Danube Shipping Police Regulation

Original Language Title: Donauschiffahrtspolizeiverordnung

Read the untranslated law here: http://www.gesetze-im-internet.de/donauschpv_1993/BJNR074100993.html

Danube shipping police regulations (DonauSchPV) DonauSchPV Ausfertigung date: 27.05.1993 full quotation: "Danube shipping police regulation of 27 May 1993 (Federal Law Gazette I p. 741;)" 1994 I S. 523; (1995 II S. 95), last by article 2 § 1 of the Decree of December 20, 2012 (BGBl. I S. 2802) is changed "stand: last amended by article 2 § 1 V v. 20.12.2012 I 2802 for details on the stand number you see in the menu see remarks footnote (+++ text detection from: 1.7.1993 +++) input formula on the basis of § 3 para 1 No. 1 to 5 and § 3 c para 1 No.2 of the inland waterway transport task act as amended by the notice of August 4, 1986 (BGBl. I s) 1270), also on the basis of § 27 para 1 and section 46, sentence 1 Nos. 1 and 3 and sentence 2 of the Federal Water Act as amended by the notice of 23 August 1990 (BGBl. I p. 1818) directed the Federal Ministry of transport, in accordance with article 3 par. 5 and § 3 c para 1 No. 1 of the inland waterway transport task Act in conjunction with article 56 of the law of responsibility adjustment of 18 March 1975 (BGBl. I p. 705) and the Organization Decree of June 5, 1986 (BGBl. I p. 864) together with the Federal Ministry for environment, nature conservation and nuclear safety, in accordance with article 3 par. 5 of the inland waterway transport task Act in agreement with the Federal Ministry of labour and Social Affairs, in accordance with article 3 par. 5 and § 3 c para 1 No. 2 of the inland waterway transport task law, § 3 para 5 changed in accordance with article 66 of the regulation of 26 February 1993 (Federal Law Gazette I p. 278), in agreement with the Federal Ministry of post and telecommunications: § 1 scope of application for the navigation on the Danube River between Kehl home (km 2414,60) a federal waterway and Jochenstein (km 2201,77) are the rules Annex A to this regulation.

§ 2 exceptions on vehicles with a driving ability certificate referred to in paragraphs 5 and 6 may also be used to signal lights if they place the conditions the plants 4 and 5 to Annex A to this regulation the rules after annex II section 7.05 of inland waterway vessel inspection regulations by December 6th, 2008 (BGBl. I S. 2450), most recently by article 1 of the Decree of December 20, 2012 (BGBl. I S. 2802) has been modified , meet in the relevant and applicable version.

Article 3 competent authority (1) competent authority within the meaning of article 6.32 No. 1 letter a of the annex to this regulation is the Federal Ministry of transport.
(2) unless otherwise determined in paragraphs 4 and 5, competent authority within the meaning of this regulation is the waterways and shipping Directorate South as electricity and maritime police authority. She can transfer the control of local conditions, also arrangements after paragraph 1.22 of the plant (A) this regulation, their subordinate bodies and order port warden.
(3) the competent authority within the meaning of section 8.05 of the annex to this regulation is the waterways and shipping Directorate South; for this purpose, the waterways and shipping Directorate South is authorized to adopt regulations on the basis of § 3 para 1 No. 1, 3 and 4 of the inland waterway transport task Act and of section 46 of the Federal Water Act temporarily up to the duration of three years.
(4) competent authority within the meaning of § 1.10 No. 4, paragraph 1.12 No. 3 and 4, § 1.13 No. 2 and 3, § 1.14, 1.15 No. 2 sentence 2, section 1.17 No. 1 set 1, §§ 1.19, 1.20, 6.08 No. 3 and § 8.15 No. 8 of the annex to this regulation also their subordinate bodies are South along the waterways and shipping Directorate and in accordance with which pursuant to section 1 para 1 No. 2 of the inland waterway transport task law agreement between the Federal Government and the State of Bavaria from December 14th 1954-18 April 1955 the police forces of the State of Bavaria.
(5) the authority responsible for the affixing of the draught marks according to § 2.04 no. 1 of the annex to this regulation and the draft indicator after § 2.04 no. 2 of Appendix A to this regulation in conjunction with Annex 2 No. 3 and 4 to Annex A to this regulation is the central body of ship inquiry/ship gauging Office.
(6) the conditions under section 48 or 49 of the Administrative Procedure Act are met, the competent authority can limit a permit retroactively according to the annex to this regulation and connect to requirements.

§ 4 vehicles of public service vehicles of the water and shipping administration of federal, water protection police, riot police, the Federal Police, the armed forces, of the customs service, fire brigade, civil and civil protection and of water management administrations are exempt from the provisions of Annex A to this regulation, as far as this sovereign tasks, taking into account public safety and order is urgently needed.

§ 5 offences according to the inland waterway transport task law (1) any person in the sense of § 7 para 1 of the inland waterway transport task law who deliberately or negligently 1 is, an executable Edition after § 1.21 No. 3 or § 7.01 no. 2 of the annex to this regulation, also in conjunction with § 3 par. 6, or 2 one out with a permit after paragraph 1.23, paragraph 3.48 No. 2 letter b, § 3.49 set 2 , Section 8.10 letter c, § § 10.03, 11.07, 11.11, 13.04, 13.06 No. 2 or § contravenes 14.02 No. 2 of the annex to this regulation, also in conjunction with § 3 par. 6, associated executable Edition.
(2) in the sense of § 7 para 1 of the inland waterway transport task law is any person who violates a provision of the annex to this regulation, by he intentionally or negligently 1 contrary to § 1.03 no. 1 set 1 or 2 a statement of the ship's non-observance of 1a.
contrary to section 1.09 No. 2 is set 1 not in the position to give any instructions or information, or to receive, 2. contrary to section 1.13 navigation sign No. 1 used, damaged or unusable makes, 3. contrary to section 1.15 No. 1 fixed objects or other material or contrary to section 1.15 No. 2 brings a set 1 oil residues in the waterway or initiates, 4. contrary to section 1.17 remains no. 1 sentence 2 not on board or in the vicinity of the accident site , 5. contrary to section 1.23 one of the designated thereon events without permission carries or perform, 6 contrary to § 4.01 no. 3 set 1 audible from a vehicle is, the is the leader of the Association not, 7 contrary to section 6.17 creates no. 3 on a vehicle or float, it hangs on or 8 as a person carrying out water sports without a vehicle drives with in the water of wake of, , contrary to section 6.17 No. 4 fails to sufficient distance, 9 contrary to section 6.36 fishes or prepares fishing tackle, appears 10 without permission according to § 6.37 in places, where the shipping could be hampered by 10a.
contrary to § 8.02a No. 2 sentence 2 the course or the speed of a vehicle determines, despite a blood alcohol content of 0.8 or more per thousand, or a quantity of alcohol which leads to such blood-alcohol concentration in the body, 11 contrary to section 14.02 No. 2 a statement of the supervisory authority does not follow sentence 1, 12 a provision of section 14.03 no.3 contravenes no. 1, 3 or 5 about switching on or disembarking of passengers or of section 14.05 on safety on board or on the docks or 13 a provision of section 14.03 is contrary to no. 2 or 4 inputs or alighting.
(3) in the sense of § 7 para 1 of the inland waterway transport task law is any person who violates a provision of the annex to this regulation, by he intentionally or through negligence as skipper, Director of a floating plant or person in charge according to § 8.02 for course and speed 1 contrary to paragraph 1.19 does not result no. 1 of an executable statement by officials of the competent authorities, 2. contrary to § 3.01 no. 2 the additional characters don't sit , Used 3 lights that do not comply with § 3.02 or contrary to § 3.05 needed no. 1 other lights or markers, or they may be needed for which they not prescribed or permitted are, 4. contrary to section 3.06, sentence 1 or 3 lights not or not timely 5. a provision of section 3.07 contravenes the use of signal lights, headlights, panels, flags or other objects or 6 sets, a vehicle , a bandage, a float, or a floating facility a) at night while driving according to section 3.08 No.1, 3, § 3.09 No. 1 to 3 sentence 1, § 3.10 No. 1, also in conjunction with no. 2, § 3.11 no. 1, also in conjunction with no. 2, section 3.12 No. 1, section 3.13 No. 1 letter a sentence 1, letter b, c, no. 3, 4 set 1 , No. 5, 6, the paragraphs 3.14 to 3.16, 3.18, or 3.19, or b) during the day while driving according to § 3.29 No. 1, 2, the §§ 3.30 3.32 No. 1, 2, 3 sentence 2, § 3: 33 No. 1, 2, 3 sentence 2, § 3.34 sentence 1, the §§ 3.35 or 3.36 or not in the prescribed manner referred to.
(4) in the sense of § 7 para 1 of the inland waterway transport task law is any person who contravenes A to this regulation a rule of system, by he intentionally or through negligence as ship guide or guide of a floating plant 1 contrary to section 1.04 does not apply the measures of caution and endangering the life of another vehicle, a float, the shore, damaging a control structure or other there called plant , navigation disabled or contaminated the Danube, 2 leads a vehicle or a float, on the contrary to section 1.12, objects on the pages extend beyond no. 1, 3.
contrary to section 1.12 No. 3 a message not or not timely makes sentence 1 or contrary to section 1.12 No. 3 the loss point not features set 2, no. 2 performs 4 special transport without permission according to § 1.21, contravenes 5. a provision of § 3.03 signs or flags, 6 means a vehicle, a dressing, a float, floating plant, a floating device, a fishing device or an anchor a) at night during the Stilliegens according to § 3.20 No. 1 , 2, the paragraphs 3.21-3.23 no. 2 set 1, 3, section 3.25, sentence 1, the §§ 3.26 3.27 No. 1, 2 or § 3.28, or b) during the day while the Stilliegens according to § 3.36 a no. 1, §§ 3.37 3.38 3.40, 3.41 No.1, 3 sentence 1, no. 4, or 3.42 section or in the prescribed manner described or 7 a provision about a) the Stilliegen according to the § 7.01 , 7.05 no. 1 to 5, the § § 7.06, 7.07 No. 1, section 13.10 2 half-sentence 1 No. 1, no. 3, 4 or § 13.11 no. 1 to 4, anchoring according to § 7.03 or mooring or the warping after the section 7.04 or 14.01 or b) guard or supervision under the paragraph 7.08 No. 1, 3 sentence 1 or § 8.14 No. 1 set 1 or 2 , also in connection with sentence 4, is contrary to.
(5) in the sense of § 7 para 1 of the inland waterway transport task law is any person who violates A to this regulation a provision of the plant by it a vehicle, an association or a float leads responsible person 1. intentionally or negligently as skipper or according to § 8.02 for course and speed, their length, width, height, depth or speed contrary to § 1.06 are not adapted to the realities of the waterway or the equipment to use , 2. a vehicle leads No. 2 set of 4 a lookout or post is not placed on the contrary to section 1.09, 3. violates article 3.49 set of 2 leads the name without written permission, 4. contrary to § 4.01 no. 1 letter a half-sentence 1 or letter b half-sentence 1 sound character with other than the prescribed devices out there, 5. contrary to § 4.01 no. 6 set 1 or § 4.02 No. 1 in conjunction with Appendix 6 to Annex A to this regulation the required audible improperly There, 6 contrary to § 4.01 no. 2 set 1 with sound characters are not equal-duration light signs, 7 contrary to § 4.03 needed no. 1 audible or contrary to paragraph 8.13 is audible, 8 contrary to section 5.01 not followed an order No. 2 in conjunction with no. 1, which with a character after annex 7 section I letter A or B is granted, 9 a provision about a) driving rules for high speed or small vehicles according to § 6.01 a set 1 , Section 6.02 No. 2 or § 6.03a No. 3 or 4 set 1 or 2, b) behavior or gestures at the meeting according to the § § 6. 03, 6.04 no. 1-5, section 6.05 no. 1 sentence 2 No. 2-5 sentence 1, the paragraphs 6.06 to 6.08 No. 1, 3 or section 13.01 no.1, 2 sentence 2 in conjunction with no. 3 or 4 , Overtake No. 1 to 3, § 6.09 after § 6.03 no. 1, 2 sentence 1, 2, paragraph 6.10 No. 2 sentence of 1, no. 4-7, section 6.11, sentence 1, § 6.26 No. 3, section 6.28 No. 4 or § 6.32 No.7 or crosses to § 6.03a No. 1 set 1 or 2 c) the ride on routes with prescribed course according to section 6.12 No. 2, d) behavior or gestures when applying to section 6.13 Nos. 1 to 3 , 5 sentence 1 or § 13.13 No. 1 set 1 or 2 or exit according to section 6.14, e) the behavior or gestures when crossing the waterway or at the entrance in or departure from ports or minor waterway according to section 6.16 no. 1 set 1, 2, no. 2, 3 sentence 1, no. 4 or 5, f) behavior to avoid harmful waves or suction effect according to section 6.20 No. 1 or 3 , g) operation, the do, lying down or leaving by ferries in the fairway after section 6.23, h) the passage or the behavior when driving through bridges or Weirs according to § 6.24 No.1, 2 letter a, § 6.25 No. 1, § 6.26 No. 1, 2 or § 6.27 No. 2, i) the notification obligation, the behavior in the locks area or when driving through boat locks, boat lanes or relaying systems according to article 6.28 No. 1 , 2, 3 3 set, 4, no. 4 to 8 sentence 1, no. 11 set 2, section 6.28a no. 4, section 6.29 sentence 2, § 13.05 no. 1 sentence 1, no. 2-7 sentence 1, no. 8, 9, § 13.06 No. 1 sentence 1, no. 2, § 13.07 No. 1 sentence 1, no. 2 set 1 or § 13.08 No. 3 letter a sentence 1, letter b, or no. 4 , j) the behavior or gestures while driving in conditions of limited visibility after § 6: 30 No. 1 set 1, 3, 4, no. 2, 3 sentence 2, no. 4-6 sentence 1 or § 6.33 No. 2 or 5 or k) the conduct in the performance of the three beep after contravenes section 6.33 No. 4, 10 contrary to section 6.17 goes no. 1 with a vehicle at the same height or closer than in section 6.17 No. 2 admitted goes up , 11 contrary to section 6.18 No. 1, no. 1 loop 2 or § 6.27 anchors, lines or chains can be 2 half-sentence, 12 contrary to section 6.19 No. 1 sentence 1 propel the vehicle, 13 contrary to paragraph 6.22 does not stop signs before or contrary to § 6. 22a to the vehicles referred to in the paragraphs 3.27, or 3.41 passes, 14 contrary to paragraph 6.35 empty pulls the tow No. 4, 15 contrary to section 10.04 no. 1 does not turn up an errant Valley tow or 16 contrary to para 12.01 no. 1 sentence 1 navigating a bayou.
(6) any person in the sense of § 7 para 1 of the inland waterway transport task law is who against a provision of the annex to this regulation violates by being intentionally or negligently as ship leader 1 contrary to § 1.02 No. 3 while driving or operation not aboard 2. contrary to § 1.02 No.4 sentence 2 half-sentence 1 in conjunction with sentence 3, a statement of the skipper of the Association not followed , 3. a leading vehicle, a) that contrary to § 1.07 No. 1 lower than permissible load is, b) whose charge contrary to § 1.07 No. 2 threatens the stability of the vehicle or impairs the visibility from the steering position, c) contrary to § 1.07 No. 3 more passengers than allowed on Board did, d) whose rudder contrary to section 1.09 No.1 staffed with a person is, that this is not technically suitable or not at least 16 years old , s) that contrary to section 2.01 Nos. 1 to 3, 6 or § 2.02 No. 1 half-sentence 2 No. 2 or 3 not or improperly marked is, f) on board its contrary to section 8.05, sentence 2 an imprint of Annex A to this regulation or a decree is not carried pursuant to section 8.05 set 1 in each applicable version or g) the deeper than permitted comes a sentence 1 No. 2 contrary to § 13.04 or the sheath without permission goes through sentence 2 No. 2 according to § 13.04 , 4. a vehicle or a float leads, a) aboard which is contrary to section 1.10 No. 1 letter a, b, d, no. 3 or § 8.04 no. 1 set 1 is a who referred to documents not located or contrary to paragraph 14.05 no. 5 set of 3 a stability calculation is not with or b) where contrary to section 1.12 a no. 2 brought to anchor beneath the floor , the keel or the lower level stands, 5. contrary to section 1.12 No. 4, § 1.13 No.2, 3, § 1.14, 1.15 No. 2 sentence 2, section 1.17 No. 1 a message not or not timely makes no. 8 or section 13.09 set 1, Nr. 3, § 8.15 or does not disclose his position contrary to section 13.12 set 4, makes 6 contrary to section 1.16 no. 2 does not or not timely help , if threatening a lockout of the fairway, 7 Despite section 1.17 makes no. 2 not or not timely or not in the prescribed manner for a warning, 8 contrary to section 1.18 does not take the necessary measures for making free of the fairway, 9 not followed an executable order of temporary nature according to § 1.22 10 contrary to § 2.03 leads a barge intended for the carriage, that not calibrated's, 11 a provision of § 3.04 no. 2 or 3 cylinders , Balls, cone or Bicone contravenes, 12 leads a vehicle, on the prohibition of visits according to § 3.43, smoking or using unprotected light or flame after paragraph 3.44 or the Stilliegens side by side according to § 3.47 1 or 2 not or not properly indicated, 13 a provision via radiotelephony to § 4.04 no. 4 or section 10.02 No. 1 or 4 set 1 or 3 contravenes , 14 contrary to section 6.15 in the intervals between the parts of a tow travels into, 15 a provision on a) the compilation of organisations referred to in section 6.21 No. 1, 2, or 4, b) the gestures at the Stilliegen in restricted visibility according to § 6.31 No. 1 or 2, or c) radar after § 6.32 ride No. 2 sentence 1, no. 4 letter a, no. 5 letter a , No. 6 or 7, each also in combination with no. 8, contravenes, 16 contrary to section 6.21 leaves other towed, pushed or coupled with cars No. 3 with a vehicle with engine drive, 16a.
contrary to § 8.02a No. 1 sentence 2 a vehicle leads, although he has a blood alcohol content of 0.8 or more per thousand or an amount of alcohol that leads to such blood-alcohol concentration in the body, arranges 16 b. or allows, that preclude § 8.02a No. 2 set 2 someone the course or the speed of the vehicle determined, even though he had a blood alcohol content of 0.8 or more per thousand, or a lot of alcohol , which leads to such blood-alcohol concentration, in the body, 17 contrary to § 8.15 No. 1 set 1 or 3 the stay away signal does not raise, 18 contrary to § 8.15 No. 3 to 5 or 7 taking of the stay away signal does not apply a measure referred to there, 19 leads a vehicle or an association, which exceed the approved dimensions or groupings in the sections 9.01 up 9.04 or 13.04 no. 1 , 20th contrary to § 10.01 no. 1 sentence 1 shipping does not set, 21.
trying to get off a gridlocked vehicle without permission in accordance with section 10.03, 22 contrary to section 10.05 exerts a towing activity no. 1 with a flotilla, 23 a provision of § 10.06 No. 1, is contrary to 2 set 2 or section 10.08 set 1 on the carrying or moving of vehicles or pusher barges in a Federation, 24 contrary to section 10.07 outside a pushed train moving a barges or another vehicle without rudder , 25 contrary to article 13.02 set 1 uses the specified vehicles or floats, 26 contrary to section 14.02 a berth not or not timely clear no. 1 or contrary to section 14.02 No. 2 sentence 2 without permission sets to, 27 a regulation on safety on board or on the docks after section 14.05 contravenes no. 2, 4 or 5 sentence 1 or 4 or 28 contrary to section 14.06 with a passenger ship alongside coupled drives that's drag makes or uses for towing.
(7) in the sense of § 7 para 1 of the inland waterway transport task law is any person who violates A to this regulation a provision of the system, by intent or negligence as owner or supplier 1 arranges or allows, that contrary to § 1.02 No. 1 set 1 or no. 5 set 1, also in conjunction with section 1.21 No. 4 is a vehicle, a float, a floating plant or a special transport from an unsuitable person running , 2. the leadership of vehicle, an association or a float arranges or allows their length, width, height or draught contrary to § 1.06 are not adapted to conditions of the waterway or the equipment to use, 3. arranges the entry into service of a vehicle or allow a) contrary to § 1.07 No. 1 lower than permissible unloaded it, b) whose charge contrary to § 1.07 No. 2 threatens the stability of the vehicle or impairs the visibility from the steering position , c) contrary to article 1.07 No. 3 more passengers than allowed on Board did, d) the contrary to § 2.01 Nos. 1 to 3, 6 or § 2.02 No. 1 half-sentence 2 No. 2 or 3 not or not properly is marked, e) is contrary to § 2.03 not calibrated or f) the deeper than permitted comes a sentence 1 No. 2 contrary to § 13.04, or does not have the required permission according to § 13.04 no. 2 sentence 2 to pass through the lock , 4. the operation of a vehicle or float arranges or allows, on Board of which is contrary to section 1.10 No. 1 letter a, b, d, no. 3 or § 8.04 no. 1 set 1 is a who referred to documents is not or contrary to paragraph 14.05 no. 5 set of 3 a stability calculation is not with, 5. perform a special motor transport without permission according to § 1.21 to no. 2, 6 not provides , that float or floating plants in the Stilliegen in the manner prescribed by section 3.25, sentence 1 are identified, 7 for it ensures that 1 or 2 is properly referred to the vehicle on the prohibition of visits according to § 3.43, smoking or using unprotected light or flame after paragraph 3.44 or the Stilliegens side by side according to § 3.47, 8 arranges or allows , that a) a vehicle without the after section 6: 30 No. 1 sentence 2 prescribed radiotelephone installation, which must be in perfect working condition, or b) a vehicle with machine drive, a floating device or a free-moving ferry without the after section 10.02 No. 1 set 1 prescribed equipment in operation will be undertaken, 9 which arranges radar driving a vehicle or allow its wheelhouse contrary to article 6.32 No. 2 there designated persons not staying , 10 contrary to paragraph 7.08 No. 1, 3 sentence 1 or § 8.14 No. 1 sentence 1 for it provides, that is on a dead vehicle constantly staying a-ready guard, 11 contrary to section 8.14 No. 1 sentence 2 in conjunction with 4 not provides that the designated thereon vehicles, floats, or floating devices in the Stilliegen under the supervision of a person are , in case of need can intervene, 12 arranges the management of vehicle or an association or admits that which exceeds the approved dimensions or groupings, in the sections 9.01 up 9.04 or 13.04 no. 1 arranges 13, admits that is trying to get off a gridlocked vehicle without permission in accordance with section 10.03, arranges 14 or admit that a) contrary to section 10.05 no. 1 a flotilla exerts a towing activity or b) contrary to § 10.06 No. 1 or section 10.08 set 1 in a Federation carried a vehicle or violates article 2 sentence 2 10.06 Nr a pusher barge is moving, or 15 contrary to article 13.02 set 1 arranges the use of one of the listed vehicles, floats, or items or admits.

§ 6 offences under the Federal Water Act (1) any person within the meaning of § 50 para 1 No. 2 of the Federal Water Act is, who as skipper intentionally or negligently a provision of Annex A to this regulation 1 use the marinas after § 11.02 No. 1 set 1 or 2, 2. the entrance to the port of refuge Deggendorf to § 11.02 No. 1 set 3, 3. the arrival or cancellation according to § 11.04 no. 1 , 4. the warping after § 11.04 no. 2 set 2, 5. the appointment of a supervisory authority according to section 11.05, 6 anchoring according to § 11.06 set 1, 7 behavior in the Harbour entrance to section 11.07, 8 displaying incidents according to section 11.08, 9 the Gypsy or the operation of fire-fighting equipment according to section 11.09, 10 hatches after section 11.10, 11 repair work according to section 11.11, or 12.
Measures in case of ice is contrary to section 11.12.
(2) any person within the meaning of § 50 para 1 No. 2 of the Federal Water Act is, who intentionally or negligently arranges as owner or supplier or permits, that against a provision of the annex to this regulation on 1 the appointment of a supervisory authority according to section 11.05, 2. the servicing of fire extinguishing equipment according to section 11.09 3. repair work is breached or according to section 11.11.

§ 7 and § 8 (lapsed) - article 9 this regulation into force shall on 1 July 1993.