ORDER OF THE MINISTER OF TRANSPORT AND COMMUNICATIONS OF THE REPUBLIC OF KAZAKHSTAN

of December 12, 2006 No. 334

About approval of Rules about designing, construction, repair and operation of courts behind which engineering supervision and Rules about production of materials and products for installation in courts shall be exercised

List of amending documents

According to item 4 of article 16 of the Law of the Republic of Kazakhstan "About inland water transport" I ORDER:

1. Approve enclosed:

1) Rules about designing, construction, repair and operation of courts behind which engineering supervision shall be exercised;

2) Rules about production of materials and products for installation in courts.

2. To committee of transport control of the Ministry of Transport and Communications of the Republic of Kazakhstan (Turlykhanov K. B.) in the procedure established by the legislation to provide submission of this order to the Ministry of Justice of the Republic of Kazakhstan for state registration.

3. To impose control of execution of this order on the vice-Minister of Transport and Communications of the Republic of Kazakhstan Kusainov A. K.

4. This order becomes effective after ten calendar days after its first official publication.

 

Approved by the order of the Minister of Transport and Communications of the Republic of Kazakhstan of December 12, 2006 No. 334

Rules about designing, construction, repair and operation of courts behind which engineering supervision shall be exercised

Chapter 1. General provisions

1. These rules about designing, construction, repair and operation of courts (further - Rules) are developed according to the Law of the Republic of Kazakhstan "About inland water transport".

2. Rules determine procedure for designing, construction, repair and operation of courts behind which engineering supervision shall be exercised.

3. In Rules the following main terms and concepts are used:

1) the tow - the vessel having the towing device and intended for towage of other courts and floating constructions;

2) the cargo ship - the vessel intended for transportation of goods;

3) classification of courts - reference of courts to this or that group which is referred to as with class is performed by the Shipping register by results of survey of the vessel;

4) vessel class - group to which the vessel according to Rules concerns and which is characterized by set of certain technical parameters. Is appropriated, renews, proves to be true or is recovered for the term determined by the Shipping register with issue of the Classification certificate;

5) the universal vessel - the vessel intended for transportation by filling crude oil and oil products, and also dry loads;

6) superstructure - the closed construction on the deck of freeboard stretching from board to board or remote from any of vessel boards for distance no more than four percent of width of the vessel;

7) liquid cargo carrier - the vessel intended for transportation of liquid cargoes in bulk;

8) the passenger ship - the vessel intended for transportation of passengers;

9) the cabin - the closed construction on the deck of freeboard or on the deck of superstructure, remote at least from one of boards on distance more than four percent of width of the vessel;

10) the vessel in construction - the vessel under construction from the moment of laying of Kiel (or since the moment when the mass of collected part of the case of the vessel constitutes one percent of settlement mass of all materials of the case) before the date of receipt of the Certificate on the validity to swimming and other documents of the Shipping register;

11) the vessel in operation - the vessel which is not the vessel in construction;

12) the pusher vessel - the vessel having the coupling device and intended for driving by method of pushing of other courts and floating constructions;

13) vessel elements - constructive and functional parts of the vessel: the case, superstructures, ship devices, the equipment, objects of supply, means of fire protection, mechanisms, systems, coppers, heat-exchanging devices, vessels under pressure, the electric equipment, the radio equipment, refrigeration units, the automation equipment, load-lifting devices, the equipment of ecological safety.

4. During the designing, construction, repair, operation of courts behind which engineering supervision shall be exercised for ensuring technical safety of courts the Shipping register (further - the Register) performs:

1) approval of technical documentation on construction, re-equipment, upgrade and repair of courts and their elements;

2) approval of drafts of regulations on designing of courts, shipbuilding, ship repair, technical operation of courts and ensuring technical safety of courts;

3) development and approval of regulations of the Register on ensuring technical safety of courts;

4) consideration of projects of regulatory legal acts concerning ensuring technical safety of courts;

5) development of suggestions for improvement of the legislation concerning ensuring technical safety of courts;

6) survey of courts in construction, the repaired courts, courts in operation;

7) survey of construction and repair of courts;

8) assignment, confirmation and cancellation of class of the vessel;

9) issue and cancellation of documents of the Register.

5. Physical persons and legal entities during the designing, repair, construction and operation of courts:

1) is provided to employees of the Register of the information also by the documents necessary for implementation by the Register of activities for ensuring technical safety of courts;

2) provide the admission of employees of the Register for carrying out the activities for ensuring technical safety of courts provided by Rules by them;

3) is carried out by instructions of employees of the Register concerning ensuring technical safety of courts.

6. The instruction issued by the employee of the Register can be appealed at the head of the Register, in authorized body in the field of transport and communications or judicially, according to the legislation of the Republic of Kazakhstan.

7. In case of non-execution of instructions of employees of the Register, the Register:

1) prohibits operation of courts, ship mechanisms, devices and technical means;

2) refuses issue or cancels earlier issued documents resolving operation of courts.

8. During the designing, construction, repair and operation of courts the Register issues and cancels the following documents confirming compliance of designing, repair, operation of courts, courts in construction, the repaired courts and courts in operation to Rules:

1) Classification certificate;

2) the Certificate on the validity to swimming;

3) Passenger certificate;

4) Certificate on prevention of pollution by oil, sewage and garbage;

5) the Acts of surveys confirming compliance to Rules;

6) the Certificate on one-time stage of the vessel;

7) the Certificate on capitally repaired diesel;

8) Card of the main specifications of the head vessel.

9. Documents of the Register are issued based on positive result of survey.

10. The documents listed in subitems 1), 3) and 4) of Item 8 of Rules are issued for a period of up to the following survey with their annual confirmation.

11. Physical persons and legal entities provide to the Register the documents listed in subitems 5) and 7) of Item 8 of Rules on all head vessels after their construction or re-equipment.

12. Documents of the Register are stored on the vessel, except for documents of the courts which are operated without crew which are stored at the shipowner or, in case of permanent fixing to the pusher vessel, at the captain of the pusher vessel.

13. The register cancels the documents issued to them in the following cases:

1) in case of damage of elements of the vessel without which elimination safe operation of the vessel is not provided;

2) in case of not presentation of the vessel to survey at the scheduled time;

3) in case of failure to carry out of Rules by physical persons and legal entities;

4) in case of violation of conditions of swimming, according to ship's papers.

14. During the designing, construction, repair and operation of courts the Register appropriates class to the vessel following the results of initial survey, confirms class following the results of classification survey and confirms or cancels class following the results of other surveys.

15. Assignment and confirmation of class to the vessel means that the vessel corresponds to Rules according to formula of class and taking into account design features, other special qualities of the vessel (appointment, the navigation area, ice strengthenings, systems and devices of automation and other).

16. Assignment and confirmation of class to the vessel is confirmed by issue of the Classification certificate.

The formula of class is noted in the Classification certificate and the Certificate on the validity to swimming in case of initial survey.

16-1. The classification certificate loses force, is suspended class of the vessel in the following cases:

1) not presentations of the vessel in general or its separate elements to survey in the ordered time;

2) after emergency case, in the specified case the vessel is shown to extraordinary survey;

3) introduction of the constructive changes which are not approved by the Register;

4) lack of approval of specifications on accomplishment of repair of elements of the vessel and the subsequent survey by the Register;

5) operation of the vessel with the draft exceeding regulated by the Register for specific conditions, and also operation of the vessel in the conditions which are not corresponding to the appropriated class of the vessel or the restrictions set at the same time by the Register;

6) suspensions on initiative or because of the shipowner of process of survey of the vessel;

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