Rs 747.321.71 Order Of 20 December 2006 On The Swiss Certificate Of Capacity For The Conduct Of Yachts At Sea (Order On The Certificate Of Conduct At Sea)

Original Language Title: RS 747.321.71 Ordonnance du 20 décembre 2006 sur le certificat suisse de capacité pour la conduite de yachts en mer (Ordonnance sur le certificat de conduite en mer)

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747.321.71 order on the certificate of capacity for the conduct of yachts at sea (the certificate of conduct at Sea Ordinance) of December 20, 2006 (State October 1, 2014) the Swiss Office of maritime navigation (SMNO) Swiss, view of art. 35, al. 2 of the Federal law of September 23, 1953 on maritime navigation under the Swiss flag, seen art. 19, al. 3, of the Ordinance of March 15, 1971, on the Swiss yacht sailing in the sea, stop: Section 1 certificate of capacity art. 1 categories and validity review recognized by the SMNO bodies issue certificates of capacity for the conduct of yachts at sea (sea driving certificates) for the following categories of ships: a. yachts to sail with or without propulsion mechanics; b. motor yachts.

The certificate of conduct at sea is issued for the class of ships for which the applicant presents a certificate within the meaning of art. 3. the certificate of conduct at sea allows its holder to drive sports or pleasure craft boats in coastal areas and on the high seas without any geographical restrictions and for an unlimited period.

Foreign certificates may not be redeemed for a certificate of good conduct in Swiss sea, whether or not the Switzerland to recognize them.

Repealed by the O I no from 15 July. with effect from October 1, 2014. 2014 (2014 2365 RO).

Art. 2 conditions to obtain the certificate of conduct at sea, the candidate must: a. be 16 years at least; (b) has passed the examination requirements detailed in annex 1; c. justify marine basic training (art. 3); d. produce a certificate certifying that he followed a first aid course (art. 4); e. produce an attestation certifying that he has a vision and hearing sufficient (art. 5); f. justify a practice of navigation at sea that meets the requirements set out in art. 6 to 9; g. paying fixed fees (art. 2A).

To be admitted to the exam, the candidate must be at least 16 years old. Minor candidates must produce a written authorization of their parents or their representative legal.
Candidates wishing to obtain the extension of their certificate of conduct at sea to an additional category of boats are required only to fulfil the conditions laid down in para. 1, let. c, f and g.

New content according to chapter I of the O from 15 July. 2014, in effect since Oct. 1. 2014 (2014 2365 RO).
New content according to chapter I of the O from 15 July. 2014, in effect since Oct. 1. 2014 (2014 2365 RO).
New content according to chapter I of the O from 15 July. 2014, in effect since Oct. 1. 2014 (2014 2365 RO).

Art. 2aEmoluments emoluments are set out in annex 1. Their amount is reassessed and, if necessary, adapted every five years.
The review bodies may receive fees, calculated pro rata temporis, in compensation for extraordinary expenses.
The General order of 8 September 2004 on the emoluments applies as long as the Ordinance does not provide for specific rules.

Introduced by section I of O from 15 July. 2014, in effect since Oct. 1. 2014 (2014 2365 RO).
SR 172.041.1 art. 3 attestation establishing marine basic training the candidate must justify his nautical training in producing its cantonal boats permit or equivalent.
The SMNO statue on the equivalence of other securities.

Art. Justifying 4Attestation of a first aid course the candidate can get the certificate establishing a first aid course at the end of an officially recognized training.
The certificate should not have been issued more than six years before the date of submission of the application.
Are exempt: a. doctors, dentists, veterinarians and pharmacists; (b) graduate nurses.

New content according to chapter I of the O from 15 July. 2014, in effect since Oct. 1. 2014 (2014 2365 RO).

Art. 5 Visual and auditory ability the candidate must justify a Visual acuity and an ability to distinguish sufficient color. The certificate must be issued by a doctor or a graduate optician. She should not have been established more than one year before the date of the submission of the complete dossier.
The applicant must justify hearing capacity. The certificate must be issued by a doctor. She should not have been established more than one year before the date of the submission of the complete dossier.

Art. 6 General requirements for practice of navigation at sea the practice of shipping must be acquired: a. outside internal waters, on the corresponding category boats taking into the sea and with active participation of the candidate to the navigation and the steering of the vessel; b. in the company of a driver of boats, which, under the law of the flag State is authorized to drive a boat of the category in question.

The crew of base cannot include more than two people.
The great crossings, with or without stopovers, are recognized at the rate of 500 nautical miles up. during a stopover or once the completed crossing distances are recognized if they are mentioned separately.

Art. 7 practice required for the grant of the certificate of conduct at sea candidates for the certificate of conduct at sea must justify at least of the following experience: a. for the conduct of yachts to sail, with or without mechanical propulsion: 1. 3 weeks of navigation including at least 18 days at sea, and2. 1000 nautical miles traveled, including 700 at least after having passed the knowledge test;

(b) for the conduct of motor yachts: 1. 2 weeks of navigation comprising at least 10 days at sea, et2. 500 nautical miles traveled, including at least 400 after having passed the knowledge test.

Is taken into account up to four complete (calendar) years experience front and four complete (calendar) years after the success to the knowledge test.

Art. 8 practice required for the extension of the certificate of conduct at sea to another category of ships holders of a certificate of conduct at sea seeking the extension of this certificate to another category of boats must have at least the following experience: a. If they possess the certificate authorizing the conduct of motor yachts and they want to extend it to sail yachts with or without mechanical propulsion: 1. 10 days at sea, and2. 500 nautical miles traveled;

(b) if they have the certificate authorizing the conduct of yachts to sail, with or without mechanical propulsion and that they want to extend it to motor yachts: 1. 5 days at sea, and2. 100 nautical miles traveled.

Is taken into account the experience gained during the four years (full calendar years) that preceded the filing of the application for an extension of the certificate of conduct at sea.

Art. 9 practice required for the grant of a certificate of conduct at Sea covering the two categories of yachts candidates wishing to obtain a certificate of good conduct at Sea covering simultaneously the two categories of yachts must justify the minimum experience required in art. 7, for the first category of boats, and minimum experience referred to in art. 8, for the second category.

Art. 10 certificates justifying a practice of navigation in sea is recognised as evidence justifying a practice of navigation at sea certification course approved by the SMNO in accordance with Schedule 3.
A photocopy of the book may be required at any time.
The ship's log may be required at any time.
Candidates are not allowed to sign a statement justifying a practice of navigation at sea for themselves or for another candidate.

New content according to chapter I of the O from 15 July. 2014, in effect since Oct. 1. 2014 (2014 2365 RO).
New content according to chapter I of the O from 15 July. 2014, in effect since Oct. 1. 2014 (2014 2365 RO).

Art. 11 request candidates submit their request for certificate of conduct at sea, accompanied by the complete record, one of the review bodies recognized.
The application may be filed at the latest at the end of the fifth full calendar year following the date on which the review was successful.
The certificates or incomplete, confusing or illegible documents are rejected.

Art. 12 confidentiality all the documents submitted in support of an application for certificate of conduct at sea are dealt with confidentially. Only the review body, the experts and the SMNO are allowed to consult.

Section 2 article review bodies recognition 13Conditions nautical associations and schools of maritime navigation that wish to be recognized as review bodies for the issue of certificates of conduct at sea must send a written request to the SMNO.
The SMNO approves the request if the following conditions are met:

a. the applicant has a corps of examiners able to interrogate each year the minimum number of candidates attached to the art. 14, al. 2; (b) he proves that he has formed or training institutes attached formed at least 120 candidates the year of filing of the request, as well as the following year; c. two years after the filing of the petition, he organizes a probationary review under the control of the SMNO; six months at the latest before the date of the probationary review, he submits for approval of the SMNO, in triplicate, his list of exam questions, including the work related to the tides and the work on maps, along with the forms and relevant tables.

New content according to chapter I of the O from 15 July. 2014, in effect since Oct. 1. 2014 (2014 2365 RO).

Art. 14 demands on recognized review bodies review body or training institutes attached to him regularly organize training courses required to obtain the certificate of conduct at sea.
The review body organises examinations for 120 candidates at least annually.
The examiners appointed by the review body should not participate in the formation of candidates.
The review body has a permanent secretariat that will ensure that candidates who have acquired the practice of navigation at sea required by this order (arts. 6-9) have presented a complete and that the certificate of conduct at sea them then was issued.

New content according to chapter I of the O from 15 July. 2014, in effect since Oct. 1. 2014 (2014 2365 RO).
New content according to chapter I of the O from 15 July. 2014, in effect since Oct. 1. 2014 (2014 2365 RO).

Art. 15 amendment of documents intended to review any changes to the exam questions, including work on tides and work on maps, and forms to the relevant examination tables, must be approved by the SMNO.

Art. 16 review and withdrawal of recognition every five years at least, the SMNO ensures that the requirements to the review bodies recognized under articles 14 and 15 are met. If this is no longer the case, he withdraw recognition.
In case of serious breach of this order, the SMNO may suspend the recognition of a review body until the latter has remedied the failure. Repeated serious infringements, the SMNO permanently withdrew recognition.
Withdraw recognition if the review body enters into liquidation.

New content according to chapter I of the O from 15 July. 2014, in effect since Oct. 1. 2014 (2014 2365 RO).
Introduced by section I of O from 15 July. 2014, in effect since Oct. 1. 2014 (2014 2365 RO).

Section 3 Procedure and remedies art. 17. the procedure and remedies are governed by the General provisions of the Federal procedure.

Section 4 provisions final art. 18 repeal of existing directives internal guidelines of May 1982 on the recognition of new bodies entitled, under art. 19, al. 2, of the order of 15 March 1971 on yachts sailing in the sea, Swiss to organize exams for obtaining the certificate of capacity allowing the conduct of a Swiss yacht at sea are repealed.

Art. 19 transitional provisions review bodies which are already recognized by the SMNO then of the entry into force of this order retain this recognition provided that, within a period of three months from the date of entry into force of this order, they provide evidence that they have met the requirements of art. 14 during the two years preceding the entry into force.
Review recognized bodies submit to the approval of the SMNO their list of exam questions, including work on tides and work on maps, as well as the forms and tables are relevant, in five copies.
Recognition of the review bodies died nine months after the entry into force of this order if the conditions laid down in the al. 1 and 2 are not met.
The provisions of this order apply to the preparation of the certificate of conduct at sea even if the holder has passed its review in accordance with the former regulations.
Holders of a certificate of conduct at sea in accordance with the former regulations review can exchange this certificate without providing any proof justifying their Visual acuity and their hearing ability.

Art. 20 entry into force this order comes into force April 1, 2007.

Annex 1 (art. 2, para. 1, let. b) reviews 1. Empowered to pass examinations for the certificate of conduct at sea and experts designated by the review bodies recognized, must be themselves holders of the certificate of conduct at sea.
2. people who participated in the training of candidates cannot assume the function of Manager review or expert exams.
3. the list of examination questions, including work on tides and work on maps, as well as the forms and relevant tables, must be approved by the SMNO.
4. the theoretical exam includes the following subjects: - Group 1 A: Navigation, driving boats B: C: D: E: medicine on board maritime meteorology seamanship - 2 F: work related to the tides - 3 Group G: work on maps 5. The questions are the same for both categories of boats (motor yachts) and yachts to sail, with or without mechanical propulsion.
6 the test questions in subjects A to E must understand that those appearing in the list of test questions (work on tides, work on maps, forms, and including relevant tables) as it has been approved by the SMNO. questions in F and G contents must be of the same type as those contained in the collection.
7 responses to examination questions must be given in writing. The multiple choice system can be applied. The entries made on the maps and calculations made in response to questions from groups 2 and 3 are part of the answers and must be made with them.
8. a number of points is assigned to each question according to its importance and its difficulty.
9. the knowledge test is considered successful if the candidate obtains at least 75% of the points awarded to the questions in each subject.
10. candidates who fail in one or more subjects have a year to return to the Group of subjects in which they failed. Partial examination, the examination fee is reduced.
11. the time that candidates have to review is seven hours maximum. The Division of time between groups 1, 2 and 3 is determined by each review body.
12. the written way illegible or incomplete responses are not taken into account.
13. all the documents and objects other than pens and drawing material, the formula for the calculation of tides and the handouts to review are prohibited; are notably prohibited phones, the radio telephones, programmable calculators and computers.
14. If a candidate is using documents or unauthorized devices, the person in charge of the examinations may order him to leave the room on the field. In this case, the review is considered not managed. The review authority don't discuss the results of the review with the candidates, either during the examination or after the exam.
15. the date and place of regular examination sessions are set by the review bodies.
16. the review bodies may bring the conduct of the reviews under their own terms.
17. the amount of the fees is fixed as follows: CHF review 300 part-time 200 establishment of the first certificate 250 exchange of a certificate, registration of changes or provision of a duplicate 150 extension of the certificate to another category of 200 18 boats. Fees must be paid at registration. They are not refunded if the candidate does not or fail the test.
19. special examination sessions can be arranged at the request of a candidate. It may be forced to assume all the costs associated with this session.
20. the hourly rate for extraordinary expenses varies from 100 to 200 francs depending on the required knowledge.

Update according to ch. II al. 1 o from 15 July. 2014, in effect since Oct. 1. 2014 (2014 2365 RO).

October 1, 2014 annex 2 State (art. 10, al. 2) logbook and certification of course 1 log book 1.1 log book must be kept on a daily basis by the driver of the boat and must contain the following information: - data of the boat according to flag certificate; - input and output ports (place and date); - names, address and nationality of the driver of the boat; - date , place and authority of establishment of the certificate of conduct at sea, type and number of this certificate - name, address and nationality of the other people on board, functions they perform on board, ports of embarkation and disembarkation (place and date); - plan shifts; - reports of sea (weather, winds, caps and corrections, loch, wing, engine hours and indication, at regular intervals, the road followed and estimated the boat position); - comments or events such as accidents damage etc.

1.2 book edge shall bear the signature of the driver of the boat.


2 certificate of course 2.1 by their signatures, the driver of the boat, and the candidate confirm has traveled the distances indicated and that he was actively involved in the navigation and to the manoeuvres.2.2 of course must also contain the following information:-name, date of birth, address and nationality of the candidate; - the sea release date , number of days of navigation and ports of departure, stopover and arrival; - distances in miles on the bottom, under sail, under engine, number of hours at sea by winds of more than five Beaufort; - of the boat according to flag certificate; - the flag certificate number and State having issued the and any other registration, owner and port of registration - data; name, first name, address and nationality of the driver of the boat , type and number of his certificate of conduct at sea - statements of background of the applicant including at least two registrations per day; - information on the activities that the candidate has carried on board in the following areas: security, weather, navigation, maneuvers to sailing, mooring and port maneuvers.

On October 1, 2014 State annex 3 (art. 10) sea 1 nautical training. The certificate of course describes the skills and operations necessary for the conduct of a yacht.
2. the nautical knowledge and execution the following manoeuvres safely must be verified during the training by a driver of a boat qualified to do exams and confirmed by his signature: a. General knowledge on the yacht, knowledge about its use, to the placement of the safety equipment and control the engine and sails; b. knowledge of rules of prevention of collisions (c) anchoring and docking maneuvers; d. port maneuvering; e. man maneuvers to the sea; f. evaluation of weather and the State of the sea; g. safe browsing, identification of the position of the yacht, choice of adequate maritime route.

Introduced by section II al. 2 o from 15 July. 2014, in effect since Oct. 1. 2014 (2014 2365 RO).

State on October 1, 2014