61/2000 Sb.
LAW
of 24 July 2003. February 2000
about shipping
Change: 342/2006 Sb.
Change: 136/2006 Sb.
Change: 124/2008 Sb.
Change: 310/2008 Sb.
Change: 227/2009 Sb.
Change: 261/2007 Coll.
Change: 375/2007 Sb.
Change: 64/2014 Sb.
Change: 81/2015 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
BASIC PROVISIONS
§ 1
The subject of the edit
(1) this Act incorporates the relevant provisions of the European Union ^ 1) and
modifies the
and conditions governing maritime) by seagoing vessels under State
the flag of the United States and the rights and obligations of legal entities and natural
people associated with it,
(b)) the performance of State administration in matters of maritime shipping.
(2) the Act shall not apply to seagoing ships, water
scooters, inflatable boats and small vessels on sea transport,
If they are operated in accordance with the legislation on Inland
^ 1a).
§ 2
Basic concepts
(1) the maritime means the operation of naval vessels on the free
the sea, ^ 2) in the exclusive economic zone of the ^ 2), and in archipelagic waters, in ^ 2)
territorial sea ^ 2) and on sections of inland waterways with the coastal
the sea of the United to the last Harbour, which serves as the port for the
naval ships and naval vessels in the ports of stay. ^ 2)
(2) a sea-going vessel is a maritime trading ship and marine yachts.
(3) the Cabotage shipping means the practice of sea-going vessels exclusively
in the territorial sea of the coastal State or between ports of the coastal States.
(4) the Maritime merchant ship is a naval vessel of the self-propelled
for shipping to freight transport or passenger or
the transport of cargo and passengers (hereinafter referred to as "the ship").
(5) the Naval yacht's seagoing vessel whose hull length exceeds 2.5
meter and does not exceed 24 metres, equipped with sails or motor or
both.
(6) a ferry ship is a ship designed to carry road and rail
vehicles, wagons on the ship and leaving the ship on your own, and
passengers on a regular route as sea ferry.
(7) the Ro/Ro is the ship with the flip open bow, hips or rear, designed
exclusively for the transport of vehicles and other costs on the chassis or
trailers.
(8) a passenger vessel is a maritime vessel intended for the carriage of more than 12
passengers. Per passenger is considered to be any person being transported with
the exception of the master, the other members of the crew of the ship and a child under
1 year.
(9) the classification society is a recognised classification society recognised
The European Commission (hereinafter referred to as "the Commission") under the directly applicable legislation
The European Union ^ 28).
(10) the international certificate is a certificate which proves that the maritime
the vessel, its design, equipment, traffic control system
or working conditions of the crew members of the vessel meet the requirements
established by the international agreement, which is part of the rule of law and
regulates the area of maritime operations (hereinafter referred to as "maritime Convention") ^ 3).
(11) the Repatriation means transportation of the crew member of the ship after its landing
to the place of the registered office of the operator of sea-going vessels or to another
the agreed place.
§ 3
The maritime authority
State administration and State supervision in matters of maritime exercises
The Ministry of transport and communications. The Ministry of transport fulfils the function of
Maritime Authority (hereinafter referred to as "the authority") in relation to international treaties,
which the Czech Republic is bound.
PART TWO
THE RIGHT OF THE FLAG AND NAVAL TERMS
The law of the flag
§ 4
(1) the right and the obligation to fly the national flag of the United States arises
registration of sea-going vessels into the maritime register of the Czech Republic (hereinafter referred to
"the Naval Register") or on the basis of decisions of the Office concerning the provisional
permission to sail under the flag of the Czech Republic (hereinafter referred to as
"the provisional authorization to voyage").
(2) on a sea vessel flying the national flag of the United States
valid legal order of the Czech Republic. In the territorial sea or on
inland waterway with the territorial sea and in port
applies on a sea vessel flying the national flag of the United States
the legal order of the Czech Republic, if the coastal State does not exercise its right to
accordance with international law.
(3) registration of sea-going vessels into the maritime register of shipping gets
the nationality of the vessel of the United States. The owner of a maritime
the vessel is obliged to pay a fee for the right to fly the national flag
Of the Czech Republic.
(4) the amount of the fee shall be determined depending on the duration of the right to fly
under the State flag of the United States, the kind of sea-going vessel, its
the size and area of maritime operations. The amount of the fee and the methods of payment and
proof of payment of the fee determined by the Government Regulation.
§ 5
(1) under the State flag of the United States can run shipping with
the exception of maritime operations for the purpose of operating the
and fisheries)
(b)) ferry ships or Ro/Ro,
(c) passenger ships).
(2) the Cabotage shipping can operate under the State flag of the United States
only with the consent of the coastal States, in whose territorial sea is
cabotage shipping operates.
§ 6
(1) the owner of a sea-going vessel is the legal or natural person,
that when you write a sea-going vessel to the maritime registry provides proof
legal title to ownership of sea-going vessels.
(2) the operator of a sea-going vessel is a natural person with permanent
residence or place of business in the territory of the United States or a citizen of the
another Member State of the European Union or a legal person with its headquarters
or organizational component within the territory of the Czech Republic, another Member
State of the European Union or the State of the formation of the European economic area,
and that his own name is operated by maritime navigation under the flag
The United States and is also the owner of a sea-going vessel or is
the owner of a sea-going vessels authorised to operate a sea-going vessel
on its own behalf and on their own responsibility.
(3) A citizen of another Member State of the European Union, for the purposes of this
the law also means a natural person who is under a special legal
the regulation shall be entitled to temporarily provide services on the territory of the United
States ^ 3a).
(4) the person authorized to operate the sea-going vessels referred to in paragraph 2
not empowered to operate this vessel to another person without the prior
the consent of the owner of a sea-going vessel.
Maritime index
§ 7
(1) the Maritime Register is a public list, in which shall be entered particulars of the
seagoing ships, their owners, and their operators.
Maritime index leads to the authority.
(2) a sea-going vessel to the maritime registry can be written only on the basis of
decisions of the Office on the registration of sea-going vessels. On the date of registration of the right
fly the national flag of the United States.
(3) in the maritime register are kept separate records of ships, registration
Yacht Charter and registration of ships under construction.
(4) to the maritime registry may each be regarded and make it
extracts and copies.
(5) for the work associated with the leadership of the register is paid a management fee. ^ 4)
§ 8
(1) the register shall contain the following particulars:
and the name of the sea-going vessels);
(b) ship identification number assigned) of the international maritime
organisations, ^ 5) or hull identification number allocated to the maritime yachts
by the manufacturer or a recognised classification society;
(c)) the purpose for which it is a seagoing vessel is intended;
(d)) call sign or other identification mark of the radio ships
allocated to and used by other legislation ^ 29),
(e)) the owner of a seagoing ship
1. for natural persons shall contain the following particulars: name, surname, date of
of birth and address of the place of residence or domicile,
2. in the case of a legal person shall be entered the following information: business name, registered office,
legal form, where appropriate, place of business, the name of the representative;
(f)) in the case of sea-going vessel operator, that this is a different
body (data apply their range similarly to the owner
sea-going vessels);
g) basic technical data on marine vessel;
h) liens and rights of retention stranded on a seagoing vessel and
other factors limiting the handling of maritime vessel;
I) concurrent registration of ships;
j) decision to suspend registration of sea-going vessels;
the reason and date of deletion) sea-going vessels from the maritime registry;
l) date of the registration of the naval vessel to the maritime registry and
the signature of the writer.
(2) against a person who is in charge of the maritime registry in writing to,
not the one whose registration is concerned, argue that registration is not
fact.
(3) the method of keeping records of sea-going vessels, basic technical data
of marine vessels and other technical data that is written to the
maritime registry, lays down the detailed prescription.
§ 9
Decision on the entry of naval vessels
(1) the Office shall decide on the registration of sea-going vessels in the maritime registry
the basis of a written request under the following conditions:
and operator of sea-going vessel) is a natural person who has reached the
the age of 21 years, is eligible to take legal actions and impeachable, or legal
a person whose statutory authority or Board members have reached the
the age of 21 years are eligible to perform legal acts and are of high integrity,
(b) the operator of a ship) meeting the requirements of the International Convention on
the safety of life at sea, ^ 30) (hereinafter referred to as "the International Convention
SOLAS ") on the establishment of a system for the safe management of operations on the ship,
c) sea-going vessel has the technical competence,
(d) the vessel is not registered) maritime maritime register of another State or
in another shipping register except in the case where the registration of the ship in
the maritime register of another State or another register is
suspended due to concurrent registration.
(2) if the Office decides on the registration of sea-going vessels into the maritime
the register will enable immediately after the release of this decision
the operators of sea-going vessels access to the extent necessary to the system
for the exchange of information in accordance with the European Union ^ 31).
(3) registration of sea-going vessels into the maritime register of shipping gets
the nationality of the vessel of the United States. Registration of sea-going vessels
the maritime registry certifies ownership of maritime vessel.
(4) the minutes of a maritime vessel to the Maritime Registry Office shall certify
by issuing the registration sheet. Registration sheet of ships shall be drawn up on the
for an indefinite period. Registration sheet maritime yachts shall be established for a period of
the validity of the technical competence of maritime yachts to sailing.
§ 10
Integrity of the operator of sea-going vessels
For integrity, for the purposes of this Act, shall be considered one who is not
convicted of an offence, which is related to the merits of the
maritime, or one who has not been convicted for another
offence committed intentionally, if it does not look as if it was not
convicted.
section 10a
In order to determine whether the owner of the vessel meets
the condition of integrity, the Office will require by a special legal
prescription ^ 5a) an extract from the criminal register. Extradition request listing
of convictions and an extract from the criminal register with
to be transmitted in electronic form, in a manner allowing remote
access.
§ 11
Procedure for registration of sea-going vessels in the maritime registry
(1) an application for the registration of sea-going vessels into the maritime register of given
the owner of a sea-going vessel.
(2) the application for registration must include the maritime registry
and) business name and address or name, registered office and legal form of legal
the person who is the owner of a seagoing ship, or name, surname,
place of residence or the place of residence and date of birth of the natural person
that is the owner of a seagoing ship
(b)) the business name and address or name, registered office and legal form of legal
the person who is the owner of sea-going vessels authorised to carry
naval vessel on its own behalf and on their own responsibility, unless the
at the same time, the owner operator of a seagoing ship, or name,
last name, place of residence or the place of residence and date of birth, physical
the person who is the owner of sea-going vessels authorised to carry
naval vessel on its own behalf and on their own responsibility, unless the
the owner of a sea-going vessel at the same time its operator,
(c) basic technical information on) a sea vessel, which are subject to
registration pursuant to § 8 para. 1.
(3) the application for registration must be accompanied by the maritime registry
and an excerpt from), criminal records or citizens of other States
equivalent ^ 4a), when the applicant is a natural person, or an extract from the
criminal records or citizens of other States in a similar
evidence ^ 4a) all the members of the statutory body, when the applicant is a legal
the person; an extract from the criminal register must not be older than 6 months,
(b) a document attesting to ownership) to the naval vessel
(c) a document attesting to the legal relationship), operator of the sea-going vessel
for maritime vessel
d) documents certifying the technical competence of naval vessels to
navigation,
e) proof of erasure of sea-going vessels from the previous maritime
the register of another State or a document on the suspension of registration in
the previous maritime register of another State, if it is about the coexistence of
the registration of ships, or, if this is a new building of the ship, the Honorable
a statement that the ship is not registered in the register of another State
(f) a copy of the document of proven) lien or retention
the vessel operated on maritime law, if established, or for more
really restrictive handling of seagoing vessel,
g) document certifying the ship identification number allocated to the International
Maritime Organisation ^ 3) or hull identification number marine yachts
assigned by the manufacturer or a recognised classification society,
h) proof of meeting the condition of permanent residence or headquarters
operators of sea-going vessels in the Czech Republic according to § 6 paragraph 1. 2
This law,
I) proof that the conditions under section 6 (1). 2,
(4) The registration of sea-going vessels in the Naval Register is a legal right.
(5) the details and sample applications for the registration of naval vessel to the maritime
the register and the documents governing the application for registration must be
naval vessel to the maritime registry documented, lays down the detailed
prescription.
§ 11a
Provide data on marine vessels
(1) the authority shall promptly furnish, at the request of the competent authority of the Member
State of the European Union or of a State party details of maritime conventions
the sea-going vessel, which is or has been registered in the register,
in order to verify the technical competence and it details
and the inspection reports) sea-going vessels registered in the maritime register
carried out under State supervision,
(b)) of the recognized classification societies, which issue certificates of
classification and an international certificate under this Act;
(c)) of the maritime accidents relating to marine vessels registered in
the maritime register and
(d)) of seagoing vessels, of which occurred in the last 12 months to
deletion from the maritime registry.
(2) for the purpose of providing the data, the authority holds the information set out in
paragraph 1.
the title launched
§ 12
Fitness of a ship for navigation
The ship is seaworthy, if it has been designed, built and is
maintained and operated in accordance with the requirements of the maritime conventions and regulations
an approved classification society.
§ 12a
Compliance with the requirements of the laws of an approved classification society verifies the
the company, under its legislation, the granting of class ship.
section 12b
(1) compliance with the requirements of the maritime conventions, the Office approved the request.
(2) the applicant is the only party to the proceedings.
(3) the authority shall approve the compliance of the ship with the requirements of the maritime conventions, if
and) the ship, its design, equipment, traffic control system for the
the ship and the working conditions of the crew of the ship comply with the requirements
maritime conventions
(b)) marine equipment placed on the ship is marked with the mark of conformity and the
complies with the requirements set out in government regulation on technical
requirements for marine equipment ^ 32), or where the Office has issued the permit to
location of marine equipment on board the ship,
(c)) is the ship of a gross tonnage exceeding 300 tonnes, equipped with a system
automatic identification and tracking of ships at great distances,
(d)) is the ship of a gross tonnage exceeding 3000 tonnes, equipped with a recording
a device that is used to obtain data to facilitate the professional
investigation of marine casualties or incidents (hereinafter referred to as
"a device to record voyage data").
(4) the authority shall, before the approval of the compliance of the ship with the requirements of the maritime
inspection and testing according to the conventions of the maritime conventions in order to
determine whether the conditions referred to in paragraph 3. The tests referred to
in the first sentence shall be carried out only to the extent that does not meet the
the conditions referred to in paragraph 3 of the documented evidence accompanying the application.
Operator of the ship is obliged to perform the inspections and tests
to ensure the necessary cooperation, especially
and tell) agreement with the authority, in sufficient time and space
time of the ship,
(b) allow access to the ship),
(c)) to ensure safe access to the ship,
(d)) follow the instructions of persons authorised to carry out inspections.
(5) if it is necessary for the approval of compliance with the requirements of the maritime
conventions, the Office will contact the competent authority of the Member State of the European Union,
to whose registry the ship is registered, with a request to provide data about the
tours and marine casualties.
(6) the costs for the implementation of inspections and testing referred to in paragraph 4 shall be borne by
the applicant.
(7) if the Office meet the request for the approval of the compliance of the ship with a
the requirements of the maritime conventions, it issues a written copy of the decision to place
international certificate.
§ 12 c
International certificate
(1) the international certificate are:
and safe construction) certificate of the ship in accordance with the International Convention SOLAS,
b) certificate of rescue equipment in accordance with the International Convention SOLAS,
(c) the radio equipment) the certificates of the ship in accordance with the International Convention SOLAS,
d) a certificate of exemption from the technical requirements under the International Convention
SOLAS,
e) a safety management certificate according to the International SOLAS Convention,
f) ship safety certificate from the standpoint of the prevention of oil
pollution by the International Convention for the prevention of pollution from
boat ^ 33) (hereinafter referred to as "the international MARPOL Convention"),
g) ship safety certificate with regard to the prevention of pollution
liquid noxious substances under the international MARPOL Convention,
h) ship safety certificate with regard to the prevention of pollution
wastewater management by the international MARPOL Convention,
I) certificate in accordance with the International Convention on load lines ^ 34) (hereinafter referred to as
"The International Convention of the Load Line"),
j) a certificate of exemption under the International Convention of the Load Line,
k) certificate for work under the Convention on maritime labour,
l) another international certificate, which provides for a maritime Convention.
(2) if it met the conditions laid down in the International Convention
SOLAS, the Office shall issue the certificate referred to in paragraph instead of 1 point. and)
to c) ship safety certificate.
(3) the Maritime Convention provides that international certificate are required
for different types of ships.
(4) the international certificate are valid for 5 years from their date of issue.
Section 12d
(1) the authority shall, at the request of the operator of the ship shall be granted, in accordance with maritime
the conventions, an exception to the requirements set out in section 12b of paragraph 1. 3, if
the granting of such an exception does not occur to the deterioration of technical competence
the ship, the threat to human life or to the marine environment.
(2) a participant in the proceedings for the grant of the exemption is the only applicant.
(3) where the authority meet requests for exemption, in accordance with the
maritime conventions
and) issues # written copy of the decision on the grant of the exemption
international certificate of exemption, or
(b) exception granted) shall record on the corresponding international certificate.
(4) the exemption is granted for a period of time that is a valid international
a certificate which certifies compliance with the requirements from which exemption is
granted.
§ 12e
Regular tours
(1) the Office shall be carried out according to the maritime conventions, periodic inspection of ships
they are written in the maritime registry and flying the flag of the United
of the Republic. Operator of the ship is obliged to carry out inspections
to provide the necessary assistance, in particular the
and tell) agreement with the authority, in sufficient time and space
time of the ship,
(b) allow access to the ship),
(c)) to ensure safe access to the ship,
(d)) follow the instructions of persons authorised to carry out inspections.
(2) the Office shall, when regular inspection verifies that the structure of the ship,
its equipment and operation are in accordance with the requirements of the maritime conventions.
(3) the authority to perform periodic inspections shall record in the international
the certificate.
(4) the costs of performing regular inspections shall be borne by the operator
the ship.
(5) if the operator of a ship does not let you perform regular tours in
the period referred to in the maritime Convention, shall cease to have an international certificate
the validity of.
§ 12f
Extension of the validity of the international certificate
(1) if the Office approves compliance of the ship with the requirements of the maritime conventions
extended at the request of the validity of the current international certificate when the
the applicant shall provide evidence that new international certificate cannot be delivered to the master of
the ship before the expiry period of validity of the existing international
certificate, but no longer than 5 months.
(2) the authority shall, on request, extend the validity of the existing international
certificate for as long as necessary to ensure that the ship completed the journey to
the port, which may be made under section 12b of paragraph 1. 4,
If you extend the validity of current international certificate
There will be a threat to the safety of human life or to the marine environment.
§ 12 g
The withdrawal of the international certificate
The authority shall withdraw the ship's international certificate, if ship ceases to comply with
the requirements of the maritime conventions.
§ 12 h
Permission to the location of marine equipment on board ship
(1) if the marine equipment does not meet the requirements laid down in regulation
the Government on technical requirements for marine equipment and is not fitted with
mark of conformity may be placed on board ships only on the basis of
permit Office.
(2) the authority shall issue the authorisation referred to in paragraph 1 at the request of the operator of a ship,
If this is about
a) newly developed marine equipment and this device provides the same
the level of safety and efficacy as an establishment approved in accordance with the regulation on
technical requirements for marine equipment, or
(b)) marine equipment that is the subject of testing, and this maritime
the device is intended exclusively for testing purposes and does not replace the maritime
a device that is placed on board the ship in accordance with regulation of the Government
on technical requirements for marine equipment.
(3) if the marine facilities referred to in paragraph 2 of the Radiocommunication
the device, the authority shall issue authorisations referred to in paragraph 1 only if the
This equipment does not unduly affect the radio frequency spectrum.
(4) a participant in the authorisation procedure for the placing of marine equipment on
the boat is the only applicant.
(5) to comply with the conditions for granting the authorisation referred to in paragraph 2 (a). and)
to prove the opinion issued by a recognised classification society that
must be attached to the application for authorization.
(6) the authority shall determine the conditions in the permit, the use of marine equipment. The validity of the
permission to the location of the marine equipment referred to in paragraph 2 (a). (b))
The authority shall be limited to the time necessary to perform the test, the longest
However, for 12 months. The authorization must be kept on board the ship at all
for the location of marine equipment on board the ship.
(7) the authority shall forward the information referred to in the Commission and the competent authorities
Member States of the European Union within one month since its release.
section 12i
(1) the authority may delegate to a recognised classification contract governed by public law
company
and approving the compliance of ships with) the requirements of the maritime conventions, with the exception of
deciding on the exception under section 12d, and the issuance of international certificates,
(b) carrying out inspections of ships and) tests in connection with the approval
accordance with the requirements of the ship maritime conventions
(c) carrying out regular inspections)
(d) the extension of the validity of the international certificate),
(e)) by turning the international certificate.
(2) the public agency contract, if it finds in the activity of recognised
classification societies, which commissioned pursuant to paragraph 1 (hereinafter referred to as
which was responsible for the company "), serious deficiencies or if the Commission
responsible for the company's recognition, as directly applicable regulation
Union ^ 28). The notice period is 6 months.
(3) in the public service contract can be concluded and the reasons for the termination, other than
that are referred to in paragraph 2.
(4) a public contract must define:
and performance credentials) the scope of Government,
(b) the scope of cooperation in the preparation of) the rules relating to the
approval of the technical competence of ships,
(c)) the list of provisions relating to the activities of the company, responsible for
(d)) the information which the Contracting Parties are obliged to communicate including procedures
and time limits,
(e) the obligation of secrecy),
f) responsibility for the damage caused in the performance of activities within the scope of the
credentials,
g) procedures for the periodic review of the charge of the society of
The Office,
h) procedures for random and detailed inspections of ships,
I) how to change the Treaty,
j) the procedure for the resolution of disputes between the Contracting Parties,
to access the internal regulations), in charge of the company,
l) access to documentation relating to ships flying the flag of a
The United States,
m) the period of notice and notice of the reasons.
section 12j
(1) the authority in charge of the company's activities at least once every 2
for years.
(2) the authorized company is obliged to notify the Office of
and) classified and changes, suspensions and withdrawals of
classification class of ships flying the flag of the United States,
(b)) international certificates issued and withdrawn, results
inspections and the extension of the international certificate
relating to ships flying the flag of the United States,
(c)) the internal rules relating to the design, construction,
facilities, maintenance and inspections of ships.
(3) the Office shall inform the responsible company relating to authorizations issued on
location of marine equipment on board ship and on authorized exceptions to the
the requirements of the maritime conventions.
(4) the information received under paragraph 3 shall not charge the company
communicate to third parties.
§ 12 k
(1) the authority may, by any commissioned company, that in case of damage
caused by any commissioned company of negligence, the amount of regression of the remuneration
applied by the Office in accordance with the law governing liability for
damage caused in the performance of public authority by a decision or incorrect
^ official procedure 35) limited. Contractually limited amount thus regression
the payment, however, shall not be less than
) and EUR 4 million in respect of compensation for the injury caused to the
health or death,
(b) EUR 2 million), when it comes to compensation for damage caused to property.
(2) for the purposes of this provision, for the conversion of the amounts in EURO referred to in
paragraph 1 on the Czech currency foreign exchange market the rate announced by the Czech
National Bank on the date of a claim for damages before the competent
authority.
§ 12 l
The proceedings before the designated companies
(1) in proceedings before the responsible company can act and submit
the document even in the English language.
(2) on an appeal against the decision, in charge of the company shall be decided by the authority.
§ 12 m
(1) the authority shall inform the Commission of the public contracts concluded by
This law, as well as on public contracts, that testified.
(2) if the Office finds that the ship poses a serious threat to the security of
and the marine environment as a result of serious misconduct, in charge of the company,
It shall inform the Commission and the other Member States of the European Union.
(3) the authority shall notify the procedure referred to in paragraph 2, in charge of the company without
undue delay.
(4) the authority shall inform the Commission and the other Member States of the European Union on the
the results of the regular checks carried out by the accredited companies
under section 12j para. 1, and until 31 December 1998. March of the year following
After a year in which the checking is performed.
§ 12n
Certificate for work at sea
(1) the annex to the application for the approval of the conformity of the ship with the requirements of the maritime
conventions is a description of the measures which the operator shall ensure compliance
the conditions for the work of the members of the crew of the ship with the requirements of the Convention concerning work in the
the sea, part five of this Act and the labour code, in the case of a ship with a gross
tonnage
more than 500 tonnes), or
(b) not exceeding 500 tonnes), where an applicant applies for the approval of compliance
the conditions for the work of the members of the crew of the ship with the requirements of the Convention concerning work in the
the sea.
(2) the authority shall assess on the basis of the description of the operator of the ship also measures
the compliance of the conditions for the work of the members of the crew of the ship with the requirements of part five
This Act and the labour code. To this end, the Office will require a binding
the opinion of the State Labour Inspection Office.
(3) together with the certificate to work at sea, the authority shall issue a statement of
compliance with the conditions of work at sea, which includes a description of the measures
operator of the ship referred to in the annex to the application. In the Declaration of compliance with the
conditions of work at sea, the Office shall record the exceptions from the requirements for working
members of the crew of the ship to have been granted under section 12d.
(4) a certificate to work at sea and a declaration of compliance with the conditions of work
at sea shall expire on the date of registration of the new operator also
ships in the maritime registry.
(5) at the request of the interested party about the approval of the conformity of the ship with the requirements
maritime conventions, the authority shall issue a provisional certificate to work at sea, if
and approving the compliance of ships) with the requirements of the maritime conventions
1. If it is not registered in the maritime register, or
2. ceases to have previous certification for work at sea validity according to the
paragraph 4, and
(b)) with regard to the inspection and tests carried out and an assessment of the description
operator of the ship measures can reasonably be expected to be approved
compliance of the ship with the requirements of the Convention on maritime labour.
(6) the validity of the provisional certificate for work at sea shall expire on
legal force of the decision on the approval of the compliance of the ship with the requirements
maritime conventions or the decision granting the application for the approval of compliance
ships with the requirements of the maritime conventions rejected, but no later than end of 6
months from the date of its issue.
(7) the details description of the measures that the operator shall ensure compliance
the conditions for the work of the members of the crew of the ship, lays down the legal
prescription.
section 13 of the
Technical competence of maritime yachts for shipping
(1) the naval yacht is technically eligible for shipping, if its
design, technical condition and facilities ensures its ability to safely
to navigate and does not endanger the safety and health of persons, property and the marine
environment.
(2) the technical competence of marine yachts for shipping with shows
accompanied by compliance with the requirements for the equipment of the naval yacht, which guarantees
its safe navigation, without endangering the health and safety of persons, property and
of the marine environment, and
maritime yachts marking) mark of conformity according to a special legal
prescription ^ 36),
(b)) other evidence, from which it follows that the naval yacht in terms of
construction, design and in terms of exhaust emissions and noise
reasonably meets the requirements laid down in a separate legal
prescription ^ 36) if the marine yachts may not be marked with the mark of conformity,
or
c) opinion approved classification society in accordance with its internal
regulations.
(3) the equipment of the naval yacht, which guarantees the safe navigation of the sea
the yacht without risk to the health of persons, property and the marine environment and that
must be placed on board a seagoing yacht, lays down the legal
prescription.
§ 13a
(1) if the marine yachts must meet in addition to the conditions referred to in section 13 of the
also the requirements of the maritime conventions whose fulfilment shall be demonstrated
international certificate referred to in section 12 c of paragraph 1. 1 (b). h) or l),
apply for the approval of compliance with the requirements of marine yachts
These conventions section 12b of up to 12 g.
(2) if the marine yachts must be equipped according to the maritime conventions
marine equipment, marine equipment must be marked with a marker
the match, which demonstrates that this maritime equipment satisfies the requirements
set out in government regulation on technical requirements for maritime
equipment; § 12 h shall apply mutatis mutandis.
§ 13b
(1) the technical competence of maritime yachts to sailing will be approved by the authority
on request, are subject to the conditions referred to in section 13.
(2) the application shall be accompanied by documents showing that the
the requirements referred to in section 13.
(3) a participant in a proceeding on the approval of the technical competence of maritime yachts
the shipping is the only applicant.
(4) the authority shall, before the approval of the technical competence of maritime yachts
to explore the maritime shipping yachts in order to determine whether they are
compliance with the conditions referred to in section 13. The operator of a seagoing yacht is obliged to
in order to conduct tours of the marine yachts provide the necessary
synergies, in particular
and tell) agreement with the authority, in sufficient time and space
the naval yacht tours
(b) allow the input to the maritime) yacht,
(c)) to ensure secure access to the naval yacht,
(d)) follow the instructions of persons authorised to carry out inspections.
(5) the costs of the inspections referred to in paragraph 4 shall be paid by the applicant.
(6) if the equipment doesn't match the region allowed naval yacht marine
cruises from the Mainland or from the coast by the manufacturer or authorized
an approved classification society, or when the permitted area of maritime
cruises from the Mainland or from the coast has not been defined, the Office at the same time
the approval of the technical competence of maritime yachts for shipping limits
the distance allowed sea crossing from the Mainland or from the coast, so that
match its facilities. The establishment of areas allowed shipping from the
Mainland or from the coast lays down detailed legislation.
§ 13 c
(1) if the Office meet the request for approval of technical competence
maritime yachts for maritime issues instead of the written copy of the
the decision of a certificate of competency marine yachts for shipping;
This certificate is valid for 5 years from its release.
(2) a certificate of competency marine yachts to sailing must
contain
and) identification of marine yachts
(b)) the technical information about the marine yacht, including the Declaration of conformity referred to in
special legal regulation ^ 36),
(c) the demarcation of the area allowed) sea crossing
(d) the period of validity of the certificate,)
e) list of marine equipment, which is the naval yacht equipped, including
Declaration of conformity in accordance with the Government regulation on technical requirements for
marine equipment.
section 13d
(1) the authority may, on application by a decision to entrust the approval of technical
eligibility of marine yachts to sailing legal or natural
a person who is technically equipped and technically competent to assess the
technical competence of marine yachts to sailing, or ensure
This activity through the competent person. Approval
accordance with the requirements of the maritime naval yacht conventions pursuant to § 13 para. 1
the Office may appoint only a recognised classification society.
(2) the decision shall define the conditions for exercising the authority more credentials.
(3) the authority shall withdraw the credentials, if the authorized person
and of the withdrawal requests credentials), or
(b)) the authorized person fulfilling the obligations established by this Act, or
a decision on the credentials.
(4) a decision on the credentials, as well as the withdrawal of this mandate, the
The Office on their notice board.
(5) on an appeal against a decision of an authorised person shall be decided by the authority.
§ 13e
The designated officer is required to
and to inform the Office of) the internal rules that govern the procedure for
the implementation of operations in the framework of the approval of the technical competence of maritime
Yacht Charter for maritime navigation,
(b) maintain a list of seagoing yachts), whose technical competence to
Shipping approved,
(c)) expose way allowing remote access cost of operations
carried out in the context of the approval of the technical competence of marine yachts to
shipping agents.
§ 14
Registration of ships under construction to the maritime registry
(1) the register of the ship can be written. The application for registration
the ship served under construction under construction by the owner of the ship.
(2) on the registration of ships under construction to the maritime registry shall act on
the request of the Office. The application for registration must include the business name, registered office or
name, address, legal form and the identification number of the person who is
the owner of the ship under construction, in the case of a legal person, or the name,
last name, place of residence or the place of residence and date of birth,
where appropriate, the identification number of the person who is the owner of the under construction
the ship, in the case of a natural person.
(3) an application for the registration of ships under construction to the maritime registry must be
accompanied by the
a certified copy of the Treaty) or the establishment or establishment
legal persons, and for legal persons registered in the commercial register
an excerpt from the commercial register,
(b) a document attesting to ownership) of the partially constructed ship,
(c) a document on the State of completion) of the ship,
d) proof that the conditions under section 6 (1). 2,
e) proof of payment of an administrative fee.
(4) the registration of ships under construction to the Maritime Registry Office shall certify the release
confirmation.
(5) the registration of a new construction ships in the maritime registry must be made
new request pursuant to § 11 of this Act.
Concurrent registration of the ship
§ 15
(1) Concurrent registration of the ship's registration of the ship in the maritime register
of another State, provided that the original registration in the maritime
the index of the previous state is suspended. Concurrent registration can be
only take place, if you allow the legal systems of the two States.
(2) a ship that is registered in the register of another State and the
whose registration has been suspended in this State, may be concurrently
registered in the maritime register of the United States. To write such ships
subject to the provisions of section 7 to 11.
(3) the Office shall decide on the registration of the simultaneous registration of ships on the basis of a request
its owner. In addition to the documents required for the registration of a ship under
§ 11 (1) 3, the applicant must submit
and) proof of suspension in the maritime register of another State
(b)) confirmation of the competent authority of another State to the effect that the simultaneous
registration, and that the rule of law agree to another State concurrent registration
allows you to,
(c) a lease between the owner) and the operator of a ship, ^ 6)
(d) because of the concurrent) proof of registration,
e) listing of liens and other legal defects, listed in the previous
the maritime register of another State
(f) the consent, if any) evidence of creditors providing simultaneous registrations.
(4) the operator of a ship registered in the maritime register concurrently
the ship operates under the State flag of the Czech Republic and in accordance with the legal
the laws of the United States, but may not ship to encumber with a lien or
may not sell.
(5) a boat can be concurrently registered only for the duration of the rental
the contract between the owner and the operator. By the end of the concurrent
the registration the Office shall inform the original maritime register.
section 16 of the
(1) at the request of the owner of the ship, the authority may decide to suspend
the registration of ships in the Naval Register for the purpose of simultaneous registration
in the maritime register of another State.
(2) the owner of the ship shall on the request for the suspension of its registration in the
shipping register to submit
confirmation by the competent authority) and another State to the effect that the simultaneous
registration, and that the rule of law agree to another State concurrent registration
allows you to,
(b) the rental agreement between the owner) and the operator of a ship, ^ 6)
(c) because of the concurrent) proof of registration,
(d) the consent, if any) evidence of creditors providing simultaneous registrations,
(e)) the Joint Declaration of the owner and operator of the ship that is
undertake, within one month, inform the maritime register of another
the State of any changes to the names and other information about the boat all the time
concurrent registration.
(3) the registration of a ship in the maritime register may be suspended for a maximum
for the duration of the rental agreement ^ 6) between the owner and the operator of
the ship.
(4) if the Office decides to suspend the registration of a ship, the owner of the
immediately return the registration sheet, that the Office shall retain all the time
the suspension of the registration of the ship.
(5) for concurrent registration of the ship's registration is suspended in the
the maritime register, with the exception of entries relating to the transfer of ownership
boats and changes, modifications, or deletions to the liens, which can be carried out.
(6) during the time when the ship is registered in the register of another
the State carries the flag of that State.
§ 17
The obligation of notification
(1) the owner of a seagoing ship registered in the maritime register is
obliged to notify the Office of any changes concerning the data and documents
are established as an element of the application for registration to the maritime registry
pursuant to § 11 of this Act, and submit them to the papers within 10 days from the
the emergence of the changes. According to the circumstances of the case, the Office makes a change to the data in the
the maritime register or shall decide on the suspension of the registration
sheet according to § 18 of this Act.
(2) the courts and administrative authorities are obliged to notify without delay to the Office
the decision, which applies to the registration of sea-going vessels in the maritime
the register.
section 18
The suspension of the registration sheet
(1) the authority may decide to suspend the validity of the registration sheet,
If there has been a change in the facts on the basis of which the decision of the
registration of sea-going vessels into the maritime register. The authority shall, as appropriate and
the nature of the changes will be saved the way and time to the deficiencies
their causes.
(2) if the Office shall suspend the validity of the registration sheet, marine
a vessel for a period of suspension of the registration of the right to fly the national flag
Of the Czech Republic. The owner of the vessel is obliged to immediately
commit to the Office Registration sheet. In case of cancellation of the decision on the
the suspension of the registration the Office shall immediately return to worksheet
registration sheet to the operator of sea-going vessels.
§ 19
Registration of sea-going vessels from the deletion of the maritime registry
(1) on the registration of deletion of sea-going vessels from the maritime registry decides
The authority shall, at the request of the owner of a registered sea vessel or on its own
initiative.
(2) the Office shall decide on the registration of the cancellation of a maritime vessel from the maritime
register on its own initiative,
and) if it finds that the owner of a sea-going vessel said when writing the
false information or hid important facts which preclude
to a seagoing vessel could sail under the flag of the Czech Republic,
(b) if the operator has stopped) sea-going vessels comply with the conditions for
registration of sea-going vessels into the maritime register,
(c)) unless the successor operator of sea-going vessels in the
time limit fixed by the Office, it satisfies the conditions laid down in this law for the
registration of sea-going vessels into the maritime register,
d) if there is a loss of a sea-going vessel or a marine vessel
permanently unfit for navigation.
(3) the registration of the erasure of the sea-going vessels from the maritime registry
the Office shall inform the pledgee; If the Office has carried out the registration of the cancellation
sea-going vessel on its own initiative, it shall inform the operator
sea-going vessel, and unless its operator at the same time the owner of the
sea-going vessels, and the owner of a sea-going vessel.
(4) if the Office decides, on the entry of deletion of sea-going vessels from the maritime
the index, losing a seagoing vessel entitled to fly the flag of the United State
Republic and the owner of the vessel is obliged to immediately
return to the Office the registration sheet.
section 20
Provisional authorization to voyage
(1) until such time as the owner of a sea-going vessels shall fulfil all the conditions
you need to write to the maritime registry, the seagoing vessel to sail
under the State flag of the United States on the basis of the provisional authorisation to
navigation, which grants Authority to the naval vessel for this purpose.
(2) the provisional authorisation for the Office grants, if it can be reasonably
assume that a seagoing vessel due to its technical condition
meet at the time, to which the provisional authorisation granted to sail,
all the conditions for registration of sea-going vessels into the maritime register.
(3) the technical competence of a ship to sail for the purposes of granting
the provisional authorization to voyage proves
and) certificate of class ships
(b)) international certificates.
(4) the technical competence of maritime yachts to sail for the purposes of granting
the provisional authorization to voyage shows a certificate of eligibility
maritime yachts to sailing.
(5) the provisional authorization to voyage to the naval craft may be granted
only once for a period not exceeding six months. This deadline cannot be
lengthen.
(6) if the Office shall grant provisional authorization to voyage, maritime issues
the vessel of the interim registration sheet. Provisional registration sheet
certifies the right of sea-going vessels sail under the flag of the United State
of the Republic. Office of provisional maritime voyage yachts shall define the
the area allowed a restricted maritime shipping distance to the
20 nautical miles from the Mainland or from the coast.
(7) the details concerning the issuance of provisional permission to sail down
implementing regulation.
section 21
The use of the national flag of the Czech Republic
(1) the operator of a sea-going vessel is required to ensure that maritime
the vessel carried the national flag of the Czech Republic on the most visible
place on the mast or on the stern. The location specified for the State
the flag of the United States shall not be erected other flag or emblem. When
the use of additional flags on a seagoing vessel care must be taken to ensure that
These flags were of larger dimensions than the national flag of the United States,
which must be displayed at the same time with them.
(2) the manner and reason for posting, the location and size of the national flag of the Czech
States and other flags used on a seagoing vessel provides
implementing regulation.
section 22
Port of registration and labelling of sea-going vessels
(1) an index (home) port of sea-going vessel is the place where
is a naval vessel of the maritime register.
(2) a naval vessel flying the national flag of the United States shall
be identified by the name of a commercial port of "Prague".
(3) a ship shall be marked with the name. Name of the ship shall be distinctly different
from the names of other ships entered in the register. Name of the ship shall not
damage the seriousness of the United States.
(4) the naval yacht must be identified by an index number, which is
předřazují the letters "CZE".
(5) the name of the ship and the index number of the maritime yachts and the name of the register
the port must be placed at the stern. The boat must be labeled with the name also on
both sides of the bow of the ship. Designation of sea-going vessels shall be carried out
in clearly visible and legible letters and numbers.
Article 23 of the
The right to ownership and encumbrance for maritime vessel
(1) If this Act indicates otherwise, applies to the ownership and
Lien for maritime vessel, the provisions of the civil code, and
the commercial code of title and Lien to chattels.
(2) the contract of transfer of ownership of maritime vessel must have
a written form. The transfer of ownership and the establishment of a lien for
naval vessel entered on the maritime registry shall take effect
date of the entry into the maritime register.
(3) the transfer of ownership of the pledged sea-going vessel is required
the consent of the pledgee.
(4) the contractual lien for maritime vessel is created by performing a
write this fact to the maritime registry in the order received
proposals.
§ 23a
The obligation of notification
(1) the operator or master of a ship of a gross tonnage exceeding 300
tonnes, which is in the port of a Member State of the European Union, it is
obliged to notify the competent authority of that Member State in accordance with its
the laws of the
and) identification of ship
(b)) the port of destination,
c) estimated time of arrival and departure from the port of destination,
(d)), the total number of persons on board.
(2) the information referred to in paragraph 1 is the operator or master of a ship
to give notice at least 24 hours before the arrival in
the port. If you cannot report this information within this period, it shall notify the
the operator or master of a ship
and) no later than at the time the ship leaves the previous port, if the duration
the voyage takes less than 24 hours, or
(b)) shall immediately after discovery of the port of destination, is not known at the time of
leaving the previous port or if the port has been changed in the
during the cruise.
(3) the operator or master of a ship carrying dangerous goods referred
in the International Convention SOLAS or polluting substances referred to in
The MARPOL international Convention that uses a port of a Member State
The European Union, is obliged to notify particulars of the ship, during the cruise, people
on the ship, the transported things or substances and their location on the ship
the competent authority of that Member State at the latest at the moment of departure.
(4) the operator or master of a ship carrying dangerous goods or
the polluting substances referred to in paragraph 3, coming from a port outside the
The European Union and bound for a port of a Member State of the European Union is
obliged to notify the details of the ship during the cruise, the people on the boat, on the
the transported things or substances and their location on the ship
the competent authority of that Member State
and no later than at the time of departure) from the port of loading or
(b)) once it is the port of destination in the Member State of the European Union I know,
If this information is not available at the time of departure.
(5) the master of a ship is required to promptly notify the competent authority of the
the Member State of the European Union, which has competence in the area concerned,
marine accident or incident involving the safety of the ship or
threatening the safety of navigation or any of the situations which can lead
or has led to the pollution of the waters or shore of a Member State of the European Union.
The notification shall indicate (i) particulars of the ship, its location, during the cruise,
the people on the ship and transported things or substances.
(6) the information referred to in paragraphs 1 and 3 to 5 shall be notified by
system for the exchange of information on the sea.
(7) the scope of the data transmitted in accordance with paragraphs 3 to 5 shall lay down detailed
legal prescription.
section 24
Obligations of the operator of naval vessels
(1) the operator of a sea-going vessel is required to
and sea transport) operate under the State flag of the United States only
on the basis of enrollment into the maritime register or decision on the provisional
navigation,
b) operate a maritime operations under this Act,
(c)) to ensure that at all times the operation of sea-going vessels of its
seaworthiness,
(d)) to ensure safe navigation of sea-going vessels to appoint the head
the ship or the Commander of the yacht to the eligible qualified leadership
sea-going vessels,
(e)) to ensure that the ship was manned by a qualified crew in the number and
the composition of the relevant requirements of international treaties, the Czech
Republic, ^ 7)
f) equip the ship equipment to the approved type, including documentation and labelling,
on an ongoing basis to take care of this equipment in accordance with the requirements of the international
the contract, which the Czech Republic is bound, ^ 3)
(g) ensure continuous supply ship), water and food,
(h)) to ensure that all devices on a seagoing vessel has been approved
type, had approved the documentation and their operations meet the requirements of
health and safety and the marine environment in accordance with the
international treaties by which the Czech Republic is bound, ^ 8)
(I) notify without delay to the Office), cases of birth, death, nezvěstnosti or
falling overboard and serious injuries that occurred on the maritime
the vessel, the
(j)) immediately inform the Office of the participation of the ship at the naval accident or emergency
the event and the participation of the marine yachts on the maritime accident, in which the
damage exceeding 200 000 CZK, and ensure that the documentation of the State at the time
maritime accidents, including the evidence and testimony of witnesses,
to notify the Authority) event affecting the technical competence
sea-going vessels to sail or otherwise affecting the technical condition
sea-going vessels,
l) at all times have the operation of the ship and insurance paid
insurance in the case of
1. liability insurance for damage from the operation of ships,
2. insurance for damages incurred as a result of the death of a crew member, his
an accident at work or an occupational illness and
3. the insurance to cover the costs of repatriation,
m) to ensure that in conducting maritime operations were on the maritime
vessel certificates and the certificate of medical fitness
Commander of naval vessels, and all crew members, and
n) to ensure that each crew member received a description of how to handle
complaints in labor matters on board ship, including contact details
persons responsible for their processing, people that can crew member
give advice in Labor Affairs, and the Office.
(2) in the case of ships of a gross tonnage exceeding 300 tons must be insurance
liability from the operation of the ship agreed at a level which must cover the
claims
and for damages caused by) the death, injury or damage to health,
destruction or loss of a thing, if it occurred on board the ship,
(b) for damages caused by) a violation of the non-contractual obligations,
If they occurred in direct connection with the operation of the boat or rescue
actions,
(c) for damages caused by) a delay in the carriage of cargo, passengers
and their luggage by sea,
(d)) related to the collection of your ship or pick-up, destruction or
disposal of the cargo from the ship.
(3) the minimum amount of the agreed insurance referred to in paragraph 2 shall set out
the implementing legislation.
(4) the operator of a ship in time of war, to which the United
Republic will attend, is also obliged to notify the Office of the daily details of the
the geographical location of the ship.
(5) the operator of a seagoing ship shall not under the State flag of the United
States use a seagoing vessel or permit its use for
the unauthorized transport of drugs, psychotropic substances, weapons, explosives or
the slaves.
Required documentary evidence of maritime vessels
§ 25
(1) the operator shall ensure that when operating
maritime operations were on the boat, these paper documents:
and registration sheet)
(b)) a certificate of safe manning document,
(c)) to enable the shipping station,
(d)) of the international tonnage certificate,
e) certificate of class,
f) international certificate,
g) certificate, exterminating
h) a logbook
I) mechanical engineering journal
j) manévrový journal
the health journal)
l) the radio log,
m) radar, journal
n) record book manipulations with oil,
about) the book of rubbish
p) book of shipment,
r) the technical documentation of the ship,
s) proof of liability insurance for damage from the operation of ships,
t) the employment contract of the crew of the ship,
u) laws governing labor relations members of the crew of the ship,
in) a collective agreement is concluded, and
w) other documents according to maritime conventions.
(2) the documentary evidence referred to in subparagraphs (h)) to (p)) must be approved by the Office of
before writing to them in terms of their authenticity and completeness.
The approval Authority shall indicate on the listinném document.
(3) Registration sheet, a logbook, a diary, a radio engineer, journal book
boarding have the character of a public document.
(4) Paper documents kept by the operator for three years from the date of
last write to them on the ship. After the expiration of three years from the date of
the last entry in the logbook, machinery, radio journal journal
and book shipment shall ensure the owner ships pass these documentary
documents for safekeeping the archive Office.
(5) the documentary evidence referred to in paragraph 1 (b). u) and v) must be on a boat
located in a place that is accessible to all members of the crew of the ship.
section 26
(1) the operator of a seagoing yacht is obliged to ensure that when
the operation of maritime operations were at the naval yacht following documents and
journals:
and registration sheet)
(b)) a logbook
c) crew list marine yachts
(d)) the passenger list, if maritime yacht transports passengers.
(2) the owner of a seagoing yachts shall ensure that after the expiry of the
the registration sheet of its delivery to the Office.
(3) the owner shall ensure the safekeeping of maritime yachts logbook for three
years from the date of the last entry in this journal.
section 27 of the
(1) the Required documentary evidence must be on a seagoing vessel in the original
with the exception of legislation governing the labour relations of the members of
the crew of the ship; the crew member's employment contracts and collective agreements
can be replaced with copies of the original.
(2) if there is no proof of liability insurance for damage from the operation of ships
drawn up in the English, French or Spanish language, must be
accompanied by an official translation into one of these languages. If it is not working
a crew member of a ship or the Treaty of collective agreement drawn up in the English
language must be accompanied by a translation into that language.
(3) the details of paper documents and the data in them held down
the implementing legislation.
PART THREE
THE CREW OF A SEAGOING SHIP
The crew of the ship
section 28
(1) natural persons who are entered in the books of shipment and perform
activities to ensure the safe operation of the ship, the crew of the ship are.
The crew of the ship consists of master (Captain), the officers and ship's crew.
The ship's crew members watch and support staff.
(2) officers are members of the crew of the ship, who were to Board
the officer's function. The officers ' functions are
and) chief mate,
b) Watchkeeping Mate,
c) Chief Engineer Officer,
d) second engineer officer,
e) watchkeeping engineer officer,
(f)), radiodůstojník
g) elektrodůstojník.
(3) the crew of a ship for the purpose of providing guard services divided into these
level:
and command level,) the master of a ship, the Chief
Officer, Chief Engineer Officer and second engineer officer,
(b) operational level), belongs to the officer of the deck watch,
watchkeeping engineer officer, radiodůstojník and elektrodůstojník,
c) cable, the level to which are the members of guard services.
(4) the operator is obliged to ensure that the master was a
The United States or a citizen of a Member State of the European Union, which has
knowledge of the Czech language is sufficient for the performance of its activities referred to in section
34, 35, 39 and 40. Knowledge of the Czech language is demonstrated proof of their
the Basic, middle, higher or university education in Czech
language or the composition of the test at the Office or the person authorised by the authority,
or other document certifying satisfactory knowledge of the Czech language.
(5) on the request of the operator of the ship, the authority may, in exceptional circumstances,
that have or may have an immediate impact on the safety of navigation of the ship,
enable a different nationality of the master of the ship, or to refrain from
demonstrate sufficient knowledge of the Czech language.
(6) officers and other members of the crew of the ship are in the individual
naloďováni functions on the basis of an employment contract with the operator of the ship.
section 29
(1) the crew of a ship shall, in terms of its number and composition to ensure the
safe shipping.
(2) the minimum number of crew members of the ship and its composition shall, for each
the authority taking into account the ship type, the type and size of the ship and equipment
Ferry field when writing the ships into the maritime registry and in accordance with the
the international treaty, which the Czech Republic is bound. ^ 7), the authority shall issue
certificate of safe manning document.
section 30
The crew of a seagoing yacht and marine yacht
(1) Crew consists of Commander Naval Sea yachts yachts and members
team marine yachts. The smallest number of members and composition of the team of maritime
yachts in terms of safe marine yachts, the Office shall
When you write a maritime yachts into the maritime register according to the size, type,
and machinery of a marine yachts.
(2) the largest number of people at the naval yacht that may participate in the
maritime, the Office while writing the naval yacht into the maritime
the register according to the size and type of marine yachts.
(3) the authority shall enter the safe manning maritime yacht crew and the largest
the number of people that can participate in the maritime naval yacht cruises to
the registration sheet.
section 31
Employment of foreigners and stateless persons
The employment of foreigners, or persons who are not citizens of the Czech Republic,
as crew members of sea-going vessels shall not require a residence permit
on the territory of the Czech Republic ^ 10) and work permit ^ 11) according to the
special legislation.
§ 32
Master and Commander maritime yachts
(1) the master and Commander of the naval yacht ("Commander of the sea
the vessel ") is entitled and obliged to exercise command authority on
a seagoing vessel. The Commander of a naval vessel to the function called and the
the owner of the vessel refers.
(2) the master of a ship who is unable for any reason to carry out their
the function, represents the first mate.
(3) the master and the Chief Officer are required to pass before
Office of the captain's promise.
(4) the Text of the captain's promise to lay down the detailed prescription.
§ 33
The basic duties of the Commander of the naval vessel
(1) the master of a ship is required to
and to drive the boat and ensure) the safe nautical ship; to do this,
entitled to use all measures necessary to ensure the safe during a voyage, the
maintain order on the ship and to ensure the eligibility of ships to sail,
including the competence of the crew, in accordance with the laws of the Czech Republic,
the provisions of the international agreements by which the Czech Republic
bound, ^ 12) and regulations of the coastal State,
(b)) in the conduct of the ship comply with the international law and practices generally
received and accepted in the maritime
(c)) ensure the safety of passengers and crew, including
the regular organisation of training training alarms and practical
exercise of emergency situations in accordance with international agreement, which is
Czech Republic tied; ^ 3) details about the alarm on board ship
shall lay down the implementing regulation, the
(d)) to ensure the proper care of entrusted to the load,
(e)) to ensure that the ships were required documentary evidence laid down in this
the law and the maritime conventions documents prescribed in this Act for members of the
the crew and the relevant documents relating to the cargo,
(f)) to conduct any measures necessary to avert imminent harm to persons,
the ship and cargo,
g) to inform the owner and operator of the ship on the participation of ships on the sea
casualty or incident,
(h) prevent the pollution of the marine environment),
I) to provide assistance to a person in need of a ship or an aircraft, if so
do so without serious danger to his ship, her crew and transported
of the person,
(j)) in a collision of ships announce the name and the name of a commercial port of the
the ship and the names of places, from where his boat is sailing, the master of the ship, with which
There has been a collision,
k) receive complaints of the crew of the ship and persons carried, write up
on the complaint registration, write a brief information about this fact to
the logbook and make necessary measures
l) to ensure that treated animals on the boat shipped as
the cargo in accordance with special legislation, ^ 13)
m) land a crew member of the ship expired documents
vocational or medical fitness or losing
medical fitness,
n) to record in the log the time and place of the transition operation of the ship to another
fuel type,
o) ensure that the system of automatic identification of ships was constantly in
operation,
p) the Muslim to the ship for the carriage of dangerous or pollutant,
to which the data have been transmitted to the master of the ship about this case or the substance and the
the contact person provided for in the implementing regulation and to have these
details on the ship throughout the transport,
q) inform the operator of the ship, of the measures taken by the competent
authorities of the coastal Member State of the European Union in the case of extremely
bad weather,
r) inform the competent authority of the coastal Member State of the European Union
of its decision to disregard the recommendations adopted by that body in the
the event of exceptionally bad weather.
(2) the master of a seagoing yacht is obliged to fulfil the obligations referred to in
paragraph 1 shall apply mutatis mutandis to the operation of maritime yachts.
§ 34
The permission of the Commander of sea-going vessels to persons on a seagoing vessel
(1) all persons on a seagoing vessel are required to follow the commands
the Commander of the sea-going vessels issued within the limits of its competence.
(2) the master of a sea-going vessel applies the necessary measures against the person on the
seagoing vessel, which did not fulfil his command. A threat to such
the safety of the sea-going vessel, person, persons or cargo, and could not be when this
the danger averted, the master of a sea-going vessels shall be entitled to
place this person a necessary period in the special compartment,
However, after the longest trip to the nearest port.
(3) the master of a sea-going vessel is required to draw up a registration
in the logbook and notify the Embassy of the United
the Republic, which is closest to the port in which the ship or marine
the yacht sailed. If it is a foreign national, the Commander
sea-going vessels shall also inform the nearest Police Office. Furthermore, it is
the master of a sea-going vessels shall be obliged to agree with the Embassy
The United States further procedure according to the nature of the case.
§ 35
Signature verification or copy of an instrument master
(1) the master of a ship shall be entitled to, if required by the urgent interest of the owner
the ship, the operator of the ship, if it is not the owner of the ship, a crew member of a ship
or other persons on the ship, carry out an official signature or validation
the conformity of the transcript or a copy with the Charter.
(2) the conditions and the means of authentication, lays down the detailed prescription.
section 36
Maritime protest
(1) if it has or may have in connection with the operation of the ship experience
damage to the ship, cargo or health of persons on board, the master of a ship reports on
This written report (hereinafter referred to as "sea protest").
(2) maritime protest must contain a complete and accurate account of all
serious circumstances in connection with which there has been or there may be
damage to the ship, cargo or health of persons on board, and measures
It was used to ward off or reduce the damages. Annex maritime
the protest is to extract and an extract from the log book from the list of crew.
(3) the master of a ship serves sea protest at the next port, to
which ship is representative of the Office of the Czech Republic, or
notary or maritime authority or Court of the State in whose port the ship
arrived.
(4) the master of a ship is obliged to submit a maritime protest within 24 hours after
the arrival of the ships at the port.
(5) if there is an event, which serves sea protest, in the port,
the master is obliged to submit a maritime protest within 24 hours of this
the event.
§ 37
cancelled
§ 38
Measures when the inevitable destruction of the sea-going vessel
(1) If according to the Commander of the naval vessels at risk maritime vessel
inevitable doom, master of a sea-going vessel must ensure that the
taken all measures to rescue the passengers, the crew and to the
the rescue of the compulsory paper documents, valuables, cash and maps
cash.
(2) the master of a sea-going vessel is obliged to leave the sea-going vessel
last.
§ 39
Precautions when committing the crime on a seagoing vessel
(1) if the master of a sea-going vessel has reason to suspect that the maritime
the vessel was shipping committed a crime, it shall
and to make such measures without delay), which would prevent the continue
criminal activity or to avoid liability,
(b)) hear the person and perform other tasks necessary to ensure
the evidence,
(c)) of any hearing, and another, carried out the Act to draw up a protocol that
along with it shall be signed by the person to whom the Act concerns.
(2) the protocols referred to in paragraph 1 (b). (c) the maritime Commander commits)
the vessel, along with items having a relationship to the crime
Representative Office of the Czech Republic, which is the closest port to the
which sea-going vessel, the shipowner. At the same time the master of a sea-going vessel
agree with the Embassy of the Czech Republic official method
the surrender of the offender.
(3) unless otherwise provided by this Act, the procedure of maritime Commander
the vessel when performing the acts referred to in paragraphs 1 and 2, and in the next
proceedings under the code of criminal procedure. ^ 14)
section 40
Measures of birth and death on a seagoing vessel, nezvěstnosti and fall
across the Board
(1) any birth or death on a seagoing vessel's Commander
sea-going vessels shall be obliged to draw up the registration for the participation of two members of the crew
the ship, in the case of the birth or death on a boat, or in the presence of two
persons present at the naval yacht and inform about this fact
Embassy of the United States, which is the closest port to the
which sea-going vessel, the shipowner, and the operator of sea-going vessels.
On the death of the Marine Board does not flow under special laws
legislation. ^ 15)
(2) if there is death on a seagoing vessel, conducts a tour of the dead
the doctor, if there is a crew member of a ship or a member of the crew of the sea yachts
or another doctor present on a seagoing vessel or a doctor, which was to
this purpose through radio or satellite maritime vessel
in opposition. The purpose of the tour is to discover the dead death and causes.
(3) the master of a sea-going vessel on the basis of an agreement with a doctor present on
the Maritime Board shall decide on the transfer of the dead to the nearest port;
in exceptional cases, when there is a danger of infection carried
people, the master of the vessel of the maritime agreement with the doctor about
burial of the dead into the sea. The master of a sea-going vessel is always obliged to
to ensure the transport of the dead to the nearest port, if it is not on the maritime
present the doctor.
(4) the master of a sea-going vessel will carry out an inventory of all assets, which
should the deceased on a seagoing vessel, and make arrangements for storage of this
the assets until the official decision on his release to a designated person
or designated authority or the surrender referred to in paragraph 5. In the ship's
the journal writes about this event.
(5) a record of the birth and registration of deaths on a seagoing vessel, together with the
the property of the deceased and wills of the deceased shall surrender the master
sea-going vessels Representative Office of the Czech Republic, which is
the closest port to which sea-going vessel, the shipowner.
(6) for each case of nezvěstnosti or falling overboard is the master of the
sea-going vessels shall be obliged to perform a detailed entry in the logbook and
report to the operator of sea-going vessels.
§ 41
The use of the pilot
(1) the master of a ship shall be entitled to hire the ship the pilot for those areas
where the use of the pilot is not mandatory, if it considers it necessary for the
the safety of navigation.
(2) the responsibilities of the master in management of the ship in the case of hiring of the pilot
remains intact with the exception of areas in which according to local regulations
the pilot takes over the responsibility for the management of the ship.
§ 42
Eligibility of members of the crew of the ship
(1) as a member of the crew of the ship can take on only the one who is disabled
eligible and is licensed for performance
and special activities, the) performance is essential for ensuring the safety of
and protection of the members of the crew of the ship or shipping on certain types of
ships and for emergency management (hereinafter referred to as the "special activity"),
and
(b)) the work associated with that of Member of the crew of the ship, if so provided by
the international treaty governing the training, qualifications and guard service
the sailors, which is part of the legal order.
(2) if the ship is equipped with a coupling device in accordance with the satellite
the international treaty, which the Czech Republic is bound, ^ 7) must have its
the master of the ship and at least two deck officers certification of the on-board
GMDSS operator issued pursuant to the international agreements to which the United
Republic. ^ 7)
(3) if it is not on the boat, the ship's doctor, you must have at least one member of the crew
the ships of the valid certificate issued by a health care professional authority in the Member
the State of the International Maritime Organization (IMO) under international treaties,
the Czech Republic is bound to. ^ 7)
(4) without prejudice to the provisions of paragraph 1, can be used as a crew member to
Cook function Board of who
and he completed his secondary education) with GCSE or re-training in
the industry related to gastronomy and hospitality, and
(b)) graduated from the practice in the field of gastronomy and hotel business in duration
at least 24 months.
(5) a member of the crew of a ship shall not perform work or activities for which it does not have
permission, to whose performance is not medically unfit or whose
performance does not meet the requirements laid down in paragraph 4.
(6) the enumeration and characterization of the specific activities lays down detailed
legal prescription.
§ 43
Permissions for a member of the crew of the ship
(1) permission for the performance of specific activities shall be granted at the request of the authority, if
the applicant
a) is the holder of a certificate of medical fitness and
(b)) meets the requirements of international conventions relating to training, qualifications
and Watchkeeping for seafarers, which is part of the legal order, on the
1. the minimum age and the
2. professional ability, which includes practice, a crew member of the ship,
graduating from teaching and training and demonstrate expertise and
skills.
(2) permission for the performance of the work associated with that crew member functions
ships shall be granted at the request of the applicant, the Office
and the permissions for the holder) is the performance of specific activities and
(b)) meets the requirements of international conventions relating to training, qualifications
and Watchkeeping for seafarers, which is part of the legal order, on the
1. the minimum age and the
2. professional ability, which includes practice, a crew member of the ship,
graduating from teaching and training and demonstrate expertise and
skills.
(3) permission for the performance of specific activities and privileges for the performance of the work
United with that of Member of the crew of the ship to the command and operational level
granted for a period of 5 years. Permission for the performance of the work associated with the member functions
the crew of the ship on the auxiliary level shall be granted for an indefinite period.
(4) if the Office accepts the application for granting the permission issues instead of written
copy of the decision certificate of competency. For each Member of the
the crew of the ship and for each specific action the authority shall issue a separate licence
eligibility, unless otherwise provided by an international agreement regulating otherwise training
qualifications and Watchkeeping of seafarers, which is part of the legal
of the order. A certificate is a public document.
(5) If a licence holder first 6 months and
no later than 90 days prior to expiry of the licence of the
its extension, the Office will extend the period of its validity for a further 5 years,
and) are met, the terms of the international conventions relating to training,
qualifications and Watchkeeping of seafarers, which is part of the legal
the order,
(b)) where the applicant holds a certificate of medical fitness.
(6) the Authority becomes aware of the facts giving rise to reasonable doubt about
the technical competence of the holder of a licence, shall order him to submit to an
the review of professional knowledge and skills in a timely fashion.
If the safety of maritime navigation, the Office shall suspend the validity of the
permission pending implementation of the review. The decision on the
suspension of privileges is the first act in the proceedings and appeals
This decision does not have suspensory effect.
(7) the authority granted permission to be withdrawn if the
and the holder of the infringed) its obligation by law or
the international agreement that is part of the rule of law, and that violation
should or could result in serious consequences to the life and health of people,
the environment or to the safety of navigation,
(b)) the holder no longer meets the condition of professional competence,
c) oblige the holder of a certificate of professional examination
the knowledge and skills referred to in paragraph 6 within the deadline, or
(d) the certificate of medical fitness) has lapsed.
(8) a licence ceases to be valid
and, on the expiration of the period) that permission has been granted, or
(b) the acquisition of legal power) the day the decision to revoke the permission.
(9) the licence holder is obliged to surrender his licence
the competence of the Office within 5 working days from the date of its expiry
or the date on which the decision to suspend its validity has
power.
(10) specimens of the certificates of competency shall adopt detailed legislation.
§ 44
Proof of professional knowledge and skills
(1) the professional knowledge and skills, which provides international
the contract governing the training, qualifications and Watchkeeping for seafarers,
that is part of the rule of law, and knowledge of the laws of the United
States in the area of maritime operations to demonstrate composition tests before
By the authority. About the test result, the authority shall issue the certificate.
(2) the test is non-public and consists in Czech or English language.
The written part of the test shall be carried out to verify knowledge of the English language
required for performance of the functions of the operational and command levels. Practical
part of the test shall be carried out to verify the professional knowledge and skills
required for performance of the functions in the auxiliary level. Verify other
knowledge is done by word of mouth. On the progress of the test and its result shall supervise the
at least three test evaluates the Commission, appointed by the authority that
also determine its Chairman.
(3) on the progress and outcome of the exam supervisor shall draw up to 7
days from the date of the test protocol. President of the examination Commission
immediately after the copy of the course and examination results in writing
communicate to the tested the test result. If the test failed in the exam, you may
repeat it after 2 months of failed execution.
If the test failed in tests
and from only one area) knowledge and skills, can it not later than
18 months of unsuccessful execution of the loop only for this
the subject,
(b)) from more areas of knowledge and skills, must repeat it in full
the range.
(4) the procedure of the test, when folding the way it reviews and content
the Protocol on the progress and outcome of the tests laid down detailed legal
prescription.
§ 45
The provision of teaching and training
(1) instruction and training required for the granting of permission under section 43 can
provide
and) a legal person, the Office has granted accreditation to operate this
activities, or
(b)) a legal person that has granted the accreditation or similar authorization to
the provision of teaching and training of the competent authority of another Member State
Of the European Union.
(2) the authority shall be granted at the request of accreditation if the applicant demonstrates that
and) has created a plan to provide teaching and training, which shall define the
the Organization, scope and implementation of the teaching and training, method of evaluation
and evidence of teaching and training,
(b)) teaching and training will be carried out by persons qualified in accordance with
the international treaty governing the training, qualifications and guard service
the sailors, which is part of the rule of law,
(c)) has available facilities and equipment needed to carry out the teaching and
training according to the international agreements on training, qualifications and guard
the sailors, which is part of the rule of law, and
(d)) has an internal quality management system for teaching and training
ensure the proper provision of instruction and training, including early detection
shortcomings and their axle; This requirement shall be considered to have been met,
If a quality management system meets the requirements of harmonised the Czech
the technical standards governing quality management ^ 38).
(3) in the application for accreditation, the applicant shall indicate the type of teaching and training,
It intends to provide. The annex to the application is
and to ensure the plan of teaching) and training,
(b)) the list of persons, which will perform the teaching and training, containing their
the name, or names, first and last name, date of birth and permanent address
or like the stay and
c) documents proving the compliance with the conditions referred to in paragraph 2 (a). (b)) to
(d)).
(4) the decision of granting accreditation Authority indicating the nature of the teaching and training,
for which accreditation has granted. Accreditation is granted for a period of 5 years.
(5) the holder of an accreditation is required to
and teaching and training) to provide in accordance with granted the accreditation and
created a plan of teaching and training,
(b) any changes to the plan) to notify teaching and training, and the list of people
carrying out the teaching and training of the Office within 5 working days from the date on which the
the change occurred.
(6) the authority granted by the accreditation shall be withdrawn if the holder of the
and) has stopped meet the conditions for the granting of accreditation,
b) repeatedly or seriously violated the obligation laid down in this
by law or international treaty governing the training, qualifications and
Watchkeeping for seafarers, which is part of the rule of law, or
(c)) on the withdrawal of accreditation.
(7) the implementing legislation sets out the particulars of the plan of teaching and training
certificate of completion and requirements for teaching and training.
§ 46
The recognition of the equivalence of education
(1) a natural person who applies for the granting of permission under section 43, the Office may
apply for recognition of the equivalence of education teaching and training
training, if it is a
Bachelor's, master's) or doctoral degree program in the field of
technical sciences and technologies, or
(b)), higher professional education or secondary education with a GCSE in
technical fields.
(2) the equivalence, if completed education corresponding to the
requirements for teaching and training under the international treaty governing the
training, qualifications and Watchkeeping for seafarers, which is part of the
the rule of law.
§ 47
The recognition of certificates of competency
(1) at the request of the holder of a valid licence, issued by another
Member State of the European Union or a State representing the European economic
space, the authority shall recognise the card. In the case of the holder of a valid
licence, giving entitlement to exercise the function of the command
level, the authority shall recognise the licence, if the applicant can demonstrate knowledge of
the laws of the United States in the area of maritime operations, including related
provisions of the criminal, civil and commercial law, and knowledge
the English language, the best proof attesting to knowledge of the legal
the laws of the United States in the area of maritime operations and knowledge of English
language, or by examination carried out at the Office or the person in charge of the Office.
The contents of the tests and other evidence certifying the knowledge of legislation
The United States in the field of maritime navigation or the English language provides for
the implementing legislation.
(2) a valid certificate of qualification issued by a Member State of the international
Maritime Organization (IMO) under the international agreement, which is part of the
the legal order of the Czech Republic, unless it is about the State referred to in paragraph
1 may, at the request of the holder of the Office. In the case of the holder of a valid
licence, giving entitlement to exercise the function of the command
level, the authority shall recognise the licence, if the applicant can prove that he has the knowledge
the legislation of the Czech Republic in the area of maritime operations, including
related provisions of the criminal, civil and commercial law, and
English language skills, a proven document certifying knowledge of
the legislation of the Czech Republic in the field of maritime navigation and knowledge of
the English language, or by examination carried out at the Office or with the person by the Office
responsible for. The contents of the tests and other evidence certifying the knowledge of the legal
the laws of the United States in the field of maritime or English
the language provides for detailed legislation.
(3) a valid certificate of qualification, issued by the State referred to in paragraph 2,
the holder is entitled to exercise the function of the command or operational
level or radio operators, functions, the Office shall recognize only if that State
has been recognized by the Commission. The conditions referred to in paragraph 2 are not affected.
(4) in the case of recognition of a licence, the authority shall issue a certificate of recognition
of a licence. The period of validity of the recognition of the card
of eligibility coincides with the period of validity of this licence, however, makes
a maximum of 5 years.
(5) pending the issue of the certificate of recognition of a licence, the authority shall issue
an applicant for recognition of a licence referred to in paragraph 1 or 2 on the
the request of the interim document of recognition of eligibility, if
and the applicant shall substantiate the written consent), operator of the ship, whose crew is
the applicant is a member of, with the issuance of the interim document,
(b)) with respect to the contents of a licence application for recognition and its
attachments can reasonably assume that a licence will be recognized.
The authority shall issue an interim document of recognition of eligibility within 10 days of the
application for the issuance of the interim document on the recognition of qualifications.
(6) an interim document of recognition of eligibility expires on
issue of the certificate of recognition of a licence, no later than
the expiry of 3 months from its issuance.
(7) the authority shall withdraw the recognition of a certificate confirmation, if his
the holder of the
and in the performance of functions) endangered the health or life of a member of the crew of the ship or
passengers,
(b)) in the performance of functions of endangered the safety of maritime navigation,
(c)) in the performance of the function repeatedly, or gross breach of the obligation
established by this Act, directly applicable provisions of the European
community or international treaty, which is the Czech Republic
bound,
(d) to challenge the authority does not prove) that his qualifications for the performance of
the function takes on the ship,
e) medical fitness,
f) competence to perform legal acts, or
g) has been convicted for an offense committed intentionally, if
It does not look as if he has been convicted.
(8) an application for recognition of a licence and the pattern confirmation of
the recognition of a licence, shall adopt detailed legislation.
§ 48
Medical fitness
(1) medical fitness at the request of the authority to certify, on the basis
the medical report, which on the date of submission of an application is not earlier than 3
of the month. Certificate of medical fitness shall be issued for a period of 2 years.
(2) medical fitness checks and medical certificate issued on the basis
the result of the medical examination and other examinations considered necessary
the doctor responsible for persons assessing Authority in agreement with the Ministry of
health under international treaties governing training, qualifications
and Watchkeeping for seafarers, which is part of the legal order. The Office of the
shall publish the list of the authorised doctors in the journal of the transport.
(3) if the examining physician for the holder of a certificate of health
eligibility at the time of the validity of a change in health status,
that results in a change in the medical fitness shall be obliged to
to issue a new medical report and send it without delay to the Office.
(4) if the person concerned does not agree with the conclusion of the medical report, the
within 10 working days of its demonstrable surrender to submit a proposal on its
the review of the Office. The authority shall determine within 10 working days from receipt of the application for
Review Commission consisting of at least three doctors appointed by the
paragraph 2, which will assess the medical fitness of the person to be assessed.
If you are the legal effects of a new medical opinion, is no longer valid
the previous medical certificate. Against the opinion issued this Commission cannot be
to submit a proposal for its revision. When the certification of medical fitness
The Office is based on this new medical opinion.
(5) if the period of validity of the certificate of medical fitness in
during the voyage, the certificate shall remain in force until the landing
its holder in a place where it is possible to carry out an assessment of health
competence, but no longer than for 3 months.
(6) where the Office becomes aware of the facts giving rise to the reasonable grounds for
doubts about the medical certificate, the holder of the certificate of
medical fitness to undergo new health assessment
competence within the deadline, and if the maritime safety
Cruises, suspend the validity of the certificate pending the implementation of the new assessment
medical fitness. The decision to suspend the validity of the certificate of
medical fitness is the first act in the proceedings and the appeal against the
This decision does not have suspensory effect.
(7) the certificate of medical fitness shall expire if the
and) the period for which the certificate was issued,
(b) the deadline laid down in vain) for making an application for review of the
the medical report containing the conclusion, that the holder of the certificate is not
medically qualified,
(c) the new legal effects occur), the medical report issued by the Commission
in accordance with paragraph 4 with the conclusion that the holder of the certificate is not
medically qualified, or
(d)), the holder of the certificate to the new health assessment oblige
of eligibility referred to in paragraph 6 within the deadline.
(8) the holder of a certificate of medical fitness shall be obliged to certificate
commit to the Office within 5 working days from the date of its expiry or
the date on which the decision to suspend its validity has
power.
(9) the implementing legislation sets out conditions for fitness,
the scope, content and way of performing medical examinations, illness, defect or
conditions that exclude or makes the medical fitness, the way
reviews medical fitness requirements, medical opinion and pattern
certificate of medical fitness.
§ 49
Licence of Commander of the yacht
(1) the naval yacht may result in operating the sea crossing is the only person
that is at least 18 years of age and is the holder of a licence to conduct
maritime yachts.
(2) the Office shall issue a licence to conduct maritime yacht, where the
the applicant's health and competence to conduct marine yachts.
A licence shall be issued for a specified period.
(3) the competence to conduct maritime yachts in the area allowed
maritime operations the applicant accompanied by prescribed practice and composition
tests before the Commission, composed of Commissioners appointed by the authority.
(4) medical fitness, Commander of the yacht and the certificate
a medical certificate issued on the basis of the result of the medical examination
and other necessary examination assessed the persons assessing physician
authorised by the Authority pursuant to § 48 para. 2. the certificate of medical fitness
It must not be at the time of submission of application for issue of a licence or, in the
time before the departure of the Naval Sea yacht older than three months.
(5) the details of the training, the way of demonstrating the practice test to the Commission and
testing, requirements for the knowledge of the applicant, types, patterns,
the validity, scope of authority certificates, and the conditions for their
the issue, as well as the validity of previously issued certificates
down detailed prescription.
§ 50
Retention of the licence
(1) the authority shall withhold a licence and order validation specialist
competence or medical fitness examination of Commander
yachts in the case that the master in the performance of the activity to which it entitles the
licence, endangered the safety of maritime navigation or shows
deficiencies which may endanger the safety of maritime navigation or its
health.
(2) according to the results of the verification of professional competence or review
health assessment of the health status of the Office may work,
to which the Commander of the naval yacht entitled, restrict or prohibit.
(3) in the case of the ban on the activities of the Office of the licence be withdrawn.
(4) the details of the reasons for the detention or withdrawal of a licence
down detailed prescription.
§ 50a
Issue of the Charter, which may be due to their appearance and content
confused with the licence, is prohibited.
§ 51
The book of shipment
(1) any person who is involved in maritime operations on the ship, must be
written in the book of shipment.
(2) the minutes of the crew of the ship to the book shipment to certify boarding services
on the boat ("the shipment") and a listing of the crew boats from the book
the end of services on embarkation certifies ship (hereinafter referred to as "the landing").
(3) the registration of passengers boarding in the book attests the beginning of their stay
on the ship, and passengers from the listing of the book shipment to certify their
stay on the ship.
(4) the entries in the books of shipment the master executes immediately after
embarkation. When the boarding crew member of the ship or landing shall make
the master of the ship on these facts to write to a member of the seaman's book
the crew of the ship.
§ 52
(1) any person who is involved in maritime operations at the naval yacht,
must be recorded in the logbook.
(2) the registration of persons in the logbook does the Commander of the naval yacht before
sailing yacht from the port of shipping. The master of a seagoing yacht before
sailing yacht from the port's maritime shall draw up a list of people on the sea
yacht and the passenger list, if maritime yacht transports passengers.
§ 53
Member of the crew of the ship is obliged to prove the applicable certificates
and a certificate of medical fitness before embarkation. ID cards
eligibility and the certificate of medical fitness shall be valid for a
the whole of the expected duration of service on a ship.
Seaman's book
§ 54
(1) each Member of the crew of the ship shall have a personal document seaman. ^ 17)
Personal document seaman means a seaman's book. Without the seafaring
books cannot be a sailor are taken on board.
(2) at the request of a citizen of the United States, which shall submit a proof that
becomes a member of the crew of the ship or that he was a crew member of the ship, the authority
shall decide on the release of Seaman's book. The decision establishing the
Seaman's book, does not apply to § 47 of the administrative code, ^ 18) if the
the application in its entirety.
(3) the authority may issue a nautical book citizen of the Czech Republic for a maximum
for a period of ten years.
(4) the Member of the crew of a ship that is not a citizen of the United States, you must have
Navy book of another State.
(5) the seaman's book, which is held by a crew member on the ship
the proof of his identity, qualification and the length of its shipment.
(6) information entered in the seaman's book and pattern of Seaman's book
down detailed prescription.
section 55
(1) the authority may, at the request of the natural person who is not a citizen of the United
of the Republic, to decide on the release of Seaman's book pursuant to § 54 para. 2
of this Act, if an applicant shall submit to the Office of the permanent residence permit
in the Czech Republic, ^ 10) from whose release has expired longer than five years,
and if the applicant proves that the service took place on the ship.
(2) the authority may issue a marine book to a natural person who is not a
a citizen of the United States, after the conditions in paragraph 1 for a maximum
for a period of five years.
Investigation of marine casualties and incidents
section 55a
(1) the Maritime accident for the purposes of this Act, the event to which the
occurred during shipping and the resulting
and) death, serious injury, or the absence of the person related with the operation of
the ship,
(b) the loss or abandonment of the ship),
c) structural damage a ship or its equipment,
(d)) with another ship crash seagoing vessel or other fixed object
e) pollution of the marine environment,
f) fire on the ship, or
g) running aground or ashore.
(2) a serious maritime accident means an accident resulting in
is
and) structural damage a ship or its equipment, which has resulted in a
technical incompetence of the ship to sail,
b) pollution of the marine environment, or
(c)) damage to a ship or offshore maritime assistance, requiring a rescue
the service.
(3) the Very serious maritime accident means an accident which
the result is a complete destruction of the ship, death or serious pollution
of the marine environment.
(4) the emergency means the danger to the ship or persons in the context of the
with the operation of the ship.
section 55b
(1) the authority carries out expert investigation of a marine casualty or
incidents relating to ships flying the flag of the United
States, or that results in death or serious injury
citizens of the Czech Republic.
(2) the Office always performs identification of the causes very serious maritime accidents. In
other cases of marine casualties or incidents performs
The Office shall determine their causes only if there is a conclusion that the results of the
This finding may be used for prevention. In the event of a serious
maritime accidents, the Office will carry out a preliminary investigation for this purpose.
(3) the Office shall begin investigating maritime accidents or extraordinary
events without undue delay, but not later than 2 months after the
marine casualty or incident.
(4) the investigation of marine casualties and incidents, his
the conclusions and the safety recommendations should not be addressed by evaluation or
assessing the guilt or liability.
(5) the Office shall not refund of causes of maritime accidents or extraordinary
the event, if it is in accordance with the law of the European Union or in accordance with the
maritime Convention already carried out by the competent authority of another State.
section 55 c
(1) the master of a vessel flying the flag of the Czech Republic is
shall be obliged to
and to ensure that all information) of nautical charts, logbooks,
electronic and magnetic and video recordings including information
of voyage data recorders and other electronic devices, which
relate to the period before, during and after a marine casualty or emergency
events, and provide any other evidence and information relevant to the
determine its causes,
(b)) to prevent overwriting or other interference in the records referred to in (a)
and)
c) cooperate with the Office and the competent authorities of the coastal State with the aim of
mitigate the consequences of the marine casualty or incident, in particular,
the provision of information concerning the dangerous goods or
pollutants.
(2) the obligation referred to in paragraph 1 (b). (c)) shall also apply to the owner of the
dangerous goods or polluting substances, who at the time of the marine casualty
or incident on board the ship.
§ 55d
(1) an employee of the authority responsible for the discovery of the causes of maritime accidents or
the emergency is entitled to
and the ship) to enter and access to its facilities, wreck or
the ruins,
(b)) to carry out or ask for analysis or examination of the individual evidence
(c)) use information obtained from nautical charts, logbooks,
electronic and magnetic and video recordings including information
of voyage data recorders and other electronic devices and
all other available evidence relevant to the identification of the causes of maritime
accident or incident,
(d) use the data from the results) inspection bodies of victims or of tests made
on samples taken from the bodies of victims,
(e) use the data from the results) examination of the persons on board, including the results
tests carried out on samples collected, these persons
(f) the use of witnesses) a marine casualty or emergency
events,
g) require explanations from witnesses of maritime accidents or extraordinary
the event.
(2) the technical procedures for the investigation of marine casualties and
incidents, lays down common methodology for investigating maritime
accidents, adopted pursuant to the regulation directly applicable European Union ^ 37).
§ 55e
Information obtained in connection with the discovery of the causes of maritime accidents
or incident can be used only for the purposes of the processing of messages by
§ 55 g.
§ 55f
The Office works in the professional investigation of marine casualties and
incidents with the competent authorities of the Member States of the European Union
and with the competent authorities of other States under international treaties.
§ 55 g
(1) the authority shall prepare and publish a report on the results of the identification of the causes
marine casualty or incident within 1 year from the date of the marine casualty
or incident. The report contains safety recommendations, if
can the results of the identification of the causes of the marine casualty or incident
use for prevention.
(2) If, within the time limit laid down in paragraph 1 to issue a report on the findings of the
the causes of the marine casualty or incident, the authority shall issue within this period
interim report.
(3) the authority shall send a copy of the report or an interim report on the identification of the causes
marine casualty or incident to the Commission.
(4) the report and interim report contains
and the particulars of the ship and),
b) details of the factual circumstances of the marine casualty or emergency
events,
c) details of the measures taken,
d) information about the events related to maritime accidents or extraordinary
events
e) conclusions and taken with the evidence.
(5) the scope of the data referred to in paragraph 4 lays down detailed legal
prescription.
§ 55 h
(1) the authority shall notify the Commission of data on marine casualties and incidents
the events, which they have been notified.
(2) if the Office does not make a finding of the causes of serious maritime accidents, maritime
accident or incident, they justify their action in notifications
made in accordance with paragraph 1.
(3) where the Office finds, in the context of maritime accident causes
or an extraordinary event that is necessary in order to avert the risk of
other accidents take measures at European Union level, without delay, to
It shall inform the Commission thereof.
(4) the notice referred to in paragraph 1 shall include the
and) the designation of State responsible for the implementation of the investigation, the head of the State
identification of the causes of the marine casualty or incident, the relevant
the coastal State and the State with a significant interest in, the
(b) the particulars of the notice) the marine casualty or incident,
c) particulars of the ship and navigation,
d) data on maritime casualty or incident and their consequences,
e) description of the reason for non-detection of the causes of maritime accidents or
extraordinary events.
(5) the scope of the data referred to in paragraph 4 lays down detailed legal
prescription.
PART FOUR
cancelled
§ 56
cancelled
§ 57
cancelled
§ 58
cancelled
PART FIVE
SERVICE ON A SHIP AND THE SHIP'S CREW MEMBERS, LABOR RELATIONS
§ 59
Service on board
(1) Service on the ship, a crew member of the ship is held continuously from the time of
shipment to the moment of landing, unless service performance on the boat.
(2) the length of uninterrupted service to the ship shall not exceed 12 months.
(3) service on the ship at the time when the crew of the ship does not work with
the exception of walks on land shall be deemed for the purposes of compensation for
activity in direct connection with the performance of work.
(4) exploring the Mainland means the period from the moment of entry of a member of the ship's
the crew on the ground to the moment of leaving the ground. For liberty is
does not consider leaving the ship for the purpose of performance of official duties or
treatment by a provider of health care services.
section 60
Guard duty
The guard service is the fulfilment of the obligations on time, which selected
Member of the crew of the ship ensures the safe operation of ships and protection of the marine
environment. Guards shall be provided as a service and service onboard
machine. Onboard guards shall be carried out on the bridge of the ship, on the main
deck boats and ships in the radio station. Machine guards shall be exercised
in the engine room.
§ 61
The duties of the crew member of the ship
(1) a member of the crew of the ship for service on a ship shall be obliged to
and) perform the commands of the master and the senior managers of the crew
ships and preserve the respect of the master and the senior parent members
the crew of the ships respect and courtesy,
(b)) in relation to other members of the crew of the ship and transported persons
abide by the rules of decency and civic coexistence,
(c) to maintain the maritime Customs and) principles of good maritime practice,
(d)) to provide assistance in the rescue of people, ships, cargo, or other
assets,
e) to submit to an examination in order to determine whether it is under the influence of
of alcohol or other narcotic drugs and psychotropic substances, if this
the examination ordered by the master, even at a time when the ship's crew
does not work, if it is necessary to establish whether or not under the
the influence of these substances at the commencement of employment or when you watch;
Similarly is obliged to undergo this examination, if there have been on the ship to
accident at work, or if you suspect that a member of the crew of a ship to exercise
working under the influence of alcohol or other narcotic drugs and psychotropic substances.
(2) during service on the ship, a crew member of the ship shall keep on board
any narcotic or psychotropic substances, firearms, ammunition or
explosives and protected animals or in such activities help
another. Possession of its own domestic animals of crew members on ships
the ship master approved.
§ 62
The employment of members of the ship's crew
(1) Service on the ship can only carry a crew member on the basis of
employment contracts concluded with the operator of the ship. The employment contract must
In addition to the requirements laid down in the labour code contain
and) the name or names, and surname of the Member of the crew, the date and place of its
birth,
b) data on the operator, which are
1. business name or the name or names, first and last name, or
the distinctive addition, registered address and identification number of the person if
has been allocated, in the case of a natural person-entrepreneur, and
2. the trade name or the name, address and identification number of the person
If you have been allocated, in the case of a legal person,
(c)) the identity of the ship on which service is to be performed,
(d) the amount of the wages or) the method of determining,
e) assessment of the holiday in the calendar year or the method of determining
f) agreements on repatriation,
g) indication of the collective agreements that govern the working conditions
a crew member, and the indication of the parties of the collective agreements,
h) information about modifying the termination and termination of employment, payments
premiums on health insurance premiums and social
Security and contribution to the State employment policy, and
I) date and place of the employment contract.
(2) the operator is required to ensure that a member of the crew of the ship
the person, who was not on the day of shipment has not reached the age of 18.
(3) in the employment contract cannot be to arrange a trial period.
(4) the Member of the crew of a ship cannot perform the work at the same time-dependent in the next
the basic employment relationship.
(5) a member of the crew of the ship can be transferred to another job in the case
If the master is threatened the safety of persons or ships
cargo.
§ 63
General provisions on working time and rest time
For the purposes of working time and rest periods for crew member of a ship means the
and working time) time in which a crew member is required to perform the job
for the operator of the ship,
(b)) the rest period which is not working time,
(c)) part of the relief of the weekly working hours without overtime, which is a member of the
the crew of a ship shall, on the basis of a predetermined schedule of work
time periods
(d) the work-readiness) time in which a crew member of a ship ready to
any work pursuant to a contract of employment, which must be in the
the case of urgent needs carried out beyond his shifts,
e) overtime work done a member of ship's personnel at the command
operator of the ship or with his consent outside the framework of shifts and above
weekly and daily hours of work specified in § 63 para. 1; about the work
overtime is not, if the napracovává member of the crew of the ship the work beyond the
their shifts the time off that he has provided, the operator of a ship
at his request.
section 63a
Weekly working time and its layout
(1) the length of weekly working time member ship is 40 hours and the length of the
the daily working time is 8 hours. Shorter working hours with a crew member
ships cannot negotiate.
(2) the weekly working time schedules determined by the operator of the ship crew member
ships and specifies the start and end of shifts. When you take into account the layout
ensuring safe maritime navigation and ensure safe and health
non-threatening work.
(3) a crew member shall be prepared at the beginning of a shift in its
workplace to work and leave it until the end of the shift.
(4) the operator shall establish a written schedule of working time and the familiar
with him or his change of crew member of the ship no later than 3 days before the
beginning of the period covered by the working time laid out, whose length must
be at least one week.
(5) the operator shall ensure that the schedule of the working time of all members
the crew of the ship and its changes posted in an accessible place on board the ship
as well as information on the minimum length of uninterrupted rest between
shifts in the week and a crew member, the ship laid down by law or
the collective agreement applicable to the operator of the ship, and it
not later than 3 days before the period for which the working hours are laid out.
If there are shifts and the minimum length of continuous
the rest period between shifts and of the week written in the English language, shall be
accompanied by a translation into that language.
section 63b
Breaks in work
(1) the operator of a ship shall provide to the Member of the crew of the ship for a maximum of 6 hours
continuous work on break at work for meals and rest for at least
30 minutes. If the performance of the work cannot be interrupted, crew member of the ship shall be
even without the interruption of work a reasonable period to rest and food; This period shall
to be counted as working time.
(2) breaks for meals and rest are not made at the beginning and
end of the shift. A break in the work for meals and rest can be divided into multiple
parts; at least one part of a split breaks shall not be less than 15
minutes.
(3) provided for meals and rest breaks are not counted in the
working time.
section 63 c
Rest period
(1) the operator of a ship lays out the working hours so that the Member of the crew of the ship
He had between the end of one shift and the start of the inning the following continuous
rest for at least 10 hours in 24 consecutive hours.
(2) rest periods between two shifts can be divided into two parts,
which one shall be not less than 6 hours.
(3) the operator lays out the working hours so that the Member of the crew of the ship
had uninterrupted rest per week during each period of 7 calendar
days in duration at least 27 hours and to have a continuous rest in
holiday. In the case of works which are inevitable in order to ensure
the safe and smooth operation of the ship, the ship's operator
stagger working hours so that the sum of the lengths of the individual
continuous rest periods between shifts a crew member of a ship provided by the
referred to in paragraphs 1 and 2 in each period amounted to a total of 7 calendar days
at least 77 hours.
(4) the uninterrupted rest between shifts and a week can be a member of the crew
truncated below the range ships referred to in paragraphs 1 and 3, only, if it is a work
overtime, for the performance of urgent repair work, work in preventing
danger to life and health of persons on board, or preventing the risk of
the damage to the cargo on the ship, works for natural events or in other
similar emergency situations or training activities in these
situations, on the condition that he provide outstanding operator
a period of uninterrupted rest between shifts, and in the week immediately after the
ensure safe operation of the ship.
(5) if the operator of a ship orders the implementation of training activities in the
averting danger to the life and health of persons on board or the inhibition of
the risk of damage to the cargo on the ship, activities for natural events
or other similar emergency situations, to ensure that it is as
the least disturbed by the uninterrupted rest between shifts, and continuous
rest of the week.
§ 63d
Overtime and on-call
(1) to work overtime may operator of the ship crew member of a ship required only
exceptionally, for serious reasons related to ensuring the immediate
the safety of the ship, persons on board or cargo, or with
by providing help to other maritime vessel or to persons in need, and it
(I) for a period of uninterrupted rest between shifts or continuous
the rest of the week.
(2) stand-by duty may operator of the ship crew member of a ship
required only for serious operational reasons. For a period of on-call time
belongs to the crew member reward under the labour code.
(3) for the performance of the work in the time of availability, it is for a member of the crew
ships pay; the remuneration referred to in paragraph 2 during this period. Working
emergency room in which to work will not occur in the working time
does not count.
section 63e
Record of working time
(1) the operator of the ship leads to individual members of the crew of the ship register with
an indication of the beginning and end of the working shift work, overtime, work
availability and hours worked in the time of availability.
(2) the operator shall ensure that the Member of the crew of the ship received a copy of the
employment for each month of service on a ship. At the request of a Member
the crew of the ship at any time the operator will allow him to look into his
record of working time and to make extracts or copies of it on
the cost of the operator of the ship.
(3) the model record of working time a crew member of the ship lays down detailed
legal prescription.
§ 63f
Holiday per calendar year
Each Member of the crew of a ship shall be entitled to annual leave year of
at least 2.5 calendar days per month of employment and its proportionate part
for incomplete month. Holidays for the calendar year is the operator
obliged to provide the crew member of the ship so that it could draw on the
the Mainland.
§ 64
Severance pay
If the employment relationship in the context of the shipwrecks, the loss of the ship
or for her inability to sail, crew members of the ship belongs next to the
severance pay under the labour code for additional compensation equal to twice the
average monthly earnings.
§ 65
Repatriation of crew members of the ship
(1) a member of the crew of a ship has the right to repatriation in the following circumstances:
and) in the context of the right to fly the national flag of ships United
Republic,
(b)) in the case of shipwreck of the ship,
(c)) after the termination of employment,
(d) for the performance of work) if the ship has ceased to be in good health,
(e)) where the operator is unable to meet its financial
commitments to members of the crew of the ship.
(2) the master of a ship may order the repatriation of the crew member of the ship in the case of
serious breach of the obligations arising from legislation
relating to the work performed by a crew member, or a member of the
the crew of a ship suspected of having committed a criminal offence.
(3) the cost of repatriation shall be borne by the operator with the exception of the repatriation
pursuant to paragraph 2, when the costs of the repatriation of the crew member of the ship,
If it is proven the well-foundedness of his repatriation regulation. The cost of the
the repatriation, in particular transport costs are a crew member and its
personal baggage and the cost of food and accommodation for a period of
repatriation. The transport crew member shall ensure that the operator of a ship by air.
Another way for the transport operator to choose, if the transport time
is not unduly long, or if it is a member of the crew agrees.
(4) the Member of the crew of the ship may arrange with the operator on
the extension of the employment relationship.
(5) for the purposes of provision of travel expenses and health care services for
the time for repatriation from the landing to the arrival to the place of the registered office
operator of the ship or to another agreed place outside the period during which
the ship's crew repatriation without good reason.
(6) If the operator fails to comply with its obligation of repatriation of a Member
the crew, arrange for repatriation of the authority and after repatriation
saves the operator the obligation to reimburse the costs that it incurred.
§ 66
Social conditions and allowances paid to members of the crew of a ship for a period of
services on board
(1) the operator is obliged to provide the members of the crew of a ship for a period of
services on the ship free of charge accommodation, dining, drinking, and drinking
water, protective equipment, basic personal hygiene items,
the reimbursement of emergency health care, cannot be provided to the ship's
doctor or health care professional under section 67, and other social facilities in the
accordance with the international treaty, which the Czech Republic is bound. "^ 20)
(2) a ship shall be fitted with suitable accommodation, operating,
Office and catering premises, facilities and equipment for the
storage and refrigeration of food and for the preparation of food and beverage, chemical
with facilities for relaxation and leisure, hygiene and sanitary
devices, or special facilities for the sick. These spaces
the ship must be in sufficient number and size, suitably equipped with
regard to its purpose and must be adequately ventilated, heated, illuminated
and isolated and must be kept clean. Social facilities and provided by the
services on the ship must be accessible to all members of the crew of the ship, including those
which are intended solely for passengers. The implementing legislation provides for
the requirements on the location of the area under the first sentence, their number, dimensions,
the materials and equipment.
(3) the ship shall be supplied with drinking water and food in quantities
the corresponding number of crew members of the ship, the length and the nature of maritime and
at a sufficient nutritional value and diversity; foods must in particular
to ensure a balanced ratio of carbohydrates, proteins, fats, fiber,
minerals and vitamins. Drinking water and food must be stored so
that throughout the voyage was kept their wholesomeness
and nutritional value. When the food supply operator
take into account the religious and cultural practices of the members of the crew of the ship.
(4) the master of a ship or the authorized officer is obliged to regularly
to check compliance with the conditions referred to in paragraphs 1 to 3 and receive
corrective measures to remedy any identified deficiencies. On the progress and
the result of the inspection and of the measures taken must be accompanied by the registration.
(5) the operator of a ship and the master of a ship are obliged to secure to the members
the crew of the ship free of charge the normal postal service, to allow them and their
family members for costs incurred in justified
cases of the use of means of communication, and unless serious
operational reasons, to enable members of the crew of the ship encounter with their family
Members in the ports, or visit family members on the
the deck of the ship.
(6) the operator of a ship shall, at the written request of a crew member when
payment of wages at their own expense and risk of the amount specified by a member of the crew
the latest in the regular payday payroll
and pay on the payment account) specified by a member of the crew; a crew member may
specify up to 2 credit accounts, unless it is with the operator of a ship
otherwise, or
(b)) to send to the person designated a member of the crew.
§ 67
Health services provided by the members of the crew of the ship
(1) the operator of a ship is required to ensure
and to match the conditions of the ship) the provision of health services and
hygiene requirements in accordance with the international treaty, which is
Czech Republic tied, ^ 21)
(b) the equipment of the ship) medical material, equipment, medicines and resources
medical technology in the ship's medicine cabinet, which lays down the detailed
prescription, and their regular replenishment,
(c) the members of the crew of the ship) a doctor's visit in ports that ship shall be driven,
for the purpose of necessary treatment.
(2) if the doctor on the ship, the operator is also required to ensure that ships
that one member of the crew of the ship was the holder of certificate of eligibility
a health care professional to provide advanced first aid beyond the General
the obligations of citizens ^ 22) (hereinafter referred to as "health care professional licence"), and
This extended first aid on the ship for the voyage. For
the purpose of the provision of the necessary advanced first aid is the operator
the licence holder is obliged to provide the health care professional for a period of
voyage medical advice by radio or satellite in
any hour. The licence holder is a health care professional
authorised to issue medicines and medical equipment from the ship's resources
first aid kits, which lays down the detailed prescription, only on the basis of
konzultujícího decision of a doctor.
(3) the ship's doctor or health care professional is the licence holder
required to keep records of the treated people for cruises. The doctor lists and
health issues a report on the State of health of the person being treated. The holder of the
a health care professional shall record the certificate about the State of health
the treated person.
(4) of the implementing regulation provides a way of maintaining the drugs and devices
medical technology in the ship's medicine cabinet, medicine and management
the means of medical technology and its control system, the content of the course
Advanced first aid, the contents of the evidence treated people for cruises.
§ 67a
The obligations of the operator of the ship and the master of the ship in compliance with the
safety and health at work
(1) the operator shall ensure that the ship, including its
facilities and equipment, is maintained in a State that guarantees safety
and health at work and will facilitate the management of emergency situations.
(2) the master of a ship is required to
and to ensure and check compliance with) the principles and procedures of safety at work,
(b)), regularly, at least every 2 years, to verify knowledge of the policies and procedures
safety crew members of ships and providing training and training of members of the
the crew,
(c)) to ensure that the sea vessel was at least 5 copies of the principles and
work safety practices, and to enable members of the crew of the ship access to
These copies,
(d)) to ensure that the person was transported to the extent corresponding to its
participation in the voyage on the ship would be familiar with the principles and procedures
occupational safety before departure of the ship from the port or before
work on the ship,
(e) the list of persons eligible to lead) to the operator or vehicle control and
lifting devices.
(3) the conditions for the safe condition of the ship, its equipment and facilities of the
the protection of health at work and the content, scope and implementation
training and training of the crew and space saving copies of policies and procedures
safety at work on the ship lays down detailed legal transcription.
section 67b
Risk factors of working conditions
(1) the master of a ship shall ensure continuous assessment and evaluation
risk factors of working conditions on board ship and to take measures to
the protection of health.
(2) the assessment of risk factors must be carried out taking into account the
the nature and potential harmful effect of a risk factor, the likelihood of
the threat and the number of passengers and crew members of the ship, which may
come into contact with risk factors. Risks must be considered
separately for each place on the ship and each risk must be evaluated
individually.
§ 67c
Duties of a member of the crew of the ship in the area of occupational safety and health
When you work
(1) a member of the crew of the ship is obliged to comply with the security policies and procedures
and health at work making up the rules for the
and health protection and compliance),
(b)) reduce the risk of fire,
(c)) use of protective equipment,
(d) safe entry to the ship) and safe movement on board the ship,
(e) access to the closed) safe or other dangerous space,
(f)) safe manual lifting and handling tools and
materials,
(g) carrying out welding work) safe,
(h) implementation of the painting work) safe, safe working at heights
at the side of the ship and the boats and rafts,
even the execution of anchor and) safe lifting operations and safe towing
ships,
j) safe performance of the lifting device, with covers and in
the cargo holds of the ship,
to work in a) safe machinery spaces
l) safe operation of radio and electronic equipment,
m) safe performance of work in the kitchen and the safe handling of food,
n) safe work in the ship's laundry,
about the safe performance of work) on ships for cargo and transport unit
containers.
(2) the details of the policies and procedures to ensure the safety and protection of the
health at work in the various areas of the rules referred to in paragraph
1-lays down detailed legislation.
§ 67d
The ship's Committee on safety and health at work
On board a ship whose crew has at least 5 members, the ship's Committee must be set up
for safety and health at work. The ship's Committee works with
the master in the performance of duties in areas relating to
safety and health at work on the ship and the prevention of accidents.
§ 67e
The handling of complaints in labor matters on a boat
(1) a complaint in labor matters, Member of the crew of the ship serves a person
responsible for the handling of these complaints on board or directly to the master.
The operator is obliged to entrust one or more members of the crew
the ship, with the exception of the master the handling of complaints by the phrase first.
(2) the person responsible for the handling of complaints in labor matters
the ship or the master of the ship shall investigate the facts without undue delay
alleged in the complaint. If the Court finds a person charged, the handling of complaints
the complaint as a whole or in part well founded, shall propose to the master
the implementation of corrective measures, otherwise the complaint refuses.
If the Court finds the master complaint as wholly or partly well-founded,
ensure the implementation of the remedial measures, otherwise the complaint
rejects.
(3) on how to discharge the person responsible for the handling of complaints takes
complaints in labor matters or master a written record
with justification of the method of processing complaints and information about
the possibility to apply for a review of the way the complaint of the master
or, if the complaint on behalf of the master, operator of the ship; a copy of the record
on the method of processing complaints. person responsible for the handling of complaints in
labour matters or the master shall transmit to the Member of ship's personnel, who
the complaint filed.
§ 68
the title launched
Labor relations members of the crews of seagoing vessels is governed by this
by law, the labour code, with the exception of parts of the fourth, and the civic
code.
section 68a
Labor relations crew members of sea yachts
If they are crew members of sea yachts in the basic employment
relation to the operator of a seagoing yacht, the provisions of § 24 para. 1 (b). l)
points 2 and 3, § 24 para. 1 (b). n), § 25 para. 1 (b). t)), section 27 and
section 62 to 68 of the ratios of crew members and operators of marine yachts
by analogy.
PART SIX
COMMON ACCIDENTS AND RESCUE ASSETS
§ 69
Common crash
(1) If a ship and cargo in the common marine hazards, the Commander may
ships in preference to ensure safety of passengers
decide on efficient and intentional damage smaller, in order to avoid
the damage is greater. Common accidents means the damages incurred by the
purposeful and efficient damage rescue assets from
common marine hazards.
(2) the common accident is determined between the ship, freight and cargo fairly
According to their value to the debit of the operator of the ship and the owner of the cargo,
who are required to bear a proportion of the damages from a common disaster.
(3) if the provisions of this Act on the common accident provides otherwise,
apply to a common disaster regulations, as the case law of the
civil or commercial law provisions on compensation. Cannot be
even under these provisions shall be assessed according to business
practice.
(4) all damages sustained by ship or cargo and which are not common
accidents are accidents, special and will apply depending on the nature of things
the provisions of the civil law or commercial law provisions on compensation
damage.
section 70
(1) to ensure the rights of common accident has operator
lien on cargo that is transported by boat.
(2) the master of a ship must not issue the load, which is binding, the relative portion of the damage
from common accidents, the proportion of the damage until it is paid, or until the
It is not adequate to the operator a reasonable deposit
the amount of funding, unless the parties otherwise agree.
(3) the operator shall be obliged, at the request of other persons whose
, schedules are common accidents, to provide security for a proportion of the
damage from common accidents, which falls on the ship before departure
ships from the port where cruise has ended, at which there was a common
crash.
§ 71
Management of common crash
(1) If this is a common accident, the operator
and will announce Joint disaster and) get acquainted with her, the owner of the cargo, and more
the person concerned,
(b)) shall make the necessary arrangements to draw up a schedule of common accident (
"the dispaš"),
(c)) shall instruct the drawing-dispašéra dispaše.
(2) fixing the refunds and schedule aliquot portions of common accidents
shall be carried out in the port of registration of the ship or the port where
She ended up sailing on the common disaster, unless participants agreed
otherwise.
(3) the Dispašér dispaš shall be drawn up in writing, sign it, and shall
stamp. Notification of completion of the copy of the dispaše publish dispašér in
The commercial bulletin. ^ 23)
(4) in the absence of any of the participants in a common disaster, within three months from the date of
publication of an action for annulment against another participant dispaše
a common accident, dispaš this deadline effect
a final court ruling and is legally enforceable.
(5) if the Court cancels the dispaš, it is dispašér must draw up a new dispaš,
When you copy the new dispaše is bound by the legal opinion of the Court of dispašér.
(6) if the Court rejects the claim for annulment of the dispaše becomes dispaš
enforceable from the date judgment became legally valid.
(7) the provisions on the common the crash except for procedures for common crash
shall not apply, unless the parties have agreed on the use of common accidents
international practice concerning the common disaster.
§ 72
(1) Dispašéra appoints and dismisses the Economic Chamber of the Czech
Republic. ^ 24) a condition of appointment of the dispašéra's exam
knowledge of legislation relating to the common crash and from the knowledge
the relevant international practice.
(2) a person who has passed the exam, you will receive a report card. Dispašér used
stamp with the inscription "Dispašér of the Economic Chamber of the Czech Republic".
section 73
Asset recovery
(1) the conditions for the implementation of rescue boats and other values on the boat and the way
the settlement between the rescuer and zachraňovaným is governed by the international
practice.
(2) to carry out the rescue boats and other values on the ship shall be granted
the rescuers of the remuneration level of threat-out values,
threats to the Savior, his efforts and the success of the rescue.
(3) the Reward provides the operator which was granted the assistance.
Operator of the ship shall be entitled to the grant of the share of the compensation from the
owners of other values on the ship, who had the benefit of a successful rescue.
§ 74
Maritime lien
To ensure rewards for rescue boats and other values on the ship and
costs incurred in connection with rescue boats and
other values on the ship or to the provision of assistance to the ship, aircraft or
another property, shipping is the one who saved the ship and more
values on a boat or ship, provided assistance to the aircraft or other asset,
statutory maritime lien on the vessel, aircraft or other property,
that was saved or to which the aid is granted. This statutory
a maritime lien has priority over other liens.
PART SEVEN
STATE ADMINISTRATION AND STATE SUPERVISION IN THE FIELD OF MARITIME
§ 75
The authority is empowered to issue orders to the operators of sea-going vessels and
other persons involved in shipping to ensure safety
maritime operations.
§ 76
State supervision
(1) State supervision shall be exercised by the Office in shipping. Credentials for the performance
State supervision in shipping in the form of a licence issued by the Ministry of
transport. The particulars of the licence and its pattern lays down detailed legal
prescription.
(2) the Controlled person is required to allow the use of kontrolujícímu
telephone and radio equipment of naval vessels.
(3) a copy of the Protocol on inspection of the ship along with its translation into
English language Office shall also be served on the master of the ship. The master shall
to ensure that he was on board the ship in an accessible place and posted a copy of the
Protocol on the control of and its translation into the English language, and on-demand
will provide the crew member a copy of it.
(4) If immediately threatened the life or health of persons on the maritime
the vessel, the safety of maritime navigation, or threatening to cause serious injury to property in the
transported cargo, is the person responsible for the exercise of State supervision in the
shipping in the management in place to issue commands or prohibitions
pointing to the Elimination of threats, including the prohibition of the exercise of an activity and
retention of documents relating to it.
§ 77
Ensuring the safety of maritime navigation
The owner of the vessel, and other natural and legal persons
involved in the operation of maritime operations under this Act are
required to comply with the decision issued by the Authority to ensure the safety
maritime navigation and the resolutions and recommendations of the International Maritime Organisation
operation of ships at sea, on the equipment and the technical capacity of ships and
protection of the marine environment, issued pursuant to the international agreements by which
the Czech Republic is bound ^ 3) as adopted by the Czech Republic
represented by the Office. Resolutions and recommendations are available on the Office and the
resolutions and recommendations adopted by the Czech Republic, which are presented in
the texts published in the journal of the transport.
PART EIGHT
ADMINISTRATIVE OFFENCES
§ 78
Misdemeanors
(1) a natural person has committed the offence by
and) contrary to section 34 para. 1 on a seagoing vessel does not follow the commands
the Commander of the naval vessel
(b) the licence holder) as being in violation of § 43 para. 9 fails to
licence, expired, or whose validity has been
suspended,
(c)) as the holder of certificate of medical fitness in violation of § 48
paragraph. 8 does the certificate of medical fitness that has
the validity or the validity of which has been suspended,
(d)) in violation of § 49 paragraph 1. 1 leads the naval yacht without licence
competence, or
e) contrary to section 50a publishes documents that may be with regard to the
their appearance and content of the confused with the licence.
(2) a natural person as the owner of the vessel commits
violation by
and) contrary to § 18 para. 2 fails to immediately register Office
sheet,
b) contrary to section 7 para. 4 Registration Authority does not return the list without delay,
(c)) in violation of § 24 para. 1 (b). and sea transport) operates under the
the national flag of the United States without registration of sea-going vessels to
maritime registry or without a decision on the provisional permit
navigation,
d) contrary to section 24 para. 1 (b). (c)) does not provide all the time
the operation of seagoing ship's seaworthiness,
e) contrary to section 24 para. 1 (b). (d)) does not designate the master or
the Commander of the naval yacht eligible to give an informed management of maritime
the vessel,
f) in violation of § 24 para. 1 (b). (h)) does not ensure that all the equipment on the
a seagoing vessel has been type-approved, the approved documentation, and
their operations meet the requirements of safety and health and
of the marine environment,
g) contrary to section 24 para. 1 (b). I) does not report the cases to the Office of birth,
death, nezvěstnosti or falling overboard and serious harm to health, to
which took place on a sea vessel
h) contrary to section 24 para. 1 (b). (j) the Office has not notified the ship's participation) on
marine casualty or incident, or the participation of maritime yachts
maritime accident, in which there was damage in excess of $200 000, or,
does not provide documentation of the State at the time of the marine casualty,
I) in violation of § 24 para. 1 (b). to notify the Office of event affecting)
the technical competence of sea-going vessels to sail or otherwise
affecting the technical condition of sea-going vessels,
j) contrary to section 24 para. 1 (b). l) point 2 or 3 does not have all the time
the operation of naval vessels
1. the insurance of liability for damages incurred as a result of the death of
a crew member, his work injury or occupational disease, or
paid insurance premiums or
2. insurance cover the costs of repatriation or
paid insurance premiums,
k) in violation of § 24 para. 1 (b). m) to secure, so that when operating
maritime operations have been on a seagoing vessel licences and
certificate of medical fitness of the Commander of sea-going vessels and all
members of the crew,
l) contrary to section 24 para. 1 (b). n) does not ensure that each crew member
a description of how complaints received in labor matters
including the contact information of the persons responsible for their processing, people,
that can give advice crew member in labor
Affairs, and the Office,
m) contrary to section 24 para. 1 (b). (e)) does not ensure that the ship was occupied by
by a qualified crew in the corresponding number and composition,
n) contrary to section 24 para. 1 (b). f) ship equipment equips itself with an approved
type, including documentation and labelling, or for her to continually foster,
about) in violation of § 24 para. 1 (b). (g) interim supply does not provide ship)
water and food
p) contrary to section 24 para. 5 it's a seagoing vessel or allow its
the use of unauthorized transport of drugs, psychotropic substances, weapons,
explosives or slaves,
q) in violation of § 62 para. 2 does not ensure that a crew member of the maritime
the vessel was not a person who, on the day of shipment has not reached the age of 18,
r) contrary to section 57, paragraph 1. 5 does he was on board a seagoing
the vessel is placed in an accessible place schedule working time of crew members
or information about the minimum length of uninterrupted rest,
with the) contrary to section 63e para. 2 does not ensure that a crew member of the maritime
the vessel received a copy of the record of working time for each month of service
on a sea vessel
t) contrary to section 65 paragraph 1. 1 does not ensure the repatriation of the crew member,
u) contrary to section 66 paragraph 1. 2 operates a naval vessel which is not
adequate premises,
in the) contrary to section 66 paragraph 1. 3 does not ensure supply of sea-going vessels
drinking water or food,
w) in violation of § 67a para. 1 does not ensure that a seagoing vessel, including
its facilities and equipment are maintained in a condition that ensures
safety and health at work and the management of emergency situations,
or
x) in violation of § 67e para. 1 nepověří any crew member handling
complaints in labor matters.
(3) a natural person as operator of the ship commits an offence by
and not all the time) operation of ships contracted liability insurance
for damage from the operation of the ship or the premiums paid in accordance with § 24 para. 1
(a). l) of point 1, or does not have this type of insurance is agreed in the amount under section 24
paragraph. 2 and 3,
b) contrary to section 24 para. 4 fails to notify at the time of the war of information
the geographical location of the ship,
c) contrary to section 25 para. 1 to secure that in the operation of maritime
boat cruises have been mandatory for the documentary evidence
d) contrary to section 25 para. 4 neuschová the documentary evidence after the date
last write to them on the ship,
e) in violation of § 28 para. 4 does not ensure that the master was a
The United States or a citizen of a Member State of the European Union,
f) in violation of § 28 para. 4 does not ensure that the master of the ship he had knowledge of the
Czech language documented proof of education in the Czech language
or the provision of a test or other certifying document
g) contrary to section 55 c of paragraph 1. 1 (b). doesn't preserve all)
information from nautical charts, logbooks, electronic and
magnetic and video recordings including information from the answering machines
travel data and other electronic devices, that are related to
the period before, during and after a marine casualty or incident, or
does not provide any other evidence and information relevant to the findings of its
the causes,
h) contrary to section 55 c of paragraph 1. 1 (b). (b)) does not prevent the transcript or other
intervention in the records referred to in section 55 c of paragraph 1. 1 (b). and)
I) does not work with the authority or by the competent authorities of the coastal State with the
to mitigate the consequences of the marine casualty or incident in accordance with §
55 c of paragraph 1. 1 (b). (c)),
j) contrary to section 67 para. 1 does the ship corresponded to the conditions
health care and hygiene requirements,
k) contrary to section 67 para. 1 does not provide medical equipment of the ship
materials, equipment, medicines and means of medical technology in the ship's
first-aid kit and their replenishment, or
l) contrary to section 67 para. 2 does not ensure that one member of the crew of the ship was
the holder of a licence, a health care professional.
(4) a natural person as the owner of a sea-going vessel commits an offence
by
and) contrary to section 4 (4). 3 fails to pay a fee for the right to sail under State
the flag of the United States, or
b) contrary to section 17 para. 1 fails to notify the Office of changes concerning the data and
the documents, which are established as requirements for an application for entry in the
maritime registry, or fails to submit the documents.
(5) a natural person is the owner of the ship commits an offence like that
and) contrary to section 16 para. 4 return the registration sheet, or
b) contrary to section 25 para. 4 does not ensure transmission of paper documents to the
custody of the archives of the Office.
(6) a natural person as the owner of a seagoing yacht commits an offence
by
and) contrary to section 26 para. 2 does not ensure transmission of the registration sheet
The Office, or
b) contrary to section 26 para. 3 does not ensure the safekeeping of the logbook.
(7) the master of a sea-going vessel is guilty of a misdemeanor, by
and) contrary to section 33 para. 1 (b). and the ship and will not provide) secure
nautical ship,
b) contrary to section 33 para. 1 (b). (c)) from failure to drill training
alarms and practice emergency situations endangering the safety of the
passengers and crew,
c) contrary to section 33 para. 1 (b). (d)), from failure to properly care for entrusted
the cargo will threaten the safety of passengers or cause damage to the cargo,
d) contrary to section 33 para. 1 (b). (e)) does not ensure that the ships were
compulsory paper documents, papers of the crew and papers related
to the load,
e) contrary to section 33 para. 1 (b). (f)) does not make the necessary measures to
averting imminent harm to people, the ship and cargo,
f) contrary to section 33 para. 1 (b). (h)) does not prevent the pollution of the marine
environment, the seagoing vessel
g) contrary to section 33 para. 1 (b). I) does not provide assistance to a person, a ship or
an aircraft in distress,
h) contrary to section 33 para. 1 (b). n) does not record in the logbook and time
instead of crossing the ship to another type of fuel,
I) in violation of § 33 para. 1 (b). about) does not ensure that a system of automatic
identification of the ship was constantly in operation,
j) contrary to section 33 para. 1 (b). p) takes on a ship to transport
a dangerous thing the pollutants, or that have not been to the master
transmitted to the relevant information, or does not have this information on the boat all the time
the transport of such things or substances
k) in violation of § 38 paragraph 1(a). 1 does not ensure that all
measures to rescue the passengers, the crew and to the rescue of the statutory
paper documents, valuables, maps and the cash
l) contrary to section 39 paragraph 2. 1 fails to measures to prevent the continuation of
crime on a seagoing vessel or avoidance of responsibility,
or listen to people, not other tasks necessary to ensure
evidence, or multiple protocol
m) contrary to section 40 para. 1 write about multiple birth or death on
sea vessel or does not inform the Agency of this fact
the Office of the United States,
n) contrary to section 55 c of paragraph 1. 1 (b). doesn't preserve all)
information from nautical charts, logbooks, electronic and
magnetic and video recordings including information from the answering machines
travel data and other electronic devices, that are related to
the period before, during and after a marine casualty or incident, or
does not provide any other evidence and information relevant to the findings of its
the causes,
o) contrary to section 55 c of paragraph 1. 1 (b). (b)) does not prevent the transcript or other
intervention in the records referred to in section 55 c of paragraph 1. 1 (b). a), or
p) does not work with the authority or by the competent authorities of the coastal State with the
to mitigate the consequences of the marine casualty or incident in accordance with §
55 c of paragraph 1. 1 (b). (c)).
(8) a member of the crew of a ship has committed an offence by
and) contrary to § 42 para. 5 carries out work or activity on the ship, for
which does not have permission, to whose performance is not disabled or eligible to
whose performance does not meet the requirements laid down,
(b)), contrary to section 53 is proven valid licences prior to embarkation
eligibility and the certificate of medical fitness,
(c)) in violation of § 61 para. 1, where an examination in order to determine
that is not under the influence of alcohol or other narcotic drugs and psychotropic
substances, or
(d)) in violation of § 61 para. 2 houses on the ship or psychotropic drugs
substances, firearms, ammunition or explosives, or protected animals,
or in such activities helps another.
(9) can impose a fine for the offense
and 2 000 000 Eur) to, in the case of a misdemeanor pursuant to paragraph 1. (e)), or
paragraph 2 (a). c), (d)) or p)
(b)) to 1 000 000 Czk in the case of the offence referred to in paragraph 2 (a). e), (h)),
I), (j)), k), m), t))) or w), paragraphs 3 (b). a), b), c), (e)),
(f)), g), (h)), or i), paragraph 4 (b). and paragraph 7 (b)), or. f), (g)),
n), o) or (p)),
(c)) to 500 000 CZK in the case of the offence referred to in paragraph 2 (a). (f)), n), (q))
or x), paragraphs 3 (b). (d)), paragraph 4 (a). (b)), paragraph 5 (b). and)
paragraph 7 (b). a), b), (d)), (e)), i), (j)), k) or (l)) or paragraph 8
(a). (d)),
(d)) to 200 000 CZK in the case of an offense referred to in paragraph 1 (b). (d)),
paragraph 2 (a). and), (b)), or (g)), paragraph 3 (b). (j)), k) or (l)),
paragraph 5 (b). (b)), paragraph 6 (a). and paragraph 7 (b)). h) or m)
or (c) of paragraph 8. and)
e) to 100 000 CZK in the case of an offense referred to in paragraph 1 (b). and), (b)) or
(c)), paragraph 2. l), o), r) or s), paragraph 6 (a). (b)), paragraph
7 (b). (c) of paragraph 8 (a)), or. (b)), or (c)).
§ 79
Administrative offences of legal entities and natural persons-entrepreneurs
(1) a legal entity or individual entrepreneur is committed by the administrative
tort by
and as the holder of an accreditation) in violation of § 45 para. 5 (b). and)
does not provide instruction and training in accordance with granted accreditation or
created a plan of teaching and training,
(b)) as the holder of an accreditation in violation of § 45 para. 5 (b). (b)) does not notify
changes to the Office within the time schedule of teaching and training, or a list of people
carrying out teaching and training,
c) contrary to section 50a publishes documents that may be with regard to the
their appearance and content of the confused with the licence, or
(d)) as the owner of the dangerous or polluting substances, which is in the
the time of the marine casualty or incident on board the ship,
does not cooperate with the authority or by the competent authorities of the coastal State with the
to mitigate the consequences of the marine casualty or incident in accordance with §
55 c of paragraph 1. 2.
(2) a legal entity or individual entrepreneur as an operator
sea-going vessels committing an administrative offense, by
and) contrary to § 18 para. 2 fails to immediately register Office
sheet,
b) contrary to section 7 para. 4 Registration Authority does not return the list without delay,
(c)) in violation of § 24 para. 1 (b). and sea transport) operates under the
the national flag of the United States without registration of sea-going vessels to
maritime registry or without a decision on the provisional permit
navigation,
d) contrary to section 24 para. 1 (b). (c)) does not provide all the time
the operation of seagoing ship's seaworthiness,
e) contrary to section 24 para. 1 (b). (d)) does not designate the master or
the Commander of the naval yacht eligible to give an informed management of maritime
the vessel,
f) in violation of § 24 para. 1 (b). (h)) does not ensure that all the equipment on the
a seagoing vessel has been type-approved, the approved documentation, and
their operations meet the requirements of safety and health and
of the marine environment,
g) contrary to section 24 para. 1 (b). I) does not report the cases to the Office of birth,
death, nezvěstnosti or falling overboard and serious harm to health, to
which took place on a sea vessel
h) contrary to section 24 para. 1 (b). (j) the Office has not notified the ship's participation) on
marine casualty or incident, or the participation of maritime yachts
maritime accident, in which there was damage in excess of $200 000, or
does not provide documentation of the State at the time of the marine casualty,
I) in violation of § 24 para. 1 (b). to notify the Office of event affecting)
the technical competence of sea-going vessels to sail or otherwise
affecting the technical condition of sea-going vessels,
j) contrary to section 24 para. 1 (b). l) point 2 or 3 does not have all the time
the operation of naval vessels
1. the insurance of liability for damages incurred as a result of the death of
a crew member, his work injury or occupational disease, or
paid insurance premiums or
2. insurance cover the costs of repatriation or
paid insurance premiums,
k) in violation of § 24 para. 1 (b). m) to secure, so that when operating
maritime operations have been on a seagoing vessel licences and
certificate of medical fitness of the Commander of sea-going vessels and all
members of the crew,
l) contrary to section 24 para. 1 (b). n) does not ensure that each crew member
a description of how complaints received in labor matters
including the contact information of the persons responsible for their processing, people,
that can give advice crew member in labor
Affairs, and the Office,
m) contrary to section 24 para. 1 (b). (e)) does not ensure that the ship was occupied by
by a qualified crew in the corresponding number and composition,
n) contrary to section 24 para. 1 (b). f) ship equipment equips itself with an approved
type, including documentation and labelling, or for her to continually foster,
about) in violation of § 24 para. 1 (b). (g) interim supply does not provide ship)
water and food
p) contrary to section 24 para. 5 it's a seagoing vessel or allow its
the use of unauthorized transport of drugs, psychotropic substances, weapons,
explosives or slaves,
q) in violation of § 62 para. 2 does not ensure that a crew member of the maritime
the vessel was not a person who, on the day of shipment has not reached the age of 18,
r) contrary to section 57, paragraph 1. 5 does he was on board a seagoing
the vessel is placed in an accessible place schedule working time of crew members
or information about the minimum length of uninterrupted rest,
with the) contrary to section 63e para. 2 does not ensure that a crew member of the maritime
the vessel received a copy of the record of working time for each month of service
on a sea vessel
t) contrary to section 65 paragraph 1. 1 does not ensure the repatriation of the crew member,
u) contrary to section 66 paragraph 1. 2 operates a naval vessel which is not
adequate premises,
in the) contrary to section 66 paragraph 1. 3 does not ensure supply of sea-going vessels
drinking water or food,
w) in violation of § 67a para. 1 does not ensure that a seagoing vessel, including
its facilities and equipment are maintained in a condition that ensures
safety and health at work and the management of emergency situations,
or
x) in violation of § 67e para. 1 nepověří any crew member handling
complaints in labor matters.
(3) a legal entity or individual entrepreneur as an operator
committing an administrative offense, by
and not all the time) operation of ships contracted liability insurance
for damage from the operation of the ship or the premiums paid in accordance with § 24 para. 1
(a). l) of point 1, or does not have this type of insurance is agreed in the amount under section 24
paragraph. 2 and 3,
b) contrary to section 24 para. 4 fails to notify at the time of the war of information
the geographical location of the ship,
c) contrary to section 25 para. 1 to secure that in the operation of maritime
boat cruises have been mandatory for the documentary evidence
d) contrary to section 25 para. 4 neuschová the documentary evidence after the date
last write to them on the ship,
e) in violation of § 28 para. 4 does not ensure that the master was a
The United States or a citizen of a Member State of the European Union,
f) in violation of § 28 para. 4 does not ensure that the master of the ship he had knowledge of the
Czech language documented proof of education in the Czech language
or the provision of a test or other certifying document
g) contrary to section 55 c of paragraph 1. 1 (b). doesn't preserve all)
information from nautical charts, logbooks, electronic and
magnetic and video recordings including information from the answering machines
travel data and other electronic devices, that are related to
the period before, during and after a marine casualty or incident, or
does not provide any other evidence and information relevant to the findings of its
the causes,
h) contrary to section 55 c of paragraph 1. 1 (b). (b)) does not prevent the transcript or other
intervention in the records referred to in section 55 c of paragraph 1. 1 (b). and)
I) does not work with the authority or by the competent authorities of the coastal State with the
to mitigate the consequences of the marine casualty or incident in accordance with §
55 c of paragraph 1. 1 (b). (c)),
j) contrary to section 67 para. 1 does the ship corresponded to the conditions
health care and hygiene requirements,
k) contrary to section 67 para. 1 does not provide medical equipment of the ship
materials, equipment, medicines and means of medical technology in the ship's
first-aid kit and their replenishment, or
l) contrary to section 67 para. 2 does not ensure that one member of the crew of the ship was
the holder of a licence, a health care professional.
(4) a legal entity or individual entrepreneur, as the owner of a maritime
the vessel committing an administrative offense, by
and) contrary to section 4 (4). 3 fails to pay a fee for the right to sail under State
the flag of the United States, or
b) contrary to section 17 para. 1 fails to notify the Office of changes concerning the data and
the documents, which are established as requirements for an application for entry in the
maritime registry, or fails to submit the documents.
(5) a legal entity or individual entrepreneur, as the owner of the ship
committing an administrative offense, by
and) contrary to section 16 para. 4 return the registration sheet, or
b) contrary to section 25 para. 4 does not ensure transmission of paper documents to the
custody of the archives of the Office.
(6) a legal entity or individual entrepreneur, as the owner of maritime
yachts of the administrative offense committed by
and) contrary to section 26 para. 2 does not ensure transmission of the registration sheet
The Office, or
b) contrary to section 26 para. 3 does not ensure the safekeeping of the logbook.
(7) an administrative offense shall be fined
and 2 000 000 Eur) to, in the case of an administrative offence referred to in paragraph 1 (b). (c))
or paragraph 2 (b). c), (d)) or p)
(b)) to 1 000 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (d)),
paragraph 2 (a). (e)), h), (i)), j), k), m), t))) or w), paragraph 3
(a). a), b), c), (e)), f), (g)), h) or (i) or paragraph 4 (b)). and)
(c)) to 500 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). and)
paragraph 2 (a). (f)), n), q) or x), paragraphs 3 (b). (d)), paragraph 4
(a). (b) in paragraph 5 (b)), or. and)
(d)) to 200 000 CZK in the case of an administrative offence referred to in paragraph 2 (a). a), (b))
or (g)), paragraph 3 (b). (j)), k) or (l)), paragraph 5 (b). (b)) or
paragraph 6 (a). and)
e) to 100 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (b)),
paragraph 2 (a). l), o), r) or s) or paragraph 6 (a). (b)).
Section 79a
(1) a legal person for an administrative offence is not liable if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation is prevented.
(2) in determining the amount of the fine on a legal person shall take account of the seriousness of the
the administrative offense, in particular, the way a criminal offence and its consequences, and
circumstances in which an administrative offence has been committed.
(3) the liability of a legal person for an administrative offense shall cease, if the
the competent authority has not initiated proceedings within 2 years from the date on which it
learned, but not later than 5 years from the day when it was committed.
(4) The liability for the acts, which took place in the business
person or in direct connection with it shall be subject to the provisions of this
the law on liability of legal persons and sanctions.
(5) to the consideration of administrative offences at first instance, selection and enforcement
the fines referred to in this law is the competent authority. Income is income from fines
the State budget.
(6) the penalty is due within 30 days from the date when the decision on its imposition
came into legal force.
PART NINE
COMMON, TRANSITIONAL AND FINAL PROVISIONS
§ 80
In matters governed by this law, it shall proceed according to the General
law on administrative proceedings, unless this Act provides otherwise.
§ 80a
(1) the Ministry of the Interior or the police of the Czech Republic provides the Office
for the execution of the authority under this Act,
and from the base) a reference population register,
(b)) the data from the agendového information system of population register,
(c)) the data from the agendového information system for foreigners.
(2) Information Provided pursuant to paragraph 1. and) are
and) surname,
(b) the name or names),
(c) the address of the place of stay)
(d)) date of birth,
e) nationality.
(3) Information Provided pursuant to paragraph 1. (b)) are
and) the name or name, last name, or changing them, native
last name,
(b)) date of birth,
c) country of citizenship,
(d) the address of the place of residence),
e) deprivation or restriction of legal capacity.
(4) Information Provided pursuant to paragraph 1. (c)) are
and) the name or names, surnames, their change, maiden name,
(b)) date of birth,
c) country of citizenship or more of State citizenship,
(d)) the type and address of the place of stay
e) number and the validity of the residence permit,
f) deprivation or restriction of legal capacity.
(5) the data which are kept as reference data in the principal registry
the population recovered from the agendového information system registration
of the population or agendového information system for foreigners only if they are
in the shape of the previous status quo.
(6) of the provided data that can be used in a particular case only
such data, which are necessary for the performance of the task.
§ 81
For floating equipment or floating device designed for exploration and
use of natural resources in the sea, on and under the Sea applies
apply the provisions of part II of this Act.
§ 82
(1) the provisions of this law shall apply only if an international agreement,
the Czech Republic is bound, or generally accepted rules
international law does not provide otherwise.
(2) If an international agreement, which the Czech Republic is bound, ^ 27)
provides otherwise, the provisions on maritime transport matters
the civil code and the commercial code relating to the carriage.
section 83
Transitional provisions
(1) unless otherwise specified, this will be subject to the law and legal relations and the
rights arising under the legislation applicable until the date of entry into force of
of this Act.
(2) a fine under this Act can only be imposed for the infringement
occurring after the effectiveness of this Act.
(3) the owners of sea-going vessels flying the national flag of the Czech
States, shall within one year of the effectiveness of this law
ask the authority for the registration of sea-going vessels into the maritime register. By the time of
decisions of the Office are the operators of sea-going vessels flying the
the national flag of the United States considered to be persons entitled to sail under the
the national flag of the United States.
§ 84
Support of the State
(1) the Department of transportation may provide at the request of the owner of the ship
State aid to the maritime operation.
(2) the citizens of the Czech Republic, who studies the seafaring profession in
device recognised by the Ministry of Foreign Affairs, the Ministry of transport
transport to provide a financial contribution for this purpose.
(3) the conditions and the amount of State aid to the maritime operation
shipping and conditions for the provision of the financial contribution to the study of
seafaring profession abroad lays down detailed prescription.
§ 85
(1) the Department of transportation shall issue a decree to implement section 8 (2). 3, § 11
paragraph. 5, § 12n para. 7, § 13 para. 3, § 9 para. 6, section 20 (2). 7, section 21
paragraph. 2, § 23a para. 7, § 24 para. 3, § 27 para. 3, § 32 para. 4, § 33
paragraph. 1 (b). (c)), and p), § 35 para. 2, § 42 para. 6, § 43 para. 10, § 44
paragraph. 4, § 45 para. 7, § 47 para. 1, 2 and 8, § 48 para. 9, § 49 para. 5,
§ 50 para. 4, § 54 para. 6, § 55 g of paragraph 1. 5, § 55 h of paragraph 1. 5, section 63e para.
3, section 66 paragraph 1. 2, section 67 para. 1 (b). (b)), section 67 para. 2 and 4, § 67a para.
3, § 67c para. 2, § 76 para. 1 and article 84 paragraph. 3.
(2) the Government issues regulations to implement section 4, paragraph 4. 4.
§ 86
Are deleted;
1. Act No. 61/1952 Coll., on maritime navigation, as amended by Act No 42/1980
SB.
2. Regulation of the Minister of transport no 75/1953 Coll., implementing
some of the provisions of the Act on maritime navigation,
3. Regulation of the Minister of transport No 39/1955 Coll., on limitations of liability
the operator of a seagoing ships, as amended by Act No. 513/1991 Coll.,
4. Ministerial Decree No. 86/1955 OJ l., the common disaster in
maritime transport,
5. Ministerial Decree No. 160/1956 Ú. l., concerning the conditions of
freight transport by sea, as amended by Act No. 513/1991 Coll.,
6. Ministerial Decree No. 65/1967 Coll., on swimming and
maritime books,
7. the Decree of the Federal Ministry of transport no. 89/1985 Coll., on the adjustment of
certain rights and obligations arising from employment relations
the crews of seagoing vessels of the Czechoslovak,
8. Decree of the Federal Ministry of transport no. 7210/75-25 on the alarm
the activities of the Czechoslovak naval vessels, registered in the amount
11/1975 Coll.,
9. the Decree of the Federal Ministry of transport no. 328/1990 Coll., on professional
the competence and authority to exercise the function of members of the ship's crew
Czechoslovak seagoing ships, registered in the amount of 52/1990 Coll.
10. return the Federal Ministry of transport and communications No. 19 404/1988-0320
on the remuneration of the crews of sea-going vessels of the Czechoslovak, registered in the
the amount of 14/1989 Coll.,
11. Decree of the Federal Ministry of transport no. 564/1990 Coll., which
amended return on remuneration of the crews of seagoing vessels of the Czechoslovak,
registered in the amount of 90/1990 Coll.
12. Decree of the Federal Ministry of transport no. 343/1990 Coll., on tonážní
mark on the Czechoslovak naval vessels, registered in the amount
54/1990 Coll.
13. Directive No. 49/1967 Journal on the assessment of health ČSR (MZ)
eligibility to work, as amended by Directive No. 17/1970 Journal of MZ CSR and
Decree No. 31/1993 Coll., in § 14 para. 2 and annex No. 3, concerning
members of the crews of seagoing vessels.
§ 87
This Act shall take effect on 1 January 2000. July 2000.
Klaus r.
Havel, v. r.
Zeman in r.
Selected provisions of the novel
Article. (II) Act No. 261/2007 Coll.
Transitional provisions
1. Marine equipment, which was placed on board sea-going vessels
to 10. September 2009, may not be for the purpose of approving the compliance with maritime
the conventions indicated by the mark of conformity according to the Government regulation on technical
requirements for marine equipment.
2. delegation to classification societies, the legal and physical persons
made pursuant to the Act No 61/2000 Coll., in the version in force before the date of application
of this Act, shall remain in force.
3. the administrative proceedings initiated before the date of entry into force of this Act shall be
completes and the rights and obligations associated therewith shall be assessed according to the
the existing legislation.
4. Pleasure yachts registered before the date of entry into force of this Act
are operated in accordance with the existing legislation.
Article. (II) Act No. 81/2015 Sb.
Transitional provisions
1. On maritime vessels constructed before the date of entry into force of this
law at naval vessels, the keel laying
the keel before the date of entry into force of this law shall apply to the requests for
their equipment with suitable premises under section 66 of Act No. 61/2000 Coll.
in the version in force before the date of entry into force of this Act.
2. where for the purpose of certain maritime labour contract concluded
sea-going vessels with crew members before the date of entry into force of this
the law and the cruise has not been terminated before that date, shall be used for
obligations of the operator and the Commander of the naval vessels, and for the adjustment of
labour ratios, crew members of the vessel during the voyage
sections 24, 25, 27, and part five of the Act No 61/2000 Coll., in the version in force prior to the
the effective date of this Act.
3. legal persons authorized or approved by the Authority under section 45 of Act No.
61/2000 Coll., in the version in force before the date of entry into force of this
the law shall be regarded as legal persons accredited under section 45 of the Act
No 61/2000 Coll., in the version in force from the date of entry into force of this
the law.
4. licences issued under the Act No 61/2000 Coll., as amended by
effective before the date of entry into force of this Act, shall remain in
even after the date of entry into force of this Act, until the expiry of the
period of their validity, but not later than 31 December 2006. December 2016.
5. the holder of a licence issued under the Act No 61/2000 Coll.
in the version in force before the date of entry into force of this Act, is entitled to
ask the authority for a replacement of this licence for a licence under the
Act No. 61/2000 Coll., in the version in force from the date of entry into force of this
the law. The period of validity of a licence under the Act No 61/2000
Coll., in the version in force from the date of entry into force of this Act,
coinciding with the validity of the certificate, however, does not exceed
December 31, 2016. Along with the new licence the authority and
certificate of medical fitness; validity of the certificate is the same as
force of the new licence, however, shall not exceed 2 years.
6. the procedure for the issue or withdrawal of a licence and the procedure for the review
vocational or medical fitness commenced prior to the date of acquisition
the effectiveness of this law shall be completed in accordance with Act No 61/2000 Coll., on the
the version in force before the date of entry into force of this Act.
7. the holder of a licence issued under the Act No 61/2000 Coll.
in the version in force before the date of entry into force of this law, the time
of validity will end before 31 August. December 2016, is eligible to apply to the Office
certification procedure in accordance with Act No 61/2000 Coll., on the
the version in force before the date of entry into force of this Act. The authority in this
the event will limit the validity of the issued licence until 31 December 2006. December
2016.
1) Council Directive 96/98/EC of 20 May 1999. December 1996 on marine equipment.
Council Directive 1999/63/EC of 21 June 1999. June 1999 concerning the agreement on the adjustment of
working time of seafarers concluded by the Association of shipowners
the European Community (ECSA) and the Federation of trade unions of workers in the
transport in the European Union (FST).
Directive of the European Parliament and of the Council 2002/59/EC of 27 June 2002. June
2002, establishing a Community monitoring and information system for the
the operation of vessels and repealing Council Directive 93/75/EEC.
European Parliament and Council Directive 2005/45/EC of 7 September 2004. September 2005 on the
the mutual recognition of certificates of seafarers issued by the Member
States and amending Directive 2001/25/EC.
European Parliament and Council Directive 2005/33/EC of 6 May 1999. July
2005, amending Directive 1999/32/EC as regards the sulphur content of
marine fuels. European Parliament and Council Directive 2008/106/EC of
on 19 December. November 2008 on the minimum level of training of seafarers.
Council directive 2009/13/EC of 16 December 2002. February 2009 implementing
the agreement on the maritime labour Convention, 2006 concluded the Union of
operators of sea-going vessels of the European Community (ECSA), and
The European transport workers ' Federation (ETF) and amending Directive
1999/63/EC.
European Parliament and Council directive 2009/15/EC of 23 December 2003. April 2009,
laying down common rules and standards for the bodies responsible for
ship inspection and survey organisations and for the relevant activities of maritime
Administration.
European Parliament and Council directive 2009/17/EC of 23 December 2003. April 2009,
amending Directive 2002/59/EC, which provides for the control and
the community information system for the operation of vessels.
European Parliament and Council directive 2009/18/EC of 23 December 2003. April 2009,
establishing the fundamental principles governing the investigation of accidents in the sector
maritime transport, and amending Council Directive 1999/35/EC and directive
The European Parliament and of the Council 2002/59/EC.
European Parliament and Council directive 2009/20/EC of 23 December 2003. April 2009
on the insurance of shipowners for maritime claims.
European Parliament and Council directive 2009/21/EC of 23 December 2003. April 2009
on compliance with flag State requirements.
Directive of the European Parliament and of the Council of 2012/35/EU of 21. November
2012, amending Directive 2008/106/EC on the minimum level of training of
of seafarers.
Directive of the European Parliament and of the Council/54/EU of 20. November
2013 on certain obligations of the flag State regarding compliance with the Convention on
work at sea in 2006 and its enforcement.
1A) Act No. 118/1995 Coll. on inland navigation, as amended by Act No.
359/1999 Coll.
2) the United Nations Convention on the law, published under the
No 240/1996 Coll.
3) for example, International Convention for the safety of life at sea
(SOLAS), 1974, notified under no 52/1995 Coll., 1978 to the international
Convention for the safety of life at sea, 1974, notified under no.
52/1995 Sb.
3A) section 69 and 70 of Act No. 455/1991 Coll., on trades
(Trade Act).
4) Act No. 368/1992 Coll., on administrative fees, as amended
regulations.
4A) § 46 para. 1 (b). a) points 2 and 3 of the Trade Licensing Act.
5) the Convention on the International Maritime Organization (IMO), 1948, notified under no.
105/1996 Coll.
The International Convention for the safety of life at sea (SOLAS), 1974,
notified under no. 52/1995 Sb.
5A) Act No. 266/1994 Coll., on criminal records, as amended
regulations.
6) United Nations Convention on conditions for registration of seagoing vessels.
7) the International Convention on standards of training, certification and Watchkeeping
seafarers (STCW), 1978, notified under no 53/1995 Sb.
8) the International Convention for the safety of life at sea (SOLAS),
1974, notified under no 52/1995 Sb.
The 1978 Protocol to the International Convention for the safety of life at
Sea, 1974, notified under no 52/1995 Sb.
The 1978 Protocol to the International Convention for the prevention of pollution from ships
(MARPOL) 1973, notified under no 71/1995 Sb.
10) Act No. 326/1999 SB. on residence of aliens in the territory of the Czech Republic and
amending some laws.
11) Law No. 1/1991 Coll., on employment, as subsequently amended.
12) for example, the International Convention on the safety of life at sea
(SOLAS), 1974, notified under no 52/1995 Sb.
The 1978 Protocol to the International Convention for the safety of life at
Sea, 1974, notified under no 52/1995 Sb.
International Convention on standards of training, certification and Watchkeeping
seafarers (STCW), 1978, notified under no 53/1995 Sb.
Convention on the international regulations for preventing collisions at sea
(COLREG), 1972, notified under no 263/1995 Sb.
13) Act No 246/1992 Coll., on the protection of animals against cruelty, as amended by
amended.
Act No. 167/1999 Coll., on health care and on amendments to certain
related laws (health law).
14) § 161 para. 2 Act No. 141/1961 Coll., on criminal court proceedings
(code of criminal procedure), as amended.
15) Decree No 19/1988 Coll., on the procedure on the death and funeral
16 and 77) § 21 of Act No. 20/1966 Coll., on the health care of the people, as amended by
amended.
17) seafarers ' identity documents Convention, 1958, notified under no.
232/1998 Coll. of the International Convention on standards of training, certification and
Watchkeeping for seafarers (STCW), 1978, notified under no 53/1995 Sb.
18) Act No. 71/1967 Coll., on administrative proceedings (administrative code), as amended by
Act No. 29/2000 Sb.
20) Convention for the welfare of seafarers at sea and in ports, the notified
under no 432/1991.
21) Convention for the protection of the health and medical care for seafarers, notified under
No 445/1991.
22) § 9 para. 4 (b). c) of Act No. 20/1966 Coll., as amended
regulations.
23) Government Regulation No. 63/1992 Coll., of the commercial bulletin.
24) Act No. 301/1992 Coll., on the Economic Chamber of the Czech Republic and
The agrarian Chamber of the Czech Republic, as amended.
26) Act No. 337/1992 Coll., on administration of taxes and fees, as amended by
amended.
26A) Act No. 133/2000 Coll., on registration of the population and the birth numbers and
amendments to certain laws (law on population register), as amended
regulations.
26B) § 1 of the law No. 133/2000 Coll., as amended by Act No. 53/2004 Sb.
26 c) Act No. 40/1993 Coll. on acquisition and loss of citizenship
The Czech Republic, as amended.
27) for example, the United Nations Convention on maritime transport
goods, 1978, notified under no 193/1996 Coll.
28) European Parliament and Council Regulation (EC) No 391/2009 of 23 July.
April 2009 laying down common rules and standards for
responsible for ship inspection and survey organisations.
29) § 16 para. 4 Act No. 127/2005 Coll., on electronic communications
and amending certain related laws (Act on electronic
communications).
Decree No. 155/2005 Coll., on the way of making the call tag
identification numbers and codes, their use and about the kinds of
radio service for which they are required.
30) International Convention for the safety of life at sea (SOLAS),
1974, notified under no 52/1995 Sb.
31) directive of the European Parliament and of the Council 2009/17/EC.
32) Government Regulation No. 266/2009 Coll., on technical requirements for
marine equipment, as amended.
33) 1978 Protocol to the International Convention for the prevention of pollution from ships
(MARPOL) 1973, notified under no 71/1995 Sb.
34) the International Convention on load lines, 1966, notified under no.
129/1969 Coll.
35) Act No. 82/1998 Coll., on liability for damage caused in the performance of
of public authority by a decision or incorrect official procedure and amending
the Czech National Council Act No. 357/1992 Coll., on the notarial profession and their activities
(the notarial regulations), as amended.
36) Government Regulation No. 174/2005 Coll., laying down technical
requirements for recreational craft, partly completed recreational
craft and their selected parts, on jet skis and propulsion engines
recreational craft and personal watercraft.
37) European Parliament and Council Regulation (EC) No 1406/2002 of 27 June 2002.
June 2002 establishing a European Maritime Agency
safety.
38 the ČSN EN ISO 9001) quality management systems-requirements.
