Safety certificate for traditional ships

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The safety guideline for traditional ships is a guideline for historical ships flying the German flag . Since April 15, 2001, the safety guideline has been binding for traditional ships and a ship safety certificate is required for these ships.

development

As part of the processing of the maritime heritage as a cultural asset , old ships of various sizes were restored and put back into service by various private individuals or organizations from the 1970s onwards. In order to finance the costs, it was initially customary to give guests a ride in return for donations. As this was a mixture of private and commercial shipping , it led to difficulties in the areas of safety regulations and tax assessment . In the mid-1990s, the Federal Ministry of Transport , See-Berufsgenossenschaft (later BG Verkehr ) and GSHW developed the guideline for traditional ships according to SchSV § 6.

BG Verkehr charges fees for processing the application and issuing the certificate.

requirements

The guideline applies to historical watercraft flying the flag of Germany and

exam

The safety certificate is issued for a period of 5 years with an interim inspection in the third year of operation. Additional interim visits can be carried out if there are valid reasons for doing so.

Controversy over the directive

Since traditional ships had to meet more and more requirements within the framework of the directive, there had been disputes between ship operators and legislators since the 1990s. In addition, the classification as a traditional ship was legally inaccurate internationally, which can lead to considerable difficulties outside German waters. The interpretation of the courts in disputes between ship operators and BG Verkehr is also problematic. In a judgment of the OVG Hamburg from 2011 it says: In particular, the completion of the term "historical watercraft" [... is ...] to be measured by whether it concerns watercraft that already existed in the past, because only exists with regard to such vehicles , as required by § 1 Para. 3 SportSeeSchV, a public, in particular cultural, interest in the maintenance and presentation in motion. "If you apply the corresponding criteria literally, even the BG Verkehr estimated in May 2013 that, under these conditions, ultimately only about ten ships can be recognized as historical in the sense of the legal interpretation . With reference to these judgments as well as the renewed review and rejection of the The employers' liability insurance association rejects an unspecified number of ships, which is generally recognized by the competent tax authorities as charitable status , i.e. the compulsory renunciation of commercial activities . This behavior also led to a dedicated small inquiry in the German Bundestag .

On June 29, 2013, many traditional ships again demonstrated at the Kieler Woche as part of the windjammer parade. The ships had set black flags and gave warning signals with their ship's horns to draw attention to the threatened end of traditional shipping from their point of view.

literature

Web links

Individual evidence

  1. ↑ Blackflag. Action to save traditional shipping in Europe. Joint Commission on Historic Watercraft , archived from the original on December 19, 2014 ; Retrieved May 28, 2013 .
  2. ^ OVG Hamburg, decision of October 8, 2009, 1 Bs 174/09
  3. ↑ Local time Vorpommernstudio. Traditional ships. Norddeutscher Rundfunk, May 10, 2013, archived from the original on June 26, 2013 ; accessed on May 28, 2013 (radio feature with the head of the ship safety department of the BG Transport und Verkehr).
  4. ↑ Transcript Interview Schmidt in local Vorpommern Studio, 05.10.2013. (PDF; 15 kB) Retrieved May 27, 2013 .
  5. ↑ Printed matter 17/13577. (PDF; 64 kB) Retrieved May 28, 2013 .