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2003. évi LXV. törvény Nyomtatás E-mail
2003. évi LXV. törvény

a merülésvonalakról szóló 1966. évi nemzetközi egyezmény és az egyezményre vonatkozó 1988. évi Jegyzőkönyv egységes szerkezetbe foglalt szövegének kihirdetéséről1

1. § Az Országgyűlés a merülésvonalakról szóló 1966. évi nemzetközi egyezmény és az egyezményre vonatkozó 1988. évi Jegyzőkönyv egységes szerkezetbe foglalt szövegét e törvénnyel kihirdeti.

(Magyarország a merülésvonalakról szóló 1966. évi nemzetközi egyezményre vonatkozó csatlakozási okiratának letétbe helyezése a Kormányközi Tengerészeti Tanácskozó Szervezetnél2 Londonban, 1973. szeptember hó 25-én megtörtént; az Egyezmény a Magyar Népköztársaság tekintetében 1973. december hó 25-én hatályba lépett. A merülésvonalakról szóló 1966. évi nemzetközi egyezményre vonatkozó 1988. évi Jegyzőkönyvhöz való csatlakozásról szóló okirat letétbe helyezése a Nemzetközi Tengerészeti Szervezetnél 2003. április 17-én történt meg; a Jegyzőkönyv a Magyar Köztársaság tekintetében 2003. július 17-én lépett hatályba.)

2. § A merülésvonalakról szóló 1966. évi nemzetközi egyezmény az egyezményre vonatkozó 1988. évi Jegyzőkönyvvel módosított szövegének eredeti angol nyelvű szövege és hivatalos magyar nyelvű fordítása a következő:

„International Convention on Load Lines, 1966, as modified by the Protocol of 1988 relating thereto

The Contracting Governments,

desiring to establish uniform principles and rules with respect to the limits to which ships on international voyages may be loaded having regard to the need for safeguarding life and property at sea;

considering that this end may best be achieved by conclusion of a Convention;

have agreed as follows:

Article 1

General Obligation under the Convention

(1) The Contracting Governments undertake to give effect to the provisions of the present Convention and the Annexes hereto, which shall constitute an integral part of the present Convention. Every reference to the present Convention constitutes at the same time a reference to the Annexes.

(2) The Contracting Government shall undertake all measures which may be necessary to give effect to the present Convention.

Article 2

Definitions

For the purpose of the present Convention, unless expressly provided otherwise:

(1) „Regulations” means the Regulations annexed to the present Convention.

(2) „Administration” means the Government of the State whose flag the ship is flying.

(3) „Approved” means approved by the Administration.

(4) „International voyage” means a sea voyage from a country to which the present Convention applies to a port outside such country, or conversely. For this purpose, every territory for the international relations of which a Contracting Government is responsible or for which the United Nations are the administering authority is regarded as a separate country.

(5) „A fishing vessel” is a ship used for catching fish, whales, seals, walrus or other living resources ’of the sea.

(6) „New ship” means a ship the keel of which is laid, (r which is at a similar stage of construction, on or after the date of coming into force of the present Convention for each Contracting Government.

(7) „Existing ship” means a ship which is not a new ship.

(8) „Length” means 96% of the total length on a waterline at 85% of the least moulded depth measured from the top of the keel, or the length from the fore-side of the stem to the axis of the rudder stock on that waterline, if that be greater. Where the stem contour is concave above the waterline at 85% of the least moulded depth, both the forward terminal of the total length and the fore-side of the stem respectively shall be taken at the vertical projection to that waterline of the aftermost point of the stem contour (above that waterline). In ships designed with a rake of keel the waterline on which this length is measures shall be parallel to the designed waterline.

(9) „Anniversary date” means the day and the month of each year which will correspond to the date of expiry of the relevant certificate.

Article 3

General Provisions

(1) No ship to which the present Convention applies shall proceed to sea on an international voyage after the date on which the present Convention comes into force unless it has been surveyed, marked and provided with an International Load Line Certificate or, where appropriate, an International Load Line Exemption Certificate in accordance with the provisions of the present Convention.

(2) Nothing in this Convention shall prevent an Administration from assigning a greater freeboard than the minimum freeboard determined in accordance with Annex 1.

Article 4

Application

(1) The present Convention shall apply to:

a) ships registered in countries the Governments of which are Contracting Governments;

b) ships registered in territories to which the present Convention is extended under Article 32; and

c) unregistered ships flying the flag of a State, the Government of which is a Contracting Government.

(2) The present Convention shall apply to ships engaged on international voyages.

(3) The regulations contained in annex I, unless expressly provided otherwise, are applicable to new ships.

(4) Existing ships which do not fully comply with the requirements of the Regulations contained in Annex I or any part thereof shall meet at least such lesser related requirements as the Administration applied to ships on international voyages prior to the coming into force of the present Convention; in no case shall such ships be required to increase their free-boards. In order to take advantage of any reduction in freeboard from that previously assigned, existing ships shall comply with all the requirements of the present Convention.

(5) The Regulations contained in Annex II are applicable to new and existing ships to which the present Convention applies.

Article 5

Exceptions

(1) The present Convention shall not apply to:

a) ships of war;

b) new ships of less than 24 metres (79 feet) in length;

c) existing ships of less than 150 tons gross;

d) pleasure yachts not engaged in trade;

e) fishing vessels.

(2) Nothing herein shall apply to ships solely navigating:

a) the Great Lakes of North America and the River St. Lawrence as far east as a rhumb line drawn from Cap des Hosiers to West Point, Anticosti Island, and, on the north side of Anticosti Island, the meridian of longitude 63 °W;

b) the Caspian Sea;

c) the Plate, Parana and Uruguay Rivers as far east as a rhumb line drawn between Punta Rasa (Cabo San Antonio), Argentina, and Punta del Este, Uruguay.

Article 6

Exemptions

(1) Ships when engaged on international voyages between the near neighbouring ports of two or more States may be exempted by the Administration from the provisions of the present Convention, so long as they shall remain engaged on such voyages, if the Governments of the States in which such ports are situated shall be satisfied that the sheltered nature or conditions of such voyages between such ports make it unreasonable or impracticable to apply the provisions of the present Convention to ships engaged on such voyages.

(2) The Administration may exempt any ship which embodies features of a novel kind from any of the provisions of this Convention the application of which might seriously impede research into the development of such features and their incorporation in ships engaged on international voyages. Any such ship shall, however, comply with safety requirements, which, in the opinion of that Administration, are adequate for the service for which it is intended and are such as to ensure the overall safety of the ship and which are acceptable to the Governments of the States to be visited by the ship.

(3) The Administration which allows any exemption under paragraphs (1) and (2) of this Article shall communicate to the Inter-Governmental Maritime Consultative Organisation (hereinafter called the Organisation) particulars of the same and reasons therefor which the Organisation shall circulate to the Contracting Governments for their information.

(4) A ship which is not normally engaged on inter-national voyages but which, in exceptional circumstances, is required to undertake a single international voyage may be exempted by the Administration from any of the requirements of the present Convention, provided that it complies with safety requirements which, in the opinion of that Administration, are adequate for the voyage which is to be undertaken by the ship.

Article 7

Force Majeure

(1) A ship which is not subject to the provisions of the present Convention at the time of its departure on any voyage shall not become subject to such provisions on account of any deviation from its intended voyage due to stress of weather or any other cause of force majeure.

(2) In applying the provisions of the present Convention, the Contracting Governments shall give due consideration to any deviation or delay caused to any ship owing to stress of weather or any other cause of force majeure.

Article 8

Equivalents

(1) The Administration may allow any fitting, material, appliance or apparatus to be fitted, or any other provision to be made in a ship, other than that required by the present Convention, if it is satisfied by trial thereof or otherwise that such fitting, material, appliance or apparatus, or provision, is at least as effective as that required by the Convention.

(2) The Administration which alleys a fitting, material, appliance or apparatus, or provision, other than that required by the present Convention, shall communicate to the Organisation for circulation to the Contracting Governments particulars thereof, together with a report on any trials made.

Article 9

Approvals for Experimental Purposes

(1) Nothing in the present Convention shall prevent an Administration from making specific approvals for experimental purposes in respect of a ship to which the Convention applies.

(2) An Administration which makes any such approval shall communicate to the Organisation for circulation to the Contracting Governments particulars thereof.

Article 10

Repairs, Alterations and Modifications

(1) A ship which undergoes repairs, alterations, modifications and outfitting related thereto shall continue to comply with at least the requirements previously applicable to the ship. An existing ship in such a case shall not, as a rule, comply to a lesser extent with the requirements for a new ship than it did before.

(2) Repairs, alterations and modifications of a major character and outfitting related thereto should meet the requirements for a new ship in so far as the Administration deems reasonable and practicable.

Article 11

Zones and Areas

(1) A ship to which the present Convention applies shall comply with the requirements applicable to that ship in the zones and areas described in Annex II.

(2) A port standing on the boundary line between two zones or areas shall be regarded as within the zone or area from or into which the ship arrives or departs.

Article 12

Submersion

(1) Except as provided in paragraphs (2) and (3) of this Article, the appropriate load lines on the sides of the ship corresponding to the season of the year and ’the zone or area in which the ship may be shall not be submerged at any time when the ship puts to sea, during the voyage or on arrival.

(2) When a ship is in fresh water of unit density the appropriate load line may be submerged by the amount of the fresh water allowance shown on the International Load Line Certificate. Where the density is other than unity, an allowance shall be made proportional to the difference between 1.025 and the actual density.

(3) When a ship departs from a port situated on a river or inland waters, deeper loading shall be permitted corresponding to the weight of fuel and all other materials required for consumption between the point of departure and the sea.

Article 13

Surveys and marking

The surveys and marking of ships, as regards the enforcement of the provisions of the present Convention and the granting of exemptions therefrom, shall be carried out by officers of the Administration. The Administration may, however, entrust the surveys and marking either to surveyors nominated for the purpose or to organisations recognised by it. In every case the Administration concerned fully guarantees the completeness and efficiency of the surveys and marking.

Article 14

Initial, renewal and annual surveys

(1) A ship shall be subjected to the surveys specified below:

a) An initial survey before the ship is put in service, which shall include a complete inspection of its structure and equipment in so far as the ship is covered by the present Convention. The survey shall be such as to ensure that the arrangements, materials and scantlings fully comply with the requirements of the present Convention.

b) A renewal survey at intervals specified by the Administration but not exceeding 5 years, except where paragraphs (2), (5), (6) and (7) of article 19 are applicable, which shall be such as to ensure that the structure, equipment, arrangements, materials and scantlings fully comply with the requirements of the present Convention.

c) An annual survey within 3 months before or after each anniversary date of the certificate to ensure that:

(i) alterations have not been made to the hull or superstructures which would affect the calculations determining the position of the load line;

(ii) the fittings and appliances for the protection of openings, guard rails, freeing ports and means of access to crew’s quarters are maintained in an effective condition;

(iii) the freeboard marks are correctly and permanently indicated;

(iv) the information required by regulation 10 is provided.

(2) The annual surveys referred to in paragraph (1) c) of this article shall be endorsed on the International Load Line Certificate or the International Load Line Exemption Certificate issued to a ship exempted under paragraph (2) of article 6 of the present Convention.

Article 15

Maintenance of Conditions after Survey

After any survey of the ship under Article 14 has been completed, no change shall be made in the structure, equipment, arrangements, material or scantlings covered by the survey, without the sanction of the Administration.

Article 16

Issue of Certificates

(1) An International Load Line Certificate shall be issued to every ship which has been surveyed and marked in accordance with the present Convention.

 
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