Key Benefits:
Law of 7 July 1988, laying down general rules for shipping traffic on inland waterways and at sea
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
Having considered that, in view of developments in maritime traffic and in the organization of shipping and the interests involved in the organization of such traffic, we consider that it is desirable to lay down provisions concerning the to review maritime traffic and maritime traffic and, in view of their mutual consistency, to lay down in a single legislation which may form the basis for the implementation of conventions and decisions of international law organisations, to the extent that they bind the Kingdom;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
1 This Act and its provisions shall, unless otherwise provided for in this Act, be defined as:
a. Our Minister: Our Minister of Infrastructure and the Environment;
b. ship: any vessel, including a vessel without a transfer of water and a seaplane, which is actually used or is suitable for use as a means of displacement;
(c) maritime traffic: movement of ships and other vessels;
d. shipping lines: inland waterways open to the public and the Dutch territorial sea, including the water resources in which they are present;
(e) the conduct of a vessel or other vessel; in fact, it shall be in charge of a ship or other vessel in terms of its participation in the shipping sector;
f. Traffic Participant: the person carrying a ship or other vessel;
g. 'Traffic' means an object or combination of articles used in addition to or above a shipping network to be used for the purpose of shipping:
1 °. a information on the state of a particular place in, or a certain part of, a ship's network; or
2 °. a review, recommendation, command or prohibition of lifting a command or prohibition on traffic in a particular place in or a certain part of a ship's vessel;
h. Publication with the same meaning as a traffic sign: a written communication to the shipping traffic to which that traffic is given:
1 °. a information on the state of a particular place in, or a certain part of, a ship's network; or
2 °. a review, recommendation, command or prohibition of lifting a command or prohibition on traffic in a particular place in or a certain part of a ship's vessel;
(i) 'traffic management' means a systematic and interactive means of securing and maintaining safe and smooth shipping traffic by means of a set of human and infrastructure facilities;
Traffic information: a information given by a person authorised for that purpose to one or more traffic participants or to others in respect of a shipping network or a part thereof or the shipping or individual ships on which such information may include fairway information and tactical traffic information;
k. Scheldereglement: Regulations implementing Article IX of the Tracttion of 19 April 1839, and Chapter II, Sections 1 and 2, of the Trace of 5 November 1842 relating to pilotage and joint supervision (Trb). 1995, 48) as amended since then;
(l) direction of traffic: a command given to one or more traffic participants by an authorised person for the purpose of effecting a particular result in traffic behaviour or the imposition of a prohibition on a particular result in the behaviour of traffic;
m. Revised Convention for the Navigation of the Rhine: the Revised Convention for the Navigation of the Rhine, adopted in Mannheim on 17 October 1868, with its Annexes and Final Protocol, ( Trb. 1955, 161), as amended by the same number of members;
n. Dutch seagoing vessels: seagoing vessels flying the flag of the Netherlands, with the exception of seagoing vessels which are entitled to do so by the rules which apply in Aruba, Curaçao or Sint Maarten;
o. processing of personal data, responsible for the responsibility of the Member States: which is understood to be Personal data protection law ;
p. River Information Services: the harmonised information services to support transport and transport management for inland waterway transport, including the technically feasible links with other modes of transport or commercial transport activities, non-internal commercial activities between the companies concerned;
q. fairway information: geographical, hydrological, and administrative information on the ship's network;
r. tactical traffic information: information on which immediate navigation decisions are based in the current traffic situation and the near geographical environment;
s. Convention on the common nautical management: the agreement reached in Middelburg on 21 December 2005 between the Kingdom of the Netherlands and the Flemish Region on the common nautical management in the Scheldt (Trb) area. 2005, 312);
t. boatproof: a document providing for the authority to conduct a ship on the Dutch inland waterways, including a similar document issued by a foreign authority;
you. rapid motor boat: ship having a length of less than 20 metres and which, in the use of its mechanical means of propulsion, is capable of sailing more than 20 km per hour in relation to the water;
v. the Consumer and Market Authority: the Consumer and Market Authority, mentioned in Article 2, 1st paragraph, of the Incomposition Act Authority of Consumer and Market .
2 In the Articles 10 to 13 , 15 to 16a , 27 to 29 and 35 of this Law and in the provisions governed by this Act, except where otherwise provided therein, shall mean:
Master: the person responsible for authority over a seagoing vessel;
(b) looting: the person empowered to act as pilotage on or under the law of the Treaty;
c. Marine vessel means a ship which, according to its construction, is intended exclusively or principally for sea shipping.
3 In the case of a general measure of management, cases which are not vessels, other vessels which are not seagoing vessels, may, for the purposes of this Act and the provisions based thereon, be subject to a vessel's vessel or sea be treated in the same way as this law and the provisions based thereon are not to be applied to vessels which are a vessel or vessels which are a sea vessel.
4 The management of a vessel's management means, by way of derogation, the management of a vessel's management, by way of derogation, from the management of that vessel, if the latter is to be managed by the latter. is based on a separate public body.
5 This law means, unless otherwise provided for in this Act, the following:
a. Ship: a vessel or one or more ships with one or more other vessels, of which at least one vessel is part which uses its engine for propulsion and that serves it for the movement or steering of the ship; assembly;
b. Sea ship: a composition of seagoing vessels or of one or more seagoing vessels with one or more other vessels or other vessels, of which at least one vessel is part which uses one or more of its engines for propulsion and which is intended to be used for the movement or steering of the assembly.
1 For the purposes of this Act and of the following provisions, or, unless otherwise provided therein, the competent authority shall be:
a. in the case of a ship-to-ship operation
1 °. the Empire: Our Minister;
2 °. a province: deputed states;
3 °. a municipality: mayor and aldermen;
4 °. a public body as intended in Article 8, first paragraph, of the Act on common rules : The executive board.
b. In the case of a vessel not being managed by any public body, mayor and aldermen of the municipality in which the ship is situated.
2 By way of derogation from the first paragraph, subparagraph (a) (1), the mayor and aldermen of a municipality shall have jurisdiction in respect of the part of the Dutch territorial sea which is situated within the area of the municipality. Certain exceptions, as defined in the preceding sentence, if this part of the Dutch territorial sea or part of it
a. It is important for the transit traffic or the shipping traffic to or from a Dutch port or other Dutch inland water and as such has been designated by our Minister in a decision to be published in the Official Journal, or
b. by our Minister of Defence as a military exercise area, has been appointed by a decision to be published in the Official Journal.
3 With respect to a shipping network in the management of a watership, provincial states shall determine who has the power of authority. They designate themselves as such to the day-to-day management of the watery as far as it is compatible with the tasks assigned to the water for the purposes of the regulation, and in other cases the mayor and aldermen of the municipality in which the seperation is located or deputed states.
4 By way of derogation from the first paragraph, subparagraphs (a), (3) and (b), and from the third paragraph, provincial States may, in respect of a shipping network referred to in those provisions, in the interest of the unit of the planning of the transit (i) designate maritime traffic on those shipping-law states as the competent authority.
5 Our Minister may, for a ship-ship in administration to the State, designate one of the bodies of a public body referred to in paragraph (a) of a public body as competent authority. Such designation may be subject to rules.
1 Application of the Articles 4 , 11 and 12 except as provided for in paragraph 2, may only take place in the interests of:
(a) to ensure the safety and smooth functioning of the shipping traffic;
b. Keeping shipping lanes and ensuring its usability;
(c) the prevention or limitation of damage caused by the shipping traffic to the water and water balance, or to works situated in or over the ship's passing;
d. The prevention or limitation of external security risks related to ships;
e. the prevention or limitation of pollution by ships.
2 Application of Article 4 for the benefit of an interest referred to in paragraph 1, it may be in the interest of preventing or restricting:
a. Nuisance or danger by the shipping traffic for persons other than water on a vessel;
(b) damage from the shipping traffic to the scientific or natural scientific values of an area in which ship-boats are situated.
1 General measures of management shall lay down rules on:
(a) participation in the shipping traffic on ship-ship routes;
b. Traffic signs;
c. Notices having the same meaning as a traffic sign;
d. Traffic instructions;
(e) the reception, storage and transmission of data relating to shipping by organisations and persons not participating in the shipping sector.
2 The rules referred to in point (a) of paragraph 1 may only include:
a. obligations relating to:
1 °. the sailing and berth with ships and other vessels;
2 °. the display of optical signs by ships and other vessels;
3 °. the giving of sound signals by ships;
4 °. the presence and use of certain navigational means on board vessels;
5 °. the presence and use of certain means of communication on board ships;
6 °. the affixing of the marking of ships;
b. Other obligations of traffic participants or other persons on board ships and other vessels in relation to the participation in the shipping traffic;
c. Obligation of persons other than those mentioned in subparagraph (b) relating to the participation in the shipping sector.
3 By way of derogation from or in addition to the rules to be laid down pursuant to paragraph 1 (a), by way of derogation from or in addition to the rules to be adopted pursuant to paragraph 1, the general measure of governance may, for the purposes of the general measure of management, provide for the use of shipping shall be set. They may impose obligations on those who conduct a ship, in addition to obligations relating to the issues referred to in paragraph 2, whether or not to participate in traffic counseling and, among other things, relating to the reporting of arrival, departure or position of a ship, as well as information relating to the ship, its cargo carried, or the journey to be taken out.
4 In order to implement the first paragraph, subparagraph (e), personal data may be processed for the purposes of River Information Services. The processing of these data shall be carried out in order to ensure proper execution of the rules concerning the application of River Information Services imposed by or pursuant to this Act. The competent authority designated by or under general measure of management shall be responsible for this processing.
5 In the implementation of paragraph 2 (b), personal data relating to health and criminal-law personal data shall be processed. The processing of these data shall be carried out in order to assess whether the applicants for Rhine patents designated by a general measure of management comply or no longer meet the legal requirements for the provision of those patents. The competent authority designated by or under general measure of management shall be responsible for this processing.
6 In the case of a general measure of governance, rules relating to the protection of personal data obtained in the framework of River Information Services, as well as with respect to the protection of privacy, shall be established. in the application of River Information Services.
7 In the rules to be laid down pursuant to paragraphs (a) or (e) of paragraph 1, the third and sixth paragraphs may, in relation to parts designated therein, be the responsibility of our Minister for the lodging of detailed rules.
8 By arrangement of Our Minister, rules relating to the equipment and software applications used for the purposes of River Information Services may be provided by persons and organizations not participating in the system. shipping traffic as referred to in the first paragraph, part e.
1 Decisions relating to the affixing or removal of a traffic sign shall be taken by the competent authority. This authority shall ensure the affixing or removal of traffic signs.
2 The competent authority may confer on the person responsible for the exercise of the powers conferred by or pursuant to this Law with regard to participation in the acts referred to in the first paragraph, from the power to take decisions referred to in the first paragraph. the shipping traffic on the relevant shipping network.
1 A traffic sign indicating a command or prohibition or the lifting of a commandment or prohibition shall not be applied or removed, except as provided for in the general measure of administration, after the entry into force of the prohibition on the use of the product concerned. Decision has been published by the concern of the competent authority.
2 An interested party may appeal to the court against a decision referred to in the first paragraph.
3 In the case of a general measure of management, rules may be laid down for the adoption of decisions as referred to in paragraph 1 and the manner in which they are to be published.
1 Of a commandment or prohibition, indicated by a traffic sign, may be granted by the competent authority, if necessary, restrictions, exemption or exemption. Rules may be attached to a decision to grant exemption or exemption.
2 When applying the first paragraph, account shall be taken of the importance or interests of which the relevant commandment or prohibition has been placed.
3 A decision on an exemption or notification of a decision relating to an exemption shall be published by the competent authority.
4 In the case of a general measure of management, rules may be laid down for the establishment of decisions relating to an exemption or a derogation and the manner of publication as referred to in the third paragraph.
5 The competent authority may confer on the person responsible for exercising the powers conferred by or pursuant to this Law with regard to participation in shipping traffic in the Member States under the powers conferred on it by the first paragraph. Appropriate shipping network.
The Articles 5 to 7 shall be applicable mutatis mutandis in respect of notices having the same effect as a traffic sign.
1 In the case of, or under general management, the persons competent to provide traffic information or to provide traffic instructions shall be determined.
2 In the case of, or under general management, rules shall be laid down regarding the requirements to be met by persons referred to in the first paragraph as regards training, skills and experience for the purposes of carrying out the provisions referred to in that paragraph tasks.
3 If, pursuant to the measure referred to in paragraph 2, rules are laid down for police officers appointed for the execution of the police task, those rules shall be set in accordance with our Minister for Security and Justice.
1 The master is required to travel during sea shipping on the inside of the ship. Annex This law indicates that ships ' ships are to be used by the services of a pilot.
2 The obligation referred to in paragraph 1 may be compulsory in respect of one or more of the following: Annex Navigability of the vessel specified in this law by a general measure of administration shall be exempted for:
a. designated categories of sea-going vessels;
b. Sea-going vessels if the master or a mate on board is in possession of a declaration of relief and as a traffic participant during the voyage on the relevant ship's vessel. A declaration of exemption shall be issued to the person who meets the requirements of the general management measure. Rules relating to the issuing of the declaration of exemption and the training and examination of those who wish to qualify for such a declaration shall be laid down or under general rules of management. (i) designate one or more authorities which, in addition to the boards of the regional pilots ' corporations, shall be responsible for training and conducting examinations.
3 Of the obligation laid down in paragraph 1 may, in circumstances or cases to be determined by a general measure of management, and on a manner in which it is to be provided by Our Minister or any other authority designated by that measure, if necessary restrictions, to be granted for a seagoing vessel waiver. Rules may be attached to a decision to grant a derogation.
4 When applying the second and third paragraphs, account shall be taken of the Article 3, first paragraph Those interests.
In order to comply with the application for the issue of a declaration of exemption, periodic checks on the holders of declarations and the withdrawal of declarations, personal data relating to health shall be processed. The processing of these data shall be carried out in order to assess whether the legal requirements for the issue of a declaration are no longer fulfilled. The administrative body designated by or under general management of the Board responsible for issuing and withdrawing declarations of exemption shall be responsible for that processing.
1 In circumstances or cases to be determined by a general measure of management, and on a manner to be specified in that measure, our Minister or other authority designated by that measure may
a. The master who is the master Article 10, second paragraph , from the lead light is exempt, nevertheless are required to travel on one in the sea during the sea shipping. Annex (a) the use of the services of a pilot, indicated by this law;
(b) the master shall be obliged to travel to a shipping vessel designated by the said Minister or by that other authority during the voyage of the seagoing vessel which is not indicated in the Annex of this law, to make use of the services of a warehouse; and
(c) The master shall be required to follow instructions for lead and lead in respect of:
1 °. the use of more than one pilot; and
2 °. make use of the services of a pilot vessel on board the seagoing vessel, either from shore or from another ship.
2 The measure referred to in paragraph 1 shall not apply to ships which are subject to a lead in the case of, or under Chapter III of the Scheldereglement, the vessel.
1 In the case of a general measure of management, captains are subject to obligations for the purpose of piloting.
2 These obligations shall apply only to:
a. Applications of a pilot warehouse;
b. The service provision of a pilot.
(c) providing the necessary information for the information necessary to lead;
(d) the provision of facilities necessary for piloting.
3 In the rules to be laid down pursuant to paragraph 1, the Minister may, in relation to certain parts thereof, be empowered to lay down detailed rules.
The provisions of this paragraph shall apply mutatis mutandis to a ship which is not a sea-seagoing vessel and the person in charge of such a vessel, if this ship is at sea.
1 Where it is reasonably necessary for the competent authority to consider the transfer or removal of traffic signs for the shipping traffic which is on a shipping network in connection with another entry in, on or above that route, to undertake activities which do not belong to the normal traffic of that vessel, that other authority may be obliged by the competent authority to reimburse the costs incurred for the affixing or removal of such a vessel. Those traffic signs.
2 If it is reasonably required by the competent authority to follow ships on a ship's vessel, to provide traffic information or to accompany them with a ship in connection with another vessel in, on or above that vessel, undertaking vessels which are not part of the normal traffic operation of that vessel, that other authority may be obliged by the competent authority to make good the costs incurred in respect of those measures.
1 The costs related to the application and the issue of diplomas and declarations of exemption as referred to in Article 4 (2) of the EC Treaty Article 10, second paragraph, part b , participation in the required training and examinations and the issue of other documents, required by or under this Act, may be charged to the applicant for the diploma or other document, respectively. candidate for the intended exams.
2 The fees for the costs of participation in the training and examinations, and for the provision of copies from the registers to be kept under this Act by the Dutch lead authority, shall be adopted by decision of the Authority Consumer and Market, in accordance with the provisions of, or pursuant to, Chapter VIA of the Loodsen Act. The charges for other costs shall be fixed by ministerial arrangement.
1 The master on whom an obligation as referred to in the Articles 10, 1st paragraph , or 11, 1st Member , rest, or the owner or hull charterer of the vessel concerned or the person who is a commander of a seagoing vessel which is not a 'Scheldevaarder', as provided for in Article 9 (1) of the Scheldereglement, shall be obliged to pay pilotage.
2 The master making use of the services of a pilot during the course of the voyage of a vessel without an obligation on him as intended for the purposes of the operation; Articles 10, 1st paragraph , or 11, 1st Member , rest, or the owner or barter charterer of the vessel concerned, has been obliged to pay pilotage.
3 The person liable to pay pilotage may be required by the organisation to which the pilotage is due, to lodge a security with regard to the payment of the pilotage and to the provision of the amount of the pilot money. determination of the applicable rate of information.
1 The amount of pilotage shall be reimbursed for the costs incurred in respect of piloting.
2 The pilot money is payable to the organization to be established by the General Board of the Dutch lead authority. This designation is made known in the Official Gazette . shall be subject to compliance with Article 26 Loodsen Act rules relating to the use of pilotage by the designated organisation and may also, subject to the provisions of that Article, be subject to rules on:
a. collection of pilotage;
(b) the obligation to provide security with regard to the payment of pilotage;
(c) the consequences of the default of the organisation in respect of the collection or use of the pilotage;
d. the obligation of the master to provide the information required in connection with the determination of the applicable tariff.
1 The collection of pilotage and pilotage, which is charged to the State by the Scheldereglement, shall be effected in accordance with the rules applicable to or under the Scheldereglement by a general council of the European Union. Nederlandse loodsen's corporation to designate organisation. This designation shall be published in the Official Gazette.
2 The organisation designated under the first paragraph is entitled to the pilotage and piloting fees levied pursuant to the Scheldereglement.
3 To the designation referred to in paragraph 1 shall be taken into account: Article 26 Loodsen Act rules relating to the use made by the organisation of the funds to which these funds are to be applied and may, also subject to the provisions of that Article, be subject to rules on:
a. the collection of pilotage and pilotage;
(b) the consequences of the default of the organisation in respect of the collection or use of pilotage and pilotage.
1 A clue, intended to be used in the Articles 15a, second paragraph , and 15b, first paragraph , there is a need for the approval of the Consumer and Market Authority. Without prejudice Article 10:27 of the General Administrative Law Act The approval may be withheld only if the importance of proper market surveillance is opposed.
2 One under the Articles 15a, second paragraph , below 15b, first paragraph , designated organisation shall make an administrative distinction in the accounts for each service or task assigned to or under the law to the exclusion of registered pilots, the organs of the Dutch and regional pilots ' corporations, Organisations or associations of pilots ' pilots have been assigned.
3 By arrangement of the Consumer and Market Authority, detailed rules may be laid down regarding the accounts referred to in the second paragraph.
4 The general council and the assembly of the Dutch lead authority shall be responsible for the provisions of the Articles 15a, second paragraph , below 15b, first paragraph , designated organisations, and of the organizations designated for the implementation of Article 15, first paragraph, point (b) of the Loodsen Act set up cooperative arrangements of registry guides, require all information and data to be supplied by those bodies for the exercise of their own resources and Lead law to reasonably require tasks to be performed. The organisations and associations shall cooperate fully within the time limit set.
1 The master, owner or hull charterer of a seagoing vessel conducted by a traffic participant on whom an obligation is intended to be carried out in accordance with Article 4, third paragraph , aimed at participating in traffic counselling, it is required to pay the traffic guidance tariff and to provide the information required in connection with the provision of the tariff.
2 In cases to be notified of general measures of management and on a manner to be adopted in that measure, our Minister may waive the obligation to pay to a master, owner or bareboat charterer in whole or in part of the rate referred to in the first paragraph. Rules and restrictions may be attached to a decision to grant a derogation.
3 Section 4.1.3.3 of the General Law on administrative law shall apply to the exemption from the obligation to pay the rate referred to in the first paragraph.
1 The traffic guidance tariff is intended to reimburse the State for the cost of providing traffic, in so far as it is intended to provide an individual service.
2 The rate referred to in paragraph 1 shall be payable to the State. In the case of a general measure of management, the shipping lines on which the tariff is payable shall be determined and the measures applicable to the application and the exemptions from the traffic guidance tariff shall be regulated. It may lay down rules on the provision of security.
3 The rate referred to in paragraph 1 shall be fixed by ministerial arrangement. In the case of ministerial arrangements, rules shall also be laid down concerning the collection and the method of payment of the tariff. Our Minister, the administrative body designated by ministerial arrangement or the official designated by ministerial order, shall be responsible for issuing a warrant for the recovery of the sum of money due.
The Articles 15 and 15 A shall apply mutatis mutandis to a ship which is not a sea-seagoing vessel and to the person in charge of the vessel, which owns the vessel or operates it as a bare-chip charterer.
The Articles 15 C and 15 Ed shall apply mutatis mutandis to a ship which is not a sea-seagoing vessel and belongs to a category which may be designated by general management and on the person in charge of that ship, or it operates as a bareboat charterer.
1 The person carrying a ship belonging to a category to be designated by a general measure of management shall be obliged to provide certain information to the persons designated by or pursuant to that measure for the purpose of statistics. with regard to the ship, the cargo carried, or the journey to be carried out.
2 Further rules shall be laid down in the case of a general measure of management. These rules shall apply only to:
a. the content of the information to be provided;
b. the places where data is to be provided;
c. the provision of the data.
1 In the case of a general measure of administration, rules relating to the use of shipping routes may be laid down by persons other than on a vessel.
2 These rules shall be limited to the prevention or limitation of nuisance or danger to maritime traffic.
The setting of rules under the provisions of the Chapters 2 to 4 take account of binding treaties and binding decisions of international organisations.
1 In the case of a general measure of administration, rules may be laid down for the participation in shipping traffic in order to comply with conventions or decisions of international organisations to the extent that they bind the Kingdom. Dutch seagoing vessels:
a. in the high seas;
b. All non-Dutch waters connected to the high seas and navigable to sea-to-sea vessels.
2 The provisions of the first paragraph, part B It shall not apply to the extent that the competent authorities responsible for such waters have been subject to different rules for that purpose.
1 In the case of a general measure of administration, for the purposes of the implementation of conventions or decisions of international organizations relating to the organisation of the shipping traffic off the Dutch coast outside the Dutch territorial sea, insofar as those treaties or decisions bind the Kingdom, rules are to be laid down. To the extent to which it is implemented, Article 211 (6) of the United Nations Convention on the Law of the Sea (Trb), established in Montego-Bay on 10 December 1982, is implemented. 1983, 83) shall be taken in accordance with the rules laid down in that Convention.
2 In the rules to be laid down pursuant to paragraph 1, the Secretary of State may, in respect of its designated parts, be declared responsible for the lodging of detailed rules.
1 In the case of a general measure of governance, in implementation of the Revised Convention for the Navigation of the Rhine, in so far as this is necessary for the proper implementation of that Convention with respect to shipping, rules on matters other than those of the Chapters 2 to 4 shall be set.
2 In the rules to be laid down pursuant to paragraph 1, the Secretary of State may, in respect of its designated parts, be declared responsible for the lodging of detailed rules.
In the application of the Articles 19 to 21 deviate from the provisions of this Law, if they are treaties or acts of international organizations in so far as they bind the Kingdom to that end.
If the President of a security region, in the event of a disaster or crisis, is in a position to assist the Joint Nautical Authority in Article 6 of the Convention on the Common nautical-management system, he shall submit a request for a decision on the aid of the Joint Nautical Authority, which shall be Request to our Minister. Our Minister shall forward this request to the Joint Nautical Authority.
Our Minister, if it is the competent authority, is empowered to impose a charge under administrative constraints in order to enforce the obligations imposed by or under this law.
Our Minister is entitled to carry out that contrary to the particular interest of or under Article 15 B , first and third members It will be left.
If a traffic participant to whom a road sign has been given, a Article 4, first paragraph, part d The competent authority shall be empowered to impose a charge on a charge of a charge under the conditions laid down in Article 4 (2) of Regulation (EEC) No 723. Administrative coercion to prevent or combat that danger.
It shall be prohibited to use, intentionally, another ship or other vessel belonging to another vessel for the purpose of participating in the shipping traffic on a ship's network.
1 It is the person who conducts or directs a ship on a ship's vessel, or advises the captain or the traffic participant on board a vessel, or advises the traffic participant on the navigation to be carried out, shall be prohibited to do so while he is in the sea such influence of a substance which he knows or must reasonably be aware of, that its use, whether or not in combination with the use of any other substance, of the ability to conduct or direct that ship, or the ability of the vessel to carry it advise of the captain or traffic participant, may reduce, that he should not be able to be deemed that able to properly conduct or be able to board or be able to send, or to properly advise the captain or the traffic participant.
2 It is the person who conducts or directs a ship on a ship's vessel, or advises the captain or the traffic participant on board of a ship, or advises the traffic participant on the navigation to be carried out, shall be prohibited from doing so, after such use of the ship. an alcoholic beverage, which:
a. The alcoholic strength of his breath in an investigation appears to be higher than two hundred and twenty micrograms of alcohol per litre of air-breathing air;
b. The blood alcohol content of his blood at an examination appears to be higher than 0,5 milligrams of alcohol per millilitre of blood.
3 It is the person who undertakes a ship sailing on a ship's vessel to do so by a person, of whom he knows or reasonably needs to know that it is in a situation as defined in paragraph 1 or in the second paragraph.
4 It is the person who carries or is prohibited from carrying out a vessel carrying a vessel on a ship's vessel when it is in a condition defined in the first or second member and is obstructed or threatened to obstruct traffic.
5 In this article and in the Articles 28 , 28a and 29 'a ship' means a ship which is not anchored or moored.
6 In this Article, a small ship means:
a. A ship with a length of less than 20 metres which is propelled by muscle power only;
b. A ship with a length of less than 5 metres which is propelled by means of its sails exclusively or which uses an engine with which no higher speed can be attained than six kilometres per hour.
7 In this Article, the length of a ship means the maximum length of the torso measured from the front of the forward to the rear of the rear part of the ship.
1 The person who performs on a ship's vessel or sends a ship, or as a pilot on board a ship, is the master or the master of a ship sailing on a ship's vessel, as referred to in Article 141 of the Code of Penal Procedure. Traffic participant advises on the navigation to be carried out, obliged to cooperate with a preliminary examination of the air and to that end by means of a breath-breathing atmosphere to be provided by the APB in an air Designated device.
2 The first paragraph shall apply mutatis mutandis to the person who is embarkating a ship which is ready, to carry or to send, on a ship before departure, or as lead on board a ship to the captain or traffic participant to advise on the navigation to be conducted.
1 If the person entering or sending a ship on a ship's vessel, or when piloting on board a ship advises the master or traffic participant on the navigation to be carried, is suspected of acting in contraa Article 27, first, second or fourth members , an investigation officer may be intended to Article 141 of the Code of Criminal Procedure advise him to cooperate in an investigation as referred to in Article 27, second paragraph A .
2 The suspect to whom the order referred to in paragraph 1 is given is obliged to breathe breathing air in a device intended for the investigation and to comply with all the instructions given by the investigating officer for the purpose of the investigation.
3 The first and second paragraphs shall apply mutatis mutandis to the person who has been involved in a ship which is ready to conduct, conduct or steer a ship on a ship before departure or, as a pilot, on board a vessel of such a kind as the master or the ship. to advise traffic participant about the navigation to be conducted if the investigating officer can reasonably assume that they are conducting, sending or advising them to act contrary to the information Article 27, first or second paragraph .
4 The obligations referred to in paragraph 2 shall not apply to the suspect who is likely to be likely to cooperate in an investigation of the air out of breath which is not desirable for him for particular medical reasons.
5 In the case referred to in paragraph 4, or if the suspect's cooperation has not resulted in a completed investigation of the air, the investigating officer may ask the suspect if he/she gives his consent to carry out his or her inquiries. of an investigation as referred to in Article 27, second paragraph B . Equal jurisdiction shall have an investigation officer if the suspect is suspected of being under the influence of another person. Article 27, first paragraph Substance other than alcoholic beverages.
6 If the defendant does not grant the consent requested under the fifth paragraph, the officer may, a relief officer of justice or any of the officials appointed for that purpose under the control of Our Minister of Security and Justice, may of the police, appointed for the execution of the police task, orders him to submit to a blood test.
7 The suspect who has been ordered to submit to a blood test is required to comply with this injunction and to cooperate. It shall be taken by a doctor as much blood as necessary for the investigation.
8 The obligations referred to in paragraph 7 shall not apply to the suspect who is likely to show that the reduction in blood for him is undesirable for special medical reasons.
9 Persons exempted under the eighth paragraph of the seventh paragraph are obliged to cooperate with a prosecutor, a prosecutor of justice or by one of the persons responsible for the judicial system of justice. Minister of Security and Justice designated officers of police, appointed for the execution of the police task, ordered investigation in order to be used otherwise than by blood or breath testing Article 27, first paragraph , the substances referred to or in Article 27, second paragraph B , to establish the said content.
10 If the defendant is unable to make known his will, he/she may, with the consent of the district attorney, a prosecutor of justice or any of the officials appointed for that purpose under the control of our Minister of Security and Justice. of the police, appointed for the execution of the police task, by a doctor of the amount of blood referred to in paragraph 7, unless it is likely that this is undesirable for particular medical reasons. Examination of the blood shall not take place than after the defendant has been given the opportunity to authorise his/her consent. If necessary, he may be ordered to cooperate in accordance with the sixth paragraph. The suspect to whom a warrant has been issued shall be obliged to cooperate. If the suspect refuses to cooperate, the blood sample shall be destroyed.
11 In the case of a general measure of administration, made on a proposal from our Minister for Security and Justice, rules shall be laid down on the methods of implementation of Article 28 and of this Article . These rules also cover the possibility of carrying out a counter-examination. In the case of a settlement of our Minister for Security and Justice, rules for the implementation of those rules shall be laid down in the cases specified in that general measure of administration.
1 A criminal investigation officer as referred to in Article 141 of the Code of Criminal Procedure where there is a serious suspicion that the person carrying or sending a ship on a ship's vessel, or as a pilot on board a ship, shall advise the master or the traffic participant on the navigation to be carried out, shall act in accordance with the procedure laid down in Annex II. Battle with Article 27, first, second or fourth members , impose a prohibition on that person on a ship sailing or send a ship, or as a pilot on board a ship to advise the master or traffic participant on the navigation to be conducted, for the duration of the ship. which he expects this condition to continue until up to twenty-four hours.
2 The first paragraph shall apply mutatis mutandis to the person who has been involved in a ship which is ready, to be carried or to be sent on a ship before departure, or as lead on board a ship of the master or of the traffic participant advise on the navigation to be carried out, if the investigating officer has serious reason to believe that such conduct, sending or advising will lead to action in violation of the Article 27, first or second paragraph .
3 The person to whom a prohibition pursuant to this Article has been imposed shall, during the period for which the prohibition applies, be prohibited from carrying on a ship or by sending a ship, or as a pilot on board a ship of the ship of the ship, or advise the traffic participant on the navigation to be conducted.
4 The person to whom a prohibition has been imposed pursuant to this Article shall be obliged to follow the orders given by the investigating officer for the purposes of the prohibition.
1 To the extent to or under the Revised Convention for the Navigation of the Rhine is provided for in the subject of the Arrangement of Article 27, first to fourth paragraphs , these article members are not applicable.
2 Where, in the case of or under the Revised Convention for the Navigation of the Rhine is provided for in the subject of the Arrangement of Article 27, first to fourth paragraphs , are the Articles 27 (5) , 28 , 28a and 29 applicable mutatis mutandis.
1 It is prohibited to, without being competent to do so, Article 4, first paragraph, part b , either to affine or to remove or to remove or dispose of a traffic sign established under the Convention on the Common nautical-management system.
2 It shall be prohibited to apply or retain any object of any kind which may cause confusion or endangering the movement of shipping on a ship's vessel, and it shall be prohibited to apply it or to put it at the top of it.
1 Act in violation of Article 26 If not, do not apply to Penal code With a maximum of six months ' imprisonment or a fine of the third category, it shall be punished.
2 Act in violation of the Articles 27 (1) to (4) , 28 A , second, seventh, ninth and tenth member , and Article 29, third and fourth paragraphs , shall be punished by imprisonment of a maximum of three months or a fine of the third category.
3 Act in violation of Article 28 shall be punished by imprisonment of a maximum of two months or of a fine of the second category.
4 Violation of the rules, stated under Article 4 and of the rules attached to a decision, taken under Article 7, first paragraph or, mutatis mutandis, by virtue of Article 8 , shall be punished with:
(a) custody of not more than two months or a fine of the third category, if the offence was committed in the Dutch territorial sea, provided that the Convention on the common nautical management is not applicable, the Rotterdam Convention waterway, the North Sea Canal or the Ems-Dollard,
Detention of not more than two months or a fine of the second category, if the offence was committed on another vessel;
Detention of up to two months or a fine of the third category, where the infringement relates to the reception, retention or provision of data relating to shipping by organisations or persons not participating -to the shipping line.
5 Violation of Article 10, first paragraph , with a seagoing vessel or ship as intended Article 13 , shall be punished with custody of a maximum of two months or a fine of the third category.
6 Failure to comply with the obligations of the Article 11 , as well as violation of rules, stated under Article 12 , and of the rules attached to a decision taken pursuant to Article 10, third paragraph , with a seagoing vessel or ship as intended Article 13 shall be held in custody for a period of not more than two months or of a fine of the third category.
7 Violation with a Dutch vessel of the under Article 20, first paragraph , laid down rules, committed in the high seas or on another in Article 20, first paragraph B Where such rules apply to that ship, detention shall be subject to a maximum of two months ' imprisonment or a fine of the third category.
8 Violation of the under Article 21 rules shall be punished in custody of a maximum of two months or a fine of the fourth category.
9 Violation of Article 30 shall be held in custody for a period of not more than two months or of a fine of the second category.
10 Violation of Article 17 and of the rules, stated under Article 18 , shall be punished with custody of a maximum of two weeks or a fine of the first category.
11 Infringement of rules laid down by this Law, as referred to in the fourth, sixth, seventh, eighth and 10th paragraphs, constitutes a criminal offence only to the extent expressly provided for in those rules.
12 The provisions of paragraph 4, introductory wording and part (b), and the 10th paragraph shall not apply to infringements of offences which are punishable under Article 32 of the Revised Convention for Rhine Navigation.
13 The offences set out in paragraphs 1 and 2 of this Article shall be criminal offences. Offences which are punishable under or under the third to tenth members shall be infringements.
14 The Dutch criminal law shall apply to any person who has committed a criminal offence under the eighth paragraph.
15 Where reference is made to or pursuant to this Act to acts adopted in the framework of the International Maritime Organisation of the United Nations relating to the organisation of the shipping traffic, it may be decide also to be a criminal offence if those decisions were made in the English language and are known.
1 Infringement of Article 9, first paragraph, of the Scheldereglement with a seagoing vessel, a Scheldestader or a ship as intended Article 13 shall be held in custody for a period of not more than two months or a fine of the third category.
Failure to comply with the rules of an exemption provided for in Article 9 (4) of the Scheldereglement, of an obligation under Article 11 of the Scheldereglement, and infringement of the rules laid down in Article 9 (4) of the Scheldereglement. pursuant to Articles 13 (1) and 14 (1), first paragraph of the Scheldereglement, shall be subject to custody of two months or a fine of the third category.
3 Infringement of the rules laid down in Article 4, third paragraph, of the Convention on the common nautical management shall be penalised with:
a. Custody of not more than two months or a fine of the third category, if the offence was committed in the Dutch territorial sea or the Westerschelde;
Custody of not more than two months or a fine of the second category, if the infringement was committed on another ship of ship to which that Convention applies;
Custody of not more than two months or a fine of the third category, if the infringement relates to the receipt, retention or provision of data relating to shipping by organisations and persons not subject to the infringement; participating in the shipping sector;
In so far as the rule of law in question has been considered to be a criminal offence, the rule in question has been infringed.
Failure of a Member State to fulfil its obligations under the Convention on the common nautical-management system or prohibition, contained in a traffic sign or a notice of the same effect as a traffic sign, within the meaning of that Convention, or a traffic sign Regulation or restriction provided for by that Convention, linked to an exemption from, or exemption from, a traffic sign or publication with the same effect as a traffic sign or a road sign given under that Convention, shall be penalised with:
a. Custody of not more than two months or a fine of the third category if the offence was committed in the Dutch territorial sea or the Westerschelde;
Detention of up to two months or a fine of the second category, if the infringement was committed on another ship of ship to which that Convention applies.
5 The offences committed or offences under this Article are offences.
1 With the detection of the facts punishable by or under this Act and offences punishable under the Revised Convention for the Navigation of the Rhine, in so far as the latter concern the violation of provisions adopted pursuant to this Act, without prejudice to Article 141 of the Code of Criminal Procedure In order to do so by the competent authority, in accordance with our Minister for Security and Justice, designated special investigation officers. These officials are also responsible for the detection of the facts, punishable in the Articles 179 to 182 and 184 of the Code of Criminal Law , to the extent that these facts relate to an order, claim or act, made or taken by themselves.
2 Of a decision referred to in paragraph 1 shall be communicated by the State Official Gazette.
3 The Articles 5:13 , 5:15 to 5:17 and 5:20 of the General Law governing law shall be applicable mutatis mutandis.
An investigation officer as intended to Article 141 of the Code of Criminal Procedure if it can reasonably suspect, on the basis of facts or circumstances, that a ship has been involved in a collision involving a person killed, injured or injured in his or her health, or to any case that may have occurred does not belong to any person who is on the ship, harmed, in the interest of tracing the traffic participant or other persons forming part of the crew, are required to provide the information and data which are necessary for the determination of their identity and that of the ship.
1 With the supervision of compliance with or under this Act, officials appointed by the decision shall be responsible for the application of the provisions of the Article 32, first paragraph .
2 By a decision of Our Minister, other officials other than those referred to in paragraph 1 may be designated for the purpose of monitoring compliance with or pursuant to this Law. Officials of provinces, municipalities or localities shall be designated on a proposal basis and in accordance with the relevant boards.
3 In the act referred to in paragraph 2, requirements may be made as to the knowledge and knowledge of supervisors and the way in which they perform their duties.
4 The decision referred to in paragraph 2 shall be placed in the Official Journal.
5 The supervisors do not have the powers, mentioned in the Articles 5:18 and 5:19 of the General Administrative Law Act .
1 If a person is suspected of having, while conducting a seagoing vessel or conship of seagoing vessels,
a. a Article 31, first or second paragraph , has committed a criminal offence,
b. an in Article 31, fourth, fifth or sixth member , has committed a criminal offence which may cause serious danger to the safety of persons or property,
(c) has committed an offence referred to in Article 32 of the Revised Convention for the Navigation of the Rhine which may constitute a serious risk to the safety of persons or property, in so far as that offence relates to the infringement of a provision which is under this law established, or
d. An in Article 31a has committed an offence intended to create serious danger to the safety of persons or property,
and if it is reasonable to suspect that the person concerned will be evading the enforcement of a sentence imposed on him, the officer shall be entitled to take the measures referred to in paragraph 2.
2 The prosecutor shall be empowered to hold the vessel or the seagoing vessels of the assembly in a vessel to be designated by him on a vessel's vessel if, in his opinion, the person concerned has not provided sufficient security for a vessel. to determine the amount of money to be paid in order to impose a penalty on the commit of the offence. Before designating the place of detention, the D.A. shall consult the competent authority in respect of the vessel responsible for shipping.
The detention referred to in paragraph 2 may take no more than four days from the date on which detention is tending.
4 If within the period referred to in paragraph 3 a security is not lodged as referred to in the second paragraph, the Judge Commissioner responsible for the handling of criminal proceedings may decide upon the prosecution's claim that the detention of the criminal proceedings may be to extend the vessel's sea-going vessel or sea-going vessels up to a maximum of 30 days. The person referred to in paragraph 1 who is suspected of being a criminal offence referred to in that paragraph shall be heard in advance or at least duly called upon. The decision shall be enforceable immediately and shall be served on the person referred to in the preceding sentence.
5 The person referred to in paragraph 1 who is suspected of a criminal offence referred to in that paragraph and the Public Prosecutor may, for a period of 14 days after service of the decision of the Judge-Commissioner of the first person, Appeal the decision to the court. The court decides as soon as possible.
6 The prosecutor shall release the seagoing vessel or the seagoing vessels of the assembly as soon as the security required by him as a result of the second paragraph has been lodged.
7 The master shall be liable for the costs of the detention.
8 Once the judgment delivered in the case of criminal proceedings has become final, the guarantee referred to in paragraph 2 shall be terminated after a fine imposed by that judgment, plus the costs of detention, has been paid by the court or tribunal in question. has been deducted from it. Until that date and from the day the security has been lodged, interest shall be paid on the amount of interest paid for that interest shall be reimbursed up to a ceiling fixed under the provisions of Article 9. third member, of the Act on the consignment of funds ( Stb. 1980, 473).
9 With respect to this Article Article 1, fifth paragraph, point (b) , not applicable.
1 In the cases referred to in paragraph 2 (a), (b) or (c), the holder of a certificate against whom the minutes are to be drawn up for infringement of a rule as referred to in Article 1 (2) shall be issued. Article 35b, first paragraph , his boatmasters ' certificates to the investigating officer.
2 Vessels which have been recovered pursuant to paragraph 1 shall be transferred to the D.A. without delay. The D.A. shall have jurisdiction to hold certificates until the conviction has become irretrievable or, where the power of conduct of the ships has been denied unconditionally, until such time as the denial of the denial of conduct has been taken. has expired, if:
a. In the absence of such an examination, it has been established whether, in the absence of such an examination, there is a serious suspicion that the alcoholic strength of the breath of the person flying or sending a vessel is higher than 785 micrograms of alcohol per litre of air-breathing air, the alcoholic strength of his blood appears to be higher than 1.8 milligrams of alcohol per millilitre of blood;
b. having been at such a speed as to constitute a serious hazard to the safety of persons or goods; or
On the basis of other facts or circumstances, a serious account must be taken of the possibility that the driver may, again, be a fact referred to in the Article 35b, first paragraph -He will commit.
3 The prosecutor shall immediately return the certificate to the keeper:
a. If, within 10 days of the date of recovery, it does not apply to the second member;
b. if serious account must be taken of the possibility that, in the case of a conviction by the court, the holder will not be subject to any unconditional denial of the power to conduct a ship or not to be imposed on the holder; or unconditional denial of a longer duration than the time during which the certificate has been advanced or withheld; or
c. if the examination of the case at the hearing was not caught within 26 weeks from the day of recovery.
4 By application of the first or second paragraph, the person concerned may stand up for the handwriting. As long as no prosecution has been brought in the proceedings, the complaint shall be lodged at the Registry of the court in the district where the fact referred to in paragraph 1 was committed and otherwise at the Registry of the court of first instance in de facto instance for which the prosecution takes place or last took place. Article 552a, fourth and sixth paragraph, of the Code of Criminal Procedure shall apply mutatis mutandis. The hearing officer of the court of first instance shall, as soon as possible, after hearing the person concerned, be assisted by the counsel of his counsel, or at least called upon his/her reasoned decision, which shall be served without delay to the party concerned. The decision may be lodged in cassation by the public prosecutor's office within 14 days of the decision and by the party concerned within 14 days of the service. The High Court shall decide as soon as possible.
5 If the case ends without imposition of punishment or measure or with such imposition, but on the basis of a fact for which application of the first or second paragraph is not permitted, the judge may, at the request of the former defendant, give a grant compensation to the State for the damage suffered by it as a result of that application, including any prejudice that does not exist in capital damage. The Articles 89, third to sixth Member States , 90 , 91 and 93 of the Code of Criminal Procedure shall be applicable mutatis mutandis.
1 The holder of a boatproof licence shall be denied, for a period not exceeding five years, the power to conduct ships, provided that a boatmasters ' licence is required, for the conduct or conduct of the following:
a. a fast motor boat contrary to regulations stated under Article 4, first paragraph, parts a and d, and third member , and where serious danger to the safety of persons or property has arisen, or in violation of Article 27 , or
b. a ship for which a ministerial order is required by ministerial arrangement has been repeatedly in conflict with Article 27 .
2 If during the conduct of one of the facts referred to in paragraph 1, no five years have elapsed after the end of the period of time for which, in the case of a previous irrevocable conviction for one of those facts, the person concerned has the power to the conduct of ships has been denied, to the extent required by a boatmasters ' certificate, that authority may be denied that authority for a maximum period of 10 years.
3 When imposing the penalty, referred to in the first and second paragraphs, the time shall be during which the certificate of the convicted person is Article 35a have been recovered or retained for the duration of that penalty, before the time at which the penalty starts, has been deducted from the duration of that sentence.
4 The execution of the conviction does not take place than after the sentenced person has been awarded a letter, according to the Articles 587 and 588 of the Code of Criminal Procedure , in which the time of entry and the duration of denial, the obligation to deliver the certificate no later than that time, and the result of untimely delivery, are communicated.
5 The holder shall provide the certificate, unless it has been recovered and not returned, at the public prosecutor's office from which he received the letter of writing, as referred to in the fourth paragraph, at the latest at the time of entry into service of the denial.
6 Return of the certificate shall be carried out as soon as the period of the denial has expired.
7 The period of denial of power to conduct vessels shall be automatically extended by the number of days elapsed between the date on which the certificate was to be delivered by virtue of the fifth paragraph and the date of the date of expiry of that period. on which that submission has subsequently taken place.
An investigation officer who, in the exercise of the powers conferred on him by or under the law, is given the decision on a competent authority in respect of which the transfer is made in accordance with the provisions of this Chapter, of which an obligation to surrender exists or that due to the Inland waterway has lost its validity, is empowered to take boatproof and to direct it to the relevant prosecutor's office, to the person in whom the holder should have supplied that certificate to the body which issued it.
1 In the case of a general measure of management, provision may be made for the Articles 10, 1st paragraph , 15 C , first paragraph and 17 as well as the Articles 4 , 11 and 12 rules laid down in that measure shall not apply, or apply only subject to restrictions, to any Dutch or other war ships which are situated in the territorial sea or subsequent to it in that measure Dutch shipping companies identified in that measure.
A general measure of administration may provide that: Article 15, first and second paragraphs , not applicable, or only subject to restrictions, to ships other than the Dutch warships, if this has been agreed with the flag State of the ships concerned.
2 In the case of a general measure of management, the shipping traffic may use Dutch warships only for use by Dutch warships or by other Dutch ships or other vessels which are in use for the execution of the military task, shall be prohibited or restricted to a limited extent.
3 Infringements of the rules referred to in paragraph 2 shall be punished by imprisonment of a maximum of two months or a fine of the second category.
4 The offence referred to in the third paragraph shall be an infringement.
1 Without prejudice to: Articles 7, 1st paragraph , and 8, first paragraph, of the Coordination Act of Exceptions where exceptional circumstances make it necessary, by royal decree, on the proposal of Our Minister-President, for the whole or part of the country, Articles 37a, first paragraph , and 38 to be put into operation together or separately.
2 Where the decision referred to in paragraph 1 has been taken, a proposal for a law shall be forwarded to the Second Chamber forthwith, on the continuation of the operation of the provision in force for that decision.
If the proposal is rejected by the States-General, a royal decree, on the proposal of our Minister-President, shall without delay delay the provision which has been brought into force under paragraph 1.
4 By royal decree, upon the proposal of Our Prime Minister, the provision which has been brought into force under paragraph 1 shall be excluded as soon as the circumstances permit it to be considered.
5 The decision referred to in paragraphs 1, 3 and 4 shall be published in accordance with the procedures to be laid down therein. It shall enter into force immediately after the publication.
6 The decision, referred to in the first, third and fourth paragraphs, shall in any case be placed in the State Sheet .
1 [ Red: This paragraph has not yet entered into force; in case extraordinary circumstances make it necessary by royal decree, upon the proposal of Our Prime Minister, this Member may enter into force.]
By way of derogation from or by virtue of this Law, our Minister may take the measures he considers necessary in the interest of orderly conduct of the shipping traffic.
2 Our Minister is empowered to impose a charge of administrative force in order to maintain the measures taken by him under the first paragraph.
This part has not (yet) entered into force; see the summary of changes
1 The military authority designated under the Act of Law of the Netherlands is empowered to lay down rules on shipping lines if the restricted or general state of emergency has been declared; derogation from what is determined by or under this Act and from the control of public bodies other than the State by, or pursuant to, regulations relating to the organisation of the shipping traffic navigability of vessels, in so far as this is necessary for the execution of the military mission to maintain the External or internal safety is necessary.
2 Infringements of the rules referred to in paragraph 1 shall be punished with custody not exceeding two months or a fine of the second category.
3 The offence referred to in the second paragraph shall be an infringement.
The applicability of this law shall be limited by the exceptions recognised by international law.
The competence of provincial states, municipal councils, waterboards and harbours to lay down rules remains in place with respect to the subject provided for by this Act, insofar as those rules do not conflict with the current or This law has been passed.
The Law of 15 April 1891 ( Stb. 91), laying down provisions for the prevention of collision or propulsion in public waters in the Kingdom open to navigation, it being understood that the rules laid down by that law are to be deemed to have been under this law.
The Law of 20 April 1895 ( Stb. 71) shall be repealed with regard to the control of the baits in public waters.
The Sea Request Act 1977 ( Stb. 1979, 196) shall be repealed, on the understanding that the rules laid down by that law shall be deemed to have been imposed by virtue of that law.
1 [ Red: Contains changes to other regulations.]
2 The rules applicable under Article 1 (1) to (2) of the Law of 28 February 1891 laying down provisions concerning the State of Water Works prior to the entry into force of the first paragraph of this Article relating to the participate in the shipping traffic, shall be deemed to be made under this Act.
1 The draft general measure of management as referred to in the Articles 4, first paragraph, part a , 9, second paragraph , 10, second and third members , 11, 1st Member , 16a , which does not only contain provisions for the implementation of a decision of the Central Commission for the Navigation of the Rhine, is to be held simultaneously in the Official Gazette made known and submitted to the two Chambers of the States-General.
2 For 30 days from the day on which the publication is made, any person with regard to the draft may bring his views forward to our Minister.
3 Within the period referred to in the second paragraph, the wish to be given in the measure by or on behalf of one of the Chambers or by at least one fifth of the constitutional number of members of one of the Chambers of the States of the Chambers may be given. arrange the subject matter under the law.
4 In the case referred to in paragraph 3, we shall submit a proposal for a proposal as soon as possible.
1 The articles of this Law shall enter into force on a date to be determined by royal decree which may be determined differently for the various articles or parts of the various parts of the Member State.
2 Upon the entry into force of this law, our Minister of Security and Justice shall redefine the numbering of the articles, paragraphs and chapters of this Law, and shall bring the citations of the articles, paragraphs and articles in this Act. chapters with the new numbering in accordance. It shall ensure that the text of this law updated in accordance with the first sentence of this Directive is to be taken into account. State Sheet is placed.
This law can be cited as: Shipping Traffic Act.
Burdens and orders that are in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Issued in Gravenhage, 7 July 1988
Beatrix
The Minister of Transport and Water,
N. Smit-Kroes
Published on the 28th July 1988The Minister of Justice,
F. Korthals Altes
The ship's two ships, intended to Article 10, first paragraph , of the Maritime Traffic Act are the following:
I.
1. the Eemsmonding, as defined in Annex B of the Eems-Dollaring Convention ( Trb. 1960, 69), with the exception of the area to the south of the Geisedam, but including:
a. the ship's network from the sea luis at Delfzijl to the Oosterhornhaven;
b. The part of the territorial sea at the Eemsmonthing which lies within the area bounded by a line running from the position 53 ° 34 '.7NO6 ° 21' .90 to 53 ° 34 '.9NO6 ° 13' .70, from this point to 53 ° 37 '.1NO6 ° 19' .50, thence to 53 ° 39 '.0NO6 ° 27' 10 and hence to 53 ° 37 '.5NO6 ° 31' .20, without prejudice to the provisions of Article 40 of the Eems-Dollaration Convention;
2. The Vlierede, including the area between the tonnage lines, lying within a circle with a radius of a nautical mile, the centre of which is 53 ° 18 '.0 N 05 ° 10' .9 O, and the Rede of Texel, including the area between the Meridians of 04 ° 44 '.0 O and 04 ° 50' .0 O, bounded on the north side of the southern coast of the island of Texel and then by the parallel of 53 ° 00 ' .0 N and on the south side of the north coast of the province of North Holland and the north coast of the province of North Holland and the Ferry port and the external port up to the lock of the North Holland canal;
3. the navigable shipping lanes on the Wadden Sea between the Vlierede, Terschelling and Vlieland to the line running over the positions 53 ° 21 '.6 N 05 ° 12' .9 O and 53 ° 17 '.8 N 05 ° 03' .6 O, Harlingen, Kornwerdersand, Den Oever, Old Shield and the Rede of Texel.
II.
1. the part of the territorial sea lying within the area bounded by a line running from the position 52 ° 27 '.9NO4 ° 32' .00 to 52 ° 27 '.8NO4 ° 31' .00, hence to 52 ° 26 '.0NO4 ° 27' .80, from which point to 52 ° 26 '.9NO4 ° 19' .30, from which 52 ° 31 '.9NO4 ° 20' .90, hence to 52 ° 30 '.7NO4 ° 31' .20 and hence to 52 ° 28 '.1NO4 ° 32' .60;
2. the North Sea Canal;
3. the side channels to Beverwijk, to Haarlem and to Zaanstad;
4. the IJ up to the Oranjeslice and the entrance to the Amsterdam-Rhine Canal;
III.
1. the part of the territorial sea lying within the area bounded by a line running from the light south pier 51 ° 59.14 'N; 004 ° 02.49' O, thence to 51 ° 58.11 'N; 003 ° 57.86' O, thence to 51 ° 57.10 'N; 003 ° 40.05' O, thence to 51 ° 56.88 ' N; 003 ° 38.86 'O, hence to 51 ° 58.57' N; 003 ° 38.29 'O, and from there to 52 ° 02.08' N; 003 ° 39.21 'O; then to 52 ° 03.79' N; 003 ° 40.65 'O, and from there to 52 ° 05.84' N; 003 ° 42.43 'O; then to 52 ° 07.13' N; 003 ° 44.66 'O, hence to 52 ° 07.18' N; 003 ° 55.95 'O, and hence to 52 ° 07.19' N; 004 ° 00.08 'O; hence to 51 ° 59.67' N; 004 ° 02.84 ' O; and hence to 51 ° 59.14 'N; 004 ° 02.49' O (back at the south pier)
2. the Maasmond, the New Waterway, the Broadband, the Beercanal, the Yangtzecanal and the Calandcanal;
3. the Hartel Canal;
4. the Nieuwe Maas, the King's port;
5. the North, the Rietorbit;
6. the Oude Maas, the Spui and the Beningen;
7. de Hollandse IJssel to the stuw at Krimpen aan de IJssel;
8. the Beneden Merwede to Hardinxveld-Giessendam and the Wantij;
9. the Dordtsche Kil, the Krabbegeul and the Mallegat;
10. the Hollandsch Diep west of the Moerdijkbrug;
11. the Haringvliet and the Dirty Hole;
12. the Krammer envied the Krammerlocks, the South Vlije and the Volkerak;
including the ports situated in the shipping lanes listed in (I) to (III).
IV.
1. the part of the territorial sea lying within the area bounded by a line passing over the church towers of Aagtekerke and Domburg to the position 51 ° 37 '.0N, 03 ° 27' .2O, hence to the position 51 ° 42 '.6N, 03 ° 41' .6O;
2. port basins, harbours, scaffolding and landing sites located on the Westerschelde;
3. port basins, harbours, scaffolding and landing sites situated on the Canal from Ghent to Terneuzen;
4. the Oosterschelde, the Keeten, the Mastgat, the Zijpe and the Krammer south the Krammerlocks;
5. the English Channel through Walcheren, including the Verbroad ArneCanal to the railway bridge;
6. The Channel by South-Beveland;
7. the Lake Veerse, including the ports situated on the shipping lanes listed in points 1 and 4 to 7.
