of July 12, 2013 No. 176
About inland water transport of the Republic of Moldova
The parliament adopts this organic law.
(1) This law establishes the special provisions applicable to inland water transport of the Republic of Moldova, procedure for the organization of institutional system in the field, special regulations on implementation of safe navigation on inland waterways, and also the fundamental requirements applicable to courts, crew and persons performing activities in the field of water transport.
(2) Provisions of this law extend on:
a) inland waterways of the Republic of Moldova, and also on the shipping hydraulic engineering constructions located on them;
b) the ports, landing stages, piers located on inland waterways of the Republic of Moldova;
c) the vessels intended for inland cruise and other floating objects operated on inland waterways of the Republic of Moldova.
(3) Provisions of this law, cases which except for are directly provided in it, do not extend to the warships, military auxiliary vessels, the boundary ships and other vessels which are in property of the state and operated or used only in non-commercial purposes. Conditions of swimming of these types of vessel on inland waterways of the Republic of Moldova are determined by the order of the Government.
(4) On sites of inland waterways of the Republic of Moldova on which navigation and hydrographic conditions, including conditions of carrying out salvage operations, conform to requirements of merchant shipping the relations in the field of safety of navigation of vessels under the terms of merchant shipping are governed by the Merchant Marine Code of the Republic of Moldova, and the relations arising from the transportation agreement are regulated by this law.
(5) In the part which is not settled by this law, the procedure for request, provision, suspension and withdrawal of the allowing documents provided by this law for domestic business entities in the field of inland water transport is determined by the Law on regulation of business activity by permission No. 160/2011.
For the purpose of this law the following basic concepts are determined:
inland water transport of the Republic of Moldova (further - inland water transport) - mode of transport, being under authority of the Republic of Moldova and representing production and technological complex with the commercial societies entering it performing navigation or other activities connected with navigation on inland waterways of the Republic of Moldova;
inland waterways of the Republic of Moldova (further - inland waterways) - means of communication, natural or artificially created, designated by navigation marks or different way, used for the purpose of navigation;
the certificate of the inland navigation vessel - the certificate issued to the vessel which underwent testing, confirmatory that the floating construction conforms to technical requirements;
navigation - the activities connected with use of the vessel on inland waterways for carriage of goods, passengers and their baggage, mailings, towage of courts or other floating objects, implementation of dredging, construction, traveling, hydrotechnical, underwater and technical and other similar works, pilotage and icebreaker assistance, salvage operations, actions for protection of water objects, protection them from pollution or contamination, raising of the sunk property, carrying out sanitary or other type of control, research works and also for sports, entertaining and other purposes;
the vessel - the self-propelled or non-self-propelled floating craft used for the purpose of navigation including the vessel of the swimming mixed (river sea), the ferry boat, dredging and dnoochistitelny shells, floating cranes and other technical constructions of this sort;
the vessel of the swimming mixed (river sea) - the vessel which on the technical characteristics is suitable and is in accordance with the established procedure allowed to operation for the purpose of navigation both on inland waterways, and on sea;
the shipowner (including the owner of the vessel) - the physical person or legal entity operating the vessel on its own behalf irrespective of, he is the owner of the vessel or uses that on other legal cause;
the mooring - the segment of bank line of water object, part of the port or floating object intended for mooring of floating objects for the purpose of landing and disembarkation of people and/or loading and unloading of loads and also for the safe parking of floating objects. Moorings share on permanent and temporary;
the permanent mooring - the capital hydraulic engineering construction for strengthening of segment of bank line of water object which allows to perform the safe parking of floating objects, landing and disembarkation of people and/or loading and unloading of load of floating objects;
the temporary mooring - floating object or segment of bank line of the equipped water object, with availability of time settings, with availability or without availability of floating pier / pontoon which allows to perform safe mooring of floating objects and which is necessary for their safe parking, and also for landing and disembarkation of people and/or for loading and unloading of load of floating objects;
river port (further - port) - complex of the constructions located in the territory and the equipped water area of the inland waterways equipped and adapted for the purpose of servicing of passengers and courts, loading, unloading, acceptance, storage and issue of loads of interaction with other modes of transport;
the ship course - the shipping site of water-course, the channel or surface of water object, natural or artificial which width and depth allow to provide movement of courts;
the ship (transport) operator - the physical person having knowledge in the field of management and operation of the vessel or the legal entity in whose states persons having the corresponding knowledge which performs on the basis of the agreement management of activities of the vessel for the benefit of the shipowner are enlisted;
traveling works - dredging, corrective, trawl, dnoochistitelny, prospecting and other works on the device and content of aids to navigation on inland waterways;
works on maintenance of ship channel - the operational works performed on inland waterways based on the conclusion of industry body in the field of water transport for the purpose of elimination of the circumstances promoting creation of hindrances for navigation or posing navigation safety hazard. Supervision of performance of works on maintenance of ship channel is exercised on the basis of the provision approved by the central industry body in the field of transport and the central industry body in the field of environmental protection;
transportation payment - the payment established and levied by carrier for transportation by inland water transport of passengers or loads;
port area - set of the parcels of land included in the limits of port, including earth necessary for perspective port development;
the harbor area - the sites of the water area within inland waterways established according to the legislation in the field of water transport including raids and approaches to port. Designation of borders of the harbor area is performed by industry body in the field of water transport.
(1) State regulation in the field of inland water transport is performed by the central Agency on water transport of the Republic of Moldova (further - the central industry body) by means of industry body in the field of water transport (further - industry body), and also other industry bodies within the powers conferred to them.
(The Central industry body according to international treaties which party is the Republic of Moldova with this law, other regulations of the Republic of Moldova approves 2) by internal orders within the powers or submits to the Government for the approval of the rule and other regulations governing the relations in the field of navigation, transportation and cargo handling, contents and uses of inland waterways which are obligatory for execution by all organizations and organizations irrespective of form of business and type of property, and also physical persons.
(3) the Industry body exercises control of compliance with law in the field of inland water transport, protection of life of people on inland waterways, certification of command personnel of courts, safety of port and shipping hydraulic engineering constructions, condition of inland waterways, providing ecological safety in case of operation of courts, state registration of courts and the rights to them, technical advice, and also behind pilot service.
(4) Supervision of safety of port and shipping hydraulic engineering constructions performs industry body.
(1) the Type, size and procedure for application of rates for works and services in the field of inland water transport are established by the Government.
(2) the Carriage charge of loads, passengers, their baggage, and also for towage of courts and other floating objects is established by the transport operator.
(1) Inland waterways and shipping hydraulic engineering constructions located on them are part of property of the public sphere of the state and can be used by any physical person or legal entity for the purpose of navigation. The list of inland waterways affirms the central industry body.
(2) Categories of navaids and operation lives of these means, the guaranteed dimensions of the ship courses, and also terms of operation of shipping hydraulic engineering constructions are established by industry body and are published in accordance with the established procedure in the Official monitor of the Republic of Moldova.
(3) the Republic of Moldova owns two inland waterways of the international value - the Dniester Rivers and the Prut.
(1) Carrying out traveling works, including arrangement and content of raids in ports public, berthing facilities and shipping hydraulic engineering constructions for the purpose of navigation safety control, except as specified, provided in part (2), it is performed by the specialized organizations in coordination with industry body at the expense of the government budget, within the means provided by the law on the government budget for the corresponding year, for the income account from own activities, and also at the expense of other sources which are not prohibited by the law.
(2) Work on arrangement on the approaches to ports which are not specified in part (1), and also in Items of sediment of courts it is performed by persons in whose property there are these ports and Items of sediment, in coordination with industry body.
(3) In cases when it is necessary to ensure safety of navigation, works on content of inland waterways and shipping hydraulic engineering constructions are performed on the basis of the provision approved by the central industry body and the central industry body in the field of environmental protection.
(4) Works on arrangement and maintenance of the ship course on sites where hydraulic engineering constructions for fence and collection of water are established, shall be carried out taking into account ensuring work of the specified constructions in the chosen mode in the period of small water-level, established for the corresponding water-course, with approval of these works with the central industry body in the field of environmental protection.
(5) sale of firm deposits (sand, gravel, stones), the job on maintenance of ship channel and arrangement of temporary moorings got as a result of implementation Is forbidden, with their return to sites above or lower on current or in the mouth of the rivers from which these deposits were taken.
(1) the Construction of constructions on inland waterways and works on arrangement of the ship course are carried out provided that the planned activities were subjected to provisional estimate of environmental effect and/or on circumstances biodiversity assessment, according to the Law on environmental impact assessment No. 86/2014.
(2) Persons at whose disposal the constructions located on inland waterways are shall establish at own expense navigation fires and signs, other equipment and to provide their proper functioning for the purpose of safety of navigation according to requirements of state standards and in coordination with industry body.
(3) the Industry body in which management are adjustable and barscule bridges, shall part and lift at own expense them according to the request of industry body in case of need of navigation safety control.
(4) Persons at whose disposal hydroelectric stations are and other hydraulic engineering constructions on water collection regulating water-level on inland waterways shall provide to industry body information on possible changes of water-level on the sites located above and below the specified constructions.
(5) Operation of constructions on water leveling adjustment on inland waterways and regulation of the mode of dumping of water on the sites located below such hydraulic engineering constructions are performed in coordination with industry body.
(6) the Minimum guaranteed depths on the rivers used for navigation and located in the territories of several states are established based on international treaties which party is the Republic of Moldova.
(1) Withdrawal of the parcels of land on the water protection zones and maritime water preserving belts of the rivers and reservoirs for the purpose of construction or arrangement of constructions, including for navigation safety control, is allowed according to the procedure, established by the legislation, with the consent of bodies of local public authority, the central bodies of the public power and the interested state bodies of supervision and control.
(2) Sites of near-shore water protection zones and strips of the rivers and reservoirs can be used in accordance with the terms of placement, creation, dismantle, hardware of temporary moorings and the accompanying constructions and according to rules of in-land navigation of the Republic of Moldova which are established by the Government:
a) as temporary moorings for mooring of courts, landing and disembarkation of people, for loading, unloading and storage of loads, implementation of economic activity and carrying out transactions on customs clearance - for the period which is not exceeding 60 days and without implementation on them capital construction;
b) for arrangement of temporary structures and accomplishment of other works necessary in case of unexpected wintering of courts or accidents with possible participation of courts.
(3) Upon completion of works the physical persons and legal entities which were temporarily using the parcels of land on the water protection zones and maritime water preserving belts of the rivers and reservoirs shall recover sites according to their assignment.
(4) not permitted parking or leaving on the harbor area and within the parcels of land on the water protection zones and maritime water preserving belts of the rivers and reservoirs of courts without supervision, structures and installations which negatively influence state of the environment and condition of inland waterways Is forbidden and/or complicate their use.
Protection of shipping hydraulic engineering constructions and aids to navigation is performed on the basis of the provision approved by the Government.
(1) the Vessel is the personal estate protected from the legal point of view by state registration in the State ship register of the Republic of Moldova (further - the State ship register) or the Ship book of the Republic of Moldova (further - the Ship book). The vessel has the name and can be classified by categories and types. Vessels have nationality of the state in which they are registered and under the flag of which have permission to float.
(2) Vessels can be in public and/or in private property. The property right to the vessel, part of the vessel or to the vessel which is under construction in the territory of the Republic of Moldova arises from the moment of state registration of such right in the State ship register or the Ship book.
(3) the Owner of the vessel has the right to transfer it to the control on the basis of the contract for the term which is not exceeding 5 years. Transfer of the vessel to management is subject to registration in the State ship register or the Ship book.
(4) any physical person or legal entity which shall operate the vessel according to the Code of MKUB (International Safety Management Code) can be the Managing director of the vessel.
(5) Obtaining or transfer of property on the vessel, and also origin, transfer or the termination of other corporeal rights to the vessel are registered in the State ship register according to the procedures provided in Chapter IV.
(1) Each vessel which is subject to state registration in the State ship register or the Ship book shall have the name consisting of name and/or number. The name is appropriated to the vessel by his owner according to the procedure, established by the Government.
(2) the Body performing state registration of the vessel assigns it identification number.
(3) the Name of the vessel is applied on the vessel case in a visible place on both boards of nose, on front wall of superstructure or on bridgewings and on vessel stern. The identification number assigned to the vessel in case of its state registration is put above the name of the vessel.
(4) the Name of the vessel performing navigation out of limits of the territory of the Republic of Moldova is applied on bridgewings and stern of the vessel with letters of the Latin alphabet with indication of vessel nationality - "MD". Aft vessels under its name letters of the Latin alphabet the vessel addition Item is specified.
(5) the distinguishing signal is appropriated to the Vessel. Depending on the level of technical equipment of the vessel also identification station number of communications by satellite and number of the selector distinguishing signal of ship radio station are appropriated to it.
(1) On the vessel registered in the State ship register and performing navigation on inland waterways there shall be following documents:
a) certificate on the property right to the vessel;
b) the certificate on vessel nationality (the certificate on the swimming right under National flag of the Republic of Moldova);
c) certificate of seaworthiness;
d) classification certificate;
e) the certificate of measurement (for the courts which are subject to technical advice from classification societies);
f) the muster roll constituted by the ship master;
g) the logbook, the single ship log, the engineer's log (for the vessel with the mechanical engine operated by crew members of the vessel without combination of positions);
h) vessel's sanitary certificate;
i) single book of survey of the vessel;
j) certificate on pollution prevention hydrocarbons, sewage and garbage;
k) permission to ship radio station;
l) certificate on the minimum structure of boat team;
m) certificate of the inland navigation vessel.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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