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

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" PRIKAZYVAYU:

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 printed publicity materials 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.

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, assessment of actions of involved persons, taking measures to their prevention, and also 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) shipping qualities - set of the characteristics of the vessel determining his behavior in field environment 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 shipping 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 actuator 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) serial number and type of vessel, data on the shipowner;

4) position coordinates 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) meteorological conditions of weather;

8) availability of the aid to navigation;

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

10) other data allowing to evaluate 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, service employees 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;

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