Regulation On The Operation Of Radio Equipment On Vhf In The Inland Waterways And The Acquisition Of Vhf Radio Certificate For Inland Navigation Radio

Original Language Title: Verordnung über den Betrieb von Sprechfunkanlagen auf Ultrakurzwellen in der Binnenschifffahrt und den Erwerb des UKW-Sprechfunkzeugnisses für den Binnenschifffahrtsfunk

Read the untranslated law here: http://www.gesetze-im-internet.de/binschsprfunkv_2003/BJNR456900002.html

Regulation on the operation of radio equipment on VHF in the inland waterways and the acquisition of VHF radio certificate for inland navigation radio (inland navigation radio regulation BinSchSprFunkV) BinSchSprFunkV Ausfertigung date: 18.12.2002 full quotation: "inland navigation radio regulation of 18 December 2002 (Federal Law Gazette I p. 4569;)" (2003 I S. 130), last by § 38 paragraph 6 of regulation of 16th December 2011 (BGBl. 2012 I S. 2) is changed "stand: last amended by § 38 paragraph 6 V v. 16.12.2011; 2012 I find 2 more information on the stand number in the menu under references § 3 par. 2 and 3 of this regulation serves the implementation of Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity (OJ EC No. L 91, p. 10).
Footnote (+++ text detection from: 1.1.2003 +++) (+++ official note of the standard authority on EC law: implementation of EGRL 5/99 (CELEX Nr: 399 L 0005) +++) input formula prescribed the Federal Ministry for transport, building and housing to bottom - section 3, paragraph 1 No. 4 and 6 and paragraph 4 also in conjunction with subsection 6 of the inland waterway transport task act as amended by the notice of 5 July 2001 (Federal Law Gazette I S. 2026) , - section 4 paragraph 2 of the inland waterway transport task Act in conjunction with the 2nd section of the administrative expenses Act of 23 June 1970 (Federal Law Gazette I p. 821) in agreement with the Federal Ministry of Finance: article 1 common provisions article 1 scope this regulation lays down 1 the mobile FM radio service for ship stations on inland waterways of zones 1 to 4;
2. the acquisition of a VHF radio certificate for inland navigation radio (VHF radiotelephony certificate (UBI)).

Article 2 definitions for the purposes of this regulation are 1 waterways of zones 1 to 4: the Federal waterway pursuant to annex I of the inland waterway vessel inspection regulations from December 6, 2008 (Federal Law Gazette I S. 2450) in the currently valid version.
2. vessels: Vessels including small cars and ferries as well as floating units, floats and sea-going vessels;
3. inland navigation radio: International mobile FM radio service between country radio stations and ship radio stations or ship radio stations on inland waterways, which includes following traffic circuits: a) ship - b) nautical information, c) ship - port authority, d) radio communications on board, e) public message exchange;
4. radio equipment: ship station on board a vehicle; She can consist of multiple radios;
5. regional agreement: the regional agreement on inland waterways of 6 April 2000 (BGBl. II p. 1213);
6. inland waterways Handbook: the issued by the Central Commission for navigation on the Rhine in Strasbourg and by the Danube Commission in Budapest together according to the resolution No. 1 of the regional arrangement and there laid down manual inland waterways including the regional parts of the Federal Ministry for traffic, construction and city development each known made current version;
7 country radio station: fixed radio station of inland waterway transport communications;
8 ship radio station: mobile radio station of inland navigation radio, located on board a vehicle that is not permanently moored.
2 principles (1) section operating instructions section 3 when a ship radio station, the radio service may only in accordance with the regional arrangement and guide for inland waterways will be carried out.
(2) the VHF channels of the public ship - ship, ship - port authority and radio communications on Board may only be used when doing the output power of the transmitter is automatically limited to a value between 0.5 Watt and 1 Watt. The power output to a value between 6 Watt and 25 watt must be set in the FM channels in the traffic circle nautical information.
(3) all fixed and portable radio equipment must have an automatic transmitter identification system in the inland waterway transport (automatic transmitter identification system (ATIS)) have.

§ 4 permission (1) who wants to use a ship station or supervise on inland waterways of zones 1 to 4, requires a permit of the competent authority under this regulation. It is valid indefinitely. Competent authority is the body of the water and shipping administration for transport technologies for the water and shipping authority Koblenz.
(2) this permission is detected by a VHF radiotelephone operator's certificate (UBI (Appendix 1)).
(3) no permission is required the holder of 1 FM radio certificate officially recognised (UBI (Appendix 2)), 2 by a contract management of the regional agreement on the basis of this Agreement issued VHF radiotelephony certificate for inland waterways, entitled 3 the competent authority of recognised and valid radio certificate, 4 radio certificate which has been issued before the entry into force of this regulation and to participate in the inland navigation radio.

§ 5 special duties in the public ship - ship, nautical information and ship - port authority may be transmitted only news, related to the protection of human life, the trip or the safety of vehicles.
3. section acquisition of the permit; Radio communication certificates section 6 must requirements for the acquisition of the permit of the applicant for the licence have reached the age of 15 and demonstrated the required qualification in an exam.

Article 7 examination requirements (1) the applicant has to address the request for admission to the examination and granting permission with the following information to the competent authority of the Audit Committee: 1 family name, 2. maiden name, 3. given name, 4th day and place of birth, 5. address.
(2) the application shall be accompanied by: 1. a copy of the valid passport or national identity card, 2. two same passport photos from more recent times.
(3) the applicant will be admitted to the examination, if 1 demonstrated the minimum age (art. 6) and the fee (§ 16) are entered into 2nd.
By way of derogation set a candidate be allowed to also three months before reaching age 1 No. 1 for testing.

§ 8 examination committees (1) which is the competent authority audit committees a and ordered its Chairman, Deputy and investigator. You make known the locations of their audit committees in the transport journal.
(2) any examiner must have at least about the General operating certificate for operators (ABZ), the General radio operation certificate (LRC) including the permission to participate in the inland navigation radio or the General radiotelephone operator's certificate for the amateur radio service.
(3) an Audit Committee is near the water police school in Hamburg.

Section 9 has examination (1) the candidate in an examination in accordance with the test programme (Appendix 3) to prove that he has 1 of sufficient knowledge of the rules governing participation in the inland navigation radio, as well as the necessary operational and technical knowledge to the proper operation of the radio equipment (theoretical part) and 2nd to their practical application is capable (practical part).
(2) the Chairman of the Audit Committee or its delegate determines the date of examination and appoints the examination Board, consisting of three Auditors. The examination Board decreases the examination.
(3) the Chairman of the examination Board opened the investigation. It is carried out in accordance with annex 4. The exam is passed only by unanimous decision of the examination Board. Over the course of the audit, a transcript is to record.
(4) the applicant in assessing demonstrated the ability to participate in the inland navigation radio and to the proper operation of the radio system, permission is granted him by issuing a perpetual valid VHF radio certificate (UBI) according to the model of annex 1.
(5) the candidate does not pass a part of the examination he can tell this part of the examination at the earliest after two weeks and at the latest after six months.
(6) the holder of a 1 issued after entryinto force of ofthis regulation general operating certificate for operators (General operator's certificate (GOC)), 2 limited valid operating certificate for operators (restricted operator's certificate (ROC)), 3 FM operating certificate for Funker (UBZ), General radio operation certificate (Long range Certificate (LRC)) 4, 5. valid radio operation certificate (Short range Certificate (SRC)) are limited acquire the permission from the testing of knowledge and free skills, which they have already demonstrated with the testimony.
(7) (lapsed) § 10 granted without examination upon presentation of one in § 4 para 3 No. 3 and 4 mentioned certificates or a certificate recognised by the competent authority of one of the successfully dropped exam to participate on the inland navigation radio grants the competent authority of the holder at the request without review permission and issuing a VHF radio certificate (UBI).

§ 11 spare copy is a VHF radio certificate (UBI) or a radio certificate according to § 4 para 3 unusable No. 4, lost or otherwise lost, the competent authority on request a replacement copy issues, which is to be marked as such. Degraded or again found evidence is to deliver to the competent authority.

§ 12 withdrawing (1) competent authority must withdraw a permission if the owners demonstrably violated 1 in to be a dangerous way provisions on inland waterways or 2.
to properly participate in the inland navigation radio no longer is able, in particular no longer has adequate hearing or communication skills or sufficient Visual acuity; the competent authority may request the submission of medical certificates in cases of doubt.
(2) the authority may revoke a permit if 1 the owner demonstrably violated in gross way provisions on inland waterways, 2. when the holder evidence have been identified, that he is no longer able to properly participate in the inland navigation radio.
In these cases the competent authority may waive the withdrawal, if the person concerned again successfully take a test. This test is limited to the knowledge and skills to Appendix 3 have been returned.
(3) the permit shall expire with the withdrawal. VHF radiotelephone operator's certificate (UBI) is to deliver without delay to the competent authority; This is true even if contested the revocation of permit and ordered the immediate enforcement of the withdrawal.
(4) the competent authority can bind which renewed the licence on the terms and conditions for the withdrawal.
(5) the competent authority shall immediately withdrawing the permit the water police of the countries, provided that the holder of the VHF radio certificate (UBI) has not complied with his obligation pursuant to paragraph 3.
(6) the water police of the countries share with the competent authority the facts known to them, which can justify a withdrawal.
(7) paragraphs 1 to 6 shall apply no. 4 for references according to § 4 para 3.
(8) in the cases of paragraphs 1 and 2, the competent authority may holders of certificates according to § 4 para 3 No. 2 and 3 which prohibit the operation of a ship station or marine radio site on the waterways of in zones 3 and 4. You shall notify immediately the ban of the authority that issued the certificate.

Article 13 information the competent authority may the stored personal data from the directory through it in about the granted permissions, insofar as this is necessary for the purpose of performing administrative tasks according to the inland navigation task law or on the basis of this Act or of the sea task law of adopted legislation on services of the water and shipping administration of the Confederation, the water police of the countries and the regulatory authority for postal services and telecommunications 1 as well as to the audit committees , 2. prosecution of criminal offences, which are linked to the ship traffic, submit to courts, public prosecutor's offices, departments of the police of the countries and the Federal Criminal Police Office as a law enforcement agency, 3. prosecution of offences in the field of shipping to courts, public prosecutor's offices, departments of water and shipping administration of the Federal Government and the police forces of the countries.

§ 14 officially recognised VHF radiotelephony certificate (UBI) the officially approved VHF radiotelephone operator's certificate (UBI) is after the pattern of the Appendix 2 issued by audit committees of the German motor yacht Association e. V. and the German Sailing Association e. V.. Apply the § § 6, 7 para 2, 3 set 2, § 8 para 2, § 9 para 1 to 3, 5 to 7, and by analogy with application of article 7 para 1, § 9 section 4, sections 11 to 13. The competent authority can prohibit the aforementioned bodies issuing the officially approved VHF radio certificate (UBI) If facts justify the assumption that they, their audit committees, or their auditors have reviewed or gross legal violation of the provisions of the set of 2.
4 section final provisions article 15 is administrative offences any person in the sense of § 7 para 1 of the inland waterway transport task law, who intentionally or negligently 1 contrary to section 3, paragraph 2, sentence 1 or 2 uses an FM channel, a ship station or marine radio site operated 2 without permission in accordance with article 4, paragraph 1, 3. violates article 5 other messages delivered, 4. contrary to section 11, sentence 2 or contrary to article 12, paragraph 3, sentence 2 , also in connection with article 14 sentence 2, a testimony not or not timely delivered or 5 contrary to an enforceable prohibition according to article 12, paragraph 8, sentence 1 uses a ship station or marine radio site.

§ 16 - Article 17 - article 18 entry into force, expiry this regulation enters into force on 1 January 2003.

Appendix 1 (to § 4 paragraph 2, § 9 para 4) FM radiotelephone operator's certificate for inland waterways site of the original text: BGBl. 2002 I, 4575 (content: not adapted pattern of a VHF radio certificate) Appendix 2 (§ 4 para 3 No. 1, § 14) FM radiotelephone operator's certificate for inland waterways site of the original text: BGBl. 2002 I, 4576 (content: not adapted pattern of a VHF radio certificate) Appendix 3 (to section 9 para 1) inspection program site of the original text : BGBl. I 2002, 4577-4578 number exam FM radiotelephone operator's certificate for the inland navigation radio (UBI) exam for holders of ROC, GOC, UBZ, LRC, and SRC A. theoretical knowledge on inland waterways 1 knowledge and essential characteristics of inland navigation radio 1.1 public X X 1.1.1 ship - ship X 1.1.2 nautical information X X 1.1.3 ship - port authority X X 1.1.4 radio communications on board X X 1.1.5 of public message exchange X X 2 precedence and types of transport in inland navigation radio 2.1 emergency , Emergency - and security transportation X X 2.2 routine talks X 2.3 confirmation messages X 2.4 instructions by country radio stations X X 2.5 talks of social content X X 2.6 experimental broadcasts X 3 radio stations in inland navigation radio 3.1 ship radio stations X X 3.2 country radio stations X X 3.3 portable radio equipment X X 3.4 marking of the stations of X X 3.5 radio equipment mandatory X X 3.6 frequency allocation X X 4. basic knowledge of frequencies and their use 4.1 propagation of VHF (FM/VHF) X 4.2 allocation of VHF channels in the inland navigation radio
X X 4.3 operating modes duplex, simplex, semi-duplex X 4.4 digital selective calling (DSC) X 4.5 two-channel monitoring (dual watch) X 4.6 limit of the power X X 5 automatic transmitter identification system (ATIS) 5.1 formation of ATIS number X X 6 basic knowledge about regulations and publications concerning inland waterways 6.1 supervision of the ship radio station X 6.2 secrecy and interception ban X 6.3 manual inland waterways X X 6.3.1 of general part X X 6.3.2 regional parts X 6.4 regional agreement on inland waterways X 6.5 languages in the inland navigation radio X X 6.6 recommended phrases for the trip X X 7 technical knowledge 7.1 current, voltage and power X 7.2 antennas X as practical knowledge and skills for operating a ship radio station 1 practical knowledge 1.1 VHF radios X 1.2 default X 1.3 channel selection X 1.4 power X 1.5 squelch control (squelch) X 2. settlement of the inland navigation radio 2.1 emergency traffic X 2.2 urgency traffic X X 2.3 security transportation X X 2.4 routine conversation X 2.5 test broadcasts X 3. General form of service of inland navigation radio 3.1 call to a radio station X 3.2 responding to calls X 3.3 call at all stations X Appendix 4 (to § 9 para 3) rules for the course of the test site of the original text: BGBl. 2002 I, 4579 1.
Candidates must be requested before the exam begins by presenting the identity card or passport.
2. the applicant resigns during an exam in others as a compelling health reasons, the examination is considered fail.
3. unauthorized AIDS, such as books, calculators and similar or foreign aid may not be used in the examination. A deception attempt the exam is considered to fail; This also applies to already successful parts of the exam. The Chairman has prior to commencement of the trial to educate the candidate about the consequences of a deception attempt.
4. written exam proof of sufficient knowledge of the rules governing participation in the inland navigation radio, as well as the necessary to the proper operation of the radio equipment operational and technical knowledge by answering a questionnaire, where at least 80 percent of the possible number of points must be achieved.
The processing time for a questionnaire from the catalog of questions, which will be made known in the transport journal is 60 minutes.
5. practical exam error-free distribution of emergency - and urgent - or security messages according to the requirements of a text in German, using the Buchstabiertafel in less than five minutes.
Error-free recording of emergency - and urgent - or security messages in German language in less than five minutes.
Practical exercises in the inland navigation radio under the application of the Buchstabiertafel; Procedures in emergency, emergency - and security cases.
Operation of the radios of a ship radio station.
The test duration should not exceed 2 to 3 tasks - each applicant 15 minutes -.
6. the test is passed if the applicant in all parts of the examination has proven skills and knowledge listed in Appendix 3.