ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of August 13, 2006 No. 490

About licensing of separate types of activity on sea and inland water transport

According to the Federal Law "About Licensing of Separate Types of Activity" Government of the Russian Federation decides:

1. Approve enclosed:

Regulations on licensing of transportations by sea transport of loads;

Regulations on licensing of transportations by inland water transport of loads;

Regulations on licensing of transportations by sea transport of passengers;

Regulations on licensing of transportations by inland water transport of passengers;

Regulations on licensing of activities for implementation of towages by sea transport (except for case if the specified activities are performed for ensuring own needs of the legal entity or the individual entrepreneur);

Regulations on licensing of handling activities in relation to dangerous goods in seaports;

Regulations on licensing of handling activities in relation to dangerous goods on inland water transport.

2. To the Ministry of Transport of the Russian Federation together with the Ministry of Economic Development and Trade of the Russian Federation to submit in accordance with the established procedure within 2-month term the draft decision of the Government of the Russian Federation about approval of essential terms of the contract of civil responsibility insurance of the license applicant or licensee in the presence of which the simplified procedure for licensing of the following types of activity can be applied:

transportations by sea transport of loads;

transportations by inland water transport of loads;

activities for implementation of towages by sea transport (except for case if the specified activities are performed for ensuring own needs of the legal entity or the individual entrepreneur);

handling activities in relation to dangerous goods in seaports;

handling activities in relation to dangerous goods on inland water transport.

3. Recognize invalid:

the order of the Government of the Russian Federation of May 27, 2002 N345 "About Approval of Regulations on Licensing of Separate Types of Activity on Inland Water Transport" (The Russian Federation Code, 2002, N 23, the Art. 2158);

the order of the Government of the Russian Federation of June 19, 2002 N447 "About Licensing of the Transportation and Other Activities Performed on Sea Transport" (The Russian Federation Code, 2002, N 26, the Art. 2590);

Items 67 and 87 of changes which are made to the resolutions of Council of Ministers of RSFSR, the Government of RSFSR and the Government of the Russian Federation concerning state registration of the legal entities approved by the order of the Government of the Russian Federation of October 3, 2002 N731 (The Russian Federation Code, 2002, N 41, by the Art. 3983).

 

Approved by the order of the Government of the Russian Federation of August 13, 2006 No. 490

Regulations on licensing of transportations by sea transport of loads

1. This Provision determines procedure for licensing of transportations by sea transport of the loads performed by legal entities and individual entrepreneurs (further - transportation of goods).

2. Licensing of transportation of goods is performed by Federal Service for the Oversight of Transport (further - the licensing body).

3. The license for implementation of transportation of goods (further - the license) is provided for 5 years. The validity of the license can be extended according to the procedure, provided for renewal of the license.

4. The licensed requirements and conditions shown when implementing transportation of goods are:

a) observance by the licensee of the safety requirements of navigation established by the Maritime Code of the Russian Federation;

b) availability at the licensee (license applicant) on the property right or on other legal cause of the courts intended for transportation of goods, allowed to swimming according to Article 23 of the Maritime Code of the Russian Federation;

c) compliance of the licensee (license applicant) and each vessel used for transportation of goods, to requirements of the International code for management of safe operation of courts and prevention of pollution and the International code for protection of courts and port means;

d) availability at the licensee (license applicant) of the plan for the prevention and liquidation of emergency oil spills and oil products;

e) availability at the licensee (license applicant) of the official responsible for implementation of transportation of goods and having higher education in "sea navigation";

e) availability at the licensee (license applicant) of the official exercising control of observance of safety requirements of navigation and to prevention of the environmental pollution having higher education in "sea navigation" and the diploma confirming the right to hold the corresponding position of command structure of the ocean ship, and also certified on the holding the post right in accordance with the established procedure;

g) completion by the licensee (license applicant) of courts by the crew members having the diplomas and certificates of competency provided by the regulations on certification of members of crews of ocean ships approved according to Article 54 of the Maritime Code of the Russian Federation;

h) availability at the licensee of the life insurance contract and health of crew members of the vessel in case of execution of service duties by them;

i) availability on each vessel used by the licensee for transportation of goods, the ship's papers provided by Articles 24 - 28 Maritime Codes of the Russian Federation.

5. Gross violations of licensed requirements and conditions are:

a) numerous (2 times and more) violation of the licensed requirements and conditions established by subitems "an" and "i" of item 4 of this provision;

b) violations of licensed requirements and conditions which consequence the transport incident which entailed is:

human victims;

causing severe harm to health;

causing average weight of harm to health at least 5 people;

damnification to the environment.

6. For receipt of the license the license applicant directs or represents the application for provision of the license and documents (the copy of documents) specified in Item 1 of article 9 of the Federal law "About Licensing of Separate Types of Activity" to the licensing body and also:

a) copies of the document on higher education of the official in "sea navigation", responsible for implementation of transportation of goods, and the order on its appointment and assignment on it of responsibility for implementation of transportation of goods;

b) copies of the order on appointment of the official responsible for control of observance of safety requirements of navigation and to prevention of environmental pollution, documents on higher education in "sea navigation", the diploma confirming the right to hold the corresponding position of command structure of the ocean ship, and the certificate confirming certification passing;

c) copies of diplomas and certificates of competency of members of crews of the ocean ships assumed to use by the license applicant for transportation of goods;

d) the copy of the plan for the prevention and liquidation of emergency oil spills and oil products, for each vessel which will be used for transportation of goods;

e) the list of courts which will be used for transportation of goods, with application of copies of the following ship's papers:

the certificate on the swimming right under national flag of the Russian Federation;

certificate on the property right to the vessel;

the certificate on the validity to swimming;

classification certificate;

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