The Provisions on safety management are formulated in accordance with the laws and administrative regulations on safety management of water traffic and prevention and control of water environment pollution by ships in order to standardize the safety management of yachts, ensure the safety of life and property on water, prevent and control the pollution of water environment by yachts, and promote the healthy development of the yachts industry. They shall come into force as of January 1, 2009.
Article 1 For the purpose of regulating the safety management of yachts, ensuring the safety of aquatic life and property, preventing and controlling the pollution of water area environment by yachts and promoting the healthy development of yachts industry, these Provisions are formulated in accordance with the laws and administrative regulations governing the safety management of water traffic and preventing and controlling the pollution of water area environment by ships.
Article 2 These Provisions shall apply to the safety and pollution prevention and control of yachts sailing and berthing in waters under the jurisdiction of the People’s Republic of China.
The term “yachts” as mentioned in these Provisions refers to ships equipped with mechanical propulsion power devices that are only used by the owners of yachts for sightseeing, recreation and other activities.
The “yacht club” mentioned in these Provisions refers to a lawfully established organization that provides services for the storage and use of yachts for members of the yacht club.
Article 3 The Maritime Safety Administration of the People’s Republic of China shall uniformly implement the national supervision and administration of the safety of the Marine traffic of yachts and the prevention and control of the polluted water area environment.
The maritime administrative organs at various levels shall, in accordance with their functions and duties, be specifically responsible for the supervision and administration of the safety of yachting water traffic and the prevention and control of the polluted water area environment within their jurisdiction.
Article 4 A yacht shall be inspected by a ship survey institution in accordance with the regulations and specifications for the inspection of yachts approved or approved by the Ministry of Transport, and shall not be put into use until it has obtained the corresponding ship survey certificate.
(1) The seaworthiness of the yacht is affected by an accident;
(2) changing the class specified in the survey certificate of yacht;
(3) the certificate issued by the ship survey authority is invalid;
(4) the owner of the yacht has changed, the name of the vessel has changed or the port of registry has changed;
(5) The structure of the yacht or its important safety and pollution prevention facilities or equipment has been changed.
Article 6 For yachts sailing or berthing in waters under the jurisdiction of the People’s Republic of China, a certificate of nationality shall be obtained.
Yachts without a certificate of nationality may not sail or berth in waters under the jurisdiction of the People’s Republic of China.
When applying for the nationality registration of a ship, the owner of the yacht shall hold the ship survey certificate and the certificate of ownership, which shall be examined by the maritime administrative authority and issued with the Certificate of Nationality of Ships of the People’s Republic of China.
The nationality registration of yachts less than 5 meters in length shall be handled with reference to the provisions of the preceding paragraph.
Article 7 Yacht operators shall pass special training and examinations, possess professional knowledge and skills suitable for the yachts they steer and the waters they sail, master the basic requirements of water fire control, lifesaving and emergency response, and obtain the certificate of competency for yacht operators issued by the maritime administrative authority.
No person shall sail a yacht without a certificate of competency as a yacht operator.
Article 8 Applicants for a certificate of competency for yacht operator shall meet the following requirements: (1) The applicant shall be at least 18 years old but not more than 60 years old;
(2) the eyesight, color vision, hearing, oral expression and physical health meet the requirements of navigation safety;
(3) Pass the required training for yacht operators and pass the examination.
Article 9 Whoever applies for a certificate of competency for yacht operator shall pass the examination organized by the maritime administrative body authorized by the Maritime Safety Administration of the People’s Republic of China.
Those who apply for the certificate of competency of yacht operator shall go to the maritime administrative authority where the training or examination is conducted, and submit an application form and relevant materials to prove that they meet the requirements for the certificate.
After examination and verification by the maritime administrative organ, those who meet the requirements for license issuance shall be issued with the corresponding category of yacht operator competent certificate valid for five years.
Article 10 The Yacht Operator’s Competency Certificate shall be classified into offshore yacht Operator’s Competency Certificate and river Yacht Operator’s Competency Certificate.
Article 11 Holders of Master’s and Pilot’s Certificates of Competency or pilot’s Certificates of competency of sea-going vessels and inland waterway vessels may, in accordance with the provisions of the examination syllabus for Yacht operators, obtain the Certificate of Competency of sea-going Yacht Operators and the Certificate of Competency of inland Waterway Yacht Operators through corresponding practical training.
Article 12 When the validity period of the certificate of competency for yacht operator is less than 6 months, the holder shall apply to the original issuing maritime administrative authority for the replacement of the certificate.
If the relevant requirements in the conditions for the replacement of the certificate are met, the maritime administrative organ shall issue the certificate of competency for the same class of yacht operators.
If the certificate of competency of yacht operator is lost or damaged, it may apply to the maritime administrative authority for a replacement in accordance with the prescribed procedures.
Article 13 An institution set up according to law to train yacht operators shall meet the corresponding conditions and be approved by the Maritime Safety Administration of the People’s Republic of China in accordance with the requirements of the relevant state regulations on the training of seamen.
Article 14 Before SETTING SAIL, THE YACHT OPERATOR SHALL make a safety CHECK TO ENSURE THE SEAworthiness OF THE YACHT.
Article 15 A yacht shall carry along with it the relevant certificates, documents and necessary navigation data, and keep relevant navigation records.
The YACHT SHALL CARRY with it radio communication tools that can communicate with the local maritime administration and yacht CLUB, and ensure effective communication with the shore-base.
A yacht operator shall carry a yacht operator’s certificate of competency when operating a yacht.
Article 16 Yachts shall apply for a regular 12-month visa in accordance with the Regulations for the Administration of Vessel Visas.
Article 17 A yacht shall sail within the seaworthiness range as determined in its inspection certificate.
The owner of the yacht or the yacht club shall, before setting sail for the first time, file the sailing waters of the yacht with the local maritime administrative organ for record.
During each voyage of the yacht, if the sailing waters exceed the scope of record, the yacht owner or yacht club shall report the name of the yacht, voyage plan, list of yacht operators or crew, and emergency contact information to the maritime administrative authority before the voyage of the yacht.
Article 18 When sailing, yachts shall, in addition to observing the rules on collision avoidance and the special navigation regulations issued by the local maritime administrative organ, observe the following provisions: (1) Yachts shall avoid sailing in bad weather or other situations that endanger the safety of navigation;
(2) Yachts shall avoid sailing in the waters where vessels are routinized, the main channel, anchorage, breeding areas, waters near ferries, areas with dense traffic, and other waters under traffic control. If it is necessary to sail in the above waters, they shall obey the command of the maritime administrative authorities and observe the speed limit provisions;
Yachts shall not sail in the no-sail zone or the safe operation zone;
(3) A yacht without a beacon and other conditions for night sailing shall not sail at night;
(4) The yacht shall not sail in excess of the approved crew.
Article 19 Yacht operators shall not drive after drinking or when tired.
Article 20 YACHTS shall berth in the special berthing waters or berthing places announced by the maritime administrative organ.
The exclusive berthing waters or berthing places for yachts shall meet the requirements for safe berthing, shelter from the wind and facilitate safe boarding and disembarkation of yachts.
If the special waters for yachts to berth in belong to the waters of a port, the relevant port plans shall be complied with.
Article 21 When temporarily berthing during the voyage, yachts shall choose waters that do not interfere with the navigation, berthing or operation of other vessels.
It is not allowed to berth in the vicinity of the main waterway, anchorage, no-navigation zone, safe operation zone, ferry, or in the waters where it is forbidden to berth as announced by the maritime administrative authority.
Article 22 If a yacht berthing dock, breakwater or mooring facility is to be built in a port water area, an application shall be made to go through the corresponding license formalities in accordance with the provisions of the Port Law.
Article 23 For yachts sailing international routes to enter and exit ports of the People’s Republic of China, the entry and exit procedures shall be completed in accordance with relevant state regulations on entry and exit ports for ships.
Article 24 Yachts may not discharge oil substances, domestic sewage, garbage and other toxic and harmful substances into water areas in violation of the provisions of laws, regulations and rules on the prevention and control of pollution from ships.
Yachts shall be equipped with necessary waste oil and water recovery devices and garbage storage containers and shall be properly used.
Waste such as batteries, oil substances and household wastes generated by yachts shall be sent to shore for receiving and treatment, and records shall be made.
Article 25 The owner shall be responsible for the safety and pollution prevention of the yacht.
The owner of the yacht shall be responsible for the daily safety management and maintenance of the yacht, to ensure that the yacht is in good safety and technical condition, and to ensure the safety of the sailing and berthing of the yacht as well as the personnel on the yacht.
If a yacht is entrusted to the custody of a yacht club, the owner shall sign an agreement with the yacht club to clarify the responsibilities of both parties in respect of the safety of sailing and berthing, as well as the daily maintenance and maintenance of the yacht and the management of safety and pollution prevention.
The yacht club shall bear the responsibility for the safety and pollution prevention of the yacht in accordance with the provisions of the maritime administrative authority and the agreement with the yacht owner.
(1) Establish a management system for the safety and pollution prevention of yachts and appoint corresponding full-time management personnel;
(2) It shall have appropriate waters for safe berthing of yachts, be equipped with facilities for ensuring the safety of yachts and preventing and controlling pollution, and be equipped with facilities and equipment for safe communication on water;
(3) having the facilities and ability to carry out routine overhaul, maintenance and maintenance of the yacht;
(4) having the ability to recover yacht wastes, oil residues and refuse;
(5) It shall have safety and pollution prevention measures and emergency preplans, and shall have the corresponding capacity for emergency rescue.
Article 27 After registering according to law, a yacht club shall report to the maritime administration directly under the place where it is located or to the maritime administration at the provincial level for record.
The maritime SAFETY ADMINISTRATION directly under the Ministry of Transport or the local maritime safety administration at the provincial level shall check the safety and anti-pollution ability of the yacht club for the record.
Those who have the capacity as prescribed in Article 26 shall be put on record and announced.
Article 28 A yacht club shall undertake the following safety obligations for its members and the yachts under its management: (1) carry out publicity, training and education on the knowledge of yacht safety, prevention and control of environmental pollution and emergency response for yacht operators and crew;
(2) Urge yacht operators and crew members to abide by the regulations on water traffic safety and pollution prevention and control, and implement corresponding measures;
(3) to ensure the safety of yachts in berthing waters or berthing places;
(4) verifying the certificate holding status of yachts and yacht operators and ensuring that sailing yachts and yacht operators hold corresponding valid certificates;
(5) To provide yachts with meteorological and hydrological conditions required for navigation and navigation notices (police) issued by maritime administrative authorities and other information services;
In case of bad weather conditions and other circumstances that are not suitable for sailing or a warning that the maritime administrative organ forbids sailing, the yacht shall be stopped from sailing and the yacht that has sailed shall be informed to return to the sea;
(6) To master the situation of each voyage, return voyage and crew of the yacht, and make records for future reference;
(7) to maintain unimpeded communication with yachts and maritime administrative authorities;
(8) In accordance with the emergency preplan filed with the maritime administrative authority, it shall regularly organize emergency drills for internal management and emergency drills for yacht members to participate in.
Article 29 The special telephone number for water search and rescue, the water safety channel published by the local maritime administrative authority and the instructions for use shall be marked on the yacht in an obvious position.
Article 30 If a yacht is in danger or a water traffic accident or pollution accident occurs, the yacht operator and other crew members, the yacht club and the vessel or person who discovers the danger or accident shall immediately report to the maritime administrative organ.
Yacht clubs should start emergency plans immediately.
Until help arrives, the people on the yacht should try their best to save themselves.
The operators and other crew members of the yacht shall promptly report to the maritime administrative organ any maritime traffic accidents, pollution accidents, distress messages or illegal acts discovered during navigation or berthing.
If rescue is necessary, the yacht shall try its best to rescue the people in distress on the water under the condition that it does not seriously endanger its own safety.
Article 31 The maritime administrative authority shall supervise and inspect yachts, yacht clubs and yacht operator training institutions according to law.
The yacht club and the yacht owner shall cooperate and rectify and eliminate the safety defects and hidden dangers found in time.
Article 32 The maritime administrative authority shall order the yacht to make immediate corrections when it finds that it violates the order of the administration of water traffic safety and the administration of the prevention and control of environmental pollution by ships;
If the vessel fails to make corrections as required or the circumstances are serious, the maritime administrative organ may order the vessel to temporarily stop, change course, sail to a designated place, forcibly tow it away from the vessel or prohibit it from entering or leaving the port.
Article 33 If the maritime administrative authority finds that a yacht club no longer has the safety and pollution prevention capacity, it shall order it to make rectification within a time limit;
For those who fail to make rectification as required or whose circumstances are serious, they may be deleted from the yacht club directory published for the record.
Article 34 When conducting supervision and inspection according to law, the personnel of a maritime administrative organ shall present their law enforcement certificates to identify themselves.
Article 35 Whoever, in violation of these Provisions, conducts the training of yacht operators without obtaining the training license shall be ordered by the maritime administrative authority to make corrections and imposed a fine of not less than 50,000 yuan but not more than 250,000 yuan;
If there are any illegal gains, they shall also be confiscated.
Article 36 Where a yacht operator training institution commits any of the following acts, the maritime administrative authority shall order it to make corrections and may impose a fine of not less than 20,000 yuan but not more than 100,000 yuan;
If the circumstances are serious, the training license shall be suspended for not less than 6 months but not more than 2 years until revoked: (1) Failing to conduct training in accordance with the requirements of these Provisions and the training program for yacht operators, or lowering the training standard without authorization;
(2) The quality of training is low and fails to meet the prescribed requirements.
Article 37 Where, in violation of these Provisions, a yacht sailing at sea fails to hold a qualified inspection certificate, registration certificate and necessary navigation data, the maritime administrative authority shall order it to make corrections and may impose a fine of less than 1,000 yuan. If the circumstances are serious, the maritime administrative authority shall have the power to order it to stop sailing.
A fine of up to $1,000 can be imposed on a yacht operator and a yacht operator’s certificate of competency can be detained for 3 to 12 months.
Where, in violation of these Provisions, a yacht sailing on inland rivers does not hold a qualified inspection certificate or registration certificate, the maritime administrative authority shall order it to stop sailing, and if it refuses to stop, the yacht shall be seized temporarily;
If the circumstances are serious, they shall be confiscated.
Article 38 Any yacht operator who, in violation of these Provisions, fails to carry a qualified certificate of competency when operating a yacht shall be ordered by the maritime administrative authority to make corrections and may be fined not more than 2,000 yuan.
Article 39 Where a certificate of competency held by a yacht operator is obtained by dishonest means such as cheating or bribery, the maritime administrative authority shall revoke the certificate of competency and impose a fine of not less than 2,000 yuan but not more than 20,000 yuan.
(1) Failing to berth in the dedicated berthing waters or berthing points announced by the maritime administrative authorities, or the waters temporarily berthing does not meet the requirements of these Provisions;
(2) The sailing waters of the yacht are beyond the scope of filing, and the owner or yacht club fails to file the name, sailing plan, list of yacht operators or crew, emergency contact information, etc. with the maritime administrative organ before setting sail.
Article 41 Other acts in violation of these Provisions shall be punished in accordance with relevant laws, administrative rules and regulations.
Article 42 Any staff member of a maritime administrative organ who neglects his duty, engages in malpractices for personal gain or abuses his power shall be given administrative sanctions according to law.
Article 43 Where a yacht is engaged in commercial transport, it shall go through the formalities of ship survey, registration and ship operation license in accordance with the relevant state regulations on ship operation.
Article 44 Yachts shall, in accordance with the regulations of the State, pay the corresponding shipping taxes and fees.
Article 45 Yachts with a quota of more than 12 passengers shall be subject to safety supervision and administration in accordance with passenger ships.
Article 46 These Provisions shall go into effect as of January 1, 2009.
