41. Federal Law, with which the Maritime Law, the Federal Act of 27. January 1976 on the competence of the authorities and the reproach of administrative transgressions on matters relating to shipping on Lake Constance, as well as the amendment of the Maritime Law and the Law on Maritime Navigation (Maritime Law of the year 2005)

The National Council has decided:

Article 1

Amendment of the Maritime Law

The Federal Act on Inland Waterways (Shipping Law), BGBl. I n ° 62/1997, as last amended by the Federal Law BGBl. I No 102/2003, shall be amended as follows:

1. The short title of the Shipping Act receives the abbreviation "SchFG" .

2. § 2 Z 20 reads:

" 20.		"port" means a shipping facility consisting of at least one basin and equipped with equipment for the purpose of handling, supply or protection of vehicles; "

(3) In § 2, the point shall be replaced by a stroke point and the following Z 32 and 33 shall be added:

" 32.		"River Information Services (RIS)" means harmonised information services to support transport and transport management in inland waterway transport, including links with other modes of transport; these include, in particular, travel water information as well as tactical or strategic transport information (e.g. inland waterway communications, Inland ECDIS electronic inland waterway map);
33.		"Waterbike (Personal Watercraft)" means a floating body less than 4 m in length, equipped with an internal combustion engine with a jet pump drive as the main drive and intended to be driven by one or more persons, to: which are not in, but sitting on the fuselage, standing or kneeling. "

4. § 6 para. 1 second sentence reads:

" In the case of an alcohol content of the blood of 0.5 g/l (0.5 per mille) or above, or in the case of an alcohol content of the breathing air of 0.25 mg/l or above, the condition of a person is in any case affected by alcohol; by way of derogation, the condition of the person concerned shall be deemed to be the A driver of a vehicle, a swimming body or a commercial shipping association with an alcohol content of the blood of 0.1 g/l (0.1 per mille) or above or at an alcohol content of 0.05 mg/l or above of the breathing air as a affected. "

5. The following paragraph 5 is added to § 12:

" (5) The safety data of vehicles in international traffic reported in accordance with paragraph 1 Z 10 may be forwarded to the competent authorities by the transport of affected States, provided that mutual exchange of data is was agreed. "

6. In § § 13 (5), 22 (2) and (3), 38 (4) and (6), 42 (4) and 53 (5), the expression " "Shipping oil spolites" by "Institutions of the control of shipping" ; in § § 16 (1) Z 9, 92 (1) (1) Z 4 and 101 (1) Z 9 the expression "Shipping TSPOLIZEI" by "Shipping supervision" ; in Sections 23 (4) and 38 (2) (1), (6) and (7), the term shall be replaced by the following: "Shipping oil-based organs" by "Institutions of the Maritime Inspection" ; in § § 31 (1) and (42) (2) (20), the expression "Shipping tspolizeiorgan" by "Body of the Maritime Inspection" replaced.

7. In § 13 paragraph 6 Z 1 the expression " 1990, BGBl. No. 305 " by " 2001, BGBl. I No 146 " and in § § 16 (1) Z 8, 22 (3), 23 (3) and 45 (3) of the expression "1990" by "2001" replaced.

8. In § 17 (4), the phrase "der Bundesgendarmerie, der Bundespolizei" by "the public security service" replaced.

9. In § § 23 (1), 37 (1), (3) and (4), 38 (4), (4), (4), (1) and (4), (1), (3) and (4), (1), (3) and (4), (1), (2), (3) and (4), (2), (2), (10), (1), (1), (2), (1), (3) and (4), (2), (1), (3) and (4), 146 (2) Article 153 (1), (3), (4) and (5) is the expression of the expression, referred to in § § 43 (1), 86 (3) and 113 (3), "Science and Transport" by "Transport, innovation and technology" replaced.

10. The following paragraph 5 is added to § 23:

"(5) A demonstration by" inland waterway communications "by way of an inland waterway information service shall be considered as a driving command."

11. § 24 and its heading-including those in the table of contents-are:

" Inland waterway information services

§ 24. (1) On waterways, under the conditions laid down in Article 16 (1) (1) or (2), the Authority shall have information, advice and recommendations concerning the behaviour of the vehicles in the traffic and the standstill, the nature and/or the condition of the vehicle. the situation of the running water, the landing places or ports, and the hazards and other transport-related circumstances.

(2) Information, notices and recommendations shall be provided by shipping signs. If their content cannot be expressed by shipping signs, they are to be given as "news for inland waterway transport" by inland waterway information services. In addition, they must be left to the public authorities of the shipping authorities by means of an attack; the attack must be left on the office panel for the period of validity of the content, but not more than two weeks. The date of installation and removal shall be noted on the stop.

(3) In waters other than waterways, the Authority shall provide information, advice and recommendations only by means of shipping signs and only if it is urgently necessary for reasons of safety of navigation or of persons.

(4) The ship's guides shall take into account information, advice and recommendations in accordance with paragraph 1 in the context of general due diligence (§ 7).

(5) Regulation should be adopted in the light of the directives on inland waterway information services issued by international organizations in the field of science and technology in this field; in particular,

1.		the nature, form and content of information services;
2.		relevant data and communication standards;
3.		technical systems for the dissemination of information, notices and recommendations;
4.		systems for the delivery of safety-related notifications, in particular in relation to the transport of dangerous goods;
5.		Equipment for vehicles used for the use of information services;
6.		Equipment of vehicles for the delivery of automated identity and position reports, to the extent that this is in the interests of the safety of navigation or of persons or in the interest of the liquid of the commercial shipping traffic. "

12. The following paragraph 6 is added to § 29:

" (6) The measures provided for in paragraphs 1 to 4 shall also apply to vehicles and swimming bodies for which no authorisation is granted (6). Part of this federal law) and which are so silent in the running water, in particular in public lands, which are in the administration of the federal government, that they are the safety of navigation or of persons, the order of the shipping or the To reduce the flow of traffic in commercial shipping, or to cause pollution of the water, or to fear such an impairment or contamination in the case of higher water supply systems. "

Section 30 (3) reads as follows:

" (3) The persons entitled to dispose of the land and the shipping facilities shall be responsible for the transportation of shore land, dams and shipping facilities by means of ship inspection bodies or of the public safety service, the maritime authority, the water management or the customs administration and the landing of vehicles serving the purpose of such bodies at any point on the shore and the shipping facility without entitlement to remuneration and, if necessary, To make available land, dams and shipping facilities. "

14. The following sentence shall be added to section 31 (1):

"A notification to the responsible persons pursuant to section 38 (8) (lock supervision) shall be kept in line with the notification to an organ of the shipping authority."

15. In § 37 (1) (1) (1), the phrase "as a shipping spoliza" .

16. In § § 37 (4) and 153 (5), the term " "Economic Affairs" by "Economy and Work" replaced.

17. In § 38 (2) (2), the word order shall be deleted. "Institutions of the Federal Gendarmerie, in the sphere of action of a federal police authority assigned to the authority assigned to this authority" .

18. § 38 (5) reads:

"(5) Shipping intentions are to be established for the purpose of carrying out the tasks on waterways of the ship; the seat and supervision area of the waterways shall be determined by regulation."

19. The following paragraphs 8 to 11 are added to § 38:

" (8) A company legally entrusted with the shipping traffic control of the locks of the dams on the Wasserstraße Donau (Schleusensupervisor) may only use staff responsible for the control of the smuggling of the traffic.

1.		Nationals of a Contracting Party to the Agreement on the European Economic Area (EEA nationals);
2.		possess the necessary mental and physical fitness according to § 126 (2) and the personal reliability according to § 127 (3);
3.		have been instructed in the technical bases of the lock systems as well as in the handling of the operating and signalling facilities and have demonstrated the knowledge and skills required by an audit;
4.		Administrative provisions relating to the shipping and clean-keeping of the waters, to the extent that they are eligible for the performance of their service, are familiar and have been demonstrated by a regulatory examination.
The officials shall be appointed by the Federal Minister for Transport, Innovation and Technology in accordance with Z 3 and 4, to pay for their duties and to provide them with a service badge and service badge.

(9) While carrying out the supervision of the smuggling of persons, staff of the undertakings entrusted in accordance with paragraph 8 shall be bound by the auxiliary bodies of the institutions of the ship's supervision and shall be bound by the instructions of the institutions. They shall be entitled to issue instructions in accordance with paragraph 3 within the scope of the tasks assigned to them; these arrangements shall be consequential. They shall be expelled at the request of the authorities of the shipping authority or of the person who has been established.

(10) The Regulation provides for more detailed provisions on the tasks of the ship to be carried out in the framework of the supervision of the authorities, as well as provisions relating to the verification of the conditions set out in paragraph 8, the appointment and the dismissive, the identity of the service, in particular the allowances to be obtained therefrom, and the service badging.

(11) For motor vehicles according to § 2 (1) Z 1 of the Motor Vehicles Act 1967-KFG 1967, BGBl. No 267 in the applicable version, which are intended for use in the field of shipping supervision, are subject to the provisions of § 20 paragraph 1 lit. d KFG 1967. "

20. The following sentence shall be added to section 42 (2) (2):

"the attempt is punishable;"

21. In § 43 (1), first sentence, the word "must" by "can" replaced.

22. The following sentence shall be added to section 43 (2):

"Each skipper of a vehicle of the company shall be deemed to be an authorised representative within the meaning of Section 9 of the Delivery Act."

23. In § 49 (1) the introduction half-sentence reads:

" The authorization shall be granted if existing rights (para. 3) do not stand in the way and have been taken into account "

24. In § 49 (8), the expression "Shipping TSPOLIZEI" through the phrase "Locally responsible shipping supervision" replaced.

24a. The following paragraph 13 is added to § 58:

" (13) The Regulation referred to in paragraph 12 provides for the facilitation of equipping shipping facilities with installations for the reception of certain waste and the obligation of the operator to take over and take over the facility. Disposal in the event that the operator of the plant has been shown to be involved in an overarching system for the collection of such waste on Austrian waterways; these facilities must not be allowed to become a common one. In the case of installations in the shipping facility in this way, it will be possible. "

25. § 62 (4) reads:

" (4) The provisions of the Restricted Territory Act 2002-Lock GG 2002, BGBl. I n ° 38, as amended, and the 2003-MunLG Ammunition Storage Act 2003, BGBl. 9, as amended, shall remain unaffected by paragraphs 1 and 2. "

26. § 68 (2) (2) (2) reads:

" 2.		Use of waste and waste oil collection points, including the acquisition and disposal of state-of-the-art equipment in terms of driving power, design and year of construction of vehicles, if properly maintained and maintained the quantities of oils, oil residues and oil-containing waters (e.g. bilsewater) of vehicles which regularly use the port for the purpose of handling, "

27. The following paragraph 4 is added to § 79:

" (4) In the event of exclusion from the exercise of the shipping industry, the Authority shall, in accordance with paragraph 1, grant the review of that exclusion if, according to the peculiar nature of the offence and according to the personality of the convicted person, the commission the same or a similar offence in the exercise of the shipping industry is not to be expected. The review shall not be granted if there are other grounds for exclusion than those for which the intention is to be granted. "

Section 83 (3) reads as follows:

" (3) The type of navigation referred to in the concession may only be exercised with vehicles or floating bodies which are in the right of disposal of the concession holder who, in accordance with § 3 (3) of the Code of Shipping, is the holder of the licence, dRGBl. I S 1591/1940, as amended, can be registered in an Austrian register of ships and which-if they are motor vehicles or vehicles used for the transport of dangerous goods-can be registered via one of the following: Waters shall have valid authorisation valid for an EEA State. "

29. § 85 (2) Z 3 reads:

" 3.		for more than two years no service to which the concession is entitled is provided; "

30. § 85 (3) is deleted.

31. § 93 reads:

" § 93. (1) The calibration (recalibration, verification of verification or recalitation) shall be carried out at the request of the authorized person by a classification society recognised by the Federal Minister of Transport, Innovation and Technology (Section 108 (2)) or by a classification society (Section 108 (2)). Engineering consultants for mechanical engineering (marine engineering). The calibration shall be carried out in accordance with the provisions of this Part and of the Regulations adopted pursuant to this Part. The costs shall be borne by the person entitled to dispose.

(2) The recognised classification societies and the engineering consultants for mechanical engineering (ship technology) are authorized to use the result of the calibration (recalibration or reshuding) in accordance with paragraph 1 for a temporary certificate for the shipyards ' office. (calibration certificate), separately for vehicles intended for the carriage of goods, and those which are not intended for the carriage of goods. An extension of the period of validity shall be allowed after a positive verification of the verification of the right of the right of disposal.

(3) Before issuing the first calibration certificate to the Authority, a recognised classification society or an engineering consultant in the field of mechanical engineering (marine technology) shall have the allocation of a set of consecutively numbered oak signs to the Authority. to apply for self-management. The assignment of the calibration marks shall be carried out with a decision.

(4) A copy of each issued oak note shall be transmitted to the Authority, which shall carry out a calibration list which shall be made available to the bodies authorised pursuant to paragraph 2.

(5) Persons who make a legitimate interest in a legal interest shall be informed of the calibration data of a vehicle.

(6) Access to the calibration register shall be granted to the competent authorities of the EEA States and to States Parties to the Revised Convention on the Navigation of the Rhine, in accordance with reciprocity.

(7) The recognised classification societies and the engineering consultants for mechanical engineering (ship technology) are authorized, at the request of the right of disposal, to obtain a temporary certificate of provisional calibration result (Provisional Certificate), separately for vehicles intended for the carriage of goods, and those which are not intended for the carriage of goods. The provisional certificate is valid as a calibration certificate in accordance with § 91 (1) and is valid for a maximum of six months.

(8) Regulation should be adopted, taking into account the guidelines for the calibration of vehicles issued by international organizations in this field, concerning the state of science and technology.

1.		Type, form and content of the application on new or Pond and the application for verification of verification and extension of the period of validity of the oak;
2.		the nature, form, content, duration, prolongation and invalidity of the calibration certificates, and the correction of the calibration certificate as a result of changes in the vehicle or modification of the name;
3.		the nature, form and content of proof of calibration and of the provisional certificate;
4.		Type, form and contents of the calibration list. "

32. § 101 (5) reads:

" (5) Vehicles referred to in paragraphs 1, Z 3 to 7, 9 and 10 and rafts as well as waterbikes with a CE marking in accordance with § 109 para. 3 may be admitted via application. For waterbikes, the provisions of § § 102, 104 to 107, 109 (5) and 112 to 114 shall apply mutatily. "

(33) The following paragraph 7 is added to § 102:

" (7) The authorisation-except for small vehicles-may also be granted only if the vehicle is registered in an Austrian ship register. Vehicles which are not subject to the obligation to register in a register of ships may be granted an authorisation only if the owner of the vehicle is situated, or not, the registered office of the owner of the vehicle. Residence in Austria has. "

34. § 103 (4) reads:

"(4) The approval of sports vehicles shall be issued with a simplified certificate (International Certificate of Admission for Sports Vehicles), as well as for Waterbikes (Certificate of Admission for Waterbikes); these documents shall be deemed to be a communication."

35. In § 103 (6), after the word "Sports vehicles" the phrase "and the certificate of approval for waterbikes" inserted.

36. In § 106, at the end of paragraph 1, the point shall be replaced by a line-point and the following Z 6 shall be added:

" 6.		in the case of registration of the vehicle in a foreign ship register. "

37. The following sentence is added to § 108 (2):

"By way of derogation, for verifications pursuant to Section 109 (2) (1) to (3) of vehicles which fall under the jurisdiction of Section 113 (1) (1) (1), the experts mentioned shall in any case be used."

38. In Section 111 (2), the line point at the end of the first sentence is replaced by a period. The second sentence is deleted.

39. The following paragraph 4 is added to § 112:

" (4) The authorities of the EEA States responsible for granting authorisation (ship test, Community certificate) and States Parties to the Revised Convention for the Navigation of the Rhine shall have access, in accordance with reciprocity, to the admission list. "

40. In § 114, at the end of the second paragraph, the point is replaced by a line-point and the following Z 13 is added:

" 13.		in the case of defects in a vehicle, the authority does not comply with any restrictions imposed on use, conditions or operating conditions, does not carry out prescribed measures within the prescribed time limit or does not comply with a vehicle in the opposite direction to a vehicle (§ 109 para. 4). "

41. The 7. Part is:

" 7. Part

Ship Management

1. Main item

General provisions

Scope

§ 116. (1) This part applies under the restriction of § 1 (4) for the management and operation of vehicles on the waters referred to in § 1 (1) as well as for the management and operation of Austrian vehicles on foreign inland waters on the basis of -intergovernmental agreements or reciprocity.

(2) In other navigable private waters, this part shall only apply to the management and operation of vehicles used for commercial shipping, for renting or for training purposes.

Authority to ship

§ 117. For the self-management of a vehicle and for the pursuit of activities in accordance with Section 119 (4), certificates of competency are required.

Exceptions

§ 118. (1) A certificate of competence in accordance with § 117 does not require under the conditions laid down in paragraphs 2 to 6:

1.		foreign leaders of the commercial shipping vehicles operated by foreign companies, the waterways or the Austrian part of the Lake Neusiedl;
2.		foreign leaders of sports vehicles;
3.		Drivers of sports vehicles which have a corresponding certificate of competence for the self-management of vehicles on Lake Constance, and which operate in Austrian inland waters, with the exception of waterways;
4.		the leader of towed and pushed vehicles, in particular towing tax men, as well as the guides of vessels of vehicles;
5.		the drivers of motor vehicles with a drive power of less than 4.4 kW;
6.		the leader of rowing vehicles;
7.		Guides of rafts;
8.		the driver of the Bundesheeres vehicles in accordance with the conditions laid down in paragraph 6;
9.		the leader of sailing vessels;
10.		Persons who carry out activities according to § 119 (4) and have a corresponding foreign certificate of competence.

(2) The exception referred to in paragraph 1 (1) (1) shall apply only to persons who have a corresponding foreign certificate of competence and to the extent to which this is agreed in intergovernmental agreements.

(3) The exception referred to in paragraph 1 (1) (2) shall apply only to persons who have a corresponding foreign certificate of competence or a certificate issued in accordance with the recommendations of the European Economic Commission for drivers of sports vehicles.

(4) The exceptions provided for in paragraph 1 (1) (5) and (7) shall not apply to the guides of motor vehicles or rafts which are used for commercial shipping or training purposes.

(5) The exception referred to in paragraph 1 (1) (6) shall not apply to the guides of rafts and other rowing vehicles used for commercial shipping.

(6) Members of the Federal Army and the Military Administration may be issued certificates of competence for the self-management of vehicles of the Bundesheeres with a length of up to 30 m on the basis of their official regulations; however, this entitlement shall apply. not for the self-management of other vehicles. By way of derogation from § 123 (2), the length of the thrust or thrust is the same. Towing vehicle authoritative.

2. Main piece

Certificate of competence

General provisions

§ 119. (1) The qualification for self-management of vehicles shall be proven by the deposition of an examination. On the basis of the passed examination, a corresponding certificate of competence shall be issued in accordance with § 123.

(2) The certificate of competence shall be carried in the original in the course of the guidance of a vehicle.

(3) The name "Captain" may only lead to the holders of a master's patent (§ 123 (1) (1) and (2)).

(4) Regulation may, in respect of activities on board which require special qualification with regard to the safety of the vehicle and of persons, in particular for the use of radar as navigation means, may be used for the management of Passenger ships, for the operation and maintenance of marine machinery and for the transport of dangerous goods, shall be required to be able to carry out such certificates. In so far as the obtaining of such certificates is not regulated in other provisions, this Regulation shall, in particular, lay down the conditions for the grant and the nature, form, content, scope of authorisation and issuance of the said certificates. Qualifications and, in the case of certificates of competency for the transport of dangerous goods, the training required for this purpose to be regulated on the basis of directives established by international organisations.

Certification of the Bundesheeres

§ 120. The Federal Minister of Transport, Innovation and Technology holds a certificate of competence for the self-management of vehicles of the Federal Army, via application, a patent for a ship's licence-10 m (§ 123 para. 1 Z 5) or a shipyards ' patent-10 m -to issue lakes and rivers (§ 123 (1) (6)) if the certificate of competence has been obtained under conditions which correspond at least to the requirements set out in this part for this part.

Recognition of foreign qualifications

§ 121. (1) The existence of a certificate of competency issued by an EEA State in accordance with Council Directive 91 /672/EEC of 16 December 1991 on the mutual recognition of national boatmasters ' certificates for inland waterway goods, and -passenger transport (CELEX-No. 31991L0672. No. 29), as amended by the EEA Treaty, and by an EEA State or a State Party of the Revised Rhine Navigation Act, which is entitled to existing certificates of competency in accordance with Directive 96 /50/EC of the European Economic Area (OJ L 327, 31.12.1991, p. Council of 23 July 1996 on the harmonization of the conditions for the acquisition of national boatpatents for inland waterway transport in the Community (CELEX-No. 31996L0050, OJ No. No. OJ L 235 of 17 September 1996, p. 31), provided that the holder is 21. As regards its scope of authorization, it has completed a period of patent-lakes and rivers (Section 123 (1) (2)), provided that the holder also has a driving practice of eight journeys each to the mountain and to the valley on an Austrian It has completed a section of the waterway section, which is equivalent to a Chapter 123 (1) (1) for inland waterway transport for inland waterway transport B (Section 123 (1) (1)). A certificate issued by the Federal Minister for Transport, Innovation and Technology (Federal Minister for Transport, Innovation and Technology) shall be accepted on request for the recognition of a certificate of competence on the basis of the driving practice required.

(2) The Federal Minister for Transport, Innovation and Technology has, in the event of reciprocity in individual cases, a foreign identity card which is subject to the right of self-employed management of vehicles to a foreign holder. to issue a certificate of competence in accordance with § 123 (1) if the holder has had his residence in the State which issued the foreign certificate of competence at the time of the acquisition and if the foreign certificate of formal qualifications is available at Conditions which meet the requirements of § § 124 to 130 are obtained.

(3) The provisions of para. 2 shall apply to foreign holders of foreign certificates of competency if it is proved that the certificate of competence for the management of a vehicle operated by an Austrian company shall be commercial shipping; the certificate of competence must be restricted to this level of authorization.

International Certificate for Leaders of Sports Vehicles

§ 122. (1) holders of national certificates of competence shall be issued with an international certificate for the independent management of sports vehicles, via application from the authority which issued or recognised that identity; this certificate shall not apply: as a certificate of competence for the waters referred to in § 1.

(2) The Regulation provides for the definition of the nature, form and content of the International Certificate in accordance with paragraphs 1 and 2 of this Regulation, in which the guidelines set up by international organisations for the issuing of international certificates of competence are to be established. consideration.

Types of certificates of competence

§ 123. (1) The following types of qualification certificates may be issued:

1.		A certificate of skipper for inland waterway B: justification for the self-management of vehicles of any type and size on waterways and other inland waterways;
2.		-Lakes and rivers: entitlement to self-control of vehicles of any type and size on inland waterways, excluding waterways;
3.		Shipyards patent-20 m: eligibility for self-management of small-scale vehicles on waterways and other inland waters;
4.		Ship's Guide Patent-20 m-lakes and rivers: authority for the self-management of small vehicles and passenger ships, the length of which, measured on the hull, is less than 20 metres, on inland waters, excluding waterways;
5.		Shipyards patent-10 m: eligibility for the self-management of small vehicles with a length of up to 10 m on waterways and other inland waters;
6.		Ship's Guide Patent-10 m-Lakes and rivers: eligibility for self-management of small vehicles with a length of up to 10 m on inland waterways, excluding waterways;
7.		Shipyards patent-Raft: eligibility for self-management of Rafts on inland waters, excluding waterways.

(2) A certificate of competence is required for the management of associations, the scope of which corresponds to the length of the length of the association in respect of the length of the vehicle.

(3) For the guidance of rowing vehicles used for commercial shipping, excluding rafts, and rafts intended for commercial shipping or training purposes, a certificate of competence pursuant to paragraph 1 Z 3 shall be issued in accordance with the waters of the waters. or 4.

(4) A certificate of competency according to paragraph 1 Z 5 or 6 shall be required for the management of waterbikes in accordance with the waters.

(5) The form and content of the certificates of competency must be laid down by Regulation.

Conditions, conditions and restrictions

§ 124. (1) The scope of the authorisation of certificates of competence may be restricted at the request of the applicant, namely:

1.		of capital patents
a)			to certain types of vehicles,
b)			to a particular drive power,
c)			to a certain load-bearing capacity,
d)			to a vehicle length of less than 20 m in the case of the captain ' s patent for the skipper of the inland waterway B or to a vehicle length of less than 30 metres in the case of captain spatulas-lakes and rivers,
e)			on individual waters or parts of water;
2.		of shipyards ' patents, other than the vessel ' s patent,
a)			to certain types of vehicles,
b)			to a particular drive power,
c)			on individual waters or parts of water;
3.		of ship-driver patent-Raft on individual waters or parts of water.

(2) Applicants whose physical fitness is limited may be issued only subject to conditions, conditions or deadlines and only if they compensate for the risks associated with the lack of fitness for a particular qualification. Conditions and conditions are to be noted in the certificate of competence. If, after the acquisition of the certificate of competence, an impairment of physical fitness is impaired, conditions or conditions may subsequently be provided to the extent that the hazards associated with the lack of suitability can be compensated for.

(3) The validity of the captain's patents shall be limited to the date on which the holder of the identity of the identity card is 65, the date of the day of the year. It shall be completed, unless a period prior to that date is issued in accordance with paragraph 2 of this Article.

(4) holders of capital patents shall have no later than three months after the completion of their 65. years and thereafter at intervals of one year their mental and physical aptitude by means of a medical opinion (§ 126 (1)). In the case of proof of success, a new patent shall be issued by the Office for a limited period of time to a maximum of one year.

(5) If there is reason to believe that the holder of a certificate of competency for the management of vehicles is no longer fully suitable, the presentation of a medical opinion (§ 126 (1)) may be required.

3. Main piece

Procedure

Approval for examination

§ 125. (1) The application for admission to the examination must be submitted by means of a form, the nature, form and content of which form, taking into account the conditions of admission (para. 2) should be laid down by Regulation.

(2) For the examination of the master s or the ship's guide, only those who are

1.		for a captain's patent the 21. Year of life, for a seducer patent the 18. Year of life has been completed;
2.		the mental and physical fitness for the guidance of a vehicle;
3.		it has personal reliability;
4.		for a captain's patent, the ship's cab patent-20 m, the ship's patent-20 m-lakes and rivers or the ship's guide patent-Raft has demonstrated the required driving practice (§ 128 para. 1) for the guidance of a vehicle;
5.		for a captain's patent, the shipyards patent-20 m or the ship's patent-20 m-lakes and rivers the training for the performance of first aid or for the ship's cab patent-10 m, the ship's patent-10 m-lakes and rivers or the ship's guide patent-Raft the instruction in lifesaving emergency measures according to § 3 paragraph 1 Z 5 of the German Code of Licences-FSG, BGBl. I n ° 120/1997, as amended.

Mental and physical fitness

§ 126. (1) The intellectual and physical aptitude (§ 125 (2) (2)) shall apply to applicants for a captain's patent, the ship's patent-20 m or the shipyards ' patent-20 m-lakes and rivers of suitability for steering a motor vehicle of class C in accordance with § 2 It must be demonstrated by a medical opinion which may not be older than three months at the time the application is submitted.

(2) In the case of applicants for the ship's patent-10 m, the ship's patent-10 m-lakes and rivers, or the ship's driver patent-Raft, proof of mental and physical fitness shall be deemed to be provided if it is a right existing one of a EEA State certificate for the self-management of railcars, motor vehicles or aircraft.

Reliability

§ 127. (1) A candidate shall be deemed to be unreliable (Section 125 (2) (3)) in particular if he has been sentenced to more than one year in prison for one or more offences, as long as the conviction is not satisfied. or is subject to the restriction of information from the criminal record.

(2) The proof of reliability must be provided, in particular, by presenting a certificate of criminal records, which may not be older than three months when the application is submitted.

(3) In the case of applicants for the ship's patent-10 m, the ship's patent-10 m-lakes and rivers, or the ship's driver patent-Raft, proof of reliability shall be deemed to have been provided if it is a right existing by an EEA State Issued certificates for the self-employed management of railcars, motor vehicles or aircraft.

Driving Practice

§ 128. (1) The driving practice required for admission to the test shall be:

1.		24 months for the capital patent-Schifferpatent for inland waterway B as well as-subject to a restriction in accordance with § 124 (1) (1) (1) (lit). e to certain parts of the water-eight trips to the mountain and to the valley on the sections from Wallsee to Persenbeug, from Melk to Altenwörth and from Vienna-Freudenau to the Austrian-Slovak national border;
2.		twelve months for the captain's spatent lakes and rivers;
3.		two months for the shipyards patent-20 m;
4.		one month for the ship's patent-20 m-lakes and rivers;
5.		one month for the ship's patent-patent-Raft.

(2) The applicant for a captain's patent requests a restriction according to § 124 (1) (1) (1) (1) lit. a on passenger ships and in accordance with section 124 (1) Z 1 lit. d to the corresponding vehicle length shall be reduced according to paragraph 1 (1) (1) (1) (1) 2 to be followed by driving practice to half; the requirement for line journeys in accordance with paragraph 1 Z 1 remains unaffected.

(3) The driving practice for the master-patent-skifferpatent for inland waterway B and for the ship's patent-20 m is to be performed on waterways, at least a section of which shall be on the territory of a Member State of the European Communities, the requirement for routes in accordance with paragraph 1 (1) remains unaffected. The driving practice for the ship's driver patent-Raft is to be performed on rivers with high flow velocity (whitewater).

(4) Driving practice shall be carried out on a vehicle which, in its nature, corresponds to the scope of the authorisation of the certificate of competence requested and has the following minimum length:

1.		20 m for captain's patents;
2.		15 m for a restricted chapter of the chapter of the Chapter of the Chapters of Chapters and Rivers,
3.		10 m for the ship ' s patent-20 m and the ship ' s patent-20 m-lakes and rivers as well as for a limited-ship skipper patent for inland waterway transport B, restricted in accordance with paragraph 2.

(5) The driving practice shall be performed as a crew member who has regularly participated in the driving of a vehicle under the supervision and guidance of the ship ' s guide (member of a cover crew).

(6) The proof of driving practice must be provided by the submission of a certificate of harassment, and by means of a regulation the minimum requirements for the issuance of the issuing of a certificate issued by international organisations shall be the subject of the To enact competent authorities more detailed provisions, in particular on the type, form, content and exhibition of the Schifferdienstbuches.

(7) The Authority may provide an applicant with a patent for a patent of 10 m of a ship, and 10 m lakes and rivers from the requirement of the age of life (§ 125 para. 2 Z 1) if the applicant proves sufficient driving practice.

Training in First Aid, briefing in emergency life-saving measures

§ 129. (1) Proof of training for the benefit First aid is provided by a domestic, right-existing steering authority for motor vehicles of category D in accordance with § 2 FSG, a steering authority equivalent to § 1 para. 4 FSG, or by a the corresponding certificate of one of the institutions designated in accordance with § 3 (3) FSG, in which the training was carried out.

(2) The proof of the instruction in life-saving emergency measures shall be determined by a domestic one, after 1. In accordance with § 2 of the FSG (FSG), January 1973 issued and rightly established steering authority for motor vehicles, a steering authority equivalent to § 1 (4) FSG, or a corresponding certificate issued by an institution in accordance with Section 1.

Audit

§ 130. (1) After the examination of the application for admission to the examination, the applicant shall be notified of the place and time of the examination in a suitable form.

(2) The examination shall consist of a theoretical part and a practical part; it shall be taken from an examination board.

(3) The theoretical examination shall cover the following specialist area groups:

1.		General subject areas:
a)			rules; water science;
b)			Navigation; manoeuvring and driving of the vehicle,
c)			Construction and stability of the vehicle,
d)			marine machinery,
e)			Load and Delete,
f)			Behaviour under special circumstances;
2.		Additional items for the guidance of vehicles under radar;
3.		Additional items for the management of passenger ships.

(4) The subject areas referred to in paragraph 3 shall be broken down by regulation in accordance with the requirements to be made to the contents of the individual subject areas into examination subjects. This Regulation shall also take account of the knowledge and skills required for the management of the category of vehicles in question, including the determination of the items of examination for each of the certificates of competence.

(5) Applications for restrictions of the scope of the authorization pursuant to § 124 (1) shall be admissible at the latest by the beginning of the theoretical examination.

(6) The theoretical examination shall be deemed to be "passed" if it is judged by each examination commissioner with "passed"; the practical examination shall not be taken until the theoretical removal has been successfully completed.

(7) The practical test shall cover the operation and management of vehicles and the application of the theoretical knowledge in practice; it shall be used for the certification of waterways for the purpose of navigation on waterways. and, in any case, on board a vehicle which, in its nature, size and power, corresponds to the scope of the authorisation of the certificate requested in such a way as to enable the assessment of the practical knowledge to be assessed.

(8) The applicant shall ensure the provision of the vehicle required in accordance with paragraph 7, a ship ' s guide and a suitable shipping facility, and shall bear the costs associated with it.

(9) An unpassed theoretical examination may be repeated at the earliest after two weeks, a non-passed practical test at the earliest after two weeks, but at the latest within one year after the successful completion of the theoretical test. Examination of their other invalidity.

(10) The examination board shall hold the results of the theoretical and practical examination in a test protocol and shall inform the Authority.

Additional examination and verification

Section 131. (1) If the applicant is already the holder of a certificate of competence restricted in accordance with § 124 (1), an examination which serves to extend the scope of the authorisation of such an identity card can be made to the relevant subject areas of the theoretical examination or to be restricted to practical testing.

(2) The holder of a certificate of formal qualifications shall be subject to a gross violation of the provisions of the ship ' s shipping regulations, which shall indicate that there is a lack of professional competence, the authority may have a secondary inspection. The review extends to those areas of expertise and/or Parts of the test which shall be determined by the Authority on the basis of the deficiencies which have occurred.

Audit Commission

§ 132. (1) The Examination Committee for the Chapter Patents, the Ship's Guide Patent-20 m and the Ship's Guide Patent-Raft shall consist of a legal examiner, a technical examiner and a nautical auditor who shall also carry out the practical examination decreased.

(2) The Examination Committee for the Patent-20 m-Lakes and Rivers, the Ship-Guide Patent-10 m and the Ship's Patent-10 m-Lakes and Rivers consists of a righteous examiner and a technical examiner, of which one also the practical test is decreasing.

(3) The assignment of the items of examination to the individual examiners must be determined in accordance with their qualifications by means of a regulation.

(4) The Federal Minister for Transport, Innovation and Technology and the Governor of the Federal Republic of Germany shall have the active agents of the right-of-law service and the higher the active staff involved in the field of maritime affairs in their sphere of action. Technical examiner of the higher technical service shall not be sufficient to appoint technical examiners of the higher technical service, such as the technical examiner, if the other conditions are met also staff members of the higher technical service are appointed.

(5) The technical examiner referred to in paragraph 1 shall be ordered to appoint staff who have at least 20 m of the shipyards ' patent.

(6) The nautical auditor referred to in paragraph 1 shall be entitled to appoint holders of the master patent for inland waterway B as well as a corresponding experience on vehicles in accordance with the scope of the authorization to be granted. As nautical auditor for the ship's licence patent, holders of the shipyards ' patent, as well as with a corresponding experience on vehicles, shall be ordered according to the scope of the intended authorization.

(7) As a technical examiner and as auditor for the practical test referred to in paragraph 2, the ship's patent-20 m-lakes and rivers, the ship's patent-10 m and the ship's patent-10 m-lakes and rivers are to be ordered, which shall be have at least one certificate of competence which corresponds to the test to be held.

(8) As technical examiner for the ship's licence patent, staff must be ordered to have the ship's patent-10 m-lakes and rivers, or the ship's patent-patent-Raft.

(9) The appointment of the examiner shall not exceed five years.

(10) The Federal Minister for Transport, Innovation and Technology and the State Governor have lists of the examination commissioners appointed by them.

Audit staxes

§ 133. (1) In accordance with the desired certificate of competence, the applicant has to pay an audit tax to the local authority, which has to bear the administrative burden of the competent authority for the examination, of which 75 vH shall be charged to the examination commissioners the same parts as the reviewer's compensation.

(2) The level of the respective audit tax shall be determined in accordance with the scope of the authorization of the intended certificate of competence and the associated examination effort by means of a regulation.

Deprivation of the certificate of competence

§ 134. (1) The certificate of competence shall be withdrawn if the holder

1.		one of the requirements referred to in Article 125 (2) is no longer fulfilled;
2.		does not provide proof in accordance with Section 124 (4);
3.		does not provide proof in accordance with Section 124 (5);
4.		has repeatedly committed gross violations of maritime legislation;
5.		under Section 131 (2) of the Authority, the Authority has not been subject to a review or has failed to pass the investigation.

(2) In the event of the withdrawal of the certificate of competence, the holder of a certificate of competence shall be obliged to postpone it to the Authority without delay after the date of delivery of the deprivation certificate issued in the first instance; the taking of Legal remedies do not have suspensive effect.

(3) holders of foreign certificates of competence shall be recognized under the conditions laid down in paragraph 1 (1) (4) of the right to hold vehicles on Austrian waters; the withdrawal shall be entered in the certificate of competence, provided that this does not apply to: Destruction or damage of the badges is possible.

Provisional acceptance of the certificate of competence

§ 135. (1) The institutions pursuant to Section 38 (2) shall be entitled to: a person who appears to be in a condition affected by alcohol or other psychotropic substances or by exceptional agitation or fatigue; be temporarily removed if it leads a vehicle, starts operating or tries to take it into operation. The provisional acceptance certificate shall be issued with a certificate containing the reasons for the acceptance and an indication of the steps required for the recovery of the certificate of competence.

(2) A provisionally withdrawn certificate of competence shall be submitted without delay to the authority responsible for the withdrawal of the certificate of competence (Section 134 (1)) and/or the disqualification of the right to conduct vehicles in Austrian waters (§ 134 para. 3) is competent; however, if the certificate of competence has been provisionally removed due to an exceptional state of fatigue or fatigue, it shall be responsible for the If the owner has regained full control of his spirit and his body before the expiry of two days, calculated from the date of the provisional acceptance.

(3) The authority referred to in paragraph 2 shall return the provisionally withdrawn certificate of competence to the holder upon request, unless the withdrawal or removal of the certificate has been received by the holder. the superstipation procedure is initiated.

(4) The self-employed driving of vehicles for which a certificate of competence is required shall not be allowed before re-conclusion of a provisionally withdrawn certificate of formal qualifications.

Directory

§ 136. (1) The Federal Minister for Transport, Innovation and Technology and the State Governor shall have lists of the certificates of competence they have issued.

(2) The list referred to in paragraph 1 shall consist of a list which is separate from the type of certificate of competence and alphabetically ordered in each case by the name of the holder.

4. Main piece

Authorities and bodies

Authorities and their competence

§ 137. (1) Authorities of the first instance in the sense of this part are

1.		The Federal Minister for Transport, Innovation and Technology for the Chapter Patents and the Ship's Guide Patent-20 m (§ 123 (1) (1) to (3));
2.		the Governor of Lower Austria, the Governor of the Land of Upper Austria, or the Governor of the Land of Vienna, after a free choice for the patent for the ship's licence-10 m (§ 123 (1) (5));
3.		A provincial governor after a free choice for the ship's patent-20 m-lakes and rivers and the ship's patent-10 m-lakes and rivers (§ 123 (1) (4) and (6));
4.		the provincial governor of Carinthia, the provincial governor of Upper Austria, the provincial governor of Salzburg, the provincial governor of Styria or the provincial governor of Tyrol after a free choice for the shipyards ' patent for patent applications (§ 123 para. 1 Z 7);
5.		the district administrative authority for administrative criminal proceedings.

(2) Authorities of second instance in the sense of this part are

1.		the Federal Minister for Transport, Innovation and Technology for matters referred to in paragraph 1 Z 2 to 4;
2.		the independent administrative authority for administrative criminal proceedings.

(3) The Federal Minister of Transport, Innovation and Technology is responsible for the release of regulations pursuant to this part.

(4) The supervision of compliance with the provisions of this part and of the regulations adopted pursuant to this Part is the responsibility of the institutions designated in § 38 (2).

5. Main piece

Final provisions

Criminal provisions

§ 138. (1) Any person who violates the provisions of this part or of the regulations adopted pursuant to this Part shall, if the action does not constitute a criminal offence under the jurisdiction of the courts, shall be subject to the following: Administrative surrender and is punished with a fine of 72 euros up to 3 633 euros.

(2) An administrative surrender in accordance with paragraph 1 shall apply in particular to:

1.		a vehicle without a corresponding certificate of competence or an activity in accordance with section 119 (4) without an appropriate certificate of competence (§ § 117, 123 and 135);
2.		not carrying the certificate in the original when driving a vehicle (§ 119 para. 2);
3.		the name, "captain" leads, without having to own a captain's patent (§ 123 (1) (1) or (2)) (§ 119 (3));
4.		the holder of a certificate of competence does not comply with the restrictions imposed by the authority (Section 124 (1));
5.		as the holder of a certificate of competence, the holder of a certificate issued by the authority on the occasion of the issue of the certificate of competence or the conditions or conditions subsequently granted, which are necessary on the basis of an impairment of physical fitness, or , are not in compliance (Section 124 (2)).

(3) The provisions of § 43 shall apply to the implementation of administrative criminal proceedings.

Transitional provisions

§ 139. (1) Those based on the provisions of the Federal Law Gazette BGBl. No 535/1978 on the decree-law of the ship's guide, BGBl. No. 134/1932, in the version of the Federal Law BGBl. No. 90/1971, as well as the patents issued under the 1990 shipping law, BGBl. No. 87/1989, as amended by the Federal Law of the Federal Republic of Germany (BGBl). No 429/1995 certificates issued on the basis of the holder ' s application may be replaced by:

1.		the captain's patent A (Section 128 (1) (1) of the Maritime Law 1990) by the captain's patent-Schifferpatent for Inland Waterway B (Section 123 (1) (1) (1));
2.		the captain's patent B (§ 128 paragraph 1 Z 2 of the Maritime Law 1990) by the captain's patent lakes and rivers (§ 123 para. 1 Z 2);
3.		the shipowners 'patent A (§ 128 paragraph 1 Z 3 of the Maritime Law 1990) by the shipowners' patent-20 m (§ 123 para. 1 Z 3);
4.		the shipowners ' patent B (Section 128 (1) Z 4 of the Maritime Law 1990) by the ship's patent-20 m-lakes and rivers (§ 123 (1) (4));
5.		the shipowners ' patent B (§ 128 paragraph 1 Z 4 in conjunction with paragraph 2 of the Maritime Act 1990) restricted to the management of Rafts by the ship's guide patent-Raft (Section 123 (1) (7));
6.		the shipowners ' patent D (§ 128 paragraph 1 Z 6 of the Maritime Law 1990) by the ship's patent-10 m-lakes and rivers (§ 123 para. 1 Z 6).

(2) The provisions of Sections 131 and 134 (1) shall also apply to certificates of competence which are applicable in accordance with paragraph 1 of this Article. "

Section 153 (2) reads as follows:

" (2) With the enforcement of the second part of this federal law, those parts of the Danube which are not waterways, the Lake Constance, Lake Neusiedl and the border routes are covered with regard to waterways, with the exception of national law enforcement. other border waters of the Federal Ministers of Transport, Innovation and Technology, in so far as matters relating to water purity, the protection of persons against noise pollution and the protection of the air from pollution are affected, in the Agreement with the Federal Minister for Agriculture, Forestry and the Environment and water management, in so far as military matters are affected, in agreement with the Federal Minister for National Defence, to the extent that organs of the public security service are to be used for the purpose of carrying out tasks relating to the shipping industry. , in agreement with the Federal Minister for the Interior, as far as customs authorities or the customs administration is involved in the enforcement of the law, in agreement with the Federal Minister of Finance, with regard to § § 28 (3) and (4) and 30 (2) in agreement with the Federal Minister of Justice, insofar as regulations in accordance with § § 15 (2) and (2) and 36 shall be adopted, in agreement with the Federal Minister for Economic Affairs and Labour, with regard to the other waters of the State Governments, as far as the bodies of the public security service are responsible for the performance of tasks relating to the ship-to-ship situation , in agreement with the Federal Minister of the Interior, in relation to § § 28 (3) and 4 and 30 (2) in agreement with the Federal Minister of Justice. The Regulation provided for in Article 38 (7) shall be adopted in agreement with the supreme service authority of the authorized bodies. "

Article 2

Amendment of the Federal Act of 27. Jänner 1976 on the competence of the authorities and the reproach of administrative transgressions on matters relating to shipping on Lake Constance and on the amendment of the Law on Shipping Newspapers

The Federal Act of 27. Jänner 1976 on the responsibility of the authorities and the reproach of administrative transgressions on matters relating to shipping on Lake Constance, as well as the amendment of the Law on the Law of the Navigation of the Shipping Code, BGBl. No 65/1976, shall be amended as follows:

(43) In Article II, the expression "30 000 S" by "2 180 Euro" replaced.

Article 3

Amendment of the Maritime Law

The Federal Act of 19 March 1981 on Maritime Navigation and amending the Commercial Code, the Transport Labour Inspectorate Act and the Federal Law for the fulfilment of the 1960 International Convention for the Protection of the Human Rights of the European Union Life at sea, the rules for the prevention of collisions at sea as well as the International Convention on Load Lines 1966 (Maritime Law), BGBl. No 174/1981, as last amended by the Federal Law Gazette (BGBl). I No 32/2002, shall be amended as follows:

44. The short title of the Maritime Law receives the abbreviation "SeeSchFG" .

§ § 2 Z 10, 3 (4), 4 (5), 5, 7 (1) and 3, 8 (6) and (7), 9 (2), 10 (3), 4, 6, 7 and 8, 11 (3), 15 (1), 2 and 4, 17 (2), 25 (3), 27 (5), 28 (3), 29 (6), 30 (3), 31 (3) and (4), 32 (3), 33 (1) and (4). Article 36 (3), 37 (2), 41 (2), 42 (2), 43 (4), 54 (2) Z 5, 7 and 8 and 60 (1) Z 3, 4, 5, 6, 7, 8 and 9 and (2), the term referred to in Article 4 (5) shall be expressed twice. "Public economy and transport" by "Transport, innovation and technology" replaced.

46. In § 8 paragraph 1 Z 1 lit. b becomes the expression "10 000 S" by "726 Euro" replaced.

47. § 10 (5) reads:

" (5) However, the Federal Minister of Transport, Innovation and Technology, by way of derogation from paragraph 2 (2) (7), has set a time limit for the shipowner of an Austrian seagoing ship before a revocation for non-compliance with the enrolment of the operating organisation of the shipowner of an Austrian maritime transport a maximum of four weeks, within which it shall be responsible for setting up an operational organisation. "

48. § 11 (3) is deleted.

49. The following paragraph 5 is added to § 11:

"(5) By way of derogation from § 7 (1), the admission of yachts shall be limited to ten years."

§ 12 reads as follows:

" § 12. (1) Each yacht shall have the official registration number assigned by the registration authority. This is to be attached to the rear, if necessary on both sides, or on both sides of the bow, in the case of multi-hull fjord, respectively on the outside of each outer hull.

(2) A freely selectable name may be attached to the official identifier. "

51. § 14 deleted.

52. § 27 (4) second sentence is deleted.

53. The following paragraphs 3 and 4 are added to § 56:

" (3) For yachts, their procedures for the approval of maritime navigation at the time of the entry into force of the shipping rights novella 2005, BGBl. I n ° 41, the legal situation in force until the entry into force of this Federal Act shall continue to apply.

(4) The names of the yachts, which after the entry into force of the shipping rights novella 2005, BGBl. I No 41, which is in force in force in the maritime sector, shall be regarded as official marks. '

54. In § 60 (1) Z 5, the expression "social administration" by "Social Security, Generations and Consumer Protection" and in Z 8 the phrase "Environmental protection and social management" by "Women, for agriculture, forestry, the environment and water management, and for social security, generations and consumer protection" replaced.

Fischer

Bowl