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Yacht Management - Examination Regulations - Jachtpro

Original Language Title: Jachtführung-Prüfungsordnung – JachtPrO

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170. Regulation of the Federal Minister of Transport, Innovation and Technology, which lays down an examination regulations for private certificates on the basis of which international certificates for the management of yachts are to be issued (Jachtführung-examination regulations-JachtPrO)

Pursuant to Section 15 (8) of the Maritime Law-SeeSchFG, BGBl. No 174/1981, as last amended by the Federal Law Gazette (BGBl). I No 180/2013, shall be arranged:

table of contents

Section 1
General

§ 1.

Purpose of the standard

§ 2.

Scope

§ 3.

Legislation on the subject

Section 2
Administrative infrastructure

§ 4.

Local availability

§ 5.

Equipment

§ 6.

Time Availability

§ 7.

Cost replacement

Section 3
Examiners

§ 8.

Order

§ 9.

Exercise of audit activity

§ 10.

Audit Report

§ 11.

Cost replacement

Section 4
Examination approval

§ 12.

Application

§ 13.

Authorisation

§ 14.

Seafaring practice and seafaring experience

Section 5
Organization of the audit

§ 15.

Supervision of the examination dates

§ 16.

Theoretical examination

§ 17.

Practical examination

§ 18.

Receipt of audit reports

6.
Private Qualification Certificates

§ 19.

Certification for the acquisition of international certificates

Section 7
Private examination regulations

§ 20.

Application of additional provisions and requirements

8. Section
Final provisions

§ 21.

entry into force

§ 22.

Transitional provisions

Section 1

General

Purpose of the standard

§ 1. The purpose of this Regulation is to establish a binding uniform audit order for audits carried out in the private legal relationship, which should be suitable for the acquisition of international certificates for the management of yachts.

Scope

§ 2. Pursuant to Section 15 (1) of the SeeSchFG, this Regulation is subject to a valid statement of the Federal Minister's notice. of the Federal Minister of Transport, Innovation and Technology for the administrative infrastructure, the appointment of examiners, the approval of applicants, the organisation of to apply tests and the issuing of certificates of competency, provided that such certificates are issued by these examination organisations on the basis of these tests in the private legal relationship for the self-employed management of yachts Lake as the basis for the exhibition of international certificates for the management of yachts, in accordance with the recommendations of the United Nations Economic Commission for the United Nations (UNECE), to the extent of Resolution No 40 of 16 December 2008, October 1998.

Legislation on the subject

§ 3. The provisions of the legislation are the Seeschifffahrts Regulation-SeeSchFVO, BGBl. No. 189/1981, and the Jachtzujunctions Ordinance-JachtZulVO, BGBl. No 502/1994, in the relevant versions.

Section 2

Administrative infrastructure

Local availability

§ 4. The administrative infrastructure for the performance of the tasks of the appointment of the examiners, the handling of the procedures for the admission of applicants to the exams, the organisation of the exams and the exhibition of the Certification has to be found in the premises of the Examination Organisation in Germany.

Equipment

§ 5. The administrative infrastructure has sufficient human resources to fulfil the tasks in accordance with § 4 within the scope of the application in accordance with § 2 of the relevant knowledge and sufficient equipment with material resources, in particular the telecommunications and electronic data processing.

Time Availability

§ 6. The administrative infrastructure is for use by applicants for the submission of applications for examination approval and the receipt of information each year at least 45 weeks on four days each for three hours. shall be kept ready.

Cost replacement

§ 7. (1) Examination organisations shall be entitled to civil law against applicants for reimbursement of the costs of their expenses, who are to be paid out by the organisation of the examinations and those to be paid to the examiners in accordance with § 11 (1). Cost replacement is caused. The components of these costs incurred in the course of the examination of a number of applicants, regardless of their number, in the same place and on the same day are to be charged on a pro rata basis.

(2) An appropriate flat-rate of the costs referred to in paragraph 1 shall be permitted.

Section 3

Examiners

Order

§ 8. (1) Subject to additional requirements by the examination organisations, persons who can prove the fulfilment of the requirements pursuant to Section 204 of the SeeSchFVO can, in respect of § 204 sec. 2 Z 1 SeeSchFVO by means of a certificate of competency according to SeeSchFG and with regard to § 204 (2) (2) (2) and (3) of the SeeSchFVO by means of a logbook, a copy of the logbook or other logbook-like records, signed by the master of the ship, by audit organisations on request with a minimum content of Sample Appendix 1 to be appointed to the examiners. The order is permitted by a number of audit organisations.

(2) The order in accordance with paragraph 1 or any justification of a non-order shall be made exclusively in the private legal relationship.

(3) An order in accordance with paragraph 1 is based on the recurring proof of the nautical practice and maritime experience pursuant to § 204 paragraph 2 Z 3 SeeSchFVO, whereby yachts used for the practice for sailing yachts and for the practice for motor yachts in each case shall be subject to the requirements laid down in paragraph 9, on a temporary basis.

(4) With the expiry of the term of validity of the decision addressed to the issuing examination organization pursuant to Section 15 (1) of the SeeSchFG, the order shall be based on the terms of Section 1. If a communication is renewed within six months with regard to the examination organisation and the content of idents, the order shall continue to apply, otherwise it shall end in the scope of application in accordance with § 2. The periods referred to in paragraph 3 shall remain effective during this period.

(5) The evidence underlying the order in accordance with Section 204 of the SeeSchFVO shall be documented by the Examination Organization at least in the form of a copy and shall be kept for the duration of the validity of the order. The storage of the evidence in digital form (scan) is sufficient. The application referred to in paragraph 1 shall be subject to the applicant's consent to the storage or storage of personal data concerning him for the purposes of official control in accordance with Section 15 (9) of the SeeSchFG under the condition of a person responsible for the protection of the personal data. Order for the duration of its validity as granted.

(6) With their order by the Examination Organization, examiners shall be issued by the examiner with the name and/or the number of individualized examiners; this stamp shall be returned after the order has expired.

(7) For an optional test piece "Pyrotechnics" persons can be ordered by examination organisations persons to be examiners, who can use one for pyrotechnic articles of category P2, product group Seenot-signalling means, valid Pyrotechnic identification according to § 19 of the Pyrotechnic Act 2010, BGBl. I No 131/2009.

(8) The logbook-like records referred to in paragraph 1 shall be kept in records with the following minimum contents:

1.

the meteorological and navigational information relevant to the journey (e.g. B. Courses, positions, distance travelled, weather observations including wind direction, and
-strength, tides);

2.

summary information on the journey, in particular the time of departure and arrival, as well as driving interruptions and more extensive manoeuvres (change of propulsion mode, change of sailing);

3.

information about the crew and their tasks;

4.

where appropriate, information on accidents, Havaria with a detailed description of the Hergang and all the details;

5.

Information on other important events and actions.

(9) It shall be considered as:

1.

Sailing yacht : vehicle which receives its drive mainly by wind, even if a motor is installed or attached. This also includes the so-called motor sailers;

2.

Motor yacht : vehicle which receives its drive primarily by means of a motor, irrespective of whether there is also a support control.

Exercise of audit activity

§ 9. (1) The examiners shall carry out their duties independently and unobjectively and shall objectively assess the knowledge of the candidates. Examiners are not permitted to receive instructions in connection with the examination ratio.

(2) If examiners or examiners have reasonable grounds for suspicion of their bias towards applicants or the existence of other reasons which could jeopardise the objective assessment of the knowledge of applicants, they shall abstain from the audit work and shall immediately inform the audit organisation to be considered for consideration.

(3) It is particularly appropriate to assume that the examiner or examiner shall be subject to the the auditor

1.

in a remuneration-or work-contractual relationship to an examination organisation, irrespective of an order by such an organisation, or for the applicant or the applicant. to the applicant;

2.

in the training of the applicant the applicant has been significantly involved in the event; in any event, a lecture activity in the course of the theoretical training and the ship management during training trips (training trips) shall be considered to be decisive within the last two years before the date of the practical examination;

3.

to the applicant to the applicant in relation to one or more is a co-authorised person, a co-obligated person or a responsible person;

4.

with the applicant is related to the applicant up to and including the third degree in a straight line or a sidelines or is not covered;

5.

with the applicant where the applicant is or has been or has been living or living in a registered partnership;

6.

to the applicant to the applicant in the relationship between choice or foster parents, choice or foster children;

7.

Owner/owner Owner, otherwise authorized or otherwise Authorized person or ship manager The ship's guide shall be the yacht used for the test.

(4) The examiner the examiner is not obliged to refuse to repudiate any audit work on the grounds of a given or assumed bias towards other persons, in particular the applicant, the applicant or the audit organisation to be examined. Reasons.

(5) Recognient examination organisations infringements of the examiners appointed by them in accordance with Section 8 (1) against provisions in accordance with paragraphs 1 to 3, they have to revoke the order, if it has been proven to be proven that the administrative Infrastructure of the organization according to § 15 para. 2 Z 3 SeeSchFG, in particular with regard to the proficiency level according to § 5, within the scope according to § 2 is not sufficient. This is also true if the audit organisation appears to have been able to identify such violations.

Audit Report

§ 10. (1) examiners shall have the essential details of the proof of identity to be submitted to them, as well as the examination approval of the applicants, the examination questions and the tasks addressed to them, the results obtained Examination answers and task solutions as well as the test result, which must be noted with "passed" or "not passed", as a test report with minimum content according to the model according to Appendix 2 to be recorded in writing in a comprehensible manner. The audit report shall be submitted by the examiner. to be completed by the examiner, with the addition of an impression of the test stamp in accordance with § 8 (6).

(2) The examiners have to choose their examination questions and tasks in accordance with the learning target catalogue in accordance with Appendix 3 , This is not to be assigned to the applicant. Applicants with a prerequisite knowledge of the learning target catalogue will be able to avoid surprising examination questions and tasks.

(3) The examination report, including supplements, shall be the original of the examiner. the auditor, and at least the examination report on the theoretical examination, but without any supplements, of the applicant, or the applicant of the to be notified in writing of the request.

Cost replacement

§ 11. (1) examiners shall have a civil claim to the costs of their expenses incurred as a result of the audit work in relation to the audit organisation which they are participating in.

(2) The commercial exercise of a test activity within the scope of the scope of application in accordance with § 2 shall not be permitted.

Section 4

Examination approval

Application

§ 12. (1) Austrian citizens, other persons with a main residence in Germany, may be admitted for examination in a test organisation with a minimum content according to the model. Appendix 4 According to § 202 SeeSchFVO, with regard to seafaring practice and maritime experience with minimum contents according to the model according to § 202 of the SeeSchFVO Appendix 5 in the case of the evidence in accordance with § 202 (5) of the SeeSchFVO by means of a logbook, a copy of the logbook signed by the skipper or other log-book-like records in accordance with section 8 (8), in which case the practice of sailing yachts and For the practice of motor yachts, yachts must comply with the requirements laid down in § 8 (9).

(2) The admission to the examination pursuant to para. 1 or any justification of the non-authorisation shall be made exclusively in the private legal relationship.

(3) The separate application for a theoretical and practical examination, including in the case of various examination organisations, is admissible. Subject to the provisions of Section 17 (2), examination organisations are required to carry out only the practical examination which, in the case of another examination organisation according to Article 15 (1) of the SeeSchG, is applied for a valid determination of the arrest. , using an audit report with minimum content according to the model Appendix 2 in accordance with the conditions laid down in this Regulation, with a "passed" theoretical examination.

(4) The evidence in accordance with Section 202 of the SeeSchFVO must be documented by the Examination Organization at least in the form of a copy and must be kept for a period of at least three years. The storage of the evidence in digital form (scan) is sufficient. The application referred to in paragraph 1 shall be subject to the applicant's consent to the storage or storage of personal data concerning him for the purposes of official control in accordance with Section 15 (9) of the SeeSchFG under the condition of the Issuing a private certificate of competence with a minimum content according to the model referred to in Appendix 6 for a period of at least three years from the date of issue.

Authorisation

§ 13. (1) After the application has been submitted, the Examination Organization shall review the existence of the conditions in accordance with § 202 of the SeeSchFVO. The conditions laid down in § 202 (1) and (2) of the SeeSchFVO, if applicable, must be proven before the practical examination. If the examination organisation leaves the applicant, to the applicant for examination, she/she has her/her announce to him the examiner as well as the examination date and place of examination. The examiners must be informed accordingly.

(2) By way of derogation from paragraph 1, the approval for the practical test for the driving area 3 may already be granted in the presence of the nautical practice and maritime experience required for the travel area 2. In this case, the nautical practice and maritime experience beyond the requirements for travel area 2 must be demonstrated before issuing a private certificate of competence in the scope of application in accordance with § 2.

Seafaring practice and seafaring experience

§ 14. (1) The nautical practice and maritime experience pursuant to § 202 para. 5 SeeSchFVO is to be provided separately for sailing yachts and for motor yachts (§ 8 para. 9) and has at least the following evidence of experience to include:

1.

For driving range 1: a night-time drive with night-time control;

2.

for driving range 2: three night-time journeys with a night-time control;

3.

for travel area 3:

a)

Five night-time journeys with a night-time control;

b)

in the case of sailing yachts, a journey of at least 50 hours without interruption; within this period, a total of at least 10 hours must be completed outside the driving range 2;

c)

for motor yachts, three crossings between ports situated in a straight line at least 100 nautical miles from each other;

4.

for driving area 4:

a)

15 night trips, of which at least three are subject to night-time control;

b)

Control of at least four different ports in tidal areas;

c)

a continuous journey over a distance of at least 500 nautical miles, of which at least 100 nautical miles outside the journey area 3, shall be at least 300 nautical miles apart from each other;

(2) According to paragraph 1, the following shall apply:

1.

Crossing : a journey in an approximately straight line between two ports, where the straight line includes a distance of at least 20 nautical miles outside the driving range 2;

2.

Night control : a journey or part of a journey in which a berth is reached more than two hours after sunset, but not later than two hours before sunrise;

3.

Night trip : journey between sunset and sunrise with a duration of at least three hours;

4.

Gezeitenrevier : a coastal area in which the tidal stroke at Nippzeit is at least two metres.

Section 5

Organization of the audit

Supervision of the examination dates

§ 15. The examination organisation shall allocate the applicants at their disposal to the examiners at their disposal and shall ensure the conditions for the completion of the examinations.

Theoretical examination

§ 16. The theoretical examination within the scope of application in accordance with § 2 has the following requirements: Annex 3a shall be appropriate.

Practical examination

§ 17. (1) The practical examination within the scope of application in accordance with § 2 has the following requirements: Appendix 3b shall be appropriate.

(2) The practical test shall 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.

Receipt of audit reports

§ 18. (1) The audit organisations shall have test reports with minimum content according to samples submitted by the examiners who have been assigned by them. Appendix 2 , including supplements (card work and questionnaire).

(2) The examination organisations shall have the documentation submitted by the examiners who have been assigned by them, as well as the test minutes with minimum content according to the model referred to in Appendix 3b to take the practical test.

(3) The examination reports, including supplements (card work and questionnaire), as well as the documentation and examination minutes relating to the practical examination, shall be documented by the examination organisation, at least in the form of a copy, and for the To be kept for a period of at least three years. The storage of the evidence in digital form (scan) is sufficient.

6.

Private Qualification Certificates

Certification for the acquisition of international certificates

§ 19. (1) Examination organisations shall have private certificates for the self-employed management of yachts at sea within the scope of Article 2 with minimum content according to the model in accordance with Appendix 6 ,

(2) Examination organisations shall have competence in accordance with paragraph 1, subject to the provisions of Section 12 (3), solely on the basis of tests carried out by the examiners appointed by them in accordance with Section 8 and assigned in accordance with § 15 To be able to issue verifiers. In particular, certificates of competency referred to in paragraph 1, drawn up on the basis of certificates issued under the legal order of another State by the State or by a person authorised to do so by that State, shall be within the scope of the provisions of Article 2 (2) of this Regulation. not usable. For examination organisations which issue certificates of competency as referred to in paragraph 1 on the basis of certificates issued under the legal order of another State by that person or by a person authorised to do so by that State, the competent authorities shall: Offering or applying for an exhibition has proved to be proven that the administrative infrastructure of the organisation according to § 15 para. 2 Z 3 SeeSchFG, in particular with regard to the proficiency level according to § 5, is not sufficient in the scope of application according to § 2.

(3) Examination organisations have the issue of a certificate of competency in accordance with paragraph 1 for motor yachts or To refuse sailing yachts, if the yacht used for the practical test did not comply with the provisions of § 8 (9).

(4) The development of private certificates issued by examination organisations and the terms used may lead to confusion with the International Certificate for the Management of Jachts pursuant to Appendix 30 to Section 206 (3). SeeSchFVO will be responsible for these certificates in spite of the fact that the Federal Minister of Germany and the Federal Republic of Germany are responsible for The Federal Minister of Transport, Innovation and Technology, who has issued a reasoned indication that such evidence is likely to cause confusion, has been issued by the Federal Minister of Transport, Innovation and Technology, and has been issued as to the extent that the administrative infrastructure of the organisation pursuant to section 15 (2) (3) of the SeeSchFG (SeeSchFG), in particular with regard to the state of knowledge pursuant to § 5, is not sufficient in the scope of application according to § 2. There is a risk of confusion, in particular when using the terms "international certificate", "international certificate", "certificat international", "IC" and "ICC", in the citation of resolutions of UNECE as well as in the use of official Names or symbols of the Republic of Austria within the meaning of the Wappengesetz, BGBl. No 159/1984, unless authorisation has been granted by the competent authority to be adopted.

(5) Within three years after the issuing of a private certificate of competence provided with a note in accordance with Section 15 (5) of the SeeSchFG, it should be shown that the conditions laid down in § 202 of the SeeSchFVO were not met and that the conditions for the issuing of a private certificate were not met. , the audit organization has the via donau-Österreichische Wasserstraßen-Gesellschaft m. b. H. thereto, as well as, where appropriate, through the final judgment in this regard, with regard to civil litigation in this regard, with holders or holders of such certificates of competence. The via donau-Österreichische Wasserstraßen-Gesellschaft m. b. H. has published on its website the numbers of international certificates concerned, with the note that these international certificates for the management of yachts in the opinion of the audit organisation concerned are issued without any legal issues, and the holders of the Notify owner. If they return the relevant certificates, their number is to be removed from this website. This also applies to legally enforceable civil court rulings in favour of the holders.

(6) If, in the course of an official inspection pursuant to Section 15 (9) of the SeeSchFG (SeeSchFG), unfulfilled conditions are established in accordance with paragraph 5, and the examination organization would appear to have been able to identify this, it has proved to be proven that the administrative procedure Infrastructure of the organization according to § 15 para. 2 Z 3 SeeSchFG, in particular with regard to the proficiency level according to § 5, within the scope according to § 2 is not sufficient.

Section 7

Private examination regulations

Application of additional provisions and requirements

§ 20. (1) Additional provisions and requirements in the scope according to § 2, which go beyond the provisions of this Regulation, are issued by the examination organisations and addressed to applicants as well as examiners, shall be permitted in accordance with § 2. are not at odds with this Regulation.

(2) If an additional provision or requirement pursuant to paragraph 1 is in the scope of application in accordance with § 2 in spite of one on the part of the Federal Minister or The Federal Minister of Transport, Innovation and Technology, to the Examining Organization concerned, stating that the additional provision or requirement is in conflict with this Regulation, in the The scope of application according to § 2 shall continue to be deemed to be proven that the administrative infrastructure of the organisation according to § 15 para. 2 Z 3 SeeSchFG, in particular with regard to the knowledge level according to § 5, in the scope according to § 2 not is sufficient.

8. Section

Final provisions

entry into force

§ 21. This Regulation shall enter into force with the date of its presentation.

Transitional provisions

§ 22. (1) The examination organisations which have a valid determination and approval decision at the time of entry into force of this Regulation pursuant to Section 15 (1) of the SeeSchFG may optionally in place of this Regulation within the framework of their Apply according to § 2 of the approved examination regulations up to and including 31 December 2015. After that, these examination organisations shall also apply exclusively this Regulation, without prejudice to the provisions laid down in paragraph 4 and section 20 (1).

(2) The examiners appointed at the time of entry into force of this Regulation shall be subject, subject to different private-law provisions of the examination organisations, to the expiry of existing deadlines, at the latest until the end of the period of expiry of the period of application. Fixed-term contracts pursuant to § 15 (1) SeeSchFG, as ordered in accordance with § 8.

(3) The evidence of seafaring practice and maritime experience already available at the time of entry into force of this Regulation in accordance with the provisions of the Examination Regulations approved in accordance with Section 15 (1) of the SeeSchFG shall be deemed to be valid. Evidence in accordance with § 14.

(4) The examinations and test parts filed up to and including 31 December 2015 in accordance with the provisions of the examination regulations approved in accordance with Section 15 (1) SeeSchFG shall be deemed to have been filed under the terms of this Regulation. This shall also apply to the tests and parts of the examination which are still in place and for which the examination organisations, by way of derogation from the freezing order in accordance with paragraph 1, shall apply, having regard to the freezing of the modest determination in accordance with Article 15 (1) of the SeeSchFG and to apply the approved examination regulations until 31 December 2017, according to § 17 para. 2 of the deadline to be met by the applicants. Without prejudice to the provisions laid down in paragraph 3, the evidence in accordance with § 14 of this Regulation shall comply with the requirements laid down in Section 8 (8).

(5) Without prejudice to the provisions referred to in paragraphs 1 and 4, audit organisations shall, from the entry into force of this Regulation, attach to private certificates of competence in the scope of the application in accordance with § 2 in accordance with § 15 paragraph 5 of the SeeSchFG that the JachtPrO has been complied with.

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