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ORDER OF THE MINISTER OF INVESTMENTS AND DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of September 5, 2016 No. 646

About approval of Rules of implementation of pilotage duty of courts

According to Item 1 of article 45 of the Law of the Republic of Kazakhstan of January 17, 2002 "About merchant shipping" PRIKAZYVAYU:

1. Approve the enclosed Rules of implementation of pilotage duty of courts.

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

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) the direction of the copy of this order in paper and electronic view on official publication in periodic printed publicity materials and information system of law of Ad_let, and also in Reference control bank of regulatory legal acts of the Republic of Kazakhstan within ten calendar days from the date of state registration in 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;

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 this Item.

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.

Minister of investments and development of the Republic of Kazakhstan

Zh. Kasymbek

It is approved

Minister of Defence of the Republic of Kazakhstan

"___" ___________ 2016

 

________________ S. Zhasuzakov

It is approved

Chairman of Committee of homeland security of the Republic of Kazakhstan

"___" ___________ 2016

 

________________ K. Masimov

Approved by the Order of the Minister of investments and development of the Republic of Kazakhstan of September 5, 2016 No. 646

Rules of implementation of pilotage duty of courts

Chapter 1. General provisions

1. These rules of implementation of pilotage duty of courts (further - Rules) are developed according to Item 1 of article 45 of the Law of the Republic of Kazakhstan of January 17, 2002 "About merchant shipping" (further - the Law) and determine procedure of pilotage duty of courts for the purpose of safety control of navigation of vessels, prevention of incidents with courts and environment protection.

2. In these rules the following basic concepts are used:

1) pilotage duty of courts - the carrying out courts performed by the pilot;

2) leading method - method of pilotage duty of courts in case of which the pilot vessel follows on waterway ahead of the carried-out vessel and the carried-out vessel follows it;

3) the pilot - the specialist having certain knowledge and skills in the field of safe carrying out courts to the place of mooring, anchoring and shift of courts in port;

4) sailing directions - the navigation benefit with the detailed description of features of certain water basin, includes descriptions of perceptible places, signs and coast, and also contains detailed instructions for ways of safe swimming, hydrological and meteorological conditions on certain water area;

5) the pilot vessel - the vessel used for watch of pilots and pilotage, and also for delivery of pilots to the carried-out vessels and removals from them;

6) the small size vessel - the vessel no more than twenty meters long with the admissible number of people onboard no more than twelve people, except the vessels constructed or equipped for fishery, carriage of goods, towage carrying out search, exploration and production of minerals, construction, traveling, hydrotechnical and other similar works, pilotage and icebreaker assistance, and also implementation of actions for protection of water objects against pollution and contamination.

Other concepts and determinations used in these rules are applied according to the Law.

3. Maritime administration of port within competence exercises control and supervision of activities of pilot service.

4. The organization which employee is the pilot approves issue of the pilot certificate in form, according to appendix 1 to these rules (further - the pilot certificate) with Maritime administration of port.

5. The authorized body in the field of merchant shipping establishes areas obligatory and regions of optional pilotage duty of courts and brings information on such areas to the general attention in seaports and sailing directions.

Chapter 2. Procedure of pilotage duty of courts

Paragraph 1. Obligatory pilotage duty of courts

6. The vessel does not perform swimming without pilot in regions of obligatory pilotage duty of courts, except for categories of the courts exempted from obligatory pilotage duty according to Item 7 of these rules.

7. The following categories of courts are exempted from obligatory pilotage duty of courts:

1) warships;

2) military auxiliary vessels;

3) boundary ships;

4) the vessels intended for rendering port and other services in port;

5) small size vessels;

6) the vessels floating under National flag of the Republic of Kazakhstan which are managed by captains with years of service of swimming in the region of obligatory pilotage duty of courts at least 24 months in courts with a gross tonnage of 3000 and more register tons.

If these vessels perform swimming under control of the captains conforming to requirements of the subitem 6) of this Item, the shipowner or the marine agent provide supporting documents in Maritime administration of port in 3 days prior to approach of the vessel to the region of obligatory pilotage duty of courts.

8. For implementation of pilotage duty the pilot is provided:

1) the pilot vessel either by helicopter, or other delivery system of the pilot from the coast on the vessel providing safe landing and disembarkation of the pilot from the vessel which is in good repair and having necessary technical characteristics proceeding from the extent of the area and duration of pilotage duty of courts, intensity of navigation, hydrometeorological and other features of pilot waters of courts;

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