Change Of Maritime Regulation (Seeschfvo) And The Yacht Registration Regulation (Jachtzulvo)

Original Language Title: Änderung der Seeschiffahrts-Verordnung (SeeSchFVO) und der Jachtzulassungsverordnung (JachtZulVO)

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997491/nderung-der-seeschiffahrts-verordnung-%2528seeschfvo%2529-und-der-jachtzulassungsverordnung-%2528jachtzulvo%2529.html

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169. Regulation of the Federal Minister for transport, innovation and technology, modifies the maritime regulation (SeeSchFVO) and the yacht registration regulation (JachtZulVO)

Article 1

Maritime regulation

Due to article 15 par. 3 of the maritime law - SeeSchFG, Federal Law Gazette No. 174/1981, as last amended by Federal Law Gazette I no. 46/2012, is prescribed:

Ordinance of the Federal Minister for transport over the maritime (maritime regulation - SeeSchFVO), Federal Law Gazette No. 189/1981, as last amended by Federal Law Gazette II No. 171/2009 and the by-laws Federal Law Gazette II No. 74/2011, is amended as follows:

1. title, short title and abbreviation are: "Regulation of the Federal Minister and the Federal Minister of transport, innovation and technology of the maritime (maritime regulation - SeeSchFVO)".

2. the words "Maritime" and "navigation", in all phrases, be replaced by "Shipping" and "Shipping".

3. in article 2, a comma is inserted after the word "Booked" No. 7.

4. part N including the heading reads:

"PART N

International certificates for the management of yachts

Scope of application

§ 199. The provisions of this part apply the issuance of international certificates for the management of yachts.

Form and content of the international certificate

§ 200 form and content of the international certificate to the pattern of the system 30 in compliance with safety regulations (security printing) in accordance with § 2 para 3 of the State printing house Act 1996, Federal Law Gazette I no. 1/1997, meet.

Permission scope of certificates

§ 201. International certificates for the management of yachts are at the respective conditions for motor yachts to make sailing boats or both types of yachts for following permission scopes:



1. for Watt or day trip - permission to the independent leadership of yachts with a length up to 10 m in the ride area 1;

2. for coastal drive - permission to the independent leadership of yachts in the drive area 2;

3. for offshore trip - permission to the independent leadership of yachts in the driving area 3;

4. for global ride - permission to the independent leadership of yachts in the ride area 4.

Requirements for applicants

202. (1) applicants to an international certificate for the management of yachts must at the time of the passing of the examination



1. the age of 18, for an international certificate for Watt or day trip the 16 year age;

2. mentally and physically to the leadership of a yacht be suitable;

3. the required nautical and technical knowledge (seamanship) and maritime experience to the leadership demonstrated a yacht.

(2) applicants and applicants who have not yet reached 18 years of age need to take the examination of the written consent of the legal representative.

(3) the mental and physical suitability of the applicant or the applicant is to be proved by a medical certificate. She has those for the steering of a vehicle of class B in accordance with section 2 of the driver's license law - FSG, Federal Law Gazette I no. 120/1997 in the current version, with the proviso to match that in addition a sufficient color discernment must be demonstrated.

(4) by the production of a medical certificate may be waived, if the candidate or the candidate submits a right existing in domestic certificate of competence of the independent leadership of railcars, force or aircraft or a master - or boatmaster for Austrian inland waters. This is the proof of the color discernment is not required for such a separately to provide.

(5) the seamanship and maritime experience referred to in paragraph 1 Z 3 are for



1 Watt or day trip (§ 2 No. 7) by 50 nautical miles, in particular as watch captain, 2nd for coastal drive (§ 2 Z 8) by 500 nautical miles and 18 Board days, especially as watch captain, 3rd for offshore ride (§ 2 Z 9) 1000 nautical miles and 30 Board days, especially as watch captain, but at least 250 nautical miles as a boat operator, 4 for worldwide travel (§ 2 Z 10) 3500 nautical miles and 70 days of Board , especially as watch captain, but at least 1000 nautical miles as a skipper, in consideration of the driving range, the type (sailing or motor yacht) and size yacht and their different operation and management during the day and at night using the logbook of the ship leader unterfertigter partial copy of the logbook or other similar log records to prove.

Examination regulations

203. (1) must have a theoretical and a practical examination the examination regulations, in which applicants to an international certificate for the management of yachts prove the following:



1. sufficient knowledge of traffic rules governing to the leadership of yachts at sea and nautical and technical knowledge for safe navigation at sea and 2 the ability to apply this knowledge in practice.

(2) the test must include at least the following areas of expertise:



1. satisfactory knowledge of the rules and the nautical publications, in particular the collision regulations, including rules for the fairway marking;

2. General knowledge of Yachting types, yacht construction, use and carriage of safety equipment, operation and maintenance of sail or propulsion machinery;

3. navigation and knowledge of the influence of wind, current and limited Flott water;

4. conduct during meeting and overtaking other vehicles;

5. anchoring and mooring under all environmental conditions;

6 maneuvering in locks and ports;

7. General knowledge of meteorology;

8. General navigation knowledge, in particular the provision of a site and set a safe course;

9 behavior in exceptional circumstances, in particular: a) principles of accident prevention including man over Board manoeuvre, b) measures in the case of collisions, engine failure or grounding, including leak sealing and assistance in case of emergency, c) use of life-saving appliances and rescue equipment, d) fire prevention and fire fighting and e) avoiding water pollution;

10 characteristics of the performance of first aid, taking into account the driving range;

11 environmental protection at sea.

(3) the examination regulations must contain an objective catalogue comprising the areas of expertise referred to in paragraph 2, on the basis of the knowledge of applicants and applicants are to be judged.

(4) the theoretical exam must contain a card work with a navigation task appropriate to the driving range, covering 2 to 4 drive anyway, including power influence.

(5) the practical test is a test drive, duration and itinerary the assessment of skills of the applicant and of the applicant with respect to navigation, general seamanship, navigation in the form to hold according to the respective driving range, allow Harbour manoeuvres and behavior in an emergency (in particular, man over Board manoeuvre) during the day and at night.

(6) the practical test is to hold on board a yacht, which is suitable according to type (sailing or motor yacht), size and equipment for the ride area and for the assessment of knowledge according to the desired amount of permission of the international certificate.

(7) the practical test may be removed only if the theoretical exam with success is laid off. Not more than two years may lie between the theoretical and the practical examination. After expiry of this period is the theory test to repeat.

(8) in the examination regulations can be provided successfully dropped portions of the exam for passing an exam for an extended permission scope must not be repeated.

(9) the successfully dropped practical examination for the driving ranges 2, 3 or 4 replaced the practical examination for the driving range 1 regardless of the type of yacht.

Qualification of examiners and examiners

204. (1) the mental and physical suitability of examiners and examiners must meet the requirements pursuant to § 202 3.

(2) the professional qualifications of examiners and Auditors, separately for motor and sailing yachts, has to include at least:



1 for at least three years corresponding to the qualification card for the test drive area, but at least for the ride 2.

2. seamanship to the extent of at least 5000 nautical miles, of which at least 2000 as a responsible skipper or responsible skipper;

3. at least 30 days of Board within the last five years as a responsible skipper or responsible boat leader. These seamanship is each again to demonstrate at intervals of five years; the audit work constitutes no such Board days;

4. for the ride areas 2 and 3 owned at least a FM operating certificate II (SRC), for the ride area 4 at least a general operating certificate II (LRC) in accordance with radio operator certificate Act 1998 - vehicle, Federal Law Gazette I no. 26/1999 in its up-to-date version;

"5. an evidence of the training for the performance of first aid (§ 15 para 11 SeeSchFG)."

5. the text of section 209 is preceded by the sales designation (1); the following paragraph 2 is added:


"(2) § 2 No. 7 and part N as amended by Federal Law Gazette II No. 169/2012 at the end of the day of the by-laws into force."

6 system 29 is eliminated.

7 plant 30 is replaced by the following system 30:

(See plant 30 under construction)

Article 2

Yacht registration regulation

On the basis of § 13 para 4 of the maritime law - SeeSchFG, BGBl. No. 174/1981, as last amended by Federal Law Gazette I no. 46/2012, is prescribed:

Ordinance of the Federal Minister for public economy and transport on the admission of yachts to the maritime industry (JachtZulVO), Federal Law Gazette No. 502/1994, as last amended by Federal Law Gazette II No. 171/2009, is amended as follows:

1. the words "Maritime" and "navigation", in all phrases, as well as in the title, be replaced by "Shipping" and "Shipping".

2. in the table of contents for the term "§ 3 minimum length" and under the heading "were the phrase" "attachment 3: equipment safety certificate".

3. in section, the phrase "with a length up to 24 m and a gross tonnage of less than 300" is inserted after the word "Vehicle" 2 Z 1.

4. in the section 2a paragraph 2 eliminates the line "A for the Federal Minister for transport, innovation and technology".

5. § 3 together with heading is eliminated.

6 paragraph 1 is eliminated § 4.

7 § 4 par. 2 and 3 are:

"(2) for yachts is a certificate in accordance with Appendix 1 (HIN Hull identification number - for yachts or craft identification number - CIN) or annex 1a (for yachts without Hull Identification Number - or craft identification number - CIN) to exhibit." The measurement sizes must be determined in accordance with Annex 2. Series buildings the investigation on the basis of construction documents is allowed.

(3) change the measurement sizes or details other included in the calibration certificate a new certificate requires."

8 the following paragraph 4 is added to sec. 4:

"(4) in the calibration certificate in addition to specify are:"



a) the acceptable range of drive and b) the maximum number of persons on board.

These details are, taking into account the design category, as well as provided by the manufacturer (manufacturer's label or manual for the owner) in accordance with the regulation of the Federal Minister for Economic Affairs and labour on the requirements for sports boats, Federal Law Gazette II No. 276/2004 in the current version, to set. Where appropriate, the maximum number of persons on board for every ride is separately set."

9 paragraph 1 is § 5.

10. in § 5 para 2, the phrase "with a length of less than 24 m" and the second set accounts for.

11. in the section 6 para 2 is the comma with the word "and" replaced and deleted the phrase "and equipment safety certificate".

12. in section 7 paragraph 1, the phrase "and equipment safety certificates" is omitted.

13. the appendices 1 and 1a are:

(See appendices 1 and 1a systems)

14 Appendix 2 the following sentence is added:

"The greatest length of the vehicle is considered"Length"in m, including all fixed attachments such as parts of rudder and propulsion systems, bowsprit and the like."

15 system 3 is omitted.

16. the plants 4 are up to 7:

(Equipment 4 see to 7 under construction)

Bures