Regulations on Yacht Safety Management

People's Republic of China Ministry of Transport Order 2008 Nianon7Hao  

"Yacht safety regulations" was 2008 Nian 7 Yue 8 Nikkei first 8 times ministerial meeting, is hereby promulgated, 2009 Nian 1 Yue 1 the effective date.

Minister　Li Shenglin 

Er ○○ Banian Qiyue Er Shier Ri

2 Chapter 1 General

Article 1

In order to standardize the safety management of yachts, ensure the safety of life and property on the water, prevent and control the pollution of the water environment by yachts, and promote the healthy development of the yacht industry, these regulations are formulated in accordance with the laws and administrative regulations on the safety management of water traffic and the prevention and control of the water pollution by ships.

Article 2

These regulations shall apply to the safety and pollution prevention and control of yacht navigation and berthing activities in waters under the jurisdiction of the People's Republic of China .

The “yacht” referred to in these regulations refers to a ship equipped with a mechanical propulsion power device that is limited to the yacht owner ’s own use for sightseeing, leisure and entertainment.

The “Yacht Club” referred to in these regulations refers to a legally established organization that provides yacht storage and use services for members who join the Yacht Club.

Article 3

The Maritime Safety Administration of the People's Republic of China uniformly implements the supervision and management of the safety of yacht water traffic and the prevention and control of polluted water environment throughout the country.

Maritime management agencies at all levels are specifically responsible for the supervision and management of yacht water traffic safety and the prevention and control of polluted water environment within their jurisdictions in accordance with their responsibilities.

3 Chapter 2 Inspection and Registration

Article 4

The yacht should be inspected by the ship inspection agency in accordance with the rules and regulations of yacht inspection approved or approved by the Ministry of Transport, and only after obtaining the corresponding ship inspection certificate .

The fifth

In one of the following situations, the yacht shall apply to the ship survey agency for additional survey:

(1) An accident occurs that affects the seaworthiness of the yacht;

(2) Changing the category specified in the yacht inspection certificate;

(3) The certificate issued by the ship inspection agency is invalid;

(4) The owner of the yacht changes, the name of the ship changes, or the port of registry changes;

(5) The yacht structure or important safety and anti-pollution facilities and equipment have changed.

Article 6

Yachts navigating and mooring in waters under the jurisdiction of the People ’s Republic of China shall obtain a ship ’s nationality certificate . Yachts without a ship's nationality certificate shall not sail or berth in the waters under the jurisdiction of the People's Republic of China.

To apply for registration of ship's nationality, the owner of the yacht should hold a ship survey certificate and a certificate of ownership, and issue a "Certificate of Ship Nationality of the People's Republic of China" after review by the maritime administration.

The nationality registration of yachts less than 5 meters in length shall be handled in accordance with the provisions of the preceding paragraph.

4 Chapter 3 Yacht Operator Training, Examination and Certification

Article 7

Yacht operators should undergo special training and examinations, possess professional knowledge and skills suitable for driving yachts and sailing waters, master the basic requirements of waterborne firefighting, lifesaving and emergency response, and obtain yacht operator certification issued by the maritime management agency. Any certificate.

No one who has not obtained the certificate of competency of the yacht operator may drive the yacht.

eighth

The application for the certificate of competence for yacht operators shall meet the following conditions:

(1) 18 years old or younger than 60 years old;

(2) Vision, color vision, hearing, oral expression, physical health, etc. meet the requirements of navigation safety;

(3) Passing the prescribed training for yacht operators and passing the examination.

Article 9

Those applying for the certificate of competence for yacht operators shall pass the examination organized by the maritime management agency authorized by the Maritime Safety Administration of the People's Republic of China.

To apply for the certificate of competence of yacht operators, they should go to the maritime management agency where the training or examination is located, and submit an application letter and relevant materials to prove that they meet the requirements for certification.

After review by the maritime management agency that meets the requirements for certification , a certificate of competence for yacht operators of the corresponding category valid for 5 years is issued.

Article 10

The categories of yacht operator qualification certificates are divided into marine yacht operator qualification certificates and inland yacht operator qualification certificates.

Article 11

Persons holding the certificate of competence of pilots, pilots, or pilots of sea vessels and inland river vessels can obtain the certificates of competence of sea yacht operators through corresponding practical operation training in accordance with the provisions of the yacht operator examination outline. And the certificate of competence of inland yacht operators.

Article 12

When the validity period of the yacht operator's certificate of competence is less than 6 months, the licensee shall apply to the original maritime management authority for certificate replacement procedures. If the relevant requirements in the renewal conditions are met, the maritime management agency shall issue a certificate of competence for the yacht operator of the same category.

If the certificate of competency of the yacht operator is lost or damaged, it may apply to the maritime management agency for replacement according to the prescribed procedures.

Article 13

Institutions established according to law to engage in the training of yacht operators shall meet the corresponding conditions and be approved by the Maritime Safety Administration of the People's Republic of China in accordance with the requirements of the relevant regulations on the management of crew training.

5 Chapter 4 Navigation and Parking

Article 14

Before the yacht sails, the yacht operator should make a safety inspection to ensure that the yacht is seaworthy.

Article 15

The yacht shall carry relevant ship certificates, documents and necessary sailing materials with the ship, and make relevant records such as sailing.

The yacht should carry radio communication tools that can communicate with the local maritime management agency and yacht club, and ensure effective communication with the shore.

The yacht operator shall carry the certificate of competency of the yacht operator when driving the yacht.

Article 16

The yacht shall apply for a fixed-term visa for a period of 12 months in accordance with the provisions of the “Visa Management Regulations” .

Article 17

The yacht should sail within the seaworthy range determined by its inspection certificate.

Before the first voyage, the yacht owner or yacht club shall record the sailing waters of the yacht to the local maritime management agency. Every time the yacht sails, if the sailing waters exceed the scope of the record, the yacht owner or yacht club shall report the vessel name, sailing plan, list of yacht operators or crew members, and emergency contact information to the maritime management agency before the yacht sails.

Article 18

When sailing a yacht, in addition to the rules for collision avoidance and special navigation regulations issued by the local maritime management agency, the following regulations should also be observed:

(1) The yacht should avoid sailing in bad weather and other situations that endanger navigation safety;

(2) Yachts should avoid sailing in the waters where the ship is routed, the main channel, anchorages, breeding areas, waters near ferries , and traffic-intensive areas and other traffic-controlled waters. If it is indeed necessary to enter the waters mentioned above, they should follow the instructions of the maritime administration , And abide by the speed limit regulations; yachts are not allowed to sail in restricted navigation areas and safe operation areas;

(3) Yachts that do not have the lights and other night sailing conditions are not allowed to sail at night;

(4) The yacht shall not sail beyond the approved crew.

Article 19

Yacht operators shall not drive under the influence of alcohol and fatigue.

Article 20

The yacht shall be moored in the special mooring water area or mooring point announced by the maritime administrative agency.

The dedicated mooring waters or mooring points of the yacht shall meet the requirements for safe docking of the yacht, shelter from the wind, and convenience for the safe entry and exit of personnel.

If the dedicated water area for yacht mooring belongs to the port water area, it shall comply with the relevant port planning .

Article 21

For the temporary mooring of yachts during navigation, the waters that do not hinder the navigation, mooring and operation of other ships should be selected. It is not allowed to park in the main waterway, anchorage, restricted navigation area, safe operation area, near the ferry and in the water area prohibited from parking announced by the maritime administration.

Article 22

Those who construct yacht mooring docks, breakwaters, and mooring facilities in the waters of the port shall apply for the corresponding licensing procedures in accordance with the provisions of the Port Law.

Article 23

Yachts sailing on international routes entering and exiting the ports of the People's Republic of China shall go through the import and export port procedures in accordance with the national regulations on ship import and export ports.

Article 24

The yacht shall not discharge oily substances, domestic sewage, garbage and other toxic and hazardous substances into the waters in violation of the laws, regulations and rules concerning the prevention and control of ship pollution .

The yacht should be equipped with the necessary sewage oil water recovery device and garbage storage container and be used correctly.

Waste batteries, oily substances, and domestic garbage generated by the yacht, such as waste batteries, should be sent to shore for reception and disposal, and records should be made.

6 Chapter 5 Security

Article 25

The yacht owner is responsible for the safety and pollution prevention of the yacht. The owner of the yacht shall be responsible for the daily safety management and maintenance of the yacht, to ensure that the yacht is in good safety and technical condition, and to ensure the safety of sailing, mooring, and personnel on the yacht.

For the yachts entrusted to the yacht club for safekeeping, the yacht owner shall sign an agreement with the yacht club to clarify the responsibilities of both parties with regard to yacht navigation, berthing safety, and daily maintenance, maintenance, and safety and anti-pollution management of the yacht.

The yacht club shall be responsible for the safety and pollution prevention of the yacht in accordance with the regulations of the maritime management agency and the agreement with the yacht owner.

Article 26

The yacht club should have the legal personality and the following safety and anti-pollution capabilities:

(1) Establish a yacht safety and anti-pollution management system and appoint corresponding full-time management personnel;

(2) Having corresponding yacht safe mooring waters, equipped with facilities for guaranteeing yacht safety and pollution prevention, and equipped with water safety communication facilities and equipment;

(3) Having the facilities and ability to carry out daily overhaul, maintenance and maintenance for the yacht;

(4) Ability to recover yacht waste, residual oil and garbage;

(5) Have safety and anti-pollution measures and emergency plans, and have corresponding emergency rescue capabilities.

Article 27

After the yacht club is registered in accordance with the law, it should be reported to the local maritime bureau directly under its jurisdiction or the local maritime bureau at the provincial level for record.

The Maritime Safety Administration directly under the Ministry of Transport or the local maritime administration at the provincial level shall verify the safety and anti-pollution capabilities of the yacht club for the record. Those who possess the capabilities specified in Article 26 shall be filed and announced.

Article 28

The yacht club shall undertake the following safety obligations for its members and the yachts it manages:

(1) Carry out propaganda, training and education on yacht safety, pollution prevention and control knowledge and emergency response to yacht operators and crew;

(2) Supervise yacht operators and crew members to abide by the regulations on water traffic safety and pollution prevention and management, and implement corresponding measures;

(3) Guarantee the safety of yachts in the moored waters or berths;

(4) Check the licenses of yachts and yacht operators to ensure that the sailing yachts and yacht operators hold corresponding valid certificates;

(5) Providing yachts with meteorological and hydrological information necessary for navigation and navigational (warning) warnings and other information services issued by the maritime management agency; when there are adverse weather conditions and other conditions that are unsuitable for sailing, or when the maritime management agency prohibits sailing , Should stop the yacht from sailing and notify the yacht that has sailed to return;

(6) Grasp the status of each sailing, return and crew of the yacht, and make records for future reference;

(7) Maintain smooth communication with yachts and maritime management agencies;

(8) Regularly organize emergency drills for internal management and emergency drills for members of the yacht in accordance with the emergency plan filed with the maritime management agency.

Article 29

The yacht must be marked with a special phone number for search and rescue on the water, a water safety channel published by the local maritime management agency and instructions for use.

Article 30

When a yacht is in danger or a water traffic accident or pollution accident occurs, the yacht operator and other crew members, the yacht club, and the ship or person who finds the danger or accident shall immediately report to the maritime management agency. The yacht club should immediately start the emergency plan. Before the rescue arrives, the people on the yacht should try their best to save themselves.

Yacht operators and other occupants shall promptly report to the maritime management agency any water traffic accidents, pollution accidents, help-seeking information, or illegal behaviors found during navigation and parking. Where rescue is required, the yacht should make every effort to rescue persons in distress on the water without seriously endangering the safety of the yacht.

7 Chapter VI Supervision and Inspection

Article 31

The maritime management agency shall implement supervision and inspection of yachts, yacht clubs and yacht operator training institutions in accordance with law. The yacht club and the yacht owner shall cooperate, and shall promptly rectify and eliminate the discovered safety defects and hidden dangers.

Article 32

If the maritime management agency finds that the yacht violates the water traffic safety management and the prevention and control of the ship's pollution environment, it shall order the yacht to correct it immediately; if it is not corrected as required or the circumstances are serious, the maritime management agency may order the yacht to temporarily stop, reroute, or sail to the designated Location, forced haul off, and prohibit entry and exit.

Article 33

If the maritime management agency finds that the yacht club no longer has safety and pollution prevention capabilities, it shall be ordered to make rectification within a time limit; if it is not rectified according to the requirements or the circumstances are serious, it may be removed from the list of yacht clubs published for record.

Article 34

The staff of the maritime management agency shall carry out supervision and inspection according to law, and shall present law enforcement certificates to indicate their identities.

8 Chapter 7 Legal Liability

Article 35

Those who violate the regulations and engage in the training of yacht operators without obtaining the yacht operator training license shall be ordered to make corrections by the maritime management agency and shall be fined not less than 50,000 yuan but not more than 250,000 yuan; if there is illegal income, the illegal income shall also be confiscated .

Article 36

Yacht operator training institutions of the following acts shall be ordered by the maritime administration corrections and may be 2 yuan more than 10 million fine; circumstances are serious, given withheld training license 6 months 2 years until revoked The penalty:

(1) Failure to conduct training in accordance with the requirements of this regulation and the training outline for yacht operators, or reduce training standards without authorization;

(2) The training quality is low, and the prescribed requirements are not met.

Article 37

In violation of these regulations, if the yacht sailing on the sea does not hold a qualified inspection certificate, registration certificate and necessary navigation information, the maritime management agency shall order it to make corrections and may impose a fine of not more than 1,000 yuan. Instruct them to stop sailing; a fine of less than 1,000 yuan may be imposed on the yacht operator , and a certificate of competence for the yacht operator may be detained for 3 to 12 months.

In violation of these regulations, if a yacht sailing in an inland river does not hold a qualified inspection certificate or registration certificate, the maritime management agency shall order it to stop sailing. If it refuses to stop, the yacht will be temporarily detained;

Article 38

In violation of these regulations, if the yacht operator does not carry a qualified certificate of competence when operating the yacht, the maritime management agency shall order it to make corrections and may impose a fine of not more than 2,000 yuan.

Article 39

The certificate of competence held by the yacht operator is obtained by improper means such as deception or bribery. The maritime management agency shall revoke the certificate of competence and impose a fine of more than 2,000 yuan but less than 20,000 yuan.

Article 40

In violation of this regulation, if the yacht commits one of the following acts, it shall be ordered to be corrected by the maritime management agency and may be fined up to 1,000 yuan:

(1) Mooring waters or mooring points that have not been announced by the maritime management agency or temporarily moored waters that do not meet the requirements of these regulations;

(2) The sailing waters of the yacht are beyond the scope of the record, and the yacht owner or yacht club has not filed the vessel name, sailing plan, list of yacht operators or crew members, emergency contact information, etc. with the maritime management agency before the yacht sails.

Article 41

Other violations of these regulations shall be punished in accordance with relevant laws, administrative regulations and rules.

Article 42

Personnel of the maritime management agency who neglect their duties, engage in malpractices for personal gains or abuse their powers, shall be given administrative sanctions according to law.

9 Chapter 8 Supplementary Provisions

Article 43

Yachts engaged in commercial transportation shall go through the procedures of ship inspection, registration and ship operation permits in accordance with the state regulations on the operation of ships.

Article 44

Yachts should pay the corresponding ship taxes and fees in accordance with national regulations.

Article 45

Crew fixed 12 people over the yacht, safety supervision and management in accordance with the ship.

Article 46

This provision since 2009 Nian 1 Yue 1 the effective date.