Regulation to ensure inland waterway transport (BinSchSiV)

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BinschSiV

Date of completion: 20.01.1981

Full quote:

" Regulation to ensure inland waterway transport of 20 January 1981 (BGBl. 101), as defined by Article 492 of the Regulation of 31 December 1992. October 2006 (BGBl. 2407). "

Status:

Amended by Art. 492 V v. 31.10.2006 I 2407

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.2.1981 + + +) 

  

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Input formula

Pursuant to § 1 (1) (1) and (2) and (2) and (2) (2), § § 3 and 5 (1) sentence 1, § 19 (8) and § 29 (2) of the Traffic Assurance Act) in the version of the notice of 8. October 1968 (BGBl. 1082), the Federal Government, with the consent of the Federal Council,
on the basis of § 5 (1) sentence 2 of this Act the Federal Government:

First section
Notifications

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§ 1 Reporting obligation

(1) inland waterway vessels registered in an inland waterway register of the Federal Republic of Germany, more than 15 tonnes of water displacement or, in so far as they are used for the carriage of goods, more than 15 tonnes of carrying capacity and on the federal waterways shall be reported. This shall not apply to inland waterway vessels which:

1.

serve the port operations or the maintenance of ports and other waters,

2.

is used exclusively in ferry traffic, or

3.

have been used for use by a third party by means of a notice of performance or provision pursuant to Section 36 of the German Federal Act on Performance.

(2) Reporting requirements shall be borne by the owner, in the case of an outfitter ratio of the outfitter of the inland waterway. The guide of an inland waterway in use may issue the notification with a liberating effect for the owner or the supplier. (3) The report shall be sent to the Water and Shipping Directorate, in whose district the inland waterway vessel shall be located. Hometown has. It can be reimbursed at any water and shipping department and every water and shipping office. Unofficial table of contents

§ 2 Reporting procedure

(1) The notification shall be reported for each inland waterway vessel in writing, orally or by telephone, with the following information:

1.

the name of the inland waterway vessel, its official vessel number, number and territorial scope of its ship ' s test or certificate and authority which has issued the certificate or certificate;

2.

the name and address of the owner of the inland waterway;

3.

the nature and size of the inland waterway;

4.

the location of the inland waterway vessel at the time of notification and of inland waterway vessels used for the carriage of goods, indicating whether the inland waterway vessel is empty or loaded;

5.

in the case of inland waterway vessels sailing or before departure, the driving destination and the estimated time of arrival.

(2) A registration certificate shall be issued with a registration number on the notification. It shall be carried on board and shall, on request, be handed over to the persons responsible for the inspection at the request of the inspection. If the report has been reimbursed by telephone or if the person other than the ship's guide has been made available, proof of the notification can be provided on board until the registration certificate has been received by the registration number. (3) If and to the extent necessary for the continued use of the inland waterway, the Water and Shipping Directorate, in whose district the inland waterway has its place of origin, may oblige individual owners or exporter to:

1.

to provide supplementary information on the inland waterway vessel; or

2.

periodic reports or, subject to certain conditions, any further notifications.

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§ 3 authorizing

The Federal Ministry of Transport, Building and Urban Development is authorized to do so by means of a legal regulation

1.

to set the time limit for the notifications in accordance with § 1,

2.

restrict the circle of inland waterway vessels to be reported,

3.

to restrict the content of the notifications (section 2 (1)) or, in so far as this is necessary because of the continued use of the inland waterway vessels, to expand.

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§ 4 Other notifications

(1) The Directorate of Water and Shipping may require individual persons and associations of persons, as well as facilities for the purposes of inland waterway transport on the federal waterways, in particular transport centres, to be regularly or under (2) The supreme or higher administrative authority of the country may own individual owners and owners of the vessel. (2) The Require ports and transshipment centres to give them or to the to report regularly, or under certain conditions, to the authorities, in particular the water and shipping directorates,

1.

the inland waterway vessels located in their ports and at their transshipment points, and their estimated recumbering periods,

2.

the state and performance of the port and transhipment facilities and facilities.

Second section
Steering measures

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§ 5 Authorisation

(1) The Directorate of Water and Shipping may order, in order to ensure vital transport, that certain inland waterway vessels which are subject to the obligation to notify pursuant to § 1 in their district must be permitted to travel. The order may only be issued if this is urgently required due to the traffic situation, particularly in the case of a shortage of inland waterway vessels. (2) Paragraph 1 shall not apply to journeys

1.

on behalf of the armed forces and the authorities of the Federation and of the Länder, including the municipalities and municipal associations,

2.

in order to comply with an obligation based on law, decree law or administrative disposition.

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§ 6 Grant, withdrawal and revocation of permission

(1) permission shall be granted if vital interests are not in conflict. (2) permission may be requested from the owner, equipment supplier or on behalf of the ship's guide. The application shall contain the information in accordance with § 2 (1) (1) and (2) and shall indicate the nature of the cargo and the destination. (3) The permit may be granted in general or for the individual case. It may be issued on a temporary basis or subject to the reservation of withdrawal, and may be subject to conditions. (4) A certificate shall be issued on the permit. It shall be carried on board and shall, on request, be handed over to the persons responsible for the inspection at the request of the inspection. Permission for a single trip can also be issued orally. In this case, proof of permission shall be provided by naming the authorisation number notified when the application is submitted. (5) The Water and Shipping Directorate shall be responsible for granting, withdrawing and revocation of the permit, who have issued the order in accordance with § 5. Unofficial table of contents

Section 7 Approval of inland waterway vessels in special cases

(1) The Directorate of Water and Shipping may, in particular because it does not have a ship test, authorise a inland waterway vessel which is not authorised for circulation, if the use is urgently required for defence purposes; and the use of the ship does not pose an unacceptable risk to the persons on board and to shipping. (2) The water and shipping directorate in whose district the vessel has its place of origin is responsible for the authorisation, in urgent cases, also the water and shipping directorate in whose district the inland waterway vessel. Unofficial table of contents

§ 8 Measures for the envelope

(1) The owner or owner of transhipment facilities in a port or a transhipment point may be obliged to comply with a certain order in the case of a cargo handling and to load and delete it in certain periods. (2) The owner, The supplier or guide of an inland waterway can be obliged to use a certain place in the handling of goods, in the handling and in the equipment of its inland waterway and to comply with a certain maximum period of time. (3) the obligations referred to in paragraphs 1 and 2 shall be the port authority or, as far as a It does not exist, the Port Authority. If there is no port inspection authority, the lower management authority shall be responsible.

Third Section
Final provisions

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§ 9 Exceptions

This Regulation, with the exception of § 7, shall not apply to inland waterway vessels which are owned by the Federation, the Länder, the municipalities and the municipal associations. This shall also apply in respect of the inland waterway vessels used for them under the Federal Power Act or a contract for use. Unofficial table of contents

§ 10 infringements

(1) Who intentionally or negligently

1.

a message

a)

in accordance with § § 1 and 2 (1) in conjunction with a legal regulation issued pursuant to section 3 or

b)

contrary to a fully-enforceable obligation pursuant to § 2 (3) or § 4 (1) or (2)

not reimbursed, not correct, not fully or in good time,

2.

Contrary to the second sentence of Article 2 (2), the certificate of registration on board is not carried out or the person responsible for the examination is not handed over to the examination,

3.

contrary to a fully-enforceable arrangement pursuant to § 5 (1) sentence 1, carry out a journey without permission or does not fulfil a fully-fledgable condition pursuant to section 6 (3) sentence 2,

4.

Contrary to the second sentence of § 6 (4), the certificate of the permit on board is not carried out by the person or the person responsible for the examination is not handed over or

5.

a enforceable obligation

a)

pursuant to Section 8 (1) of the European Parliament, concerning the observance of a certain order or a certain period of loading or deletion, or

b)

in accordance with Section 8 (2) on the use of a given place or on compliance with a certain maximum period of time

does not comply,

is an infringement within the meaning of Section 26 (1) of the Traffic Assurance Act, which, according to the Economic Criminal Law of 1954, as amended by the Notice of 3 June 1975 (BGBl. (2) In the cases referred to in paragraph 1 (1) (b), the competent administrative authority within the meaning of Section 29 (2) of the Traffic Protection Act shall be the competent authority to apply the provisions of Section 4 (2) and the Landesbehörde (Landesbehörde), which shall: In addition, the Directorate-General for Water and Shipping has adopted a management act. Unofficial table of contents

Section 11 Entry into force

(1) This Regulation shall enter into force on the first day of the calendar month following the announcement. (2) The first section and section 10 (1) no. 1 and 2 shall apply when the Federal Ministry of Transport, Building and Urban Development shall do so by: (3) The second section and section 10 (1) no. 3 to 5 may only be applied in accordance with Article 80a of the Basic Law, and only if and in so far as this is the case, in accordance with Article 80a of the Basic Law. Federal Ministry of Transport, Building and Urban Development is governed by a legal regulation.