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

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

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169. Regulation of the Federal Minister of Transport, Innovation and Technology, amending the Seeschiffahrts Regulation (SeeSchFVO) and the Jachtzujunctions Ordinance (JachtZulVO)

Article 1

Amendment of the Seeschiffahrts Regulation

Pursuant to Section 15 (3) of the Maritime Law-SeeSchFG, BGBl. No 174/1981, as last amended by BGBl. I No 46/2012, shall be arranged:

The Regulation of the Federal Minister for Transport on Maritime Transport (Seeschiffahrts-Regulation-SeeSchFVO), BGBl. No 189/1981, as last amended by BGBl. II No 171/2009 and the BGBl agreement. II No 74/2011, shall be amended as follows:

1. Title, short title and abbreviation are: " Regulation of the Federal Minister The Federal Minister for Transport, Innovation and Technology on Maritime Transport (Seeschifffahrts Regulation-SeeSchFVO) " .

2. The words "Shipping" and "Ship" , also in all word connections, shall be "Shipping" and "shipping" replaced.

3. In § 2 Z 7, after the word "bays" Insert a dash.

4. Part N with headline reads:

" TEIL N

International certificates for the management of yachts

Scope

§ 199. The provisions of this Part shall apply to the issuing of international certificates for the management of yachts.

Form and content of the International Certificate

§ 200. The form and content of the International Certificate must be the model of the Appendix 30 In compliance with security regulations (security pressure) in accordance with § 2 para. 3 of the State Printing Act 1996, BGBl. I No 1/1997.

Entitlement scope of certificates

§ 201. International certificates for the management of yachts shall be issued in the case of the respective conditions for motor yachts, sailing yachts or both types of yachts for the following authorship of the following authorization:

1.

for Watt-or day-drive-entitlement to self-guided guidance of yachts with a length of up to 10 m in the riding area 1;

2.

for coastal voyage-eligibility for self-employed guidance of yachts in driving area 2;

3.

For coastal travel-entitlement to self-guided guidance of yachts in the driving area 3;

4.

for global travel-authorization for self-guided guidance of yachts in the riding area 4.

Requirements for applicants

§ 202. (1) Applicants to an international certificate for the management of yachts must at the time of the filing of the examination

1.

the 18. Year of life, for an International Certificate for Watt or day trip the 16. Year of life;

2.

be able to be mentally and physically suitable for the guidance of a yacht;

3.

the required nautical and technical knowledge (seafaring practice) and seafaring experience to guide a yacht.

(2) Applicants, who shall be the 18. The written consent of the legal representative shall be required for the purpose of filing the examination for the year.

(3) The mental and physical aptitude of the applicant proof of the applicant must be proven by a medical certificate. It has that for the steering of a motor vehicle of class B according to § 2 of the German driving licence law-FSG, BGBl. I n ° 120/1997, as amended, with the proviso that a sufficient colour distinguishing capacity must also be established.

(4) The application of a medical certificate may be waited if the applicant or the applicant is not required to provide a medical certificate. the applicant submits a certificate of competency for the independent management of railcars, motor vehicles or aircraft, or a master or ship driver's patent for Austrian inland waters, which is rightly held domestily. If it is not necessary for such a proof of the colour discrimination property, it must be provided separately.

(5) The seafaring practice and the maritime experience referred to in paragraph 1 Z 3 shall apply to:

1.

Watt-or day-trip (§ 2 Z 7) by 50 nautical miles, in particular as a guard guide,

2.

for coastal voyages (§ 2 Z 8) with 500 nautical miles and 18 boarding days, in particular as a guard guide,

3.

for coastal travel (§ 2 Z 9) by 1000 nautical miles and 30 days of flight, in particular as a guard, but at least 250 nautical miles as the ship's guide,

4.

for a worldwide journey (§ 2 Z 10) by 3500 nautical miles and 70 boarding days, in particular as a guard guide, but at least 1000 nautical miles as the ship's guide,

in the light of the driving range, the type (sailing or motor yacht) and the size of the yacht and its various handling and guidance by day and by night by means of a logbook, signed by the skipper of the logbook or by the ship's guide; or other logbook-like records.

Examination Rules

§ 203. (1) The examination regulations must provide for a theoretical and a practical examination, in which applicants for an international certificate for the management of yachts can demonstrate the following:

1.

Sufficient knowledge of the traffic rules applicable to the management of yachts at sea and the necessary nautical and technical knowledge of safe shipping at sea and

2.

the ability to apply this knowledge in practice.

(2) The examination must include at least the following subjects:

1.

adequate knowledge of the rules in force and of the nautical publications, in particular the rules on the prevention of conflicts, including the rules on the designation of waterways;

2.

general knowledge of yacht types, yacht construction, use and carrying of safety equipment, operation and maintenance of sails and/or drive machines;

3.

Ship management and knowledge of the influence of wind, electricity and limited flotation water;

4.

Behaviour during the encounter and overtaking of other vehicles;

5.

Anchors and mooring under all environmental conditions;

6.

maneuvering in sluices and ports;

7.

general knowledge of meteorology;

8.

general knowledge of navigation, in particular the determination of a location and the establishment of a safe course;

9.

Behaviour under special circumstances, in particular:

a)

the basis of accident prevention, including man-overboard maneuvers,

b)

Measures in the event of clashes, machine failures or basic contact, including leak sealing and emergency assistance,

c)

Use of rescue equipment and rescue equipment,

d)

fire prevention and control; and

e)

Prevention of water pollution;

10.

Special features of the performance First aid, taking into account the driving range;

11.

Environmental protection at sea.

(3) The examination regulations must contain a learning target catalogue, which contains the subject areas in accordance with paragraph 2, and on the basis of which the knowledge of the applicants must be assessed.

(4) The theoretical test must include a map work with a navigation task appropriate to the driving range, for which travel ranges 2 to 4, in any case, including current influence, are included.

(5) The practical test shall be held in the form of a test drive, the duration and route of which shall be the assessment of the applicant's abilities, in accordance with the relevant driving range. of the applicant in respect of ship management, general seamanship, navigation, port maneuvers and behaviour in emergencies (in particular man-over-board maneuvers) by day and by night.

(6) The practical test shall be carried out on board a yacht which, by type (sailing or motor yacht), size and equipment, for the relevant driving range and for the assessment of the knowledge in accordance with the intended scope of the authorisation of the International certificate is suitable.

(7) The practical test must not be accepted until the theoretical test has been successfully completed. There must be no more than two years between the theoretical and the practical tests. After the expiry of this period, the theoretical examination shall be repeated.

(8) In the examination regulations it can be provided that the test parts already successfully filed must not be repeated when a test for an extended authorization scope is laid down.

(9) The successfully completed practical test for the travel ranges 2, 3 or 4 replaces the practical test for the driving range 1, irrespective of the type of yacht.

Qualification of examiners

§ 204. (1) The mental and physical aptitude of the examiners must comply with the requirements laid down in § 202 (3).

(2) The professional qualifications of the examiners, separated by engine and sailing yachts, shall include at least one of the following:

1.

for at least three years, possession of the certificate of competence for the driving area corresponding to the test, but at least for the driving range 2;

2.

Seafaring practice to the extent of at least 5000 nautical miles, of which at least 2000 shall be the responsible vessel guide Responsible ship ' s guide;

3.

at least 30 days of flight within the last five years as the responsible vessel manager; responsible ship guide. This nautical practice must be reconfirmed at a distance of five years; the audit activity does not give rise to such a boarding days;

4.

For the driving ranges 2 and 3, at least one VHF operating certificate II (SRC), for the driving area 4 of at least one General Operating Certificate II (LRC) according to the Funker-Zeugnisgesetz 1998-FZG, BGBl. I No 26/1999, as amended;

5.

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

5. The text of § 209 shall become the sales designation "(1)" , the following paragraph 2 is added:

" (2) § 2 Z 7 and Part N in the version BGBl. II No 169/2012 shall enter into force at the end of the day of the customer's presentation.

6. Annex 29 is deleted.

Appendix 30 shall be replaced by the following Appendix 30:

(Annex 30, see annexes)

Article 2

Amendment of the Yacht Registration Regulation

Pursuant to Section 13 (4) of the Maritime Law-SeeSchFG, BGBl. No 174/1981, as last amended by BGBl. I No 46/2012, shall be arranged:

The regulation of the Federal Minister of Public Economy and Transport on the admission of yachts to sea shipping (JachtZulVO), BGBl. No 502/1994, as last amended by BGBl. II No 171/2009, shall be amended as follows:

1. The words "Shipping" and "Ship" , also in all word links and in the title, shall be "Shipping" and "shipping" replaced.

2. The expression in the table of contents " § 3. Minimum lengths " and under the heading "Assets" the phrase "Appendix 3: Equipment Safety Certificate" .

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

4. In § 2a (2) the line shall be deleted "A for the Federal Minister for Transport, Innovation and Technology" .

5. § 3 together with the title shall be deleted.

6. § 4 (1) deleted.

7. § 4 (2) and (3) are:

" (2) For yachts, a measurement letter according to Appendix 1 (for yachts with Hull Identification Number-HIN or Craft Identification Number-CIN) or Annex 1a (for Jachts without Hull Identification Number-HIN or Craft Identification Number-CIN). The surveying sizes shall be: Appendix 2 to be identified. In the case of series buildings, the determination on the basis of building documents is permissible.

(3) A new measurement letter is required if the survey sizes or other information contained in the measurement letter are changed. "

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

" (4) In the measurement letter must also be stated:

a)

the permissible travel ranges and

b)

the maximum number of persons on board.

This information shall be given in the light of the design category and the manufacturer ' s data (manufacturer ' s certificate or certificate). Manual for the owner) according to the regulation of the Federal Minister of Economics and Labour on the requirements for sports boats, BGBl. II No 276/2004, as amended. Where appropriate, the maximum number of persons allowed on board shall be laid down separately for each travel area. "

9. § 5 (1) is deleted.

10. In § 5 (2), the word sequence shall be deleted "with a length of less than 24 m" and the second sentence.

11. In § 6 (2), the words shall be replaced by the word "and" replaces and eliminates the word sequence "and Equipment Safety Certificate" .

12. In § 7 (1) the word order is deleted. "and equipment safety certificates" .

13. Appendixes 1 and 1a are as follows:

(see Appendixes 1 and 1a see annexes)

14. Annex 2 is added to the following sentence:

"The maximum length of the vehicle shall be considered to be the maximum length of the vehicle in m, including all fixed attachments such as parts of ruder and propulsion systems, bow spriet and the like."

15. Annex 3 is deleted.

16. The annexes 4 to 7 are:

(see annexes 4 to 7 see Annexes)

Bures