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Water Transport Law

Original Language Title: Vesiliikennelaki

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Water transport law

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
Purpose of the law

The purpose of this law is to contribute to the safety of water transport and to prevent the harm caused by the use of watercraft to the environment, to the environment, to fishing, to public recreational use or to any other general public. Or to the private interest.

In order to promote the safety of water transport and to prevent harm, it is also necessary to comply with the rest of the law.

ARTICLE 2
Scope

This law shall apply to watercraft and their use, as well as to the organisation of channel traffic control services in the Finnish water area and in the Saimaa Canal Area. (22.12.2009)

This law shall apply to commercial shipping vessels in so far as they are not specifically provided for by sea (674/94) Or the Law on the Control of Shipping (370/95) Or any other law.

This law shall apply to recreational craft and watercraft, in so far as they are not specifically provided for in the law on the safety and emission requirements of certain recreational craft (1021/2005) . (5 AUGUST 2005)

ARTICLE 3
Definition

For the purposes of this law, a means of transport and a device intended to support the movement of water in waters and in the waters.

§ 4 (27/05/2015)
Right of access to water

The right to move in the water area is valid, as is the case with the (587/2011) in Chapter 2, Article 3 , subject to this law.

Chapter 2

Provisions concerning the movement of persons

§ 5
General obligations concerning the movement of persons

In each of the waters, a watercraft shall exercise care and care as required by the circumstances and shall act in such a way that he does not make it difficult or interfere with the movement of others in the waters and does not cause any risk or damage; Other or significant or unnecessary harm or disturbance to nature or to the environment, to fishing, to public recreational use or to any other public or private interest.

The driver of a watercraft shall comply with the traffic rules of waterborne transport and the rules, prohibitions and restrictions expressed by means of navigation or light-signalling.

In the case of an emergency service, medical or rescue service, or the driver of a lifeguard, a marine rescue unit or a military vessel, the driver shall be given the necessary care in accordance with the necessary conditions. Derogate from the rules, regulations, prohibitions and restrictions referred to above in internal waters, except for the obligation to evade. If circumstances so require, special sound and light signals should be provided.

ARTICLE 6
General requirements for the driver of a watercraft

The driver of a watercraft shall not act as a person who does not possess the age, ability and skill required in relation to the circumstances.

Registered motorised watercraft shall only be transported by a person who has completed 15 years.

The Transport Safety Agency may, taking into account the size of the craft, the species, the intended use and the area of movement, provide that the driver of a type of watercraft or individual vehicle must have completed 18 years and demonstrated: The information required by the Traffic Safety Agency and the ability to carry a watercraft type or individual watercraft. (22.12.2009)

§ 7
Disposal of a watercraft for another transport

The watercraft shall not be extradited for carriage by a person who does not have the age, ability and skills required by Article 6.

Chapter 3

Provisions on watercraft advice

§ 8
Structure, equipment and condition of watercraft

A watercraft shall be safe from its structure, equipment, shape and other characteristics in all the waters where it is used.

In addition, the watercraft shall be such that it does not cause any significant or unnecessary damage to the environment, to the environment, to fishing, to public recreational use or to any other public or private interest.

§ 9 (22.12.2009)
Requirements for watercraft advice and equipment

The structure of the craft and their engines and equipment and articles may be laid down by the Council Regulation on the prevention of safety, public order or the prevention of environmental pollution. Necessary.

The Transport Safety Agency may provide more detailed technical provisions on the characteristics, structure, quality, quantity, condition and use of watercraft and their engines and equipment.

For specific reasons, the Finnish Transport Safety Agency may grant derogations from the provisions on the structure, engine, equipment and accessories of the craft. In addition, at the request of the organiser, the Agency may grant derogations from the provisions on the structure, equipment and equipment of a watercraft to the watercraft taking part in the event, after ascertaining that: The safety of craft services has been otherwise ensured.

ARTICLE 10 (5 AUGUST 2005)

Paragraph 10 has been repealed by L 5.8.2005/622 .

Chapter 4

Provisions for mobility

ARTICLE 11
Obligation to stop

The watercraft shall be stopped by the Authority, clearly identified by the Authority, as soon as it can be safely done.

Stopping signs are further specified by the Regulation.

ARTICLE 12
Inspection and prevention of watercraft

The driver shall be obliged to comply with the provisions of the Authority's watercraft structure, equipment, condition and documentation, and to permit the seaworthiness of the watercraft and the body and engine The verification of identification data. The inspection by the Authority shall not cause undue damage or harm.

The Authority may prevent or suspend the journey of a watercraft, when there is an obvious risk of an accident, disturbance of public order or threat to the environment.

At the time of the Authority's suspension, the voyage of the watercraft shall be borne by the owner or keeper of the watercraft towed, anchored or washed ashore. Where the owner or the holder is unable to do so without authorisation, the authority shall, as far as possible, take care of the means of transport.

ARTICLE 13
Presentation of documents

The carriage of a watercraft, as well as the documentation of the vehicle and the means of transport and its equipment, shall be kept with the watercraft. In the absence of such a document, the driver of a watercraft shall be obliged, within a reasonable period of time provided by the Authority, to submit a document to the supervisory authority or to any other To the Authority.

ARTICLE 14 (5.8.2005/6)

§ 14 has been repealed by L 5.8.2005/623 .

§ 15
Regional bans and restrictions

The movement of a watercraft may be prohibited for a fixed period or for an indefinite period in a given water area where a prohibition or restriction is considered necessary for the protection of transport, the environment, fishing or other economic activities, or In the interests of recreation or other public interests.

The Transport Agency and other prohibitions and restrictions on prohibitions and restrictions in the field of transport are to be decided by the competent industry, transport and environmental centres. (22.12.2009)

The prohibition or restriction, with the exception of the speed limit, does not apply to the use of watercraft for work or the location of the dwelling, or to the use of a disabled person's watercraft, unless, for a particular reason, Otherwise. For the purpose of carrying out an emergency, medical transport and rescue operation and for other similar reasons, the necessary transport by means of a watercraft shall be allowed despite the prohibition or restriction. The same goes for the military.

ARTICLE 16 (22.12.2009)
Prohibitions and restrictions on the type of watercraft

Where the use of a certain engine-driven watercraft is particularly significant to the environment, to the environment, to fishing or to any other activity, to the public or other public interest, The competent means of life, transport and the environment, or, in the case of a watercraft used for commercial shipping, the Traffic Safety Agency may prohibit or restrict the use of a type of watercraft by region.

§ 17
Processing of language and restriction cases

In order to impose a prohibition or restriction referred to in Articles 15 and 16, a municipality or a member of the municipality or an authority, entity or owner of a water area concerned may be made. The imposition of a ban or restriction may also be initiated by the Transport Agency, the Traffic Safety Agency or the competent industry, transport and environmental centre. (22.12.2009)

Before the prohibition or restriction is imposed, the competent institution of life, transport and the Agency, the Transport Agency or the Safety Agency for Transport shall consult the municipality of whose territory the prohibition or restriction applies, as well as to the authorities, To the communities and to the owners of the water area and to the other parties concerned, the opportunity to be heard. (22.12.2009)

Where a prohibition or restriction is imposed on a proposal by the municipality, it shall be specified in accordance with the proposal, unless a derogation is necessary for reasons of equal treatment or territorial cohesion of the public or for any other specific reason.

ARTICLE 18 (22.12.2009)
Entry into force of the ban and restriction

The competent means of life, transport and the environment, the Transport and Environment Agency, the Transport Agency or the Traffic Safety Agency may order that a prohibition or restriction decision issued by it shall enter into force, in spite of the appeal, in the manner prescribed in the decision after: The decision has been notified. However, the appeal authority may prohibit the implementation of the decision.

§ 19
Labelling of the ban and restriction

The prohibition or restriction is, where possible, significant in the waters affected or close to it. The meaning of the prohibition or restriction on the public highway shall be the colour-holder and the rest of the municipality of which the prohibition or restriction applies.

The prohibition and restriction signals shall be used as water transport markings in accordance with the decision of the Transport Agency. (22.12.2009)

The imposition of signs of prohibition and restriction shall be observed in accordance with the provisions of Chapter 10, Section 5 of the Water Act, on the right of the holder of a public bus to place maritime safety equipment on or on the waterfront. (27/05/2015)

§ 20
Amendment of the prohibition or restriction decision

A prohibition or restriction decision adopted in accordance with Article 15 or Article 16 may be amended if the circumstances in which the decision was taken have materially changed or, if they are subsequently found to have been substantially different from that of the decision, Required. In this case, the provisions of Articles 15 to 19 shall apply mutatis mutandis.

Chapter 5

Miscellareous provisions

ARTICLE 21
Authorisation for competitions and exercises

In addition to the repeated or permanent organisation of competitions or exercises to be carried out on an engine-driven watercraft, the application must be made in the same water area, in addition to the requirements laid down elsewhere in the law, the municipal environmental protection authority Authorisation. However, this authorisation is not required for this purpose in the area or territory reserved for the environment under the environmental protection law (177/2014) For environmental authorisation. (27/06/2015)

The authorisation shall also apply to the organisation of an individual event where relevant environmental damage is expected.

The competent industry, transport and environment centre is responsible for competition or exercise in a multi-municipality area. A competition or exercise to be held in the territory of the Centre shall be granted by the competent industry, transport and environmental centre, in whose territory competition or practice is largely held. (22.12.2009)

The granting of the authorisation referred to in this Article shall be subject to the condition that the event meets the necessary safety requirements and that the operation does not cause undue damage to the environment or to the environment, to fishing, to the general Recreational use or other general interest. Authorisation may only be granted if the owner of the water basin has given its consent. If the water area is common, the consent shall be decided on: (18/08/1989) In accordance with (14.7.2000/691)

However, the promise is not required for the training of fire and sea rescue or for the military or border guards.

§ 21a (22.12.2009)
Organisation of traffic management services

The Transport Agency is responsible for the organisation of the management services. The Transport Agency shall conclude an agreement with a private service provider to provide service providers with a commitment to ensure that channel traffic control services are produced in a specific area.

There must be equal access for all vessels to navigation services.

The provision of guidance services shall comply with the requirements of good administration.

The person involved in the provision of guidance services shall be subject to the provisions of criminal law relating to criminal law in the performance of the tasks directly related to the information service.

§ 22 (7 AUGUST 5/1003)
Appeals appeal

The decision referred to in this Act shall be subject to appeal by the appeal to the administrative court, in accordance with the administrative law (18/06/1996) Provides. Complaint concerning a decision adopted pursuant to Article 15 (2), Article 16 or Article 21 (3) of this Law by the competent industry, transport and the Environment Agency, or Article 15 (2) of the Transport Agency or Article 16 of the Road Safety Agency Shall be dealt with in the administrative court in which the main part of the water area covered by the decision is in the tachograph. Otherwise, the competent administrative court is determined to determine the administrative court's jurisdiction in the jurisdiction of the issuing authority.

The decision on the imposition or modification of the prohibition or restriction referred to in Articles 15, 16 and 20 of the Administrative Court shall be subject to appeal as laid down by the Law on Administrative Law. An appeal against any other decision of the administrative court may be lodged only if the Supreme Administrative Court grants an appeal.

L to 10/2015 Article 22 will enter into force on 1 January 2016. The previous wording reads:

§ 22 (22.12.2009)
Appeals appeal

The decision referred to in this Act shall be subject to appeal to the administrative court, in accordance with the law on administrative law (18/06/1996) Provides. The complaint concerning the decision adopted by Article 15 (2), Article 16 or Article 21 (3) of the Transport and Environment Agency, or Article 15 (2) of the Transport Agency or Article 16 of the Transport Safety Agency, shall be the subject of a complaint. The administrative court in which the main part of the waters covered by the decision is in the tachograph. Otherwise, the competent administrative court is determined to determine the administrative court's jurisdiction in the jurisdiction of the issuing authority.

ARTICLE 23 (22.12.2009)
Control

General surveillance of compliance with this law is a matter for the Transport Agency. As far as the prevention and control of environmental pollution is concerned, general compliance with the law is a matter for the competent industry, transport and the environment within its territory. The use of watercraft in the water area is controlled by the Transport Safety Agency, the Police, the Border Guard and the Customs Department.

§ 24
Penalties

Any deliberate or negligent breach of this law or of any provisions or provisions adopted pursuant to it must be condemned, unless the act in the rest of the law provides for a more severe punishment, On the maritime traffic offence Fine.

Penalty for reckless endangerment of road safety, reckless endangerment of road safety, water traffic congestion, the transfer of a vehicle to a drunk driver and the right to transport of a vehicle Chapter 23 of the Criminal Code Articles 1, 2, 5, 8 and 10. The penalty for any breach of Article 5 of this Act or of any prohibition or restriction of prohibitions or restrictions adopted pursuant to Article 15 or Article 16 of this Act, which is liable to create a risk to the environment, shall be punished. Article 3 of Chapter 48 of the Penal Code Paragraph 4. (30.04.1999/547)

The criminal penalties for certain infringements of certain water transport offences are laid down in the law on infringements of the laws of the Member (206/2010) . (27.8.2010/770)

L to 770/2010 (3) shall enter into force at the date of adoption of the law. The previous wording reads:

In the case of a criminal offence, general obligations concerning the movement in the waters of the waters, the structure, equipment and condition of the watercraft, the obligation to present documents relating to water transport and the regional bans on water transport, and Failure to comply with the provisions on restrictions is governed by the Decree of the State Council pursuant to Article 9 (2) (6) and Article 9 (5) of the Penal Code. (15.07.2005)

ARTICLE 25
Waiver of the measure and notice

Without prejudice to the circumstances, the water traffic offence may be declared inadmissible, without prejudice or punishment.

If the offence appears to be the same as provided for in paragraph 1, the Authority may, without taking any further action, issue a remark to the infringement.

§ 26 (22.12.2009)
Specifications and provisions

The decree of the Council of State lays down traffic rules for waterborne transport and the labelling of watercraft and the control and control of waterborne transport.

The Transport Agency shall lay down provisions on the control and control of waterborne transport, transport rules for waterborne transport and the labelling of watercraft.

§ 27
Entry into force

This Act shall enter into force on 1 July 1996.

This law annuls the boat permit issued on 28 February 1969. (151/69) With its subsequent modifications. However, Article 2 of the Venelin Act and the regulations adopted pursuant to the Transport Act remain in force for the time being. The penalty for breach of the provisions of these Regulations and the provisions adopted pursuant thereto shall be punishable under this law.

Before the entry into force of this Act, measures may be taken to implement the law.

ARTICLE 28
Transitional provision

The prohibition or restriction imposed by the Government or Regional Environment Agency under Article 27 of the Regional Environment Agency shall be valid for that period, unless the decision under this law is amended or repealed.

Similarly, the freedom of the public authority to derogate from certain provisions of Article 3 (a) of the Act on Certain Rules and Provisions, or the prohibition in force in accordance with Article 2 (9) of the Law on Certain Rules and Provisions, , unless the decision under this law is amended or repealed.

THEY 66/96 , LiVM 6/96, EV 87/96, European Parliament and Council Directive 94 /25/EC; OJ L 164, 16.6.1994, p. 15

Entry into force and application of amending acts:

30.4.1999/547:

This Act shall enter into force on 1 October 1999.

THEY 32/1997 , LaVM 24/1998, EV 263/1998

4.2.2000/1021

The entry into force of this Act shall be regulated by law.

THEY 84/1999 , YmVM 4/1999, LaVL 15/1999, HVL 11/1999, MmVL 18/1999, EV 100/1999

14.7.2000/691:

This Act shall enter into force on 1 January 2001.

THEY 198/1999 MmVM 6/2000, EV 70/2000

15.7.2005/598:

This Act shall enter into force on 1 September 2005.

THEY 6/2005 , 12/2005, EV 92/2005

5.8.2005/622:

This Act shall enter into force on 1 October 2005.

The provisions adopted pursuant to Article 10 shall remain in force.

THEY 42/2005 , LiVM 13/2005 EV 73/2005

5.8.2005/623:

This Act shall enter into force on 1 October 2005.

This Act repeals the Water Traffic Code of 20 June 1996 ARTICLE 14 OF THE EC TREATY And the Maritime Government Decision of 14 April 1997 on ship traffic control and support services.

Before the law enters into force, measures may be taken to implement the law.

THEY 33/2005 , LiVM 11/2005, EV 61/2005, European Parliament and Council Directive 2002 /59/EC (32002L0059); OJ L 208, 5.8.2002, p. 10

22.12.2009/12:

This Act shall enter into force on 1 January 2010.

Before the law enters into force, action can be taken to enforce the law.

THEY 208/2009 , No 23/2009, EV 203/2009

27.08.2010/770

The entry into force of this Act shall be regulated by law.

THEY 94/2009 , LaVM 9/2010 EV 84/2010

27.5.2011/595:

This Act shall enter into force on 1 January 2012.

THEY 277/2009 , YmVM 22/2010, EV 355/2010

27 JUNE 2014/549:

This Act shall enter into force on 1 September 2014.

THEY 214/2013 , YmVM 3/2014, EV 67/2014

7 AUGUST 2015/1003:

This Act shall enter into force on 1 January 2016.

In the case of appeals before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.

THEY 230/2014 , LaVM 26/2014, EV 319/2014