Article 8-6. Inspection of small vessels The Merchant Shipping Act

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1. Inspections of small vessels are carried out by officials of the territorial divisions of the authorized body in order to identify the compliance of the small vessel (regardless of the place of its state registration) and the boatmaster with the requirements of the legislation of the Republic of Kazakhstan on merchant shipping. Inspections of small vessels can be carried out both in the parking lot and on the move in the presence of the boatmaster of the small vessel.

Inspection of small vessels is carried out after clearing the area of operation of the vessel from ice.

A control inspection of small vessels is carried out during the period of operation of the vessel 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 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) the absence of fuel leaks, vibrations, damage to the engine remote control system, the presence and serviceability of the muffler, ensuring reliable switching on (off) of the reverse gear, the serviceability 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 and 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.

Based on the results of the inspection of a small vessel, an official of the territorial subdivision of the authorized body 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 on merchant shipping, an official of the territorial subdivision of the authorized body 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 that threaten the safety of navigation, human life and health, the environment, and the safety of cargo, an official of the territorial subdivision of the authorized body shall take prompt response measures provided for in paragraph 3 of this article.

When applying a rapid response measure, an act of supervision is issued.

The officials 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 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 an official of the territorial subdivision of the authorized body 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 subdivision of the authorized body.

3. The rapid response measures provided for in this article include the suspension and prohibition of the movement (operation) of small vessels in the presence of threats to the safety of navigation, human life and health, the environment, and the safety of cargo.

4. The grounds for the application of rapid response measures are violations of the requirements established by the legislation of the Republic of Kazakhstan, which are the subject of state control, in accordance with this article.

5. The territorial subdivision of the authorized body, during the implementation and (or) based on the results of the inspection of a small vessel, if violations of the requirements that are the basis for the application of rapid response measures are detected, issues an act of supervision.

The act of supervision is drawn up and handed over to the subject of control and supervision in accordance with Article 153 of the Entrepreneurial Code of the Republic of Kazakhstan.

6. In case of refusal to accept the act of supervision, upon its delivery, a corresponding entry is deliberately made in it and a video recording is made recording the fact of refusal to accept the act of supervision.

The act of supervision is sent to the legal address, location or actual address of the subject of control and supervision by registered mail with a notification of its delivery.

7. Refusal to receive an act of supervision is not a reason for its non-fulfillment.

8. Violations of the requirements identified during the implementation and (or) as a result of the inspection of a small vessel, which are the basis for the application of rapid response measures, are reflected in the inspection report of the small vessel, as well as in the instruction on the elimination of violations.

9. The subject of control and supervision is obliged to eliminate the identified violations of the requirements, which are the basis for the application of a rapid response measure, within the time limits specified in the regulation on the elimination of violations.

10. Upon expiration of the deadline for the elimination of violations of the requirements identified by the results of the inspection of a small vessel, an unscheduled inspection of a small vessel is carried out to monitor the elimination of identified violations of the requirements that are the basis for the application of an operational response measure.

The act of supervision is terminated if the territorial subdivision of the authorized body confirms the elimination of identified violations of the requirements that are the basis for the application of rapid response measures on the basis of the act on the results of an unscheduled inspection of a small vessel in accordance with subparagraph 2-1) of paragraph 5 of Article 144 of the Entrepreneurial Code of the Republic of Kazakhstan.

11. In case of non-elimination of identified violations of the requirements that are the basis for the application of rapid response measures, based on the results of an unscheduled inspection of a small vessel, measures are taken to bring the perpetrators to justice in accordance with the procedure established by the laws of the Republic of Kazakhstan.

12. Before the expiration of the time limits stipulated by the regulation on the elimination of identified violations, the subject of control and supervision is obliged to provide information on the elimination of identified violations of the requirements, accompanied by materials (if necessary) proving the fact of elimination of violations.

If the information provided for in part one of this paragraph is provided, an unscheduled inspection of a small vessel is carried out in accordance with part two of paragraph 10 of this article.

13. In case of disagreement with the results of the inspection of a small vessel, which led to the application of rapid response measures, the subject of control and supervision may file a complaint about the recognition of the act of supervision as invalid and its cancellation.

The complaint is submitted to a higher official, a state body in accordance with the procedure provided for in Chapter 29 of the Entrepreneurial Code of the Republic of Kazakhstan, or to a court in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

Filing a complaint does not suspend the execution of the act of supervision.

14. The grounds for invalidating the act of supervision and its cancellation are:

1) the lack of grounds for the application of rapid response measures;

2) the application of a rapid response measure on grounds that do not correspond to this measure;

3) the application by the territorial divisions of the authorized body of rapid response measures on issues outside their competence.

15. Information on the application of rapid response measures is sent to the state body that carries out activities in the field of state legal statistics and special accounting within its competence, in accordance with the procedure determined by the Prosecutor General's Office of the Republic of Kazakhstan.

The Law of the Republic of Kazakhstan dated January 17, 2002 No. 284.

This Law defines the legal, organizational, economic and international foundations of public administration in the field of merchant shipping and regulates relations related to the transportation of passengers, baggage and cargo, ensuring safety in maritime transport and environmental protection.

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Republic of Kazakhstan

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