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

of February 23, 2015 No. 150

About approval of Rules of investigation of transport incidents with the courts which are subject to state registration in the ship book

According to subitem 55-17) of Item 3 of the article 4 Law of the Republic of Kazakhstan of January 17, 2002 "About merchant shipping" PRIKAZYVAYU:

1. Approve the enclosed Rules of investigation of transport incidents with the courts which are subject to state registration in the ship book.

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 of the republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan";

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. I reserve control of execution of this order.

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

The acting minister on investments and development of the Republic of Kazakhstan

Zh. Kasymbek

It is approved

Minister of Internal Affairs of the Republic of Kazakhstan

March 4, 2015

 

K. Kasymov

Approved by the Order of the acting minister on investments and development of the Republic of Kazakhstan of February 23, 2015 No. 150

Rules of investigation of transport incidents with the courts which are subject to state registration in the ship book

1. General provisions

1. These rules of investigation of transport incidents with the courts which are subject to state registration in the ship book (further - Rules) are accepted according to subitem 55-17) of Item 3 of article 4 of the Law of the Republic of Kazakhstan of January 17, 2002 "About merchant shipping" (further - the Law).

2. Rules determine procedure for conducting investigations of transport incidents with the courts which are subject to state registration in the ship book.

3. The purpose of conducting investigation of transport incidents with the courts which are subject to state registration in the ship book 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) 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;

2) transport incident with the courts which are subject to state registration in the ship book (further - transport incident) - the event with the vessel which led it to disaster and entailed loss of sea going qualities, damage by the vessel of other vessel (courts), aids to navigation and objects of sea infrastructure;

3) sea going qualities - set of the characteristics of the vessel determining his behavior in field environment of swimming: buoyancy, stability, insubmersibility, popularity, controllability;

4) authorized body - the central actuator performing management in the field of merchant shipping and also in limits, stipulated by the legislation the Republic of Kazakhstan, - cross-industry coordination;

5) maritime administration of port - territorial subdivision of department of authorized body.

5. Body of investigation of transport incident is the authorized body.

6. The transport incidents connected with collision with the ocean ships, courts of inland water transport and courts of swimming the river sea used for the purpose of merchant shipping are investigated by authorized body according to Rules of investigation of emergency cases with the courts approved according to subitem 55-17) of Item 3 of article 4 of the Law.

7. Maritime administration of port without delay reports data the transport accident, in form according to appendix of 1 these rules in authorized body, department of authorized body, territorial subdivision of law-enforcement bodies and in transport prosecutor's office.

8. Transport incident, as a result, which there was death either causing heavy bodily harms, or disappearance of people from the vessel, and also final constructive fracture, flooding of the vessel, the damage by the vessel of aids to navigation, objects of sea infrastructure which led to their conclusion from operation are classified as accident.

9. In other cases which are not reflected in Item 8 of these rules, transport incident is classified as operational incident.

2. Procedure for investigation of transport incidents

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

11. Investigation of transport incidents, is conducted within thirty working days from the moment of registration of transport incident by authorized body.

12. 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 inspection of the scene, the damaged courts and objects is performed by the employee of territorial subdivision of authorized body.

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

1) certificate availability on 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;

2) the measures which were accepted by the boatmaster of the small size vessel right after incident for assistance to people and courts.

14. The employee of authorized body performs inspection of the courts participating in transport incident during which checks:

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