2017/0331/D
EC/EFTA
DE Deutschland
  • T20T - Seetransport und Binnenschifffahrtstransport
2017-10-16
2017-07-20
This ordinance deals with passenger transport services on federal inland waterways in Germany.
Fifth Ordinance amending the Inland Waterways Vessel Inspection Ordinance and other provisions relating to shipping law

As of 1 January 2013, the carriage of passengers on inland waterways was assigned only to technically licensed passenger vessels, ferries and launches, so as to restrict the concealed transport of passengers by recreational craft in the interests of passenger safety. As part of this, the requirement to provide a skipper when hiring out recreational craft was removed, because otherwise legal constructs would have rendered it possible still to use recreational craft as passenger vessels. The hire companies are now no longer able to carry out trips that are similar to passenger transport. Transitional rules were not envisaged because the amendments had been discussed among groups of experts for several years and were also not called for by the interest group as part of the hearing. However, cases of hardship were to be avoided by the application of exemptions. A desire was nonetheless expressed within the political sphere for the transport of passengers on recreational craft to also be allowed to a limited extent, subject to specific safety requirements.

The new rules are based on the following key issues:

• A new category for ‘passenger craft’ is introduced into the Inland Waterways Vessel Inspection Ordinance. In turn, the previous categories of ‘small passenger craft’, ‘coastal lugger’ and ‘water taxi’ are removed.

• Passenger craft must meet the technical requirements placed on recreational craft by the Inland Waterways Vessel Inspection Ordinance when such craft are subject to the Directive on recreational craft and personal watercraft of the European Parliament and of the Council.

• Passenger craft can be licensed to carry up to 35 passengers.

• The use of passenger craft is restricted to the waterways of Zones 2, 3 (except the Rhine) and 4 as per Annex I to the Inland Waterways Vessel Inspection Ordinance.

• The corresponding professional licences as per the Inland Waterways Boatmaster's Licence Ordinance pertain to the handling of passenger craft.

• There is also the option to carry up to 12 passengers within the context of occasional trips on the basis of a ship's licence as per the Ordinance on the commercial rental of recreational craft as well as their use on inland waterways.

• The certificates of competence for recreational craft remain applicable to such occasional trips.

• Existing craft – i.e. recreational craft – which featured in a ship's licence as per the Ordinance on the commercial rental of recreational craft and their use on inland waterways on the specified key date and were hired out subject to the inclusion of a skipper are permitted, for a transitional period of 15 years, to carry up to 35 passengers on the basis of the existing ship's licence and the relevant certificates of competence for recreational craft, with a restriction to waterways in Zones 3 (except the Rhine) and 4 as per Annex I to the Inland Waterways Vessel Inspection Ordinance. Changes of ownership are possible within the transitional period allowed.