features: 1 busy waters,- and Austiegsstellen, provided operating hours;

2. used vehicles including manufacturer, type, model year, and maximum permissible number of persons on board;

3. used boat operator, specifying the requirements pursuant to § 5 paragraph 2d;

4. documentation on the approval of the operation with the public interests of the water legislation and nature protection;

5. existence of a business liability insurance.

Cessation of operations, as well as changes affecting the above characteristics, are to show the authority in the same way."

17. in article 76, paragraph 4, the expression "and 5" is inserted in the sentence after the expression "No. 2".

18 § 78 para 1 subpara 1 is: "(1. einer natürlichen, eigenberechtigten Person, wenn Sie a) citizens or-angehöriger of a Member State of the EU or an other party of the EEA or the Swiss Confederation is;"

b) in relation to the exercise of shipping is reliable;

19. in section 78 para 1, the phrase "and the company has established or not only temporary business establishment in the domestic" eliminates Z 2.

20. in section 78 para 1, the phrase "and the entity has established or not only temporary business establishment in the domestic" eliminates No. 3.

21 accounts for in § 78 para 2 Nos. 3 and 4; in paragraph 3, the expression is omitted in the introductory phrase "3, 4 and" and the word "Conditions" is replaced by "Prerequisite".

22. in article 83, paragraph 5 is inserted after the word "Conditions" the phrase "and the presence of a seat or not only temporary business establishment in the country".

23. in section 88 subsection 2 2 following Z be inserted after Z 2a and 2b: '2a.
as Schifffahrttreibender of the authority does not display the recording of a shipping company for the professional training of skippers with vehicles, for which a certification is required, quoting the prescribed characteristics, cessation of operations or changes affecting the prescribed characteristics (§ 76 para 3a);

"does not display 2B. as Schifffahrttreibender of the authority the inclusion of a maritime operation to commercial rafting quoting the prescribed characteristics, cessation of operations or changes which affect the prescribed characteristics, (article 76 para. 3 b);"

24 the text of § 89 is preceded by the sales designation (1); the following paragraph 2 is added:

"(2) according to the provisions of this part prior to entry into force of the Federal Act Federal Law Gazette I no. 180 / concessions granted 2013 for rafting b replace the display in accordance with article 76, paragraph 3."

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

"(2a) which allowed authorized bodies in accordance with paragraph 2 issue calibration certificates only for vehicles, 1 which are registered in an Austrian ship register or 2. If the calibration certificate is required for registration in an Austrian ship register."

For vehicles which are subject to the duty for the registration in the register of a ship, the headquarters or main place of residence must be the or of the designated domestic."

26. in the article 101, paragraph 3, the expression "European Economic Commission" is replaced by the expression "Economic Commission for Europe of the United Nations". Paragraph 4 is deleted.


27. in § 101 paragraph 5, the phrase "and rafts" is omitted.

28. the 7th part is as follows:

"7th part

Ship management

1. main piece

General terms and conditions

Scope

116. (1) this Part applies the reciprocity under the constraint of § 1 para 4 for the management and operation of waters in the § 1 paragraph 1 referred to vehicles and floats on the, as well as for the management and operation of Austrian vehicles and floats on foreign inland waterways on the basis of intergovernmental agreements or in accordance with.

(2) on any other navigable private waters applies this part only for the management and operation of vehicles and floating bodies, the commercial shipping industry, which are used for rental or other commercial purposes.

Permission to the navigation

§ 117. To the independent management of a vehicle or float and the exercise of activities in accordance with article 119, para. 3 ability cards are required.

Exception

118. (1) a certification in accordance with § 117 need among in para 2 to 7 conditions not: 1 foreign leaders and leaders of vehicles of commercial shipping, the waterways or the Austrian part of Lake Neusiedl on;.

2. foreign leaders and leaders of sports cars;

3. leaders and Director of sport vehicles, which have a corresponding certification for the independent management of vehicles on Lake Constance and Austrian inland waters, excluding waterways, ride;

4. leaders and leaders of towed and pushed vehicles, especially towing control women and men, as well as leaders and Director of tenders of vehicles;

5. leaders and leaders of motor vehicles propulsion power of less than 4.4 kW;

6 Directors and Director of rowing vessels;

7 guides and guide vehicles of the armed forces in accordance with paragraph 7;

8 leaders and leaders of sailing vessels;

9 persons who carry out activities in accordance with article 119, para. 3 and have a corresponding foreign certification.

(2) para 1 considered Z 1 only for persons who have a corresponding off international certification, and only to the extent exception pursuant to, as this has been agreed in intergovernmental agreements.

(3) that paragraph 1 Z 2 exemption under only applies to persons who possess a corresponding off foreign certification or certificate issued according to the recommendations of the Economic Commission for Europe of the United Nations for leaders and leaders of sports vehicles.

(4) that paragraph 1 does not apply to Z 5 exception pursuant to the leaders and leader of motor vehicles that serve the commercial shipping industry.

(5) qualification badges can be granted up to 30 m members of the armed forces and the army management for independent management of vehicles of the armed forces with a length on the basis of its regulations; However, this permission does not apply to the independent management of other vehicles. The length of the thrust or towing vehicle is governed by derogation from article 123, paragraph 2 associations.

(6) paragraphs 1 to 4 shall apply mutatis mutandis for the leadership of floats.

2. main piece

Qualification badges

General terms and conditions

119. (1) is the ability for independent management of vehicles by passing an exam to prove. Due to the passing examination, a corresponding certification is to exhibit.

(2) Regulation are way to regulate the form and content of formal qualifications statements under directives by international organisations created taking into consideration that for the harmonisation of the requirements for certificates of skippers. While the special knowledge for ship management task that require a special qualification in terms of the safety of the vehicle and by persons, additional qualification badges, prescribed for the use of radar as a navigation device (radar witness), for the leadership of ferry and major associations, as well as for the management of vehicles on road sections, may require (track certificate); is to determine what qualifications statements to use the title "Captain" or "Captain" entitle.

(3) by regulation corresponding qualification badges may be prescribed for activities on board, which require a special qualification in terms of the safety of the vehicle and of people, taking on the guidelines established by international organisations for crew members; These are in particular the conditions for the grant as well as art, design, content, scope of permission and exhibition this qualification badges, as well as the required training in accordance with guidelines established by international organizations.

(4) qualification badges shall be carried in the management of a vehicle and in the exercise of activities on board in accordance with paragraph 3 in the original.

Qualifications certificates of the Federal Army

section 120. The Federal Minister and the Federal Minister for transport, innovation and technology has to issue a certification pursuant to this part holders and holders of a qualification card to the independent leadership of vehicles of the armed forces on request, if the permission level of the qualification card of the Federal Army at least the qualification card in accordance with this part.

Recognition of foreign qualifications statements

121. (1) issued by an another EU or EEA country, rightly existing qualification badges according 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, as well as issued by a EU - or EEA country, rightly existing qualification cards according to the Directive 96/50/EC on the harmonisation of the conditions for obtaining national boatmasters for the carriage of goods and passenger transport in the community, OJ No. L 235 of the 17.09.1996 p. 31, as last amended by Regulation (EC) No 1137/2008, OJ No. L 311 of November 21, 2008 apply S. 1, unless the owner or the holder has completed the age of 21, according to the registered scope of permission as a certification pursuant to this part.

(2) the Minister or the Federal Minister for transport, innovation and technology has while ensuring the reciprocity in individual cases Austrian holders and holders of a foreign, to issue a corresponding certification pursuant to this part on the permission to the independent leadership of vehicles of denominated card on request, if the owner or the holder at the time of the acquisition its or his primary residence in accordance with section 1, paragraph 7 Registration Act 1991 , BGBl. No. 9/1992, the State had issued foreign certification and if the foreign certification under conditions which comply with the requirements referred to in § 123 to § 125 was obtained.

(3) track certificates in accordance with the recommendations of the Danube Commission on boat operator certificates that contain Austrian sections and competence certificates referred to in paragraph 1, whose registered geographic scope includes Austrian sections, equal to keep track certificates in accordance with the regulations adopted on the basis of this part.

International certificate for guides and guide of sports vehicles

122. (1) is holders and holders of domestic qualification cards on request by the authority that has issued a passport or recognized to exhibit an international certificate for the independent management of sports cars; This certificate does not constitute certification for the waters referred to in article 1.

(2) by regulation are kind, establishing the form and content of the international certificate in accordance with paragraph 1; While the guidelines established by international organisations for the "off" position are to take into account international qualification badges.

Requirements, conditions and restrictions

Section 123 (1) on request of the applicant or the applicant's to a certification can whose permission level 1 on certain types of vehicle, 2. to a certain power, 3. a specific carrying capacity, 4 on a given vehicle length, 5 on individual waters or waters parts are restricted. By regulation, the detailed provisions to restrict the scope of permission on the basis of the respective qualification card are to regulate.

(2) the certification requirements, conditions or limits may be granted applicants and applicants, whose physical Eignung is restricted, if thus the risks otherwise associated with the lack of suitability can be avoided; Terms and conditions are to be noted in the certification. Impairment of physical fitness occurs after the acquisition of the qualification card, requirements or conditions can be has subsequently, insofar as this can avoid the risks otherwise associated with a lack of fitness.


(3) by regulation, provisions concerning the limitation of the validity of qualifications statements on a particular age of the owner or the owner's and the evidence of a continuing mental and physical suitability, taking into consideration should be adopted guidelines established by international organizations for the harmonisation of the requirements for certificates of skippers.

(4) there is reason to believe that the owner or the holder of a qualification card to the leadership of vehicles is mentally or physically no longer fully appropriate, providing a medical opinion may be required.

3. main piece

Procedure

Admission to the test

124. (1) the application for admission to the examination in accordance with article 119, paragraph 1 and 2 form, whose art form with a to and content, taking into account the admission requirements (para. 2) through regulation to set.

(2) requirements for admission to the examination are 1 a minimum age corresponding to the requirements for the navigation;

2. the mental and physical fitness to the leadership of a vehicle;

3. the personal reliability;

4. the required driving experience for the management of a vehicle;

5. the training for the performance of first aid and 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.

Further provisions relating to these requirements, taking into account the angestrebeten scope of permission should be adopted by regulation.

Testing

Section 125 (1) after the review of the application for admission to the examination shall be communicated to place and time of the examination of the applicant or the applicant.

(2) the examination consists of a theoretical part and a practical part; It is removed in non-public individual tests. The test is considered to be passed if all theoretical parts as passed will be judged and the practical part will be evaluated by the competent examiner or the competent examiner as passed.

(3) the content of the theoretical and the practical examination as well as the modules are set by regulation, taking into account the guidelines established by international organizations.

Exam and review

126. (1) the candidate or candidates already owner or holder of a restricted certificate card, can be restricted to a serving the extension of the scope of permission for this card check on the appropriate areas of expertise of the theoretical examination or practical examination.

(2) the owner or the holder of a qualification commits a gross breach of schifffahrtsrechtlicher rules, which suggests lack of professional competence, the authority can have a review. The review extends to those areas or parts of the exam that are fixed by the authority, taking into consideration the occurred defects.

Inspection body

127. (1) the examination body for qualification statements, the scope of the permission a) managing vehicles with a length of more than 10 m or for the transportation of more than 12 passengers on inland waterways b) the leadership of vehicles with a length of more than 20 m or for the transportation of more than 12 passengers on other waters as waterways includes, consists of a legally qualified examiner or a legally qualified examiner , a technical examiner or a technical Inspector and a nautical examiner or a nautical accountant who or which decreases the practical examination.

(2) the examination body for other qualification documents in accordance with article 119, paragraph 1 and 2 consists of a legally qualified examiner or a legally qualified examiner and a technical examiner or a technical reviewer, of which one or one decreasing also the practical exam.

(3) the assignment of the test items to the individual expert examiners and-prüfern is to set by regulation according to their qualifications.

(4) the Federal Minister and the Federal Minister for transport, innovation and technology and the country wives or main compatriots have made the active staff of the legal service and of the higher technical service appointed legally and technical examiners or examiners involved in shipping matters within its sphere; the number of technical examiners and examiners of the higher technical service is not enough, may be ordered as technical examiners and auditors if the other requirements are also employees of the superior technical service.

(5) as technical examiners and examiners in accordance with paragraph 1, officials are appointed, who possess at least a qualification Sau Weis, entitled to the independent leadership of vehicles with a length of more than 10 m.

(6) as a nautical examiners and examiners in accordance with paragraph 1, holders are to order one of the desired permission scope of relevant qualification card with a corresponding experience on vehicles in accordance with the desired scope of permission.

(7) as technical examiners and examiners and examiners for the practical examination in accordance with paragraph 2 agents shall be appointed, who have at least a certification corresponding to the desired permission scope.

(8) the appointment of the auditor or the auditor must be a maximum for a period of five years. Re-appointment is permissible.

(9) the Minister or the Federal Minister for transport, innovation and technology and the country wives or main compatriots have to keep records of the examiners appointed by them and inspectors.

Examination fees

128. (1) applicants have to pay a testing fee on the authority that has to bear the office expenses of of authority responsible for the testing; according to the desired certification of them, 75 vH fees the examiners or examiners equally as testing compensation.

(2) the amount of the respective examination fee is set according to the permission level of targeted qualification card and the test burden by regulation.

Deprivation of qualification card

Section 129 (1) of the certification is to withdraw, if the owner or the holder of 1 one 2 and 3 indicated no longer requirements Z which in the article 124, paragraph 2;

2. repeated gross violations of navigation rules committed;

3. an investigation pursuant to article 126 par. 2 of the authority had not undergoing or does not pass the review.

(2) the owner or the holder of a qualification card is required in the case of the withdrawal of the qualification card to reset them the authority immediately after the notification of the withdrawal decision; Taking the appeal has no suspensive effect.

(3) holders and holders of foreign qualifications statements is to recognize the right to leadership of vehicles on Austrian waters under the conditions of paragraph 1 Z 2; the withdrawal is to fill in the certification, if possible without destruction or damage of the card.

(4) the owner or the holder of the qualification card 1 has led a vehicle, a float, or a Federation of the commercial shipping industry in a State of impaired by alcohol with an alcohol content of the blood of 0.5 g / l (0.5 per mille) or more or an alcohol content of the breathing air of 0,25 mg / l, or a vehicle, a float or an Association of non-commercial shipping in one alcohol condition with an alcohol content of the blood of 0.8 g / l (0.8 percent) affected 2 or about it or the requirement of personal reliability pursuant to article 124, paragraph 2 is an alcoholic of breath of 0.4 mg / l, Z 3 for a period of six months, in the first case of repetition for 1 year, in the second repetition of indefinite duration no longer meets.

(5) for holders and owners of foreign qualification badges, the provisions of paragraph 3 are under the conditions and for the period referred to in paragraph 4 apply accordingly.

(6) if the owner or the holder of the qualification card a her or him to transport by rail, the requirement of personal reliability pursuant to article 124, paragraph 2 is legally deprived of aviation - or force driving law of issued certification for driving a vehicle within the meaning of these terms in a State that is affected by alcohol, no. 3 for the duration of this suspension no longer, fulfilled.

(7) in accordance with paragraph 1 is Z 1 withdrawn Certification handed over immediately, as soon as all requirements pursuant to article 124, paragraph 2 are fulfilled.

Provisional acceptance of the competence card


130. (1) the bodies referred to in article 38, paragraph 2 are entitled to a person who is apparently located in a State that is impaired by alcohol or other psychoactive substances or unusual excitement or fatigue, provisionally remove the certification, if it results in a vehicle, commissioned, or tried to take into operation. A certificate must be included the reasons for the decline and an instruction on the steps necessary to recover the ability card is at the preliminary scrutineering.

(2) temporarily removed certification is without delay the authority to submit, for the deprivation of qualification card (section 129 subsection 1) or the deprivation of the right to the leadership of vehicles on Austrian waters (§ 129 para.3) is responsible; the certification but temporarily disconnected due to exceptional excitation or fatigue condition, he is again be issued to the owner or the owner, if this or this from the date of provisional acceptance, has recovered full dominion over her or his mind and her or his body before the end of two days.

(3) the authority indicated in paragraph 2 has again issued provisionally approved certification of the owner or the owner on request if not the Detox - or the withdrawal procedure is initiated.

(4) before again handing over a provisionally drawn empowerment card, independent driving of vehicles, for which a certification is required, is not permitted.

Directory

131. (1) the Minister or the Federal Minister for transport, innovation and technology and the country wives or main compatriots have to keep records about the qualification certificates issued by them.

(2) the list referred to in paragraph 1 consists of a separated according to the type of qualification statements and alphabetically ordered respectively after the names of the holders and holder installation.

4. main piece

Authorities and institutions

Authorities and their responsibilities

132. (1) 1 are authorities within the meaning of this part.
the Federal Minister and the Federal Minister for transport, innovation and technology for qualification statements, whose permission level includes the management of vehicles with a length of more than 10 m or for the transportation of more than 12 passengers on inland waterways as well as ability cards according to section 119 para 3, § 120 and § 121 ABS 2;

2. the Governor or the Governor of lower Austria, Upper Austria or Vienna free choice for qualification statements, whose permission level includes the management of vehicles with a length up to 10 m on waterways;

3. a Governor and a Governor of free choice for other qualification cards;

4. the district administrative authority for administrative penal proceedings.

(2) for the enactment of regulations under this part, the Minister or the Federal Minister for transport, innovation and technology is responsible.

(3) the monitoring of the compliance with the provisions of this part and the regulations adopted on the basis of this part is whether the organs specified in § 38 paragraph 2.

5. main piece

Final provisions

Penal provisions

133. (1) Whoever violates the provisions of this part or the regulations adopted on the basis of this part, commits an administrative offence and is to punish up to 3 633 euros with a fine of 72 euros.

(2) an administrative offence referred to in paragraph 1 commits, in particular, who leads 1. a vehicle or a float without appropriate certification or engaged in an activity referred to in section 119 subsection 3 without appropriate certification (sections 117, 119 and 130);

2. certification for driving a vehicle not in the original carries (section 119 paragraph 4);

3. the name "Captain" or "Captain" leads without having a corresponding certification (section 119 subsection 2);

4. as holder or holders of a qualification card not to comply with the limitations prescribed by the Authority (section 123 paragraph 1);

5. as the holder or holders of a qualification card which by the authority on the occasion of the granting of the qualification card or subsequently granted conditions or conditions that are necessary due to poor physical fitness or have become, does not comply (article 123 para 2).

(3) the provisions of § 43 for the implementation of administrative criminal proceedings against persons without a delivery address in Germany.

Transitional provisions

134. (1) on the basis of the provisions of the Federal law BGBl. No. 535/1978 on provided legislative level skipper regulation, Federal Law Gazette No. 134/1932 in the version of Federal Law Gazette No. 90/1971, issued patents, as well as the on the basis of the Schiffahrtsgesetzes1990, BGBl. No. 87/1989 as amended by Federal Law Gazette No. 429/1995, and that according to the provisions of this part before entry into force of the Federal Act Federal Law Gazette I no. 180 / 2013 issued qualification certificates continue to apply.

(2) the qualification certificates issued on the basis of earlier legislation according to their permissions scope on request of the owner or the owner's can be replaced by ability cards pursuant to this part. There are provisions to adopt what qualification badges can be replaced by ability cards pursuant to this part by regulation.

(3) pursuant to § 121 paragraph 1 in the before entry into force of the Federal Act Federal Law Gazette I no. 180 / 2013 amended continue to apply certificates issued on the recognition of a foreign certificate card.

(4) the provisions of § 126 and article 129, paragraph 1 apply by analogy also for qualification statements, in accordance with paragraph 1 next.

(5) on application of a can cardholders before entry into force of the Federal Act Federal Law Gazette I no. 180/2013 of issued patent of captain for waterways subject to an existing geographical constraint a routes for the entire Danube River with the exception of the maritime waterways are issued.

(6) applications for obtaining the qualification card in accordance with article 123, paragraph 1 I no. 180 / 2013 amended are no. 2 in the entry into force of the Federal Act Federal Law Gazette to do by the competent until then.

"(7) the certification in accordance with article 123, paragraph 1 Z 7 in the entry into force of the Federal Act Federal Law Gazette I no. 180 / 2013 amended applies as proof of the requirements pursuant to § 5 paragraph 2d."

29. the 8 part (sections 140-148), except the headings "part 8" and "Skipper school", is eliminated.

30 after the heading "Skipper school" the following section 148a and heading shall be inserted:

"Transitional provision

section 148a. "In accordance with the Federal law BGBl. No. 535/1978 on provided legislative level skipper schools Ordinance, BGBl. No. 353/1936, of the Shipping Act of 1990, Federal Law Gazette No. 87/1989 as amended by Federal Law Gazette No. 429/1995, as well as of the 8th part of until the entry into force of the Federal Act Federal Law Gazette I permits granted no. 180 / 2013 amended replace display according to § 76 para 3a."

31 § 149 11 the following paragraph shall be added: "(11) the 7th part including contents as amended by Federal Law Gazette I no. 180/2013 1 July 2014 into force. § 52 para 2 of version BGBl I occur no. 180/2013 with 1 January 2015 in force. § 2 Z 12, § 5 para 2 to 2d, § 7, § 24 para 14, § 26 ABS. 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 3, § 83 para 5, § 88 par. 2 Z 2a and 2B, article 89, section 90, paragraph 2 ", Article 93 para 2a, § 99 paragraph 2 and 3, article 101, para. 3 and 5, § 103 par. 6, section 148a and Appendix 1 Z 2 as amended by Federal Law Gazette I no. 180/2013 at the end of the day of the by-laws into force."

32. the text of section 150 is preceded by the sales designation (1); the following paragraph 2 is added:

"(2) section 78 para 2 Z 3 and 4, § 101 paragraph 4, and section 140 to § 148 occur at the end of the day of the announcement by Federal Law Gazette I no. 180/2013 override."

33. According to section 152, the following section 152a and heading shall be inserted:

"Implementation note

section 152a. Due to the provisions of this Federal Act are implemented: 1. Directive 87/540/EEC on access to the occupation of operator in national and international inland waterway transport and on the mutual recognition of diplomas, certificates and other evidence of formal qualifications for this occupation, OJ No. L 322 of the goods S. 20;

2. 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;

3. Directive 94/25/EC on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft, OJ No. L 164 of the 30.6.1994 p. 15, as last amended by Regulation (EU) No. 1025/2012, OJ No. L 316 of the 14.11.2012 S. 12;

4.

the Directive 96/50/EC on the harmonisation of the conditions for obtaining national boatmasters for the carriage of goods and passenger transport in the community, OJ No. L 235 of the 17.9.1996 p. 31, as last amended by Regulation (EC) No 1137/2008, OJ No. L 311 of November 21, 2008 p. 1;

5. Directive 2005/44/EC on harmonised river information services (RIS) on inland waterways in the community, OJ No L 255 of the 30.9.2005 p. 152, as last amended by Regulation (EC) No. 219/2009, OJ No. L 87 of March 31, 2009 p. 109;

6. the directive 2006/87/EC laying down technical requirements for inland waterway vessels and repealing Directive 82/714/EEC of the Council, OJ No L 389 of 30.12.2006 p. 1, last amended by Directive 2012/49/EC, OJ No. L 6 of the 10.01.2013 p. 49;

7. the directive 2009/100/EC on the mutual recognition of navigability for inland waterway vessels, OJ "No. L 259 of 02.10.2009 S. 8."

34. in Appendix 1, the expression "Wörther Lake" Z 2 is replaced by the word "Wörthersee".

Article 2

Amendment to the maritime law the maritime law, BGBl. No. 174/1981, as last amended by Federal Law Gazette I no. 96/2013, is amended as follows: 1 In article 11 par. 4 eliminates the expression "and section 11, paragraph 1".

2. in the VI. section is inserted "Occupation of Austrian ships", which is replaced by "Occupation", the following § 33 and heading after the section heading:

"Sea service book

33. (1) can be issued a sea service book Austrian citizens and nationals and nationals of another Member State of the EU or an other party of the EEA or the Swiss Confederation with main residence in this country at a Verheuerung on sea-going vessels of the Federal Minister and the Federal Minister for transport, innovation and technology on request. There is no obligation to hold a sea service book.

(2) the exhibition of the sea service book must be based on sufficient documentary evidence emerge from which in particular the nationality, identity, the nature of the qualification of the applicant or the applicant's and the Heuer ratio.

(3) the detailed explanations about form, content, and management of the sea service book taking account of paragraph 1 and 2 are to be issued by Decree. Part M of the maritime regulation, Federal Law Gazette No. 189/1981 as amended by Federal Law Gazette II No. 169/2012, considered to be regulations within the meaning of this provision.

(4) the Federal Minister and the Federal Minister for transport, innovation and technology has to keep a register on the sea service books issued by it or him."

3. paragraph 59 the following paragraph 6 is added: "(6) article 11, paragraph 4, and article 33 as amended by Federal Law Gazette I no. 180/2013 at the end of the day of the proclamation into force."

Fischer

Faymann