I.O.'S ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of March 27, 2015 No. 358

About approval of Rules of conducting investigations, classification and accounting of transport incidents with vessels, including small size vessels, on inland waterways

List of amending documents

According to subitem 26-19) of Item 1 of article 9 of the Law of the Republic of Kazakhstan of July 6, 2004 "About inland water transport" I ORDER:

1. Approve the enclosed Rules of conducting investigations, classification and accounting of transport incidents with vessels, including small size vessels, on inland waterways.

2. To committee of transport of the Ministry for Investments and Development of the Republic of Kazakhstan (Asavbayev A. A.) provide:

1) in the procedure established by the legislation state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy on official publication in periodic printing editions and information system of law of Ad_let;

3) placement of this order on Internet resource of the Ministry for Investments and Development of the Republic of Kazakhstan and on the intranet portal of state bodies;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan submission to Legal department of the Ministry for Investments and Development of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2) and 3) of Item 2 of this order.

3. To impose control of execution of this order on the supervising vice-minister of investments and development of the Republic of Kazakhstan.

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

It is approved Minister of Internal Affairs of the Republic of Kazakhstan April 16, 2015

______________ K. Kasymov

Approved by the Order of the acting minister on investments and development of the Republic of Kazakhstan of March 27, 2015 No. 358

Rules of conducting investigations, classification and accounting of transport incidents with vessels, including small size vessels, on inland waterways

1. General provisions

1. These rules of conducting investigation, classification and accounting of transport incidents with vessels, including small size vessels, on inland waterways (further - Rules) are developed according to subitem 26-19) of Item 1 of article 9 of the Law of the Republic of Kazakhstan of July 6, 2004 "About inland water transport".

2. Rules determine procedure for conducting investigations, classification and accounting of transport incidents with vessels, including small size vessels, on inland waterways.

3. The purpose of conducting investigations, classification and accounting of transport incidents with vessels, including small size vessels, is establishment of circumstances, reasons, effects and preparation of the corresponding recommendations about the prevention of accident rate.

4. In Rules the following concepts are used:

1) accident - transport incident from which death, either causing severe harm to health, or disappearance of people from the vessel, and also final constructive fracture of the vessel, flooding of the vessel, the damage by the vessel of other vessel, aids to navigation, objects of hydraulic engineering constructions which led to their conclusion from operation, to oil spill and oil products resulted;

2) hydraulic engineering constructions - the engineering constructions used for water resources management, water supply to water users, water supply and water disposal, the prevention of harmful effects of waters;

3) navigable qualities - set of the characteristics of the vessel determining his behavior in operational conditions of swimming: buoyancy, stability, insubmersibility, popularity, controllability;

4) flooding of courts - complete immersion of the case in water or complete loss of floatage as a result of penetration of water into the case or capsizing;

5) transport incident - the event with the vessel which led it to disaster and entailed loss of navigable qualities, damage by the vessel of other vessel (courts), aids to navigation, objects of hydraulic engineering constructions, loss by the vessel of the towed object;

6) operational incident - the transport incident which is not relating to accident;

7) authorized body - the central executive body performing management in the field of inland water transport and also in limits, stipulated by the legislation the Republic of Kazakhstan, - cross-industry coordination.

5. Body of investigation, classification and accounting of transport incident is the authorized body and its territorial subdivisions.

6. Investigation of transport incident, happened to courts, is performed irrespective of any other investigation made within the labor law, criminal, administrative proceedings and does not interfere with any other investigation.

7. The territorial subdivision of authorized body within 24 hours from the moment of transport incident reports in authorized body, in territorial subdivision of law-enforcement bodies and transport prosecutor's office the following data on transport incident:

1) surname, name, middle name, contact telephone numbers, persons (organization) reported the transport accident;

2) date and time of transport incident;

3) registration number and type of vessel, data on the shipowner;

4) coordinates of the place of transport incident;

5) vessel traffic route;

6) surname, name, middle name, contact telephone numbers of the boatmaster and persons which were on the vessel;

7) weather conditions of weather;

8) availability of navigation equipment;

9) the reasons of transport incident, availability and nature of damages of the vessel, navigation equipment, the number of the dead who received harm to health and disappeared persons about vessels, environmental pollution;

10) other data allowing to estimate transport incident and to make the decision on need of attraction of technical means for assistance and mitigation of consequences.

8. Transport incident is classified as accident or operational incident.

9. In case of transport incident the ship master, the boatmaster, the shipowner, officials of hydraulic engineering constructions, irrespective of pattern of ownership and departmental accessory:

1) within 24 hours from the moment of transport incident report the transport accident in territorial subdivision of authorized body;

2) within 48 hours from the moment of transport incident constitute the detailed information about transport incident, and represent to territorial subdivision of authorized body based on which registration of transport incident is carried out.

10. Information on transport incident contains the following data:

1) date and the place of transport incident, the information about originators (position, surname, name, middle name, and for witnesses - the residential address);

2) specification on the vessel and hydraulic engineering construction (name, type, capacity, load-carrying capacity, dimensions, type of loads and others);

3) the information about participants of transport incident (position, age, vocational education, general length of service on water transport, in command positions and post, the working diploma or the certificate, date of their obtaining and by whom are issued);

4) the hydrological characteristic of the site on which there was transport incident, weather condition, visibility, dimensions of the ship course and their compliance announced, availability of navigation signs on regular places;

5) assessment of actions before transport incident and the circumstances concerning it;

6) circumstances of transport incident (the detailed description of incident with indication of the sequence of all maneuvers, speeds of the course, orders, teams, signals and other);

7) the subsequent actions of the boatmaster or crew, including actions for mitigation of consequences of transport incident, rescue of people and load;

8) the number of the injured or died people, their surnames, names, residence, year of birth;

9) damage of the case, mechanisms, propellers, steering devices which are drawn up in any form;

10) damage effects (flooding of compartments, loss or spoil of load, environmental pollution, possibility of movement and other);

11) date and signatures of authors of information on transport incident.

Information on transport incident with hydraulic engineering constructions are drawn up with participation of representatives of their owners.

In case of two and more participants of transport incident information on transport incident is constituted by them jointly. In case of disagreements of participants of transport incident about its reasons and effects information on transport incident are constituted separately.

11. The following documents are attached to information on transport incident:

1) the statement from the logbook (logbook) during the time including actions of the log chief before transport incident at the time of incident and after it except for small size vessels;

2) the statement from machine and ship magazines if their maintaining is provided on this vessel;

3) explanatory from all involved persons and the testimony if they are available;

4) the scheme with designation of the place of transport incident, and also consecutive arrangements of the vessel and others;

5) copy of the navigation chart of the site of transport incident;

6) other documents and physical evidences concerning transport incident (to the copy of radiogramms, orders, orders, курсограмм, photos, takhogramma, acts of sweeping or measurements of depths, failure of mechanisms, devices, magazines on instructing).

All enclosed documents to information on transport incident are certified by the signature of the ship master, boatmaster, shipowner and officials of hydraulic engineering constructions.

One copy of information on transport incident with appendices goes to territorial subdivision of authorized body, in one copy go to participants of transport incident.

2. Procedure for investigation, classification and accounting of transport incidents

12. Investigation of transport incidents shall not detain mitigation of consequences of transport incidents and works on recovery of movement of courts in the navigation area of courts.

13. Investigation, classification and accounting of transport incidents with vessels, including small size vessels, on inland waterways, is conducted within thirty working days from the moment of registration of transport incident in authorized body.

14. In case of investigation of transport incident the employee of authorized body on arrival into place makes inspection of the scene, the damaged courts and objects. Before arrival of employees of authorized body, production of survey of the place of transport incident, the damaged courts and objects is performed by the employee of territorial subdivision of authorized body.

15. The employee of authorized body conducts written survey of participants and eyewitnesses of transport incident during which are determined:

1) completeness of the vessel crew, observance of procedure for execution of watches;

2) availability of the documents confirming the holding the post right, certificate availability to the right of control of the small size vessel, the ship ticket for the small size vessel, years of service of swimming of the boatmaster of the small size vessel;

3) correctness and completeness of reflection of transport incident in the logbook;

4) the measures which were accepted by crew, the boatmaster of the small size vessel right after incident for assistance to people and courts;

5) operating mode of engines and propellers before transport incident;

6) indications of instrumentations;

7) provision of the courts participating in transport incident concerning axis and borders of the ship course;

8) availability of signal lights and their visibility.

16. The employee of authorized body constitutes traffic patterns and provisions of courts before transport incident, during it and after its approach, at the same time establishes situation and extent of influence of the factors taking place in case of transport incident namely:

weather conditions (visibility range, availability of wind, rain, fog, nervousness and other meteorological factors);

availability of other courts around incident and their influence on effects of transport incident.

17. On all questions connected with production of investigation of transport incidents in courts, authorized body interact directly with state bodies.

18. Investigations of transport incident it is prolonged according to the decision of authorized body, in the following cases:

1) the contingencies (disease, business trip, and other reasons) which arose at persons concerning transport incident;

2) for carrying out additional clarification of circumstances of transport incident, connected with flooding, death of courts;

3) for provision of documents (materials and the conclusions) of state bodies.

19. The employee of authorized body making investigation classifies transport incident by investigation materials and constitutes the motivated conclusion.

In case of transport incident from which death resulted either causing severe harm to health, or disappearance of people from the vessel, and also final constructive fracture of the vessel, flooding of the vessel, the damage by the vessel of other vessel, aids to navigation, objects of hydraulic engineering constructions which led to their conclusion from operation to oil spill and oil products this transport incident is classified as accident.

In other cases transport incident is classified as operational incident.

20. Following the results of investigation the authorized body constitutes the conclusion about transport incident in any form and directs within 15 working days from the date of investigation completion to participants which directly allowed transport incident and to territorial subdivision of authorized body.

21. The following data are in prison about transport incident:

1) name of courts, capacity, loading, uchalka methods, direction of movement;

2) the short information about participants of transport incident (the surname, name, middle name, year of birth, position and place of employment, data on the certificate on the right of control of the small size vessel, the ship ticket for the small size vessel, swimming years of service is fixed);

3) time and the place of transport incident, arrangement of navigation equipment or objects and provision of courts in relation to them;

4) the short description of circumstances of transport incident and conditions of navigation in case of which it occurred (nature of movement, condition of way, navigation situation, weather and visibility, action and use of the ship alarm system and radio navigational devices, observance of procedure for execution of log service in courts or other objects, actions of the boatmasters and other persons involved in transport incident);

5) reasons of transport incident;

6) effects of transport incident with the description of the place, the sizes and nature of damages of courts, floating objects, damages of coastal objects or constructions, causing severe harm to health, death, disappearances of people from the vessel;

7) the technical means used for mitigation of consequences of transport incident;

8) it is excluded according to the Order of the deputy. The Minister of Transport of the Republic of Kazakhstan of 10.12.2024 No. 404

9) recommendations about elimination of the reasons and conditions promoting emergence of transport incidents in courts.

22. It is excluded according to the Order of the deputy. The Minister of Transport of the Republic of Kazakhstan of 10.12.2024 No. 404

23. Transport incident is registered authorized body in the Magazine of registration of transport incidents.

24. The magazine of registration of transport incidents is kept in authorized body in form according to appendix to these rules.

25. The magazine of registration of transport incidents is numbered, proshnurovyvatsya and certified by seal of authorized body.

Appendix

to Rules of conducting investigation, classification and accounting of transport incidents with vessels, including small size vessels, on inland waterways

Form

Magazine of registration transport incident

№	Type and registration number of the vessel (courts)	Owner of the vessel or shipowner (Surname, name, middle name, address of the place of registration of physical person / name and address of the legal entity)	Boatmaster and participants of transport incident (Surname, name, middle name, address of the place of registration)	Data on transport incident (number, month, year, time and place of transport incident)	Classification of transport incident	Reasons of transport incident	Beginning of investigation of transport incident	End of investigation of transport incident	Data on prolongation of term of investigation of transport incident	Note
1	2	3	4	5	6	7	8	9	10	11

 

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