Yacht safety regulations
Ministry of Transport of the People's Republic of ChinaOrder No. 7 of 2008
The Regulations on the Safety Management of Yachts, which were adopted by the 8th Ministerial Meeting on July 8, 2008, are hereby promulgated and shall come into force as of January 1, 2009.
Section head Li Shenglin
July 22, 2008
2Chapter I General Provisions
Article one
These Provisions are formulated in accordance with the laws and administrative regulations on water traffic safety management and prevention and control of water environment pollution by ships for the purpose of standardizing the safety management of yachts, ensuring the safety of life and property on water, preventing and controlling the pollution of water environment by ships and promoting the healthy development of the yacht industry.
Article 2
These Provisions shall apply to the safety and pollution prevention and control of yacht sailing, berthing and other activities in waters under the jurisdiction of the People's Republic of China.
The term "yacht" as mentioned in these Regulations refers to the vessel with mechanical propulsion power device which is used only by the owner of the yacht for sightseeing, recreation and other activities.
The yacht club mentioned in these Regulations refers to the legally established organization that provides yacht storage and use services for the members who join the yacht club.
Article 3
The Maritime Safety Administration of the People's Republic of China shall exercise unified supervision and administration over the safety of Marine traffic for yachts and the prevention and control of polluted waters.
The maritime administrative agencies at all levels shall, in accordance with their duties, be specifically responsible for the supervision and administration of yacht water traffic safety and the prevention and control of the environment of polluted waters within their jurisdiction.
Chapter II Inspection and Registration
Article 4
The yacht shall be inspected by the ship inspection authority in accordance with the yacht inspection regulations and norms approved or recognized by the Ministry of Transport, and can be used only after obtaining the corresponding ship inspection certificate.
Article 5
In any of the following circumstances, the yacht shall apply to the ship inspection authority for additional inspection:
(1) An accident occurs that affects the seaworthiness of the yacht;
(2) changing the category specified in the yacht survey certificate;
(3) the certificate issued by the shipping inspection authority is invalid;
(4) Change of yacht owner, change of ship name or change of port of registration;
(5) The yacht structure or important safety and pollution prevention facilities and equipment have been changed.
Article 6
Any yacht sailing or berthing in waters under the jurisdiction of the People's Republic of China shall obtain a certificate of nationality of the vessel. Yachts that do not hold a nationality certificate shall not sail or moor in waters under the jurisdiction of the People's Republic of China.
To apply for the registration of ship nationality, the yacht owner shall hold the ship inspection certificate and the ownership certificate, which shall be issued by the maritime administrative agency after examination and verification.
The nationality registration of yachts less than 5 meters in length shall be handled with reference to the provisions of the preceding paragraph.
4Chapter III Training, examination and certification of yacht operators
Article 7
Yacht operators shall pass special training and examinations, possess professional knowledge and skills appropriate to the yacht they are driving and the waters they are sailing in, master the basic requirements of fire fighting, lifesaving and emergency response on water, and obtain a certificate of competency for yacht operators issued by the maritime administrative agency.
No person shall sail a yacht without a certificate of competency as a yacht operator.
Article VIII
To apply for a certificate of competency for yacht operators, the following conditions shall be met:
(1) Over the age of 18 and under the age of 60;
(2) eyesight, color vision, hearing, oral expression, physical health, etc. meet the requirements of navigation safety;
(3) Pass the prescribed training for yacht operators and pass the examination.
The ninth article
The applicant for the certificate of competency of yacht operator shall pass the examination organized by the maritime administrative agency authorized by the Maritime Safety Administration of the People's Republic of China.
Those who apply for the certificate of competency of yacht operators shall go to the maritime administrative agency where the training or examination is taking place, and submit the application form and relevant materials proving that they meet the conditions for certification.
After examination and verification by the maritime administrative agency and meeting the conditions for certification, the relevant category of yacht operator competency certificate with a validity period of 5 years shall be issued.
Article ten
The types of certificates of competency for yacht operators are divided into certificates of competency for Marine yacht operators and certificates of competency for river yacht operators.
Article 11
Persons who hold certificates of competency for captains, pilots or pilots of sea-going vessels or inland waterway vessels may obtain certificates of competency for sea-going yacht operators and certificates of competency for inland waterway yacht operators respectively through corresponding practical operation training in accordance with the provisions of the examination syllabus for yacht operators.
Article 12
When the validity period of the certificate of competency of yacht operator is less than 6 months, the holder shall apply to the original issuing maritime administrative agency for the renewal of the certificate. Where the relevant requirements in the renewal conditions are met, the maritime administrative authority shall issue a certificate of competency for the yacht operator of the same class.
If the certificate of competency of the yacht operator is lost or damaged, it may apply to the maritime administrative agency for replacement in accordance with the prescribed procedures.
Article 13
The institutions established according to law to engage in the training of yacht operators shall have 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 state regulations on the management of crew training.
5Chapter 4 Navigation and Anchorage
Article 14
Before sailing, yacht operators shall conduct safety checks to ensure that the yacht is seaworthy.
Article 15
The yacht shall carry with it relevant ship certificates, documents and necessary navigational information, and keep records of navigation and other related matters.
The yacht shall carry with it radio communication tools that can communicate with local maritime authorities and yacht clubs, and ensure effective communication with the shore base.
The yacht operator shall carry the yacht operator's certificate of competency when piloting the yacht.
Article 16
Yachts shall apply for a regular visa for a period of 12 months in accordance with the Regulations for the Administration of Vessel Visas.
Article 17
The yacht shall sail within the seaworthiness specified in its survey certificate.
The yacht owner or yacht club shall, before the first sailing, put the sailing waters of the yacht on record with the local maritime administrative authority. Every time a yacht sails, if the sailing waters exceed the scope of the record, the yacht owner or the yacht club shall report the name of the yacht, the sailing plan, the list of the yacht operator or crew, and the emergency contact information to the maritime administrative authority before the yacht sails.
Article 18
In addition to observing the collision avoidance rules and the special navigation regulations issued by the local maritime administration, the yacht shall also observe the following provisions when sailing:
(1) The yacht shall avoid sailing in bad weather and other circumstances that endanger the safety of navigation;
(2) Yachts shall avoid sailing in the waters of ship alignment system, main waterways, anchorage, culture areas, waters near ferries, dense traffic areas and other traffic control waters, and if it is necessary to sail in the above waters, it shall obey the command of the maritime administrative agency and observe the speed limit; Yachts shall not sail in restricted navigation areas and safe operation areas;
(3) Yachts without lights and other night sailing conditions shall not sail at night;
(4) The yacht shall not sail in excess of authorized occupants.
Article 19
Yacht operators shall not drink driving, fatigue driving.
Article 20
Yachts shall berth in the special berthing waters or berthing points announced by the maritime administrative authority.
The special berthing waters or berthing points of yachts shall meet the requirements for safe berthing of yachts, shelter from wind and facilitate safe embarkation and departure of personnel.
Where the special waters for the berth of yachts belong to port waters, they shall conform to the relevant port planning.
Article 21
When a yacht is berthing temporarily during a voyage, it shall choose waters that do not impede the navigation, berthing or operation of other ships. It is not allowed to berth in the main waterway, anchorage, restricted navigation zone, safe operation zone, ferry vicinity and in the waters where berthing is prohibited as announced by the maritime administrative authority.
Article 22
Where a yacht berthing pier, breakwater or mooring facility is to be constructed in the waters of a port, an application for the corresponding licensing procedures shall be made in accordance with the provisions of the Port Law.
Article 23
Yachts sailing on international routes entering and leaving ports of the People's Republic of China shall go through port entry and exit formalities in accordance with state regulations on port entry and exit for ships.
Article 24
Yachts shall not discharge oil substances, domestic sewage, garbage and other toxic and harmful substances into waters in violation of the laws, regulations and rules on the prevention and control of pollution from ships.
The yacht shall be equipped with the necessary oil and water recycling devices, garbage storage containers, and properly used.
Waste batteries and other wastes, oil substances and household refuse generated by yachts shall be sent to the shore for receiving and processing, and records shall be made.
6 Chapter V Security
Article 25
The owner of the yacht is responsible for safety and pollution prevention. The yacht owner 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 the yacht sailing, berthing and personnel on the yacht.
If the yacht is entrusted to the yacht club, the owner of the yacht shall sign an agreement with the yacht club to clarify the responsibilities of both parties in respect of the navigation and anchorage safety of the yacht, as well as the routine maintenance and maintenance of the yacht and the management of safety and pollution prevention.
The yacht club shall assume the responsibility for the safety and pollution prevention of the yacht in accordance with the provisions of the maritime administrative authority and the agreement with the yacht owner.
Article 26
The yacht club shall have the legal personality and the following safety and pollution prevention capabilities:
(a) establish yacht safety and pollution prevention management system, equipped with corresponding full-time management personnel;
(2) Having appropriate waters for the safe anchorage of yachts, equipped with facilities to ensure the safety of yachts and prevent pollution, and equipped with water safety communication facilities and equipment;
(3) Having the facilities and ability to carry out routine overhaul, maintenance and maintenance of yachts;
(D) have the ability to recycle yacht waste, residual oil and garbage;
(5) Have safety and pollution prevention measures and emergency plans, and have the corresponding emergency rescue capacity.
Article 27
After the yacht club is registered according to law, it shall be reported to the local maritime bureau directly under it or the provincial local maritime administration for the record.
The Maritime Safety Administration directly under the Ministry of Transport or the provincial local maritime safety administration shall verify the safety and pollution prevention capability of the registered yacht club. If it has the capacity as prescribed in Article 26, it shall be recorded and announced.
Article 28
A yacht club shall undertake the following safety obligations with respect to its members and the yachts it manages:
(1) To carry out publicity, training and education for yacht operators and crew on yacht safety, pollution prevention and environmental knowledge and emergency response;
(2) Urge yacht operators and crew to comply with the regulations on water traffic safety and pollution prevention and control, and implement the corresponding measures;
(3) To ensure the safety of yachts in berthing waters or berthing points;
(d) check the yachts and yacht operators license, to ensure that sailing yachts and yacht operators hold relevant valid certificates;
(5) To provide information services such as meteorological and hydrological conditions and navigational information (police) issued by maritime administrative agencies required for sailing; In case of inclement weather conditions and other circumstances that are not suitable for sailing or a warning issued by the maritime administrative agency prohibiting sailing, the yacht shall be prevented from sailing and the yacht that has sailed shall be notified to return to sailing;
(6) To master each voyage, return voyage and crew of the yacht, and make records for future reference;
(7) To maintain smooth communication with yachts and maritime administrative agencies;
(8) In accordance with the emergency plan filed with the maritime administrative agency, regularly organize internal management of emergency drills and yacht members to participate in emergency drills.
Article 29
The yacht must clearly indicate the special telephone number for water search and rescue, the water safety channel published by the local maritime administration and the instructions for use.
Article 30
If a yacht is in distress or a water traffic accident or pollution accident occurs, the yacht operator and other occupants, the yacht club and the vessel or personnel who find the danger or accident shall immediately report to the maritime administrative authority. The yacht club should activate an emergency plan immediately. Until help arrives, people on the yacht should try to save themselves.
Yacht operators and other crew members shall promptly report to the maritime administrative authority on water traffic accidents, pollution accidents, distress messages or illegal acts found while sailing or berthing. Where rescue is required, the yacht shall do its best to rescue persons in distress on the water without seriously endangering the safety of the yacht itself.
Chapter VI Supervision and inspection
Article 31
The maritime administrative agency shall supervise and inspect yachts, yacht clubs and training institutions for yacht operators according to law. The yacht club and the yacht owner shall cooperate and rectify and eliminate the safety defects and hidden dangers found in a timely manner.
Article 32
The maritime administrative agency shall order the yacht to make immediate rectification upon finding that the yacht violates the administrative order of water traffic safety administration and prevention and control of environmental pollution from ships; If the vessel fails to be corrected in accordance with the requirements or the circumstances are serious, the maritime administrative agency may order the yacht to temporarily stop sailing, change course, sail to the designated place, force the yacht to be towed away, or prohibit it from entering or leaving the port.
Article 33
If the maritime administrative agency finds that the yacht club no longer has the safety and pollution prevention capabilities, it shall order it to make rectification within a time limit; For those who fail to make rectification in accordance with the requirements or whose circumstances are serious, they may be deleted from the list of yacht clubs registered and published.
Article 34
The personnel of the maritime administrative agency shall, when carrying out supervision and inspection according to law, produce their law enforcement certificates and show their identity.
8 Chapter VII Legal Liability
Article 35
Those who, in violation of these provisions, engage in the training of yacht operators without obtaining permission for the training of yacht operators, shall be ordered by the maritime administrative agency to make corrections and be fined between 50,000 yuan and 250,000 yuan; If there are any illegal gains, the illegal gains shall also be confiscated.
Article 36
Where a training institution for yacht operators commits any of the following acts, it shall be ordered by the maritime administrative institution to make corrections and may be imposed a fine of not less than 20,000 yuan but not more than 100,000 yuan; If the circumstances are serious, the training license shall be suspended for more than 6 months and less than 2 years until revoked:
(1) Failing to conduct training in accordance with the requirements of these Provisions and the training program for yacht operators, or arbitrarily lowering the training standards;
(2) The training quality is low and fails to meet the specified requirements.
Article 37
Where a yacht sailing on the sea in violation of these provisions fails to hold a qualified inspection certificate, registration certificate and necessary navigational data, the maritime administrative authority shall order it to make corrections and may impose a fine of not more than 1,000 yuan. If the circumstances are serious, the maritime administrative authority shall have the right to order it to stop sailing; For the yacht operator, a fine of less than 1,000 yuan can be imposed, and the yacht operator's certificate of competency can be detained for 3 to 12 months.
If a yacht sailing in inland waters in violation of these Provisions does not hold a qualified inspection certificate or registration certificate, the maritime administrative authority shall order it to stop sailing, and if it refuses to stop, the yacht shall be temporarily detained; If the circumstances are serious, they shall be confiscated.
Article 38
In violation of these provisions, a yacht operator who does not carry a qualified certificate of competency when operating a yacht shall be ordered by the maritime administrative authority to make corrections and may be fined not more than 2,000 yuan.
Article 39
If the certificate of competency held by the yacht operator is obtained by cheating, bribery and other improper means, the maritime administrative authority shall revoke the certificate of competency and impose a fine of not less than 2,000 yuan but not more than 20,000 yuan.
Article 40
In violation of these provisions, the yacht has one of the following acts, by the maritime administrative authority ordered to correct, and may be imposed a fine of less than 1,000 yuan:
(1) not berthing in the special berthing waters or berthing points announced by the maritime administrative authority, or the waters temporarily berthing do not meet the requirements of these Provisions;
(2) the sailing waters of the yacht exceed the scope of the record, and the yacht owner or the yacht club fails to put the name of the yacht, sailing plan, the list of yacht operators or crew, emergency contact information, etc. to the maritime administrative authority for record before the yacht sails.
Article 41
Other acts in violation of these provisions shall be punished in accordance with relevant laws, administrative regulations and rules.
Article 42
Any staff member of a maritime administrative agency who neglects his duty, engages in malpractices for personal gain or abuses his power shall be subject to administrative sanctions according to law.
9 Chapter VIII Supplementary Provisions
Article 43
Yachts engaged in commercial transport shall, in accordance with the State regulations on the administration of ship operation, go through the formalities of ship inspection, registration and ship operation permit.
Article 44
The yacht shall pay the corresponding vessel taxes and fees in accordance with the provisions of the State.
Article 45
Yachts with a quota of more than 12 passengers shall be subject to safety supervision and management as passenger ships.
Article 46
These provisions shall come into force as of January 1, 2009.
