Regulations on yacht safety management

Regulations on yacht safety management

(Promulgated by Order No.7 of the Ministry of Transport on July 22nd, 2008, and effective as of June 5438+ 10/day, 2009)

The first chapter forever _

Article 1 In order to standardize the safety management of yachts, ensure the safety of life and property on water, prevent yacht from polluting the water environment, and promote the healthy development of yacht industry, these Provisions are formulated in accordance with the laws and administrative regulations on the management of water traffic safety and the prevention and control of pollution of the water environment by ships.

Article 2 These Provisions shall apply to the safety and pollution prevention management of yacht navigation and berthing in the waters under the jurisdiction of People's Republic of China (PRC).

The yacht mentioned in these Provisions refers to the ship with mechanical propulsion power device which is limited to the yacht owner for sightseeing, leisure and entertainment activities.

The yacht club mentioned in these Provisions refers to a legally established organization that provides yacht storage and use services for members who join the yacht club.

Article 3 People's Republic of China (PRC) and the Maritime Safety Administration of the People's Republic of China shall exercise unified supervision and management over yacht water traffic safety and water pollution prevention and control.

Maritime administrative agencies at all levels shall be responsible for the supervision and management of yacht water traffic safety and water pollution prevention and control in accordance with their duties.

Chapter II Inspection and Registration

Article 4 Yachts shall be inspected by the ship inspection agency in accordance with the yacht inspection laws and regulations approved or recognized by the Ministry of Transport before they can be used.

Article 5 Under any of the following circumstances, a yacht shall apply to the ship inspection agency for additional inspection:

(a) Accidents affecting the seaworthiness of yachts;

(2) Changing the category determined by the yacht inspection certificate;

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

(4) Change of yacht owner, yacht name or port of registry;

(five) the yacht structure or important safety and pollution prevention facilities and equipment have changed.

Article 6 A yacht sailing or berthing in the waters under the jurisdiction of People's Republic of China (PRC) shall obtain a nationality certificate. Yachts that do not hold the nationality certificate of the ship shall not sail or berth in the waters under the jurisdiction of People's Republic of China (PRC).

The yacht owner who applies for the registration of the nationality of the ship shall hold the ship inspection certificate and the ownership certificate, and the maritime administrative agency shall issue the People's Republic of China (PRC) Ship Nationality Certificate after examination.

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

Chapter III Training, Examination and Certification of Yacht Operators

Article 7 Yacht operators shall undergo special training and examination, have professional knowledge and skills suitable for the yacht they are driving and navigation waters, master the basic requirements of water fire fighting, lifesaving and emergency response, and obtain the yacht operator's competency certificate issued by the maritime administrative agency.

A person who has not obtained the yacht operator's competency certificate shall not drive a yacht.

Article 8 To apply for a yacht driver's competency certificate, the following conditions shall be met:

(a) At least 65-438+08 years old, but under 60 years old;

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

(3) Having passed the prescribed yacht operator training and examination.

Article 9 To apply for the yacht operator's competency certificate, one shall pass the examination organized by the maritime administrative agency authorized by People's Republic of China (PRC) and China Maritime Safety Administration.

To apply for a yacht operator's certificate of competency, the applicant shall go to the maritime administrative agency where the training or examination is held and submit the application form and relevant materials to prove that it meets the certification requirements.

If it meets the certification requirements after being audited by the maritime administrative agency, a yacht operator's competency certificate valid for 5 years will be issued.

Article 10 The types of yacht driver's competency certificates are divided into maritime yacht driver's competency certificate and inland river yacht driver's competency certificate.

Article 11 A person holding a certificate of competency as a captain, pilot or pilot of a seagoing or inland river vessel may obtain a certificate of competency as an offshore yacht operator and a certificate of competency as an inland river yacht operator through corresponding practical training in accordance with the provisions of the examination outline for yacht operators.

Twelfth yacht operators certificate of competency is less than 6 months, the holder shall apply to the original issuing maritime administrative agency for replacement. In line with the relevant requirements in the replacement conditions, the maritime administrative agency shall issue a certificate of competency for yacht operators of the same category.

If the yacht operator's certificate of competency is lost or damaged, it may apply to the maritime administrative agency for a replacement in accordance with the prescribed procedures.

Thirteenth legally established institutions engaged in yacht operator training shall meet the corresponding conditions and be approved by People's Republic of China (PRC) and China Maritime Safety Administration in accordance with the requirements of relevant national regulations on crew training management.

Chapter IV Navigation and Berthing

Article 14 Before sailing a yacht, the yacht operator shall make a safety inspection to ensure the seaworthiness of the yacht.

Fifteenth yachts should carry the relevant ship certificates, documents and necessary navigation information, and make relevant records of navigation.

Yachts should carry radio communication tools that can communicate with local maritime administrative agencies and yacht clubs, and ensure effective communication with the shore.

Yacht operators shall carry the yacht operator's competency certificate when driving a yacht.

Article 16 Yachts shall apply for a 12-month fixed-term visa in accordance with the Regulations on the Administration of Ship Visa.

Article 17 Yachts shall sail within the seaworthiness range determined by the inspection certificate.

Before the first voyage, the yacht owner or yacht club shall file the sailing waters of the yacht with the local maritime administrative agency for the record. Every time a yacht sails, the sailing waters are beyond the scope of filing. The yacht owner or yacht club shall report the yacht name, sailing plan, yacht operator or crew list and emergency contact information to the maritime administrative agency before the yacht sails.

Article 18 When sailing a yacht, in addition to the collision avoidance rules and special navigation rules issued by the local maritime administrative agency, the following provisions shall also be observed:

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

(2) Yachts should avoid sailing in the waters where ships are routed, main channels, anchorages, aquaculture areas, waters near ferries, traffic-intensive areas and other traffic-controlled waters. If it is really necessary to sail in these waters, it shall obey the command of the maritime administrative agency and abide by the speed limit regulations; Yachts are not allowed to sail in no-fly zones or safe operation zones;

(three) yachts that do not have the conditions for night navigation such as signal lights are not allowed to sail at night;

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

Nineteenth yacht operators are not allowed to drive fatigue after drinking.

Twentieth yachts should be parked in the special berthing waters or berthing points announced by the maritime administrative agency.

Yacht-specific berthing waters or berthing points shall meet the requirements of safe berthing, shelter from the wind and convenience for personnel to get on and off safely.

Special waters for yacht berthing belong to port waters, which shall conform to the relevant port planning.

Twenty-first temporary berthing of yachts in navigation should choose waters that do not hinder the navigation, berthing and operation of other ships. It is not allowed to park in the main channel, anchorage, no-navigation area, safe operation area, near the ferry and the waters prohibited from parking announced by the maritime administrative agency.

Article 22 Whoever constructs yacht berths, breakwaters and mooring facilities in port waters shall apply for corresponding licensing procedures in accordance with the provisions of the Port Law.

Twenty-third yachts sailing on international routes shall go through the entry and exit procedures in accordance with the provisions of the state on the entry and exit of ships when entering and leaving People's Republic of China (PRC) port.

Twenty-fourth yachts shall not violate the laws, regulations and rules for the prevention and control of ship pollution, and discharge oil, domestic sewage, garbage and other toxic and harmful substances into the waters.

Yachts should be equipped with necessary dirty oil recovery devices and garbage storage containers and used correctly.

Waste batteries, oily substances and domestic garbage generated by yachts should be sent to the shore for receiving and processing, and records should be made.

Chapter V Safety

Twenty-fifth yacht safety and pollution prevention by the yacht owner. The yacht owner shall be responsible for the daily safety management and maintenance of the yacht, ensure that the yacht is in a good state of safety technology, and ensure the safety of yacht navigation, berthing and personnel on the yacht.

For the yacht entrusted to the yacht club, the yacht owner shall sign an agreement with the yacht club to clarify the responsibilities of both parties in yacht navigation, berthing safety, daily maintenance, maintenance, safety and pollution prevention management.

Yacht clubs shall be responsible for the safety and pollution prevention of yachts in accordance with the provisions of the maritime administrative agency and their agreements with yacht owners.

Twenty-sixth yacht club shall have the qualification of legal person, and have the following safety and pollution prevention capabilities:

(a) the establishment of yacht safety and pollution prevention management system, equipped with corresponding full-time management personnel;

(2) Having corresponding waters for safe berthing 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 facilities and capabilities for daily inspection, maintenance and maintenance of yachts;

(4) Having the ability to recover yacht wastes, residual oil and garbage;

(five) safety and pollution prevention measures and emergency plans, and have the corresponding emergency rescue capabilities.

Twenty-seventh yacht clubs registered according to law shall be reported to the local maritime safety administration or the provincial local maritime safety administration for the record.

The maritime safety administration directly under the Ministry of Transport or the provincial local maritime safety administration shall inspect the safety and pollution prevention capabilities of the yacht clubs for the record. Those who have the ability as stipulated in Article 26 shall be put on record and published.

Twenty-eighth yacht club shall bear the following safety obligations to its members and yachts under management:

(a) to publicize, train and educate yacht operators and crew members on yacht safety, environmental pollution prevention and emergency response;

(two) to urge yacht operators and crew members to abide by the provisions on water traffic safety and pollution prevention and control, and implement corresponding measures;

(three) to ensure the safety of yacht berthing in waters or berthing points;

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

(5) Providing information services for yachts such as meteorological and hydrological conditions required for navigation and navigation notices (police) issued by maritime administrative agencies; In case of adverse navigation conditions such as bad weather conditions or the maritime administrative agency warning that navigation is prohibited, the yacht shall stop sailing and notify the yacht that has sailed to return;

(six) master the yacht every voyage, return and crew, and make records for future reference;

(seven) to maintain smooth communication with yachts and maritime administrative agencies;

(eight) according to the emergency plan filed with the maritime administrative agency, organize regular internal management emergency drills and yacht members to participate in emergency drills.

Twenty-ninth yachts must be marked with the special telephone number for water search and rescue, the safe passage on water announced by the local maritime administrative agency and the instructions for use.

Thirtieth yacht distress or water traffic accidents, pollution accidents, yacht operators and other crew members, yacht clubs, ships and personnel found the danger or accident, they should immediately report to the maritime administrative agency. Yacht club should start the emergency plan immediately. Before the rescue comes, the crew on the yacht should try their best to save themselves.

Yacht operators and other crew members shall promptly report to the maritime administrative agency the water traffic accidents, pollution accidents, distress information or illegal acts found during navigation and berthing. If rescue is needed, the yacht should try its best to rescue people in distress on the water without seriously endangering its own safety.

Chapter VI Supervision and Inspection

Article 31 The maritime administrative agency shall supervise and inspect yachts, yacht clubs and yacht pilot training institutions according to law. Yacht clubs and yacht owners should cooperate to rectify and eliminate the safety defects and hidden dangers found in time.

Thirty-second maritime administrative agencies found that yachts violated the management order of water traffic safety management and the prevention and control of environmental pollution by ships, and should order yachts to correct immediately; If it fails to make corrections as required or the circumstances are serious, the maritime administrative agency may order the yacht to temporarily suspend, divert, sail to the designated place, forcibly tow it away, and prohibit it from entering or leaving the port.

Article 33 If the maritime administrative agency finds that yacht clubs no longer have the ability of safety and pollution prevention, it shall order them to make rectification within a time limit; If the rectification is not required or the circumstances are serious, it can be deleted from the list of yacht clubs published for the record.

Article 34 When conducting supervision and inspection according to law, the staff of the maritime administrative agency shall show their law enforcement certificates and identify themselves.

Chapter VII Legal Liability

Thirty-fifth in violation of the provisions of this Ordinance, engaged in yacht pilot training without obtaining a yacht pilot training license, the maritime administrative agency shall order it to make corrections and impose a fine of 50 thousand yuan to 250 thousand yuan; Illegal income, if any, shall also be confiscated.

Thirty-sixth yacht driver training institutions have one of the following acts, the maritime administrative agency shall order them to make corrections, and may impose a fine of more than 20,000 yuan but less than 654.38 million yuan; If the circumstances are serious, the training license shall be suspended for more than 6 months and less than 2 years until it is revoked:

(a) failing to carry out training in accordance with the provisions and the requirements of the yacht operator training program, or lowering the training standards without authorization;

(2) The training quality is low, which can not meet the specified requirements.

Article 37 If a yacht sailing at sea does not hold a certificate of conformity inspection, registration certificate and necessary navigation information in violation of the provisions of these Regulations, the maritime administrative agency shall order it to make corrections and may impose a fine of 1000 yuan. If the circumstances are serious, the maritime administrative agency has the right to order it to stop sailing. Yacht operators can be fined up to 1000 yuan, and their certificates of competency can be detained for 3 to 12 months.

In violation of these regulations, yachts sailing in inland rivers without certificates of conformity inspection and registration shall be ordered by the maritime administrative agency to stop sailing, and if they refuse to stop, the yachts shall be temporarily detained; If the circumstances are serious, it shall be confiscated.

Thirty-eighth in violation of these regulations, yacht operators do not carry the certificate of competency when operating yachts, and the maritime administrative agency shall order them to make corrections and may impose a fine of 2000 yuan.

Article 39 If the yacht operator's certificate of competency was obtained by cheating, bribery or other improper means, the maritime administrative agency shall revoke his certificate of competency and impose a fine of more than 2,000 yuan and less than 20,000 yuan.

Fortieth in violation of these regulations, if a yacht commits one of the following acts, the maritime administrative agency shall order it to make corrections and may impose a fine of 1000 yuan:

(1) Not berthing in the special berthing waters or berthing points announced by the maritime administrative agency, or the waters temporarily berthed do not meet the requirements of these Provisions;

(2) The sailing waters of the yacht are beyond the scope of filing, and the yacht owner or yacht club fails to file the yacht name, sailing plan, yacht operator or crew list and emergency contact information with the maritime administrative agency before the yacht sails.

Forty-first other acts in violation of these provisions shall be punished in accordance with relevant laws, administrative regulations and rules.

Forty-second maritime administrative agency staff dereliction of duty, favoritism, abuse of power, shall be given administrative sanctions according to law.

Chapter VIII Supplementary Provisions

Forty-third yachts engaged in commercial transportation shall go through the formalities of ship inspection, registration and ship operation license in accordance with the relevant provisions of the state on ship management.

Article 44 Yachts shall pay corresponding ship taxes and fees in accordance with state regulations.

Article 45 A yacht with a crew limit of 12 or more shall be subject to safety supervision and management as a passenger ship.

Article 46 These Provisions shall come into force on June 6+1October 6+1October 6, 2009.