169. Regulation of the Federal Minister of Transport, Innovation and Technology amending the Seeschifffahrts Regulation

Pursuant to Section 15 (3) 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:

The regulation of the Federal Minister The Federal Minister for Transport, Innovation and Technology on Maritime Transport (Seeschifffahrts-Regulation-SeeSchFVO), BGBl. No 189/1981, as last amended by the BGBl Regulation. II No 169/2012, shall be amended as follows:

1. § 202 (5) reads:

" (5) The seafaring practice and the maritime experience referred to in paragraph 1 (3) shall be carried out by means of a logbook, taking account of the driving range, the type (motor or sailing yacht) and the size of the yacht and its operation and guidance by day and by night, by means of logbook, Proof of a copy of the logbook or other log-book-like records to be submitted to the ship's guide

1.		for the Watt-or day-trip (§ 2 Z 7) for motor yachts by 50 nautical miles;
2.		For the coastal voyage (§ 2 Z 8) for motor yachts by 300 nautical miles and 12 boarding days;
3.		for the coastal travel (§ 2 Z 9) for motor yachts by 1 000 nautical miles and 36 boarding days, of which at least 250 nautical miles shall be the ship's guide;
4.		for the world-wide journey (§ 2 Z 10) for motor yachts by 3 500 nautical miles and 70 days of flight, of which at least 1,400 nautical miles shall be the ship's guide;
5.		for the Watt-or day-trip for sailing yachts by 50 nautical miles;
6.		for the coastal voyage for sailing yachts with 500 nautical miles and 18 curfew days;
7.		for the coastal travel for sailing yachts by 1 500 nautical miles and 48 boarding days, of which at least 500 nautical miles shall be the ship's guide;
8.		for the world wide voyage for sailing yachts by 5 000 nautical miles and 70 days of brothel, of which at least 2 000 nautical miles as the skipper. "

(2) The following paragraphs 6 to 8 are added to § 202:

" (6) For the purposes of obtaining an International Certificate of Motor yachts, the seafaring practice and the maritime experience referred to in paragraph 5 shall apply to motor yachts and to the obtaining of an international certificate for sailing yachts, the seafaring practice shall be Proof of practice and the maritime experience on sailing yachts.

(7) Insofar as the nautical practice and the seafaring experience are not expressly considered to be the ship's guide The drivers referred to in paragraphs 5 (3), (3), (4), (7) and (8) shall be provided by the applicant, or from the applicant, if they or he does not act as a chess or ship leader, or -guide was used as a crewmember to prove in responsible function.

(8) In order to extend the scope of the authorization concerning the type of yacht (motor or sailing yacht), in addition to the seafaring practice and maritime experience referred to in paragraphs 5 to 7, the following evidence must be provided:

1.		from sailing yachts riding area 2, 3 or 4 to engine yachts riding area 2 at least five days and 100 nautical miles on motor yachts;
2.		of motor yachts driving range 2, 3 or 4 on sailing yachts riding area 2 at least twelve curfew days and 300 nautical miles on sailing yachts. "

3. § 203 and title shall be deleted.

4. § 204 together with the title is:

" Qualification of examiners

§ 204. (1) The mental and physical aptitude of the examiners shall be in accordance 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 the possession of the certificate of competence for the driving area corresponding to the test, but at least for the driving range 2;
2.		the following seafaring experience and experience:
a)			for driving area 1 for motor yachts to the extent of at least 2 000 nautical miles, of which at least 1 000 shall be the ship's guide; Ship Guide;
b)			for driving area 2 for motor yachts to the extent of at least 3 500 nautical miles, of which at least 2 000 shall be the ship's guide; Ship Guide;
c)			for driving area 3 for motor yachts to the extent of at least 7 000 nautical miles, of which at least 4 000 shall be the ship's guide; Ship Guide;
d)			for driving area 4 for motor yachts to the extent of at least 10 000 nautical miles, of which at least 6 000 shall be the ship's guide or Ship Guide;
e)			for the sailing area 1 for sailing yachts to the extent of at least 2 000 nautical miles, of which at least 1 000 shall be the ship's guide; Ship Guide;
f)			for sailing area 2 for sailing yachts to the extent of at least 5 000 nautical miles, of which at least 3 000 shall be the ship's guide or Ship Guide;
g)			for sailing area 3, for sailing yachts to the extent of at least 10 000 nautical miles, of which at least 6 000 shall be the ship's guide, Ship Guide;
h)			for sailing area 4 for sailing yachts to the extent of at least 15 000 nautical miles, of which at least 9 000 shall be the ship's guide or Ship Guide;
3.		at least 30 days of flight within the last five years, of which at least 18 shall be the ship's guide Ship drivers and at least 12 on the type of yachts for which a test examiner or An audit organisation according to § 15 para. 1 SeeSchFG is to be issued. 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).

(3) examiners for travel areas 3 and 4 must have nautical practice and seafaring experience as the ship's guide. Ship drivers in the relevant driving area. "

5. In accordance with § 204, the following § 204a shall be inserted together with the heading:

" Additional permissions of examiners

§ 204a. (1) By way of derogation from Section 204 (2) (2) (2) of the a) examiners and examiners who have a test Test order of an Examination Organization according to § 15 para. 1 SeeSchFG for the riding area 2 for sailing yachts have, also take examinations for riding area 1 for motor yachts, if they have a certificate of competence for riding area 1 or higher value for motor yachts as well as a ship's cab patent-10 m-lakes and rivers, or a higher-value marine driver patent for inland waters or a category A soil seagoing patent.

(2) By way of derogation from § 204 paragraph 2 Z 2 lit. (e) examiners and examiners who have been given a test An examiner order of an audit organisation according to § 15 (1) SeeSchFG for the riding area 2 for motor yachts also have to take examinations for the riding area 1 for sailing yachts if they have a certificate of competency for the riding area 1 or have a higher value for sailing yachts.

(3) By way of derogation from § 204 paragraph 2 Z 2 lit. b) examiners and examiners who have been given a test Test order of an Examination Organization according to § 15 para. 1 SeeSchFG for the riding area 2 for sailing yachts have, also take examinations for riding area 2 for motor yachts, if they have a certificate of competence for riding area 2 or higher value for motor yachts and 500 nautical miles of experience on motor yachts as ship drivers can prove.

(4) By way of derogation from § 204 paragraph 2 Z 2 lit. (f) examiners or examiners who have been given a test An examiner order of an audit organisation according to § 15 paragraph 1 SeeSchFG for the riding area 2 for motor yachts also have to take examinations for the riding area 2 for sailing yachts if they have a certificate of competency for the riding area 2 or Have a higher value for sailing yachts and can prove 1 000 nautical miles of nautical practice and seafaring experience on sailing yachts as a ship's guide. "

6. § 209 is added to the following paragraph 3:

" (3) § 202, § 204 and § 204a in the version BGBl. II No 169/2015 shall enter into force at the end of the day of the event. At the same time, Section 203 repeals. "

Stöger