Inland waterway goods access regulation (Article 1 of the Regulation on access to the occupation of operator in national and international inland waterway transport) (BinSchZV)

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BinSchZV

Date of completion: 30.09.1992

Full quote:

"Inland Waterway Goods" Regulation (Article 1 of the Regulation on access to the occupation of entrepre in national and international inland waterway transport) of 30 September 1992 (BGBl I). 1760), as defined by Article 1 of the Regulation of 30 June 2008. October 1997 (BGBl. 2622).

Status:

Amended by Art. 1 V v. 30.10.1997 I 2622

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.1994 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 EWGRL 540/87 (CELEX Nr: 387L0540) + + +) 

  

The V was based on d. § 35d Inland waterway transport G idF d. Bek. v. 8.1.1969 I 65, d. I 2579 inserted by G v. 5.12.1990 I 2579, and on the basis of d. § 4 Inland Waterway Task, idF d. Bek. v. 4.8.1986 I 1270 issued by the Federal Minister of Transport in agreement with the Federal Minister of Finance. It occurs gem. Art. 3 BinSchZVEV v. 30.9.1992 I 1760 in force on 1.1.1994.
The V Council Directive 87 /540/EEC of 9 November 1987 on access to the occupation of the operator in national and international inland waterway transport and on the mutual recognition of diplomas, certificates of diplomas and other evidence of formal qualifications in this profession (OJ L 327, 30.4.2004 EC. No. OJ L 322, p. 20). Unofficial table of contents

§ 1

(1) The occupation of the operator in the carriage of goods by inland waterway within the meaning of this Regulation is the activity of natural persons or undertakings which carry goods, whether only occasionally, with inland waterway vessels. (2) Enterprises in the For the purposes of this Regulation, any company, including without legal personality, and any other association of persons, including an association and association of internally displaced persons, shall be a member of the shipowners ' summons. Unofficial table of contents

§ 2

(1) Natural persons or undertakings within the meaning of § 1 which carry out the occupation of the operator in the inland waterway transport of vessels whose cargo capacity exceeds 200 metric tonnes at the maximum permissible draught shall be subject to the exercise of the Activity of a permit. The obligation to obtain a licence shall also apply to the carriage of goods carried out on behalf of another trader for a limited period of time. (2) The granting of permission shall be granted by the Water and Shipping Directorate (approval authority), in the District of the entrepreneurs has its principal residence or the company has its registered office or its business establishment. Where a number of authorities are competent in accordance with the first sentence, the competent authority shall decide which shall first be referred to the case. In cases where a company has several commercial branches, the Department of Water and Shipping is responsible in the district of which the company has its registered office. (3) The permission is granted to the entreptite in an unrestricted manner. It is not transferable. (4) The permission is granted by handing out a certificate of permission. The certificate also indicates whether the permit includes the carriage for the international carriage of goods. (5) Change the name of the company or the registered office of the company or change the name of the business for the management of the business Persons appointed shall be required to submit the certificate of approval of the authorizing authority for correction. Unofficial table of contents

§ 3

Permission is not required

1.

for the carriage of own goods for own purposes of the entrepre with own ships (work transport). Where a ship-owner operates, in addition to the work traffic, navigation for commercial purposes, the entire shipping operation shall be regarded as a commercial shipping service;

2.

for entrepreneurs who carry out exclusively transport on waterways within the scope of the Basic Law, which is not connected to the inland waterway network of another Member State of the European Communities, or of another Contracting State of the Agreement on the European Economic Area.

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§ 4

(1) Permission to be granted for domestic or international carriage of goods by inland waterway shall be granted if the entreptite or the person permanently entrusted with the management of the holding is technically suitable. (2) Specially appropriate, who is the person who is responsible for the The management of a company of national or international inland waterway freight transport shall have the necessary knowledge of the matters referred to in the Annex to this Regulation. Unofficial table of contents

§ 5

(1) The proof of professional competence may be carried out by the filing of an examination or by the proof of a non-child activity of at least three years in enterprises of the commercial inland waterway transport. (2) The activity , the knowledge required for the management of a national or international inland waterway transport undertaking must have been provided with the necessary knowledge of the fields of expertise which are apparent from the Annex. This knowledge must be demonstrated to the authorizing authority by means of written evidence from the companies in which the activity was carried out. The proof of knowledge gained through practical experience cannot be provided by the testimony of an entrepre who does not require a certificate of permission in accordance with § 3, no. 2. This shall not apply to the extent to which the trader has carried out the carriage of goods on waterways which, only after the entry into force of this Regulation, is connected to the other inland waterways of another Member State of the European Communities or any other Contracting State of the Agreement on the European Economic Area. (3) If the prosper himself was an entreponent, the proof must be provided in other appropriate form. (4) Insofar as the professional competence of the an appropriate and non-subordinated subactivity is invoked, the authorisations authority shall examine the evidence submitted. If the approval authority has the competence to do so, it shall issue a certificate of approval on request in accordance with § 2 para. 4. Unofficial table of contents

§ 6

(1) In the case of persons who:

1.

Have successfully completed a course of study at a university or a course at a technical school by examination, or

2.

a final examination in a recognised training occupation, or an examination of the knowledge acquired through vocational training or vocational retraining before the Chamber of Industry and Commerce as the competent body in accordance with the Vocational Training Act of 14 August 1969 (BGBl. 1112), as last amended by Article 7 of the Law of 27 July 1992 (BGBl I). 1398),

the professional competence for the management of an inland waterway transport undertaking shall be recognised by the authorizing authority, if it is shown in an appropriate form that the necessary knowledge of the areas referred to in the Annex shall be: The subject of the examination was. (2) On request, these persons will be issued a certificate of approval. Unofficial table of contents

§ 7

A certificate issued by another Member State of the European Communities or of another State Party to the Agreement on the European Economic Area, which shall be deemed to be sufficient proof of professional competence shall also be deemed to be sufficient proof of professional competence. The meaning of Article 3 (2), second subparagraph, of Council Directive 87 /540/EEC of 9 November 1987 on access to the occupation of business operator in national and international inland waterway transport and on the mutual recognition of the Diplomas, certificates and other evidence of formal qualifications for this Occupation (OJ EC No OJ L 322, p. 20). The certificates issued in Austria shall apply as from 1 July 1994 and in the case of certificates issued in Switzerland, the first sentence of the first sentence of 1 January 1995. Unofficial table of contents

§ 8

(1) The examination in accordance with Section 5 (1) shall be taken from a Chamber of Industry and Commerce, which shall establish a Audit Committee. A joint examination committee may be established for several chamber districts. (2) The Audit Committee shall consist of a chairman and two co-chairs for which at least one representative shall be appointed. At least one Beisitzer shall be active in a company of inland waterway transport. (3) The Chamber of Industry and Commerce, in whose district the examination participant is domicated, shall be responsible for the local area. The examination subject shall be referred to the examination committee set up by another Chamber of Industry and Commerce. Unofficial table of contents

§ 9

(1) The subject-matter of the examination shall be the subject-matter referred to in sections A and B of the Annex. On request, the examination shall be limited to the subject areas of Section A of the Annex. If the test participant has been certified by a certificate of approval in accordance with Article 2 (4) that he already has sufficient knowledge in the subject areas of Section A of the Annex, the examination shall be made to the subject areas of Section B of the Annex. (2) In cases of compelling business or personal interests of an applicant, the competent Chamber of Commerce and Industry may grant an exemption from the obligation to place the examination in one or more fields referred to in paragraph 1 . Unofficial table of contents

§ 10

(1) The examination shall consist of a written and an oral part. (2) A transcript shall be made on the examination. A certificate is issued to the examination participant on the result of the examination, which also indicates whether knowledge of the subject areas B of the plant has been demonstrated. (3) The test may be repeated. The Audit Committee may determine a reasonable period of time before which the examination may not be repeated. (4) Details of the conduct of the examination and the evaluation of the audit services shall govern the Chambers of Industry and Commerce. Examination regulations. Unofficial table of contents

§ 11

In the case of entrepreneurs who have been shown to have operated inland waterway transport undertakings by the date of entry into force of this Regulation, professional competence shall be subject to the provisions of this Regulation. Proof shall be provided to the approval authority within 12 months of the entry into force of the Regulation. A certificate of authorization shall be issued at the request of the entrepre. Unofficial table of contents

§ 12

(omitted) Unofficial table of contents

§ 13

(1) After the death of the entrepre, the heir may continue the holding for a maximum of one year without the conditions of § 4 (1) being established; the same shall apply to the executor of the executor, the estate manager or the administrator of the estate during the course of the death of the trader. of a executor's execution, a relegation of the estate or the administration of the estate. In duly substantiated special cases, this period may be extended by six months. (2) The power shall lapse if the heir does not within three months of the expiry of the period laid down for the expiry of the succession or the sentence referred to in paragraph 1. A second half-sentence has not been requested within three months of the date of acceptance of the office or the order for which the person concerned has been appointed; a expiry date which has become effective in the person of the heir shall also be effective against the administrator of the estate. (3) In the case of the Entry of an acquisition or incapacity of the entreprenter or of the person responsible for the Management of the transactions ordered by a third party, in which the conditions of § 4 (1) have not yet been established, the company may continue to operate up to one year after the acquisition or incapacity for business has been established. In duly substantiated special cases this period may be extended by six months. (4) One of the persons referred to in paragraph 1, or a third party, may have a practical professional experience of at least three years in the current management of the By way of exception, the permission for the continuation of the company can be granted unrestricted in time, without the requirements of § 4 (1) being established. Unofficial table of contents

§ 14

Contrary to the provisions of Section 7 (1) of the Act on Inland Waterways, the person who intentionally or negligently pursues an activity referred to in Section 2 (1) without permission in accordance with Section 2 (1) of the Act is acting in a commercial manner. Unofficial table of contents

Annex (to § 4 (2), § 5 (2), § 6 (1) No. 2, § 9 (1) and § 10 (2))

Knowledge required

Evidence must be provided in the following subjects:

A.

of entrepreneurs who wish to carry out transport operations only in national transport

1.

Knowledge of civil, commercial, social and tax law required for the exercise of the profession, in particular in relation to:

-

Contracts in general

-

Transport contracts, in particular the liability of the haulier (type and limits)

-

Trading companies

-

Business Books

-

Labour law, social security

-

Tax law

2.

Commercial and financial management

-

Payment and financing procedures

-

Calculation of self-cost

-

Transport prices and conditions

-

commercial accounting

-

Insurance

-

Exhibition of invoices

-

Transport equipment

3.

Access to the market

-

Rules on access to and pursuit of the profession

-

Survey regulations

-

Transport and accompanying documents

4.

Technical standards and technical terms

-

technical characteristics of vessels

-

Election of the ship

-

Registration

-

Berth and Overtime

5.

Security

-

Laws, regulations and administrative provisions relating to inland waterway transport

-

Accident prevention and measures in the event of accidents

B.

of entrepreneurs who wish to carry out transport operations in international transport

1.

the subject-matter referred to in (A)

2.

provisions applicable to inland waterway transport between Member States and between the Community and third countries on the basis of national legislation, Community rules and international conventions and agreements, , in particular in the fields of survey and transport prices and conditions

3.

Customs practice and formalities

4.

Main traffic policy rules in the Member States