Regulation To Ensure Of Inland Waterway Transport

Original Language Title: Verordnung zur Sicherstellung des Binnenschiffsverkehrs

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Inland Waterway Transport Regulation (BinSchSiV)

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Date of departure: 20.01.1981

Full quote:

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

:Modified by Art. 492 V v. 31.10.2006 I 2407

See Notes


(+ + + Text Evidence: 1.2.1981 + + +)

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Input Formula

Based on § 1 (1) No.1 and 2 and 2 (2) no. 2, § § 3 and 5 (1) sentence 1, § 19 (8) and the Section 29 (2) of the Traffic Assurance Act, as amended by the 8. October 1968 (BGBl. In p. 1082), the Federal Government, with the consent of the Federal Council, assigns to
Federal Government, on the basis of the second sentence of Article 5 (1) of this Act, the Federal Government:

First Section

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§ 1 Reporting obligation

(1) Inland ships registered in an inland waterway register of the Federal Republic of Germany more 15 tonnes of water displacement or, in so far as they are used for the carriage of goods, have more than 15 tonnes of carrying capacity and are used on the federal waterways, shall be reported. This does not apply to inland waterway vessels, the
port operations or the maintenance of ports and other ports.
are used only in ferry traffic, or
The owner, in the case of an extermination ratio of the outfitter of the inland waterway ship, is the owner of the service.
(2) Reporting obligation is the owner of the goods. The leader of an inland waterway vessel in use may submit the notification with a liberating effect for the owner or the supplier.(3) The notification shall be sent to the Water and Shipping Directorate, in whose district the inland vessel has its place of origin. It can be reimbursed at any water and shipping department and every water and shipping office. Non-official table of contents

§ 2 Reporting procedure

(1) The message shall be written for each inland vessel in writing, orally or remotely with the following For information:
Name of inland waterway, its official ship number, number and spatial the scope of its ship ' s test or certificate and authority which issued the certificate or certificate,
Name and address of the owner of the Inland waterway ship,
The type and size of inland waterway,
Location of inland waterway in the inland waterway The date of notification and of inland waterway vessels used for the carriage of goods shall indicate whether the inland waterway vessel is empty or loaded,
on the journey or before the date of arrival. (2) A registration certificate shall be issued with a registration number.
(2) The notification shall be accompanied by a registration number. It shall be carried on board and shall, on request, be handed over to the persons responsible for inspection at the request of the inspection. If the report has been reimbursed by telephone or if they have submitted to persons other than the ship's guide, 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 hometown, may oblige individual owners or exporter to have their
to provide supplemental information about the inland ship or
regularly or under certain conditions to report further messages.
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§ 3 empowerment

The Federal Ministry of Transport, Building and Urban Development is authorized by ordinance
set the deadline for the notifications according to § 1,
restricting the circle of inland waterway vessels to be reported,
the contents of the messages (§ 2 para. 1) , or, where necessary because of the continued use of inland waterway vessels, to be extended.
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§ 4 Other notifications

(1) The Water and Shipping Directorate 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 report, on a regular basis or under certain conditions, information on the ship's space, which is managed or covered, by the type, size, use and location of the ship.(2) The supreme or higher administrative authority of the country may require individual owners and owners of ports and transshipment centres to regularly or regularly provide them, or to the authorities designated by them, in particular the water and shipping directorates. under certain conditions, reports on
in their ports and in their ports Transshipment points of inland waterway vessels and their estimated recumbent periods,
the condition and performance of the port and transhipment facilities; and -Facilities.

Second Section
Steering Measures

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§ 5 Authorisation requirement

(1) The Directorate of Water and Shipping can order to ensure the vital traffic that certain inland waterway vessels, starting in their district, which are required to report according to § § § § § 4. 1, subject to authorization. The order may only be made if this is urgently needed because of the traffic situation, particularly in the case of a shortage of inland waterway vessels.(2) Paragraph 1 shall not apply to journeys
on behalf of the Armed Forces as well as the Federal Government and the Federal Government. Countries, including municipalities and municipal associations,
to comply with a law, regulation or administrative disposition Obligation.
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§ 6 Granting, withdrawal and revocation of permission

(1) permission is granted if: vital interests do not stand in the way.(2) Permission may be requested from the owner, equipment supplier or on behalf of the ship's guide. The application shall contain the information specified in section 2 (1) (1) and (2) and shall indicate the nature of the cargo and the destination.(3) Permission may be granted in general or in individual cases. It may be issued for a limited period or with the reservation of revocation, 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 inspection at the request of the inspection. Permission for a single trip can also be issued orally. In this case, proof of authorisation shall be provided by naming the authorisation number notified when the application is submitted.(5) The Water and Shipping Directorate, which has issued the order in accordance with § 5, shall be responsible for granting, withdrawing and revocation of the permit. Non-official table of contents

§ 7 Approval of inland waterway vessels in special cases

(1) The Water and Shipping Directorate can be an inland waterway ship that does not is authorised for transport, in particular because it does not possess a ship test, allow for a limited period of traffic if the use is urgently needed for the purpose of defence and the use of the ship means that there is an unreasonable risk to the vessel on board; is not available for shipping or for shipping.(2) The Water and Shipping Directorate, in whose district the ship has its place of origin, shall also be responsible for the authorisation, in urgent cases also the Water and Shipping Directorate, in whose district the inland waterway is located. Non-official table of contents

§ 8 Measures for the envelope

(1) The owner or owner of a handling facility in a port or a port or a port of The envelope may be required to comply with a certain order in the case of cargo handling and to load and delete it within certain time limits.(2) The owner, supplier or guide of an inland waterway may be obliged to use a certain place in the handling of goods, in the handling of goods and in the equipment of its inland waterway and to comply with a certain maximum period of time.(3) The port authority shall be responsible for the obligations referred to in paragraphs 1 and 2, or, in so far as such is not the case, the port authority. If there is no port control authority, the lower management authority is responsible.

Third section
Final rules

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§ 9 exceptions

This regulation, with the exception of § 7, does not apply to inland waterway vessels owned by the federal government, the federal states, the municipalities and the local government. Community associations stand. This shall also apply in respect of the inland waterway vessels used for them under the Federal Power Act or a contract for use. Non-official table of contents

§ 10 infringements

(1) Who intentionally or negligently
a message
according to § § 1 and 2 para. 1 in conjunction with a legal decree issued on the basis of § 3 or
contrary to a enforceable obligation pursuant to § 2 para. 3 or § 4 para. 1 or 2
, not correct, not fully or not reimbursed in time,
contrary to § 2 para. 2 sentence 2, the registration certificate on board is not carried on board or it does not hand them to the responsible persons for examination,
contrary to a fully-enforceable arrangement pursuant to § 5 (1) sentence 1, a journey without permission or a fully-fledgable edition according to § 6 (3) sentence 2 is not fulfilled,
contrary to § 6 para. 4 sentence 2, the certificate of the permission on board is not carried out or does not hand out the competent persons for examination or
a fully-toed commitment
according to § 8 para. 1 about the compliance of a given order or a certain loading or deletion period, or
according to § 8 para. 2 on the use of a certain place or on compliance with a certain maximum-time period
does not comply,
is committing an infringement in the In accordance with the provisions of Section 26 (1) of the Traffic Protection Act, which was published in the version of the Notice of 3 of the Federal Act on the Law of the Economy in 1954. June 1975 (BGBl. I p. 1313).(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 adopt the administrative act in the cases referred to in paragraph 1 (1) (b), in so far as § 4 (2) is applicable, and the rest of the water and shipping directorate. Non-official table of contents

§ 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 if the Federal Ministry of Transport, Building and Urban Development determines this by means of a legal regulation.(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 pursuant to Article 2 (3) of the Traffic Assurance Act and only if and insofar as this is the case by the Federal Ministry of Transport, Building and Building and urban development by means of legal regulation.