Regulation To Ensure Of Inland Waterway Transport

Original Language Title: Verordnung zur Sicherstellung des Binnenschiffsverkehrs

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Regulation to ensure of the inland waterway transport (BinSchSiV) BinSchSiV Ausfertigung date: 20.01.1981 full quotation: "regulation to ensure of the inland waterway transport of 20 January 1981 (BGBl. I p. 101), by article 492 of the Decree of 31 October 2006 (BGBl. I S. 2407) is changed" stand: amended by art. 492 V v. 31.10.2006 I 2407 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from) : 1.2.1981 +++) input formula on the basis of § 1 para 1 Nos. 1 and 2, and para. 2 No. 2, sections 3 and 5 para 1 sentence 1 and § 19 para 8 of section 29 No. 2 of the safe position act as amended by the notice of October 8, 1968 (BGBl. I p. 1082) the Federal Government with the consent of the Federal Council, on the basis of § 5 para 1 sentence 2 of this Act enacted the Federal Government : First section messages section 1 notification (1) inland waterway vessels, which in a domestic ship register of the Federal Republic of Germany enrolled, more than 15 ton displacement or, insofar as they serve the carriage of goods, more than 15 tons capacity have and used on the Federal Water Street, are to be reported. This does not apply to inland waterway vessels 1 serve the port operation or the entertainment of the ports and other waters, 2 only in the ferry service used or 3 through a performance or deployment decision have been taken under section 36 of the federal power Act for a third party for use in the claim.
(2) subject is the owner, supplier ratio of suppliers of comply. The leader of a deployed comply can deliver the message with discharging effect to the owner or supplier.
(3) the message can be set, in whose district the barge has his hometown on the waterways and shipping Directorate. She can at each water and shipping Directorate and any water and shipping authority will be refunded.

§ 2 registration procedure (1) is the message for each barge to refund in writing, orally or by telephone with the following information: 1. name of the comply, his official ship number and spatial scope of his vessel certificate or his certificate and authority which has issued the certificate or certificate, 2. name and address of the owner of the comply, 3. kind and size of comply, 4. location of the notification as well as inland waterway comply , that the goods serve, indication, and the estimated time of arrival if the barge is empty or loaded 5 when in drive or standing before the departure of the inland waterway, the destination.
(2) concerning the notification issued a certificate of registration with a registration number. It is to carry on board and handed over to the persons responsible for control at the request of the audit. The message is been refunded by telephone or they gave other people as the skipper, the proof of the message can be provided up to the entrance of the registration certificate on board by the naming of the registration number.
(3) if and as far as this ways also use of the comply is required, can the waterways and shipping Directorate in whose district, the barge has his hometown, commit individual owner or supplier, to make her complementary 1 concerning the inland waterway or reimburse regularly or more under certain conditions messages 2.

§ 3 authorization the Federal Ministry for transport, building and urban development shall be empowered by regulation 1 the deadline for the notifications referred to in paragraph 1 set, 2. to limit the circle of inland waterway vessels are obliged to report, 3 the content of the messages (§ 2 para 1) restrict or, as far as this because of the further use of inland waterway vessels is needed, to expand.

Other messages (1) which can waterways and shipping Directorate commit individuals and associations as well as facilities that serve purposes of inland navigation on the waterway of the Federal, especially transport units, § 4, it regularly or under certain conditions farmed messages about which of these or collected tonnage by type, size, usage and site to refund.
(2) the Supreme or higher administrative authority in the country can individual owners and owners of ports and transhipment sites commit them or the authorities designated by them, especially the waterways and shipping directorates regularly or under certain conditions to repay messages about 1 the lying at their ports and their transhipment sites inland and their expected waiting times, 2. the State and the performance of the port and terminals, and facilities.
Second section control measures article 5 permission required (1) can the waterways and shipping Directorate to ensure the vital transport order, require specific, beginning in their district tours of inland waterway vessels, which are subject to the notification referred to in § 1, the permission. The arrangement may only be issued if this is urgently necessary due to the traffic situation, especially with a lack of barges.
(2) paragraph 1 does not apply for trips 1 on behalf of the armed forces, as well as the authorities of the Federal and State Governments including the municipalities and municipal associations, 2. to comply with a law, regulation, or official available based obligation.

§ 6 granted grant, withdrawal and revocation of permit (1) which will permit, if vital interests are not opposed.
(2) the permission may be requested by the owner, supplier or on its behalf by the skipper. The application has to contain no. 1 and 2 article 2, paragraph 1 and the type of cargo and the destination to call according to the.
(3) the permit may be granted in general or for particular cases. She can be temporary or granted with the proviso of cancellation and linked with conditions.
(4) relating to the approval, a certificate is issued. It is to carry on board and handed over to the persons responsible for control at the request of the audit. The permission for a single journey may be granted also by telephone. In this case, proof of permission by naming the permit number provided in the application is to provide.
(5) the waterways and shipping Directorate enacted pursuant to section 5 of the arrangement is responsible for the issuance, redemption and the revocation of the permit.

§ 7 admission of inland waterway in special cases (1) the waterways and shipping Directorate a barge that is approved, in particular, because it has no certificate, not to the traffic limited to the traffic allow, if the usage for purposes of defence is urgently needed and does not exist an unreasonable danger for the persons on board and the navigation through the use of the vessel.
(2) the water and Directorate of shipping, in whose district the ship has its home town, also the waterways and shipping Directorate, the barge is in urgent cases in which district is responsible for the approval.

Section 8 may be required measures for the handling of (1) the owner or owners of terminals in a port or a transshipment point, to follow a certain order goods and in certain periods to download and delete.
(2) the owner, outfitter or guide of a comply, may be required to use a certain place goods, the handling and the equipment of his comply and to comply with a certain maximum time.
(3) after the port authority is responsible for the obligations to paragraphs 1 and 2 or, as far as such does not exist, the port authority. There is also no port authority, the lower administrative authority is responsible.
Third section concluding provisions § 9 exceptions this regulation does not apply to inland waterway vessels, which are owned by federal, the States, the municipalities and the municipal associations with the exception of § 7. This is true also with regard to the inland waterway vessels made for them on the basis of the federal power act or contract for use in the claim.

§ 10 offences (1) who intentionally or negligently 1 a message a) §§ 1 and 2 para 1 in conjunction with one on the basis of § 3 adopted legal regulation or b) contrary to an enforceable obligation according to § 2 paragraph 3 or article 4, paragraph 1 or 2 not, incorrectly, incompletely or not timely paid, 2. contrary to article 2, paragraph 2, sentence 2 is not carrying the registration certificate on board or she not provide competent persons to check , 3. contrary to an enforceable order according to § 5 para 1 sentence 1 performs a drive without permission or an executable Edition according to § 6, paragraph 3, sentence 2 is not met, 4 contrary to section 6, paragraph 4, sentence 2 that not carrying proof of permission to Board or not provide competent persons for consideration or 5. an enforceable obligation of a) under section 8(1) of the compliance with a specific order or a specific load or delete period or b) after section 8 para 2 above a specific course or does not meet compliance with a certain maximum time,.

commits an infringement within the meaning of § 26 No. 1 of the safe position Act, according to the economic criminal law in 1954 as amended by the notice of June 3, 1975 (Federal Law Gazette I p. 1313) will be punished.
(2) competent administrative authority within the meaning of § 29 No. 2 of the safe Status Act is in the cases of paragraph 1 No. 1 letter b, as far as section 4 paragraph 2 is to apply, and number 5 the land authority which has issued the administrative act, in the other the waterways and shipping Directorate.

Article 11 entry into force (1) this regulation enters into force on the first day of the calendar month following the announcement.
(2) the first section and § 10 para 1 Nos. 1 and 2 are to apply if the Federal Ministry of transport, building and urban development determined this by Decree.
(3) No. 3 to 5 may in accordance with § 2 para 3 of the safe position Act the second section and article 10, paragraph 1, only in accordance with article 80 of the basic law and only then to be applied if and insofar as this determines the Federal Ministry for transport, building and urban development Ordinance.