Article 17-1. Conducting inspections of vessels (including small ones) by territorial divisions of the Law on Inland Waterway Transport
1. Inspections of vessels (including small ones) are carried out in order to identify the compliance of the vessel (including small ones) (regardless of the place of its state registration), the crew with the requirements of the legislation of the Republic of Kazakhstan regulating the safe operation of vessels (including small ones). Inspections of vessels (including small ones) can be carried out both in the parking lot and on the move in the presence of the captain or the first navigator (senior mate) and the boatmaster of small vessels.
The inspection of inland navigation vessels and small vessels is carried out after the inter-navigation period, and river–sea navigation vessels - after operation at sea when they enter inland waterways.
Control inspections of vessels (including small ones) are carried out during navigation no more than once every two months or during a traffic accident, as well as in the case of an administrative offense.
2. During the inspection of self-propelled vessels, the following are subject to verification::
1) ship's documents (availability, validity periods, and the procedure for maintaining them) specified in Article 23 of this Law;
2) the staffing table and the order (or other document) of the shipowner on the operating mode of the vessel and the work of the crew;
3) navigation maps of inland waterways;
4) in-court documentation on the organization of a watch, navigator, and general court rescue service (availability, quality of management):
watch schedule;
alarm schedules and personal cards of the crew members;
the magazine (file) of weather forecasts;
journal (file) of travel information and notices to boatmasters;
5) the presence and condition of the National Flag of the Republic of Kazakhstan, the name (numbers) of the vessel and registration numbers on the sides, the cargo mark on the hull;
6) compliance of the vessel (composition) with the category and conditions of the navigation area, standard schemes of formation of compositions and dimensions of the way;
7) compliance with the standards of passenger capacity and carrying capacity, freeboard (according to the cargo mark), providing a view from the ship's control post;
8) the presence and effect of light and sound alarms;
9) availability and operation of navigation, navigational and electrical navigation devices according to the standards of river navigation;
10) compliance with the standards of the Register of shipping of the number of collective and individual rescue equipment, pyrotechnics, emergency supplies, the correctness of their labeling, location and storage;
11) staffing of the crew in accordance with the staffing table and requirements for the minimum number of ship crews;
12) the presence of the command staff of diplomas for the right to occupy relevant positions, certificates of attestation;
13) compliance on current and previous voyages (according to the entries in the logbook) with standard train formation schemes, standards of passenger capacity and carrying capacity, restrictions on the area and conditions of navigation and other requirements specified in the registration documents, the regime of watchkeeping, the frequency of training alarms and training on actions in case of steering failure;
14) excluded by the Law of the Republic of Kazakhstan dated 04/06/2024 No. 71-VIII (effective sixty calendar days after the date of its first official publication).
15) compliance with the instructions of employees of territorial divisions in the current navigation.
2-1. When inspecting non-self-propelled vessels (which do not have a mechanical installation for independent movement), the following are subject to inspection:
1) ship's documents (availability, validity periods, and the procedure for maintaining them) specified in Article 23 of this Law;
2) the presence of the name (number) of the vessel and registration numbers on the sides, the cargo mark on the hull;
3) compliance of the vessel (composition) with the category and conditions of the navigation area, standard schemes of formation of compositions and dimensions of the way;
4) compliance with the standards of passenger capacity and carrying capacity, freeboard (according to the cargo brand);
5) compliance with the instructions of employees of territorial divisions in the current navigation.
3. Based on the results of the inspection of the vessel, an employee of the territorial subdivision draws up an inspection report indicating the name (number) and registration number of the vessel, the shipowner, and the date of the inspection. In case of detection of violations of the legislation of the Republic of Kazakhstan on inland waterway transport, the employee of the territorial unit issues an order indicating the list of detected violations and the time frame for their elimination. In the absence of ship's documents and in cases threatening the safety of navigation, the employee of the territorial unit shall take prompt response measures provided for in paragraph 3 of Article 7-1 of this Law.
When applying a rapid response measure, an act of supervision is drawn up, the form of which is determined by the authorized body, indicating the duration of this measure (if necessary).
The ship's inspection report and the order are drawn up in two copies and signed by an employee of the territorial unit and the captain (first navigator or senior mate). If the captain (the first navigator or the senior mate) refuses to sign, an entry is made in the ship's inspection report or order indicating the stated reasons for the refusal.
The first copy of the ship's inspection report and regulations are kept on the ship, the second – in the territorial division in the ship's business.
The act of supervision is drawn up in two copies, signed by an employee of the territorial unit and the captain (first navigator or senior assistant captain). If the captain (the first navigator or the senior mate) refuses to sign, an entry is made in the supervision act indicating the stated reasons for the refusal.
The first copy of the supervision act is kept on the ship, the second copy is in the territorial division in the ship's business.
The employees of the territorial unit who conducted the inspection of the vessel are responsible for the accuracy of the records in the ship's inspection report, the order and the act of supervision.
4. During the inspection of small vessels, the following are subject to verification::
1) ship's ticket;
2) certificate for the right to operate a self-propelled small vessel;
3) passing a technical inspection;
4) compliance with the standards of passenger capacity and cargo capacity, restrictions on the area and conditions of navigation, proper placement of passengers and cargo on a small vessel;
5) availability of rescue, fire-fighting and drainage facilities;
6) the presence of the registration number on the sides;
7) the absence of through holes in the hull of the vessel, regardless of their location, the absence or depressurization of hermetic compartments and (or) air boxes of the vessel;
8) the presence of the steering device mounting parts provided by the design or damage to its components, failure to ensure the reliability of its operation;
9) absence of fuel leaks, vibrations, the presence and serviceability of the muffler, damage to the engine remote control system, failure to reliably turn on (off) the reverse gear, malfunction of the engine start lock (motor) when the reverse is on;
10) compliance of the equipment and equipment of the vessel with the type of vessel;
11) availability, serviceability or conformity of distinctive lights;
12) operation of the vessel in the basins (areas) corresponding to the established class of the vessel;
13) availability and serviceability of steering, signaling, anchor and mooring devices;
14) matching the maximum power of the installed engine.
5. Based on the results of the inspection of a small vessel, an official of the territorial subdivision draws up an inspection report of the small vessel, indicating the name (number) and registration number of the small vessel, the shipowner (boatmaster), and the date of the inspection. In case of detection of violations of the legislation of the Republic of Kazakhstan regulating the safe operation of vessels (including small ones), the official of the territorial unit issues an order indicating the list of detected violations and the time frame for their elimination. In the absence of ship's documents and in cases threatening the safety of navigation, the employee of the territorial unit shall take prompt response measures provided for in paragraph 3 of Article 7-1 of this Law.
When applying a rapid response measure, an act of supervision is drawn up, the form of which is determined by the authorized body, indicating the duration of this measure (if necessary).
The inspection report of a small vessel and the order are drawn up in two copies according to the forms approved by the authorized body and signed by the official of the territorial unit and the boatmaster. If the boatmaster refuses to sign, an entry is made in the inspection report of the small vessel or the order indicating the stated reasons for the refusal.
The first copy of the inspection report of a small vessel and the order is kept by the shipowner, the second – in the territorial division.
The act of supervision is drawn up in two copies, signed by an employee of the territorial unit and the boatmaster. If the boatmaster refuses to sign, an entry is made in the supervision act indicating the stated reasons for the refusal.
The first copy of the supervision act is kept by the shipowner, the second copy is in the territorial division.
The employees of the territorial unit who conducted the inspection of the small vessel are responsible for the accuracy of the records in the inspection report of the small vessel, the regulation and the act of supervision.
The Law of the Republic of Kazakhstan dated July 6, 2004 No. 574.
This Law regulates public relations that arise between government agencies, individuals and legal entities in the field of inland waterway transport during navigation, transportation of passengers, baggage and cargo, operation of small vessels, including on bodies of water not related to inland waterways and sea waters, and also defines their rights, duties and responsibilities..
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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