309/2008 Sb.
LAW
of 17 December. July 2008,
amending the Act No 114/1995 Coll., on the inland waterway, as amended by
amended, and some other laws
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
The amendment to the law on inland navigation
Article. (I)
Law No. 114/1995 Coll., on the inland waterway, as amended by Act No.
358/1999 Coll., Act No. 254/2001 Coll., Act No. 309/2002 Coll., Act No.
320/2002 Coll., Act No. 118/2004 Coll., the finding of the Constitutional Court
declared under the No 327/2005 Coll., Act No. 186/2006 Coll., Act No.
342/2006 Coll. and Act No 124/2008 Coll., is hereby amended as follows:
1. § 1, including footnotes 1 and 2:
"section 1
The subject of the edit
This law incorporates the relevant provisions of the European Communities ' ^ 1 '),
at the same time follows on directly applicable provisions of the European
Community ^ 2) and modifies the
and conditions governing shipping on) inland waterways (
"the voyage") and
(b)) the competence and powers of the ministries and other central administrative
authorities in the area.
1) Council directive 1991/672/EC of 16 December 2002. December 1991 on the reciprocal
recognition of national boatmasters ' certificates for the carriage of goods and
of passengers by inland waterway.
Council Directive 96/50/EC of 23 December 2003. July 1996 on the harmonisation of the conditions
for obtaining national boatmasters ' certificates for the carriage of goods and
passengers on inland waterways in the community.
European Parliament and Council Directive 2005/33/EC of 6 May 2003. July
2005, amending Directive 1999/32/EC as regards the sulphur content of
marine fuels.
European Parliament and Council Directive 2005/44/EC of 7 September 2004. September 2005 on the
harmonised river information services (RIS) on Inland
waterways in the community.
European Parliament and Council Directive 2006/87/EC of 12 July 2005. December
2006 laying down technical requirements for inland
Cruises and repealing Council Directive 82/714/EEC.
2) of Council Regulation (EEC) no 2919/85 of 17 December. October 1985 laying
lays down the conditions for access to the arrangements under the revised Convention for the navigation
on the Rhine, vessels shipping on the Rhine.
Council Regulation (EEC) no 3921/91 of 16 October. December 1991 laying
lays down the conditions under which non-resident carriers may operate transport
of goods and passengers by inland waterway within a Member
State. ".
Former footnote No. 1 to 14 are renumbered as notes under
line no. 3 to 16, including the references to footnotes.
2. In section 3, paragraph 3. 4 letter a) is added:
"and the water flow of the river Elbe)
1. from RKM 973.5 (Kunetice) after the river km 951.2 (lower Weir: lock
Přelouč),
2. from RKM 949.1 (2.080 kilometers from the axis of the Weir Přelouč) after the river km 726.6
(the State border with the Federal Republic of Germany), including fairway
the water area Velké Žernoseky nautical characters ".
3. In section 8 (2). 3 the word "operator" is replaced by
"the operator of the vessel".
4. In article 9, paragraph 1 reads:
"(1) a vessel, means a ship, small craft, floating equipment, floating
equipment and other controllable floating body. A small vessel, means
the ship, the length of which is less than 20 m and whose volume, expressed as the product of the
the length, width and draught is less than 100 m3. Small craft is a ship,
which satisfies the conditions referred to in the second sentence, and which is intended, or
used to tow or push or leadership in the side tied report other
than small vessels, or which is intended for the transport of more than 12
passengers or which is the ferry. Specifying the characters each
types of vessels and the conditions for their technical and operational competence
provides the detailed prescription. ".
5. In article 9 paragraph 2 is added:
"(2) on the fairway can be operated only by the vessel,
and) whose technical capacity to operate on the waterway (hereinafter referred to as
"technical competence") was approved under this law or under the
the legislation of another State,
(b)) which is a registered
1. in the shipping register of the Czech Republic (hereinafter referred to as "the register")
or in a similar register of another Member State of the European Union,
The European economic area or the Swiss Confederation or
2. in the shipping register or similar records State not listed in point
1, the authority shall issue the authorisation if the fairway under section 30, subject to registration
under this Act,
(c)) that its design and technical status conforms to the
the safety of operation, the safety of the crew and on the safety of transported
persons and goods set out in this Act and does not endanger the environment and
(d)) that is provided with registration if the characters of this obligation is subject to the
pursuant to this Act. ".
6. In article 9, paragraphs 3 and 4 shall be deleted.
7. sections 10 and 11, including the title and footnote 5a:
"The technical competence
§ 10
(1) subject to the approval of the technical competence of all vessels, with
except for vessels not subject to registration in accordance with § 14 paragraph. 5,
unless otherwise provided in this Act.
(2) the technical competence of a vessel at the request of the Office, approve the fairway
the owner or operator of the vessel. Fairway Office of technical
eligibility, if
and) a vessel meets the technical requirements on safety, on
the safety of the crew and on the safety of the passengers and goods provided for
the implementing law or international treaty, which is
part of the legal order of the Czech Republic (hereinafter referred to as "the technical requirements
on safety "), or
(b)) are series-produced small vessel conforming to the approved type
the vessel.
(3) the conditions for the approval of the technical competence of a vessel
fairway Office verifies the technical inspection of the vessel or the control
the type-certificate of the vessel completed for mass produced small
the vessel. The technical competence of floating equipment with mining equipment
approved by the Office of the fairway only after the prior consent of the national mining authority
^ 5) management. To verify the technical competence of vessels designated
the implementing regulation, the Office shall establish a support team for the fairway
to the Commission. The implementing legislation provides for a procedure for the implementation of the technical
tours, business tours, technical security professional
the Commission, a member of the Expert Commission, the promise of the way the Commission and its expert meetings
activities during the implementation of the technical inspection of the vessel.
(4) carrying out technical inspections for vessels specified in the implementing
by law, the Office may entrust to the fairway of the legal person on the
the basis of its written request, if the legal person showing that
and owns or has the right) to the use of the equipment needed for the implementation of the
technical inspections,
(b) a statutory body or a member) of the statutory body or responsible
Representative, if appointed, has a college education, technical direction
and at least 5 years of experience in the field of inland navigation,
(c) statutory authority or members) of the statutory authority and responsibility
Representative, if appointed, the integrity in accordance with the Trade Licensing Act,
(d)) is not organizationally, personally or financially in any way connected with
by the manufacturer, the importer or the seller or the operator of water vessels
transport, e) has an internal organizational structure and of the quality management system
for the implementation of the agreed technical inspections by an accredited person
According to technical standards.
In a decision on the credentials of the fairway shall be set further conditions for the
the implementation of the technical inspections. Fairway Office withdraw credentials, if
legal person or repeatedly commits serious breaches of the obligations of the
laid down in this law or conditions referred to in the decision of the credentials
no longer meets the requirements referred to in the first sentence or request a withdrawal
the credentials.
(5) the technical inspection of the vessel may be replaced wholly or in part
the report, issued by a classification society recognized by the competent
Regulation of the European communities ^ 5a), if this report shows
that vessel is wholly or partly meets the technical requirements of the
the safety.
(6) the technical competence of the Office, approve the release of the vessel's navigation
ship's certificate or, in the case of the floating device certification
floating equipment (hereinafter referred to as the ' certificate of the vessel "). Detailed legal
the regulation establishes the model certificate and the validity period of the certificate of the vessel
According to the type of vessel.
(7) the certificate of the vessel illustrates the ownership of the vessel. Fairway Office
indicate the emergence of a lien on the vessel's certificate.
(8) after the expiry of the period of validity of the certificate of the vessel extended navigation
the authority shall at the request of the owner or operator of the vessel. On
the extension of the validity of the certificate of the vessel shall apply mutatis mutandis the procedure
in accordance with paragraphs 2 to 5.
(9) If the vessel, whose technical competence has been
approved, conversion or repair carried out the construction
the vessel, the vessel's certificate issued shall cease to have force and shipping Office
before the ship is put into service shall decide on the approval of his again
technical competence and shall issue a new certificate of the vessel. The request for
approval of technical competence, serves the owner or operator
the vessel.
(10) operational and technical conditions for the operation of vessels
are not subject to registration in accordance with § 14 paragraph. 5, lays down the legal
prescription.
§ 11
(1) the loss, theft, damage or destruction of a certificate of a vessel is its
the owner or operator shall be obliged to notify the shipping Office.
On the written request of the owner or operator of the vessel shall issue
fairway Office within 20 days from the date of submission of the request new certificate of the vessel
for the certificate lost, stolen, damaged or destroyed. End date
the validity of the new certificate of the vessel must match the end date
validity of the certificate, a new certificate is replaced.
(2) without delay after the notification referred to in paragraph 1 shall issue the fairway
the Office of the owner or operator of the vessel, the provisional certificate
the vessel. Provisional certificate of the vessel replaces a lost, stolen,
damaged or destroyed certificate of the vessel and its validity is 30 days from the
its release. The release of the new certificate of the vessel referred to in paragraph 1
the validity of the provisional certificate of the vessel ceases to exist. The pattern of the provisional
the certificate of the vessel lays down detailed legal prescription.
(3) if there is a change in the particulars recorded in the certificate of the vessel
do not apply to the technical competence of a vessel, the owner shall submit or
the operator of a vessel within 15 days from the date when the change of the learned
request shipping Office of designation changes in the vessel's certificate. Fairway
the Office shall mark the changes in the vessel's certificate after verifying their correctness.
5A) directive of the European Parliament and of the Council 2006/87/EC of 12 July 2005.
December 2006 laying down technical requirements for vessels
inland waterway vessels and repealing Council Directive 82/714/EEC. '.
Footnote No. 5a is referred to as a footnote
No 5b, including links to a footnote.
8. In article 12 the following section under the heading "the designation of series-produced
the small vessel ".
9. In section 12 shall be added to paragraph 1:
"(1) of type-approval of small series, produced by the vessel shall act
fairway Office at the request of the manufacturer. Fairway Office shall approve the type of
the vessel, if they met the technical requirements for safety. For
type-approved shall issue the certificate authority type navigation vessels. ".
Paragraphs 1 and 2 shall be renumbered as paragraph 2 and 3.
10. In section 12, the following paragraph 4 is added:
"(4) the particulars of the vessel and the type-certificate data in it
report lays down implementing legislation. ".
11. section 13:
"section 13
(1) if the Office finds the fairway, that the vessel, whose technical competence
approved, does not meet the technical requirements for the safety
the certificate, the operator of a vessel to perform saves the measures necessary for the
renewal of the technical competence of a vessel. If the failure to comply with the technical
requirements for the safety of the vessel obviously threatens the safety of traffic on the
the fairway, fairway Office decides about the detention of a vessel to a certificate
to restore its technical competence and saves the operators of vessels
carry out the necessary measures to restore the technical competence of the vessel and
set a time period for their implementation. Fairway Office may in justified
cases on the basis of a written request from the operator of a vessel may decide
extending the time period referred to in the second sentence. Fairway Office decides on the return
the certificate of the vessel, at the request of the detainee, operator of the vessel,
where the operator of a vessel shipping Office renewal of the technical
the eligibility of the vessel and the vessel does not endanger the safety of the waterway.
In the event that the operator of a vessel within the time limit referred to in the second sentence, or
the third does not restore the technical competence of a vessel, or in the case of detection of
the permanent incapacity of the vessel to operate the navigation authority to decide
withdrawal of the certificate of airworthiness of the vessel.
(2) if the Office finds the fairway, that the vessel, whose technical competence
has been approved by the other State, does not meet the technical requirements for
the security referred to in the certificate, the operator saves the vessel to perform
the measures necessary to restore the technical competence of the vessel. If
failure to comply with the technical requirements for the safety of the vessel clearly threatens the
safety on the water, or the vessel is not equipped with a valid
certificate, Office disables the next operation of the vessel to the renewal of his
technical competence or to the time of the submission of a valid certificate
the vessel. On the prohibition of the operation of the vessel, whose technical competence has been
approved by the other Member State of the European Union, it shall inform the shipping Office
within 7 days of the ban, the authority which the technical competence of a vessel
has approved.
(3) For the obvious danger to traffic on the waterway in accordance with paragraphs 1 and 2
such non-compliance shall be deemed the fairway Office technical requirements for
the safety of the vessel, which has an influence on the strength of the structure of the vessel, its
handling or stability, or if it has an impact on the special characteristics of
the vessel, as defined in the implementing legislation.
(4) the authority may in particular the fairway situation, issued for a vessel which
does not have a valid certificate on the request of the owner or operator of the
provisional certificate of the vessel in order to perform in the provisional
the certificate referred to cruises or extend the validity of issued certificates
vessels, up to a maximum of 6 months. The Office shall issue a provisional fairway
the certificate of the vessel or the vessel according to extend the validity of the certificate
the first sentence only in the case that the technical condition of the vessel sufficiently
ensures the safe operation of the vessel, crew and passengers, and
things. ".
12. In article 14, paragraph 1, including the footnote No. 5b:
"(1) the authority shall at the request of the fairway the owner or operator of the vessel,
whose technical competence has been approved and for which the operator is
a natural person with permanent residence or place of business in the territory of the Czech
Republic, the legal person or organizational component, based on the
the territory of the Czech Republic or any other person who is under the Special
the law shall be entitled to temporarily provide services or perform
the right of establishment in the territory of the Czech Republic ^ 5b), writes the vessel to
Register and allocate a vessel registration characters.
5B) section 69 and 70 of the Trade Licensing Act. ".
Footnote No. 5b is referred to as a footnote
No 5 c, including links to a footnote.
13. In article 14, the following paragraph 5 is added:
"(5) the registration in the register of shipping is not subject to
and small vessel) of the total weight, including the load to 1000
kg or self-propelled to 4 kW or with total
flat sheets up to 12 m2 (hereinafter referred to as "small craft"),
(b)) the total weight of a floating device including the load into the
10 000 kg, if any of the dimensions does not exceed 10 m, and
(c) floating body. ").
14. In section 16. 1 the words "§ 9 (2). 4 "shall be replaced by the words" § 14 paragraph.
5. "
15. section 18 including the title:
"section 18
Distinguishing characters and boat Charter
(1) the operator of a vessel that is subject to registration, is required to ensure
that vessel traffic will be provided with registration marks and equipped with
the ship's papers.
(2) the elements of the characters and the way their cognitive location on board
lays down detailed legal prescription. The implementing legislation provides for
boat Charter, which must be equipped with vessel, and the data in them
led by.
(3) the leader of the vessel is obliged to record information in the ship's papers
laid down in the implementing regulation. The operator or leader
the vessel is obliged, at the invitation of the Czech Office, police
the Republic or of the customs administration of the Czech Republic present boat Charter
These authorities. ".
16. In section 20 (2). 3 the words "§ 10 (1). 5 "shall be replaced by the words" § 10 (1).
6. "
17. In section 23, paragraph. 4, the words "of the vessel, which is done by koncesovaná
water transport ' shall be replaced by the words "water transport".
18. In section 25, paragraph. 1, after the word "with" shall be inserted the word "valid" and at the end of
the text of the paragraph with the words "under this Act, or with the certificate
the leader of the vessel or other similar document issued under the law
Of the European communities ^ 5 d) or under the revised Convention for the navigation of the
The Rhine ".
Footnote No. 5 d:
"5 d) of Council Directive 91/672/EEC of 16 June 1992. December 1991 on the reciprocal
recognition of national boatmasters ' certificates for the carriage of goods and
passengers on inland waterways. ".
19. In § 25 paragraph 2 is added:
"(2) a licence shall be issued by the Office on the basis of written fairway
the application to the applicant, that
and reached the prescribed age), education, and practice
(b)) is reliable to keeping the vessel (section 27),
(c)) has proved the medical eligibility of medical opinion, which must not
be older than 3 months, and
d) succeeded test. ".
20. In § 25 paragraph 3 shall be inserted after paragraph 4 and 5 are added:
"(4) the leader of the vessel or crew member of a vessel is required to notify
shipping Office change of information contained in the certificate without the
undue delay after he learned of them, and present
competence of the authority to carry out the registration of shipping changes the data in the
of the card.
(5) the leader of the vessel and the other crew members are obliged, at the invitation
Office, the police of the Czech Republic or of the customs administration of the Czech
Republic show a valid certificate of medical fitness and
the leader and members of the crew of the vessel specified in the implementing legislation
are obliged to prove whether or not a valid certificate. ".
Paragraphs 4 and 5 shall be renumbered as paragraphs 6 and 7.
21. In section 25, paragraph. 6, after the words "the crew of the vessel", the words ",
model of the certificate of the vessel, the pattern leader certificate
a member of the crew of the vessel ".
22. In section 28 paragraph. 2 the second sentence, the word "Move" shall be replaced by the words
"Put, delete or move".
23. In section 28 paragraph. 3, the second sentence shall be replaced by the phrase "cannot be an obstacle to the free
delay delete is the one who caused it, obliged to this fact
without undue delay, notify the administrators of the waterways and shipping Office
who decides on how to ensure the safety of traffic on the waterway and
the procedure for the removal of the obstacles. "
24. In section 30 is at the end of paragraph 1, the following sentence "for a foreign vessel
is not a vessel to which the certificate was issued or the other
a similar document in another Member State of the European Union or of another State
appearing in the European economic area. "
25. in section 30 the following new section 30a, which including the title and notes
footnote No. 5e and 5f:
"section 30a
The operation of personal watercraft
(1) a water scooter can be operated only on the waterways on which
is not disabled sailing vessels with internal combustion engines ^ 5e) and which are
nautical Office defined to operate a personal watercraft (hereinafter referred to as
"the area for the operation of personal watercraft").
(2) the Office may define the area of the fairway for the operation of personal watercraft on
upon written application by a natural person or a legal person. In the application
the applicant
and define territorial) the proposed area for the operation of personal watercraft,
(b) provide proof of compliance with the conditions in writing) to the use of surface water for navigation
vessels with internal combustion engines set out specific legal
Regulation ^ 5e)
(c) provide proof of compliance with the conditions in writing) of the extent of the use of surface water to the
voyage in the operation of personal watercraft provided for implementing the legal
Regulation ^ 5f)
(d) the conditions of operation) a closer personal watercraft on the proposed desktop
for the operation of personal watercraft,
(e) the anticipated date) launch on your desktop for the operation
personal watercraft and
(f) provide proof of payment of the administrative fee).
(3) the authority may define the area of the fairway for the operation of personal watercraft only
the written consent of the municipality in whose territory the proposed
the area for the operation of personal watercraft is located, and the administrator of the waterways.
(4) if the request does not contain the particulars set out in paragraph 2 (a). and)
(f)) or so if a municipality referred to in paragraph 3, with the definition of the area for
the operation of personal watercraft consent, the Office shall reject the application.
(5) the decision on the definition of the area for the operation of personal watercraft navigation
the Office shall indicate the
the exact delimitation and territorial areas),
(b) the area to which the operator) shall be the applicant in accordance with paragraph 2,
(c) traffic conditions) more personal watercraft on the desktop,
d) opening date on the desktop for the operation of personal watercraft, which
must not precede the date of the navrhnutému in the application referred to in paragraph 2, and
(e) the period of validity of the decision on) the delimitation of the area, which may not exceed
2 years from the date of the initiation of the operation of personal watercraft on the desktop.
(6) the decision on the delimitation of the area for the operation of personal watercraft shall send
fairway Office without undue delay, the administrators of the waterways. Water Manager
the path will ensure that the designation of the area corresponding to the operation of personal watercraft
passed on the costs of operator characters of the area for the operation of the water
scooters by the date of commencement of operation of personal watercraft on the desktop
referred to in the decision referred to in paragraph 4.
(7) the operator of an area for the operation of personal watercraft is required to
and to ensure compliance with the conditions of near) the operation of personal watercraft and
the other conditions laid down in the decision on the delimitation of the area for the operation of the
personal watercraft and
(b) notify the shipping authority changes) of the data relevant for the issue of
the decision on the delimitation of the area for the operation of personal watercraft and these changes
provide evidence within 15 days from their creation.
(8) the Navigation Authority may decide on the repeal of the definition of the area for the operation of the
personal watercraft
and in case of repeated findings), violations of the conditions of the water
Scooter set out this Act or conditions of the operation of the water closer
Scooter on the desktop for the operation of personal watercraft, or
(b)) on the basis of a written request from the operator, the area for the operation of the water
Scooter.
(9) for the operation of vessels intended for navigation in the yield stress and other
vessels laid down by the implementing regulation shall apply the provisions of
paragraphs 1 to 7 shall apply mutatis mutandis.
(10) the model application for definition of the area for the operation of personal watercraft and modes of
closer to the conditions of operation of personal watercraft on the desktop for the operation of the water
Scooter lays down detailed legal prescription.
5E) § 7 (2). 5 of the Act No. 254/2001 Coll., on the waters of and amendment to certain
laws (Water Act).
5F) Decree No. 241/2002 Coll., on the establishment of water tanks and water
flows, on which the disabled sailing vessel with internal combustion engines, and
the extent and the conditions of the use of surface water for navigation. ".
26. under section 32, the following new section 32a to 32d, including title and
footnote No. 5 g and 5 h shall be inserted:
"River information services
section 32a
(1) river information services (RIS) are made available free of charge
file-related information to support traffic and transport management in the
inland navigation on the waterways as defined in accordance with the
the relevant provision of the European communities 5 g) ^ ^ implementing the legal
Regulation (hereinafter referred to as "information"). Information held in the includes RIS
information about the waterway, the traffic on the waterway, emergency
on the fairway, vessels and transported cargo and the port
the fees. RIS System Manager stores and makes available the information in it
contained in an electronic format that enables continuous remote access.
(2) RIS System is an information system of public administration ^ 5 h).
(3) the RIS System is broken down into a set of information publicly available and
file information with restricted access. File information with limited
the approach includes the information about the position of the vessel and cargo information on
Board.
(4) the items of information that are recorded in the RIS and the structure of the information.
restricted access provides detailed legal prescription.
§ 32b
(1) RIS System Manager added to the RIS system information obtained from
own activities and information provided by third parties.
(2) information relating to support traffic and transport management in the
Inland Navigation RIS system administrators are required to provide
and the operator or leader) vessel, which is registered in the nautical
register or similar register under section 9 (2). 2 (a). (b)), if the
for information about the position of the vessel, the cargo on board the vessel, and emergency
events on the waterway,
(b)) administrator waterways, if it is about the details of the water way and movement
vessels sailing in the Chambers,
(c)), the Czech Hydrometeorological Institute, in the case of data on climate
conditions on the waterways, and the
(d) the operator of a port, it is)-if the information about the port, related
for its part, the ground and the vessels in the port.
(3) the structure, form, content and method of transmission of information to administrators
RIS system, the persons referred to in paragraph 2 lays down the legal
prescription.
section 32 c
(1) RIS System Manager shall ensure
and continuous income information provided by) third parties,
(b) the processing of the information inserted into) the system in accordance with the requirements
their structure, format and content laid down by the implementing the legal
Regulation,
(c)) access to information and continuous insertion in system, RIS and
(d) the RIS system) security against unauthorized access to information with
restricted access, unauthorized alteration and loss of information.
(2) RIS System Manager handles and inserts the information into the system without RIS
undue delay after he learned about it, or after it has verified.
RIS System Manager is required to verify the accuracy of the information, which
received from persons other than those referred to in Section 32b of the paragraph. 2.
(3) the RIS System Manager on the basis of a written request from the operator
the vessel shall decide on the disclosure of information held in the file
RIS to which access is restricted. In the application referred to in the first sentence must
the operator shall indicate the vessels in respect of which requests for disclosure of information.
(4) the RIS System Manager decides to make part of the file information
in RIS, for which there is restricted access, after verifying that the applicant is
the operator of vessels, which said in the request referred to in paragraph 3 in the
shipping register, or in a similar register under section 9 (2). 2 (a). (b)).
In the decision referred to in the first sentence of the RIS System Manager stating the vessels for
which makes the applicant restricted information.
(5) the RIS System Manager immediately after the release of the decision in accordance with
paragraph 3 shall deliver to the applicant into your own hands the access code to allow
access to the information set out in the decision.
(6) the operator of a vessel, which is registered in another Member State
The European Union, another State representing the European economic area, or
in the Swiss Confederation, and in which it was decided to make
of the file, the information included in the RIS under paragraph 3, it shall
notify system administrators RIS operator of that vessel to change 5
days from the date when the change occurred.
(7) the RIS System Manager decides to end or restrict the making available of
of the file, the information included in the RIS and at the same time terminates or restricts the
the validity of the access code, if
and there is a change of registration) the owner or operator in the nautical
register or similar register under section 9 (2). 2 (a). (b)) for
the vessel in which it was decided to make part of the file information
in RIS, which is a limited access, or
(b)) on request to the operator of a vessel.
(8) the RIS System Manager is obliged to provide data from a file
the information included in the RIS to which access is restricted on the basis of
a written request on
and the authorities of the State Administration)
(b)), the courts and
(c)) public prosecutors ' offices.
(9) the RIS System Manager exposes a set of information held in the RIS to
which is restricted, the police of the Czech Republic, the military police and the
Security information service. RIS System Manager makes
information about the position of the vessel also competent administrators of waterways.
§ 32d
Product intended for use in the system of the Office, approve the fairway on RIS
the basis of a written application, if so provide a directly applicable regulation
Of the European communities. Canal Authority shall approve the product, are met.
the technical product requirements set by directly applicable law
Of the European communities. Product for use in the RIS system, approved in
another Member State of the European Union in accordance with the directly applicable
Regulation of the European Communities shall be deemed approved by the product
in accordance with this Act.
5 g) Article. 2 (2). 1 directive of the European Parliament and of the Council of/44/ES
on 7 December 2004. September 2005 on harmonised river information services (RIS)
on inland waterways in the community.
5 h) Act No. 365/2000 Coll., on public administration and information systems of the
change some other laws. ".
27. under section 35 shall be inserted a new section 35a, including footnote 7a
added:
"section 35a
Fairway Office on the basis of a written request from the operator, water transport and the
After verification that the conditions for the carriage of goods and passengers by
inland waterways of other Member States of the European Union and
other States that make up the European economic area in accordance with the
the legislation of the European Communities shall issue to the applicant a certificate of
the fulfilment of these conditions ^ 7a).
7A) Council Regulation (EEC) no 3921/91 of 16 October. December 1991 laying
lays down the conditions under which non-resident carriers may operate transport
of goods and passengers by inland waterway within a Member
State.
Council Regulation (EEC) no 2919/85 of 17 December. October 1985 laying down the
conditions for access to the arrangements under the revised Convention for Rhine navigation,
relating to the vessel belongs to Rhine navigation. ".
28. In section 37 is at the end of paragraph 1, the following sentence "For foreign
water transport operators is not a national of a Member
State of the European Union, the State, forming the European economic area, or
The Swiss Confederation, or a legal person with a registered office in one of the
those States who are authorised to operate a water transport in another
Member State of the European Union, in another State representing the European
economic area or the Swiss Confederation, and who operate
water transport by vessels registered in a register of shipping
of these States. "
29. In section 40 of the present text becomes paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the State is the administrator of the system management navigation.".
30. section 41 reads as follows:
"§ 41
The Ministry of transport
and the implementation of the mandates of the legal person) technical inspections of vessels,
(b) decide on the type-approval) of the product intended for use in the system
RIS,
(c) issuing an opinion) for making the concession to operate the water
transport,
(d)) shall decide on the grant of authorisation for the operation of the international water
transport,
(e)) is the appellate body in the administrative procedure in matters governed by this
the law against the decision of the State canal administration. ".
31. In article 42, paragraph 2, including the footnote 9 is deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
32. under section 42 shall be added a new part IX, which including its
Title:
"PART IX
ADMINISTRATIVE DELICTS ".
Part IX shall become part of the X.
33. section 43 to 45, including the following titles:
"§ 43
Misdemeanors
(1) a natural person has committed the offence by
and) contrary to section 5 (3). 3 establish a construction on the monitored water way
b) contrary to section 28, paragraph. 2 damaged navigational character or other shipping
equipment located on the waterway,
c) contrary to section 28, paragraph. 2 place, deletes or moves the navigation
the character on the fairway,
(d)) under section 28 does not do measures paragraph 1(a). 3,
e) contrary to section 28, paragraph. 3 notifies the shipping Office, an obstacle to the operation of the
on the fairway, which caused
(f)) in contravention of section 30a, paragraph. 1 operates on water jet ski,
a vessel intended for navigation in yield or other vessel intended by the implementing
the law outside the area for the operation of personal watercraft,
(g)) as an operator of the area for the operation of personal watercraft locks in
contrary to section 30a, paragraph. 6 compliance with the conditions of operation of water closer
scooters, boats for sailing in yield or other designated
the implementing legislation or other requirements referred to in
the decision on the delimitation of the area for the operation of personal watercraft,
(h)) as the sender in the carriage of goods by inland waterway
does not mark in violation of § 36 odst. 5 dangerous things, or to the accompanying
record does not connect these characteristics of dangerous goods, the kind of
hazards and measures in case of emergency, or
I) as a passenger in a passenger water transport are transported in contravention of section 36
paragraph. 6 as baggage, dangerous things.
(2) a natural person as a participant of the traffic on the waterway commits
offence by
and will threaten the safety or fluidity) traffic or will result in the
such a traffic accident, or
b) contrary to section 28, paragraph. 2 fails to command in the place designated
the appropriate nautical character.
(3) the boatmaster or another crew member is guilty of a misdemeanor, by
and) contrary to section 6 (1). 3 violates the conditions of traffic in
the port specified in the implementing legislation issued on the basis of § 6
paragraph. 3,
(b) maintains or operates a vessel) and his ability to guide or manual
the vessel is affected by the ingestion of alcohol or use of narcotic drugs or
psychotropic substances,
(c)) in the management or operating the vessel refuses to submit to breath
the test, or if the breathing test positive, refuses to submit to
a medical examination to determine whether it is affected by alcohol or
using narcotic drugs or psychotropic substances, though it has not been associated with the
a danger to his health,
(d)) or leads the vessel without a valid certificate of health
eligibility for appointment to the Board, or
e) contrary to section 25, paragraph. 4 shipping Office has not notified the change of information
referred to in the licence without undue delay after the
them, or does not submit the certificate authority for shipping
write the changes to the data in the card.
(4) the leader of the vessel commits an offence by
and) contrary to § 18 paragraph. 3 does not record the information in the ship's papers,
b) contrary to section 29. 1 does not do the necessary measures to prevent
the threat to human life and damage to property and thus endanger health
passengers or crew, property or safety or fluidity
traffic on the waterway,
(c)) in contravention of section 31, paragraph. 2 does not provide notification of the accident led him
the vessel,
d) contrary to section 31, paragraph. 3 swims off with the vessel from the site of the accident,
e) contrary to section 31, paragraph. 3 nedopraví the vessel after the accident to the nearest
shallows or other safe place, or
(f)) leads the vessel to which the leadership does not have the appropriate certificate of competency.
(5) any natural person as the operator of a vessel commits an offence,
that
and the public port) vessel loaded with dangerous goods without
special permit office or in conflict with the terms in it
laid down,
(b)) in contravention of section 9 (2). 2 operates on water vessel
does not correspond to the requirements on safety, the safety of the crew or to the
the safety of passengers and goods, or that threatens the
environment,
(c)) in contravention of section 9 (2). 2 operates on waterway vessel whose
technical competence has not been approved,
(d)) in contravention of section 9 (2). 2 operates on water vessel
It is not recorded in the register or in the similar shipping register,
(e)) at the location specified for the Czech national flag rises in breach of section 16 of the
paragraph. 2 any other flag or emblem, or the use of other flags on
Board at the same time nevztyčí the Czech national flag, or apply a different
flag of larger dimensions than the national flag,
(f)) or the operator does not provide the management of the vessel professionally or disabled
the eligible persons,
g) contrary to § 18 paragraph. 1 operates on water vessel
registration is not fitted with the characters
h) contrary to § 18 paragraph. 1 operates on water vessel
is not equipped with the prescribed shipping documents,
I) in contravention of section 19, paragraph. 1 operates a vessel without the agreed insurance
liability from the operation of the vessel,
j) contrary to section 24, paragraph. 2 operates a vessel with crew
does not meet the conditions of the number and professional composition, or
k) contrary to section 31, paragraph. 2 does not provide notification of the accident operated by it
the vessel.
(6) the leader of a vessel or a natural person as operator of the vessel shall
commits an offence in contravention of Section 32b of the paragraph. 2 does not provide administrators
RIS-related information system to support traffic and transport management
in inland navigation.
(7) for the offense can be fine
to 1 0000 0000 Czk), if the offence referred to in paragraph 5 (a). and) and i),
(b)) to the 500 000 Czk in the case of the offence referred to in paragraph 1 (b). and) and (h)), and
paragraph 5 (a). b), c), (d)), f), and (j)),
(c)) to 100 000 Czk in the case of the offence referred to in paragraph 1 (b). b), c), (d)),
(e)), f) and (g)), paragraph 2 (a). and paragraph 3 (b)). (b)), and (c)), paragraph 4,
paragraph 5 (a). g), (h)), and k) and paragraph 6,
(d)) to 50 000 Czk in the case of the offence referred to in paragraph 2 (a). (b)) and
paragraph 3 (b). and)
e) to 10 000 Czk in the case of the offence referred to in paragraph 1 (b). I), paragraph
3 (b). (d)), and (e)) and paragraph 5 (b). (e)), or
(f)) in the block management to 5 000 CZK in the case of offences referred to in paragraphs 1 and
2, paragraph 3 (b). and), d) and (e)), paragraph 4 (b). and), b), c), (d)), and (e)),
paragraph 5 (a). (d)), e), (f)) and to) and paragraph 6.
(8) the prohibition of activities of up to 2 years can be imposed for the offense under paragraph 3
(a). (b)), and (c)) and pursuant to paragraph 4 (b). (f)).
§ 44
Administrative delicts of legal entities and natural persons-entrepreneurs
(1) Legal or natural person established by the administrative
tort by
and) contrary to section 5 (3). 3 establish a construction on the monitored water way
b) contrary to section 28, paragraph. 2 damaged navigational character or other shipping
equipment located on the waterway,
c) contrary to section 28, paragraph. 2 place, deletes or moves the navigation
the character on the fairway,
(d)) as an operator of the area for the operation of personal watercraft locks in
contrary to section 30a, paragraph. 6 compliance with the conditions of operation of water closer
scooters, boats for sailing in yield or other designated
the implementing legislation or other requirements referred to in
the decision on the delimitation of the area for the operation of personal watercraft,
(e)) as the sender in the carriage of goods by inland waterway
does not mark in violation of § 36 odst. 5 dangerous things, or to the accompanying
record does not connect these characteristics of dangerous goods, the kind of
hazards and measures in case of emergency, or
(f)) or the port operates without consent of the Office.
(2) the administrator of the waterways has committed misconduct by
and) contrary to section 5 (3). 2 nevyznačí monitored water way passed
characters, or
(b)) in the management of transport and major used waterways equips itself with the
contrary to § 23 paragraph. 4 vessels, or navigational objects by radio
the stations.
(3) the operator of a port has committed misconduct by
and) contrary to section 6 (1). 2 breach of the conditions laid down for the operation of the
port nautical Office
b) contrary to section 7 (2). 1 (a). and the water part of the Harbour, nevyznačí),
not intended for public use, in accordance with the instructions of nautical characters
Office,
c) contrary to section 7 (2). 1 (a). (b)) will not allow the operators of vessels
the use of the Harbour when the conditions of traffic in the port,
or
d) contrary to section 7 (2). 2 establish or operates in the port of scrapyard
the vessels.
(4) the operator of a ground of public port commits an administrative
tort that don't conflict with section 23 paragraph. 4 the vessel or
device port radio stations.
(5) the Legal or natural person, operating as an operator
the vessel committed misconduct by
and the public port) vessel loaded with dangerous goods without
special permit office or in conflict with the terms in it
laid down,
(b)) in contravention of section 9 (2). 2 operates on water vessel
does not correspond to the requirements on safety, the safety of the crew or to the
the safety of passengers and goods, or that threatens the
environment,
(c)) in contravention of section 9 (2). 2 operates on waterway vessel whose
technical competence has not been approved,
(d)) in contravention of section 9 (2). 2 operates on water vessel
It is not recorded in the register or in the similar shipping register,
(e)) at the location specified for the Czech national flag rises in breach of section 16 of the
paragraph. 2 any other flag or emblem, or the use of other flags on
Board at the same time nevztyčí the Czech national flag, or apply a different
flag of larger dimensions than the national flag,
(f)) or the operator does not provide the management of the vessel professionally or disabled
the eligible persons,
g) contrary to § 18 paragraph. 1 operates on water vessel
registration is not fitted with the characters
h) contrary to § 18 paragraph. 1 operates on water vessel
is not equipped with the prescribed shipping documents,
I) in contravention of section 19, paragraph. 1 operates a vessel without the agreed insurance
liability from the operation of the vessel,
j) contrary to section 24, paragraph. 2 operates a vessel with crew
does not meet the conditions of the number and professional composition, or
k) contrary to section 31, paragraph. 2 does not provide notification of the accident operated by it
the vessel.
(6) the operator of a water transport has committed misconduct by
and) contrary to section 23, paragraph. 4 radio stations, equips itself with the vessel or
(b)) in violation of § 36 odst. 4 shall apply to the transport of dangerous goods
vessels unfit for this transport.
(7) the operator of a public waterway transport is guilty of misconduct
by
and) contrary to section 35, paragraph. 1 nepřepraví at an agreed price per person, which
It does not accept the request, or for the transport of the consignment at an agreed price, or
b) contrary to section 35, paragraph. 2 disclose the contractual transport conditions,
which operate public transport, timetables, fare, opening day
service or the extent of the lack of barriers.
(8) the Legal or natural person, operating as the operator of a vessel
or Manager of the waterways or the operator the port committed
the administrative tort, contrary to Section 32b of the paragraph. 2 locks
provision of information relating to support traffic and transport management
in inland navigation RIS System Manager.
(9) for the administrative offence is imposed
to 1 0000 0000 Czk), with respect to the administrative offence referred to in paragraph 5 (a). and) and
I) and paragraph 6 (a). (b)),
(b)) to the 500 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). and (e)))
and (f)), paragraph 2 (a). (b) paragraph 3 (b)). and), c) and (d)), paragraph 4,
paragraph 5 (a). b), c), (d)), f), and (j)) and paragraph 6 (a). and)
(c)) to 200 000 CZK in the case of an administrative offence referred to in paragraph 2 (a). and)
paragraph 3 (b). (b)) and paragraph 7,
(d)) to 100 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (b)), (c))
and (d)), paragraph 5 (b). g), (h)), and k) and paragraph 8,
e) to 10 000 CZK in the case of an administrative offence under paragraph 5 (b). (e)).
section 45
(1) a legal person under the administrative tort does not match, if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation.
(2) in determining the amount of the fine, a legal person shall take into account the seriousness of the
the administrative tort, in particular to the way a criminal offence and its consequences, and
the circumstances under which the offence was committed was administrative.
(3) liability of legal persons for the administrative offence shall cease, if the
It has commenced proceedings by the competent authority within 2 years from the date on which it
learned, but not later than 5 years from the day when it was committed.
(4) administrative offences under this law in the first instance hearing
State navigation administration.
(5) The liability for the acts, which took place in the business of physical
person or in direct connection with it, shall be subject to the provisions of this
the law on liability of legal persons and sanctions.
(6) the Fines collected and enforced by the authority, which is saved. Income from fines is
budget, income from which is covered by the activities of the authority, that the fine
saved by.
(7) the financial penalty is payable within 30 days of the date when the decision on its imposition
acquired the authority. ".
34. In section 52, the words "and" shall be deleted, the words "§ 3 (3). 1, section 3, paragraph 3. 2 "
shall be replaced by the words "§ 3 (3). 1 and 2 ", the words" § 10 (1). 1, section 10, paragraph 1.
2, § 10 (1). 3, section 10, paragraph 1. 5 "shall be replaced by the words" § 10 (1). 2, 3, 4,
6 and 10 ", the words" § 11 (1). 1 "shall be replaced by the words" § 11 (1). 2, section 12 of the
paragraph. 4 ", for the words" section 12 paragraph. 4 "is inserted after the words" section 13 (3). 3, "for the
the words "§ 18 paragraph. 2.0 "shall be inserted after the words" § 18 paragraph. 3, ", the words" § 24
paragraph. 1, section 24, paragraph. 2, § 25 paragraph. 1, § 25 paragraph. 3, § 25 paragraph. 5 "
replaced by the words "section 24 paragraph. 1 and 2, § 25 paragraph. 1, 3 and 7, "after the words" § 28
paragraph. 4.0 "shall be inserted after the words" section 30a, paragraph. 9 and 10 ", for the words" § 32 paragraph.
2.0 "shall be inserted after the words" § 32a of the paragraph. 1 and 4, § 32b of the paragraph. 3, section 32 c of paragraph 1. 1
(a). (b), "and the words" § 36 odst. 2, § 36 odst. 4, § 36a, paragraph. 7, § 36a
paragraph. 8 "shall be replaced by the words" § 36 odst. 2 and 4, § 36a, paragraph. 7 and 8 ".
35. In annex 2 section 1:
"1. the water flow of the river Elbe from RKM 987.8 (Canada) after the river km 973.5
(Kunetice) and from RKM 951.2 (lower Weir: lock Přelouč) after the river km
949.1 (2.080 kilometers from the axis of the Weir Přelouč), ".
Article. (II)
Transitional provisions
1. the procedure for the approval of the eligibility of the vessel to operate on the waterway and
on the type-approval of the vessel commenced before the date of entry into force of this
the Act is completed according to the existing legislation and the Office
shall issue a certificate of the vessel according to law No 114/1995 Coll. on Inland
voyage, as effective from the date of entry into force of this Act, if
the vessel meets the safety requirements under law No. 114/1995 Coll.,
inland waterway, as amended by the effective to date of the entry into force of this
the law.
2. the certificate of the vessel, issued before the date of entry into force of this
the law will remain in force after the period for which it was issued. The validity of the
These certificates cannot be after the date of entry into force of this Act
to extend, with the exception of a certificate of small craft, floating devices and
ferries ships.
3. The validity of the decision of the Ministry of transport of the credentials of the person issuing
professional technical expertise according to the existing legislation
expires on the date of entry into force of this law. The provisions of point 1, it is not
prejudice.
4. Personal watercraft and vessels for navigation in yield strength can be run on water
the road defined by historical characters passed legislation
not later than 31 December 2006. December 2009.
PART THE SECOND
The amendment of the law on misdemeanors
Article. (III)
Act No. 200/1990 Coll. on offences, as amended by Act No. 337/1992 Coll.,
Act No. 344/1992 Coll., Act No. 359/1992 Coll., Act No. 67/1993 Coll.
Act No. 290/1993 Coll., Act No. 134/1994 Coll., Act No. 82/1995 Coll.,
Act No. 237/1995 Coll., Act No. 279/1995 Coll., Act No. 289/1995 Coll.,
Act No. 111/1998 Coll., Act No. 168/1999 Coll., Act No. 360/1999 Coll.
Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No. 132/2000 Coll.
Act No. 151/2000 Coll., Act No. 258/2000 Coll., Act No. 361/2000 Coll.
Act No. 370/2000 Coll., the finding of the Constitutional Court declared under no.
52/2001 Coll., Act No. 164/2001 Coll., the Act No. 254/2001 Coll., Act No.
265/2001 Coll., Act No. 273/2001 Coll., Act No. 274/2001 Coll., Act No.
312/2001 Coll., Act No. 6/2002 Coll., Act No. 62/2002 Coll., Act No.
78/2002 Coll., Act No. 216/2002 Coll., Act No. 259/2002 Coll., Act No.
285/2002 Coll., Act No. 312/2002 Coll., Act No. 320/2002 Coll., Act No.
218/2003 Coll., Act No. 274/2003 Coll., Act No. 362/2003 Coll., Act No.
47/2004 Coll., Act No. 436/2004 Coll., Act No. 501/2004 Coll., Act No.
559/2004 Coll., Act No. 585/2004 Coll., Act No. 95/2005 Coll., Act No.
379/2005 Coll., Act No. 392/2005 Coll., Act No. 411/2005 Coll., Act No.
57/2006 Coll., the Act No. 76/2006 Coll., Act No. 80/2006 Coll., Act No.
115/2006 Coll., Act No. 135/2006 Coll., Act No. 181/2006 Coll., Act No.
213/2006 Coll., the Act No. 216/2006 Coll., Act No. 225/2006 Coll., Act No.
226/2006 Coll., Act No. 215/2007 Coll., the Act No. 344/2007 Coll. and act
No 376/2007 Coll., is hereby amended as follows:
1. In section 23, paragraph. 1, point (b)), and (e)) shall be deleted.
Former points (c) and (d))) are renumbered as paragraphs (b) and (c))) and
the letters f) to (j)) is renumbered as subparagraph (d)) to (h)).
2. In section 23 paragraph 2 and 3 shall be added:
"(2) for the offence referred to in paragraph 1 (b). and (e))) can be fine to
5 000 CZK and the offence referred to in paragraph 1 (b). f) to (h)) fine to 10
USD; a ban from six months to one year can be saved for
offence referred to in paragraph 1 (b). (b)), d) and (f)).
(3) in the management of the block can be imposed for the offense under paragraph 1 (b). (f))
and (g)), to a fine of 5 000 Czk. ".
PART THE THIRD
Amendment of the Act on administrative fees
Article. (IV)
In item 40 of the annex to law No. 634/2004 Coll., on administrative fees,
is added to subparagraph (f)), including footnotes, no 34a:
"(f)) of receipt of the delimitation of the area
for the operation of personal watercraft ^ 34a) Czk 1 000
34A) section 30a, paragraph. 2 of Act No. 114/1995 Sb. ".
PART THE FOURTH
The amendment to the law on excise duties
Article. In
In the Act No. 353/2003 SB., on the excise tax, as amended by Act No.
479/2003 Coll., Act No. 235/2004 Coll., Act No. 313/2004 Coll., Act No.
558/2004 Coll., Act No. 693/2004 Coll., Act No. 179/2005 Coll., Act No.
217/2005 Coll., Act No. 377/2005 Coll., Act No. 379/2005 Coll., Act No.
545/2005 Coll., Act No. 310/2006 Coll., Act No. 575/2006 Coll., Act No.
261/2007 Coll., Act No. 270/2007 Coll., Act No. 296/2007 Coll., Act No.
37/2008 Coll. and Act No 124/2008 Coll., section 49, paragraph. 12, the first sentence of the
the words "solely for navigation" shall be replaced by "including the Cruises" and
the words "for" shall be replaced by the word "Cruises".
PART THE FIFTH
The EFFECTIVENESS of the
Article. (VI)
This law shall enter into force on 1 January 2005. January 1, 2009.
Vaidya in the r.
Klaus r.
Čunek in..
