Regulation on the identification of small vehicles travelling on inland waterway roads (inland waterway labelling regulation-KlFzKV-BinSch)

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KlFzKV-BinSch

Date of completion: 21.02.1995

Full quote:

" Inland Waterway Labelling Regulation of 21 February 1995 (BGBl. 226), as defined by Article 534 of the Regulation of 31 August 2015 (BGBl I). I p. 1474).

Status:	Last amended by Art. 3 V v. 2.10.2012 I 2102
Note:	Amendment by Art. 534 V v. 31.8.2015 I 1474 (No 35) not yet taken into account

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.3.1995 + + +)
Heading: Short description inserted. by Art. 7 No. 1 V v. 18.12.2002 I 4580 mWv 1.1.2003
The V is gem. Article 14 (1) sentence 1, subject to sentence 2, entered into force on 1.3.1995. Unofficial table of contents

Input formula

Pursuant to Section 3 (1) (3), (4) and (6) of the Inland Navigation Act Act, as amended by the Notice of 4 August 1986 (BGBl. 1270), the Federal Ministry of Transport, and pursuant to section 4 (2) sentence 1 and 3 of the Inland Waterway Act Act and the 2nd Section of the Administrative Cost Act of 23 June 1970 (BGBl. 821), the Federal Ministry of Transport, in agreement with the Federal Ministry of Finance, is responsible for:

I.
General provisions

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§ 1 Definitions

For the purposes of this Regulation:

1.

Inland waterways: the Rhine, Moselle and Danube waterways, as well as the other federal waterways on which the inland waterways order is valid,

2.

Small vehicles: vessels with a maximum length of less than 20 m, with no rowing and bow spriet, of which the hull is less than 20 m, except

a)

Water vehicles not considered to be small vehicles in accordance with the provisions of the inland waterway order:

aa)

Vessels constructed or arranged to carry other vehicles as small vehicles, to be moved or coupled in a longitudinally coupled manner;

bb)

passenger ships which are authorised to carry more than 12 persons;

cc)

Ferries;

dd)

floating equipment;

b)

water vehicles which can only be moved with muscle power;

c)

water vehicles up to a length of up to 5.50 m, which can only be moved under sail;

d)

water vehicles with a propulsion engine, the effective power of which is not more than 2,21 kW;

e)

Dinghies.

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§ 2 Labelling obligation

(1) The ship's guide shall only be permitted to carry a small German vehicle on the inland waterways if it is provided with a valid official or officially recognised (§ 5) mark referred to in the first sentence of paragraph 3. It may only use a "D" as a national symbol, without prejudice to § 3 (3) (a). The use of internationally common nationality marks in the sails remains unaffected. The skipper must ensure that the licence plate is clearly visible and legible at all times. (2) German vehicles according to § 1 no. 2 (b) to (e) may lead to a license plate. (3) The owner of a German small vehicle must be the owner of a vehicle. Mark in at least 10 cm high Latin letters and Arabic numerals permanently in bright colour on a dark background or dark colour on a bright background on both bow or rear sides or on the mirror rear of the small vehicle. It may only use one nationality mark as referred to in the second sentence of paragraph 1. It may not order or permit the skipper to carry out a German small-scale vehicle without or without a valid license plate or with a national identification mark other than that referred to in the second sentence of paragraph 1. It may not be used as a German mark more than a license plate according to § 3 No. 4, § 4 or § 5. (4) Foreign small vehicles are subject to the labelling obligation in accordance with § 3 No. 3. (5) By way of derogation from the first sentence of paragraph 1, a Water motorbike according to § 1 No. 3 of the Water Motorcycle Regulation of 31 May 1995 (BGBl. 769) on inland waterway roads only if it is marked with an official mark. (6) At the request of the owner, the Water and Shipping Office may use a small vehicle according to § 1 (2) (b) to (d), which shall only be used for the purpose of: Transfer journey temporarily equipped with a driving machine with an effective power output of more than 2.21 kW, free from the guidance of a registration plate. It is responsible for the water and shipping office, in whose district the voyage begins. If the journey touches the counties of several water and shipping offices, the decision may only be taken by mutual agreement. Unofficial table of contents

§ 3 Exceptions

The labelling requirement shall be exempt from:
Small vehicles, which

1.

have been marked by running the flag of service or by means of a copy of the official vehicle;

2.

are marked as a non-profit-making body by driving a flag or by inscriptions as a water-rescue vehicle;

3.

have their home port or place of residence and their owners domicated outside the scope of this Regulation, up to one year after entry into the scope of this Regulation, if they

a)

the registration number prescribed by the law of their home country, combined with the nationality mark, or

b)

their name and home port or place of origin in Latin letters of not less than 10 cm and the name and address of the owner shall be firmly affixed to a site clearly visible on the inside, to the extent that a mark is not required;

this shall apply only where reciprocity is ensured;

4.

an official licence granted by the Federal Ministry of Transport, Building and Urban Development shall be subject to an official licence granted by the Federal Ministry of Transport, Building and Urban Development, and these official marks shall be published in the Official Journal.

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§ 4 Official marks

(1) The mark referred to in § 2 shall consist of a combination of:

1.

one or more letters identifying the water and shipping office which has been assigned the mark, and

2.

Letters and numerals that are connected with hyphen.

The marks referred to in point 1 result from Appendix 1. (2) As official marks within the meaning of this Regulation, distinctive distinguishing marks shall also apply in accordance with other federal legislation, in particular:

1.

in the case of a small vehicle registered in the inland waterway register, the ship's registration number shown in the vessel's letter, followed by the letter B, if it takes its name and place of origin or register in the form of section 2 (3);

2.

in the case of a small vehicle registered in the maritime register, in accordance with Section 11 (1) (5) of the Register of Ships in the version of the notice of 26 May 1994 (BGBl). 1133), the IMO number or its call sign;

3.

the number of the flag certificate (Section 3 (d) of the Flag Rights Act, as amended by the 26). October 1994, BGBl. 3140), followed by the letter F;

4.

the marks allocated by the Water and Shipping Office Berlin on the basis of Section 1 (6) of the Ordinance on the Temporary Deviation of the Inland Waterways Order of 11 June 1992 (the Official Journal of the European Union) (the Official Journal of the European Union) (Transport Gazet.323) ,

5.

the rental license according to § 7 of the Sportbootvermietungsverordnung-Binnen 2000 of 18. April 2000 (BGBl. 572).

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§ 5 Official marks

A mark shall be deemed to be officially recognized if it consists of the number of the International Boat Boat for Water Sports Vehicles (Resolution No 13 rev. ECE, Verkehrsblatt 1989 p. 120), followed by the identification letter of the organisation to which it is to be granted. The Deutsche Motoryachtverband e. V. the letter M, the German Segler Association e. V. the code letter S and the General German Automobile Club e. V. the letter A. Unofficial table of contents

§ 6 UrCustomers

The following shall be carried out on board for the purpose of proof of the assigned registration number:

1.

in the cases referred to in Article 4 (1), the identity card issued to the owner of the small vehicle by means of the registered mark or an officially certified copy of that identification;

2.

in the cases of § 4 (2)

a)

the ship's letter or officially certified extract from the ship's letter;

b)

the ship ' s certificate, the officially certified extract from the ship ' s certificate, or the safety certificate;

c)

the flag certificate;

3.

in the cases of § 5 of the International Boat Ticket.

The documents referred to in the first sentence shall be handed over to the persons authorised for inspection at the request of the inspection.

II.
Procedure

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§ 7 Request

(1) The owner of the small vehicle has to apply for an official mark with a water and shipping office or an officially recognised registration number in one of the organisations mentioned in § 5. (2) The application must contain:

1.

Information about the owner:

a)

in the case of natural persons: surnames, birth names, first names, days and places of birth, addresses,

b)

in the case of legal persons and authorities: names or names and addresses of the registered office and a designated representative with surname, birth name, first name, day and place of birth, and

c)

in the case of associations, a designated representative with the information referred to in point (a) and the name of the association;

2.

the facts which justify the acquisition of the property;

3.

Information on the vehicle:

a)

the type of vehicle and the main building material;

b)

the year of construction;

c)

the breadth and length of the hull without rowing and bow spriet;

d)

the manufacturer, the factory and the base number or the international boat identification number, to the extent that it is firmly attached to the hull;

e)

the engine number (serial number), the manufacturer, the factory and the engine power in kW, in the case of internal-board engines with Z-drive-if available-also the serial number of the drive;

f)

in the event of a change in ownership, the

g)

other characteristics essential to identity, such as water displacement or the type of propulsion.

In the case of a self-build, at least one photograph shall be provided by this. The submission of further documents, in particular additional photographs or construction drawings, may be required. The information referred to in the first sentence of 1 (1) shall, in so far as natural persons are concerned, be established by presenting the identity card or passport; the information shall also be credible. The submission of the identity card or passport shall be the addition of a copy or, in the case of an electronic application, the qualified electronic signature in accordance with the signature law. (3) Small vehicle, which is also Article 1 (2) and (3) of the Regulation on the provision of recreational craft and the transport of recreational craft from 9 July 2004 (BGBl. 1605), as last amended by Article 20 of the Law of 8 November 2011 (BGBl I). 2178) of 9 July 2004 (BGBl I). 1605), and as

1.

Sports boat after 15 June 1998,

2.

Water motorbike after 31 December 2005

for the first time on the market of the European Community or of another Contracting State of the Agreement on the European Economic Area, the copy of the declaration of conformity shall, in addition to the information referred to in paragraph 2, be placed on the market, § 3 (1) (1) (b) of the Regulation referred to above. By way of derogation from the first sentence of paragraph 1, the copy of the declaration of conformity shall be submitted only for recreational craft which has been placed on the market in one of the States which acceded to the European Union on 1 May 2004, after 30 April 2004. Unofficial table of contents

§ 8 Allocation of the badges, issuing of the badges

(1) The Water and Shipping Office shall notify the official registration number. Registration plates may also be assigned on a temporary basis or as a change mark for rehearsals, presentations or transfers with the obligation to carry out a travel book. (2) The Water and Shipping Office shall provide the owner with a badger. the assigned mark according to the model of Appendix 2. (3) The organisations referred to in Article 5, sentence 2, shall share the officially recognised mark. The International Boat Certificate shall be deemed to be an identity card within the meaning of paragraph 2. (4) If an identity card has become unusable, lost or otherwise lost, the issuing body shall, upon request, issue a replacement copy which shall be deemed to be such shall be marked. The issuing body shall be immediately returned to the issuing body or submitted to the issuing body for devaluation, which has become unusable or has been found again. Unofficial table of contents

§ 9 Amendments

(1) The owner shall immediately inform the issuing authorities of the situation where:

1.

his name or address,

2.

the information provided in the application for Article 7 (2), first sentence, point 3 (c), (e) and (g), or

3.

ownership of

changed. In such cases, the certificate shall be submitted for correction. The second sentence shall also apply if the small vehicle is destroyed, is no longer suitable for transport on inland waterway roads or is to be signed off. (2) In the event of a change of residence or property, the water and shipping office may be responsible for the transport of the vehicle. (3) The owner has to remove an invalid or invalid license plate immediately or to make it unrecognizable. This shall also apply if he has signed off the small vehicle.

III.
Final provisions

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§ 10 (omitted)

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§ 11 Administrative Offences

Contrary to the provisions of Section 7 (1) of the Act on Inland Waterway Transport, who intentionally or negligently

1.

as a guide

a)

, contrary to the first sentence of Article 2 (1) or (5), a small vehicle carries

b)

contrary to the second sentence of Article 2 (1), the use of a nationality identifier other than the one referred to therein,

c)

Contrary to Section 2 (1) sentence 4, it is not ensured that the mark is clearly visible or legible at any time, or

d)

Contrary to § 6, sentence 1, a document on board shall not be included in that document,

2.

as the owner of a small vehicle

a)

does not apply a mark or not in the prescribed manner, contrary to the first sentence of Article 2 (3),

b)

contrary to the second sentence of Article 2 (3), the use of a nationality identifier other than the one referred to therein,

c)

, according to the third sentence of Article 2 (3), or allows the ship's guide to carry a small vehicle,

d)

, contrary to § 2 (3) sentence 4, more than one license plate,

e)

a fully-fledgable edition in accordance with Section 8 (1) sentence 2,

f)

the first sentence of Article 9 (1) does not make a communication or does not make it in time,

g)

Contrary to § 9 (1) sentence 2 or 3, the ID is not presented or

h)

Contrary to Section 9 (3), sentence 1, a mark is not removed or not, or does not make it unrecognizable in time, in time.

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§ 12

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§ 13

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Section 14 Entry into force, external force

This Regulation shall enter into force on 1 March 1995, subject to the provisions of the second sentence. By way of derogation from the first sentence, enter into force:

1.

§ 2 (1) and 11 (1) (a), (b), (2) (a) of 1 May 1995 for small vehicles with a prime mover whose effective power output is more than 3,68 kW;

2.

§ 2 (1) and 11 (1) (a), (b), (2) (a) of 1 May 1996 for the other small-scale vehicles with a driving machine;

3.

§ 2 (1) and 11 (1) (a), (b), (2) (a), on 1 May 1997, for small vehicles under the sail.

(2) With the expiry of 28 February 1995, the following shall be repeal:
1.
2.

3.

the Regulation on the marking of small vehicles powered by motor power on the Federal Waterways in the Water and Shipping Directorate of Hanover of 26 July 1961 (Official Journal p. 391), as amended by the Regulation of 8 August 1969 (traffic sheet p. 535), with the exception of § 2 for small-scale vehicles with a driving machine;

4.

the Regulation on the labelling of sports vehicles on the West German channels in the water and shipping directorates of Münster, Aurich and Bremen of 1, 7. and 9 July 1970 (Transport Gazle p. 490), with the exception of § 1 for small vehicles with propulsion machinery or under sail;

5.

the shipping policy arrangement on the identification of small vehicles on the Federal Waterways Main, Regnitz and Main-Donau-Kanal in the area of the Würzburg Water and Shipping Directorate of 6 March 1968 (transport page p. 127), as amended by Regulation of 5 March 1992 (Journal of Transport, p. 87), with the exception of § 2;

6.

the Regulation on the marking of small vehicles on the Bundeswasserstraße Donau of 24 June 1968 (transport page p. 613), with the exception of § 2;

7.

Section 1 (6) of the Ordinance on the temporary derogation from the inland waterway order of 11 June 1992 (Official Journal of the Official Journal of the European Union, p. 323), with the exception of subparagraph (a).

(3) The provisions of the Regulations referred to in paragraph 2 (3) (3) to (7) shall not enter into force:

1.

on 1 May 1995 for small vehicles with a propulsion engine with a maximum net output of more than 3,68 kW,

2.

on 1 May 1996 for the other small-scale vehicles with a driving machine,

3.

Moreover, on 1 May 1997.

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Appendix 1 (to § 4 (1) sentence 2)
List of official marks

Source of the original text: BGBl. I 1995, 230
Water and shipping license plates

Aschaffenburg	AB
Berlin	B
Bingen	MZ
Brandenburg	BRB
Braunschweig	BS
Bremen	HB
Bremerhaven	HBH
Brunsbüttel	HEI
Cuxhaven	CUX
Dresden	DD
Duisburg-Meiderich	DU
Duisburg-Rhine	DUR
Eberswalde	BAR
Emden	EMD
Freiburg	FR
Hamburg	HH
Hann. -Münden	GÖ
Heidelberg	HD
Kiel-Holtenau	CI
Koblenz	KO
Cologne	C
Lauenburg	RZ
Lübeck	HL
Magdeburg	MD
Mannheim	MA
Meppen	EL
Minden	MI
Nuremberg	N
Regensburg	R
Rheine	ST
Saarbrücken	SB
Schweinfurt	SW
Stralsund	HST
Stuttgart	S
Tönning	NF
Trier	TR
Uelzen	UE
Verden	VER
Wilhelmshaven	WHV

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Annex 2 (to section 8 (2))

(Content: non-representable identification of the small-vehicle identification mark;
Fundstelle: BGBl. I 1995, 231-232,
with regard to of the individual amendments. Footnote)