An important component of the Moscow Yacht Show was the business program. The speaker of the panel discussion dedicated to the prospects of changing the Russian legislation in terms of regulation of the use of small vessels was the Head of the Department of the State Inspectorate for Small Size Vessels of the Main Department of the Russian Ministry for Emergency Situations in the city of Moscow. Moscow Andrey Pechenin.
Rules for the use of parking lots will be common for all regions.
The regulatory and legal framework related to the use of small vessels in Russia needs to be processed, and the State Migration Service understands this. Not so long ago, the President of the Russian Federation announced the so-called«regulatory guillotine,»i.e. the reduction of all kinds of laws, norms, regulations and their ordering. In this regard, the Russian Ministry of Emergency Situations is working on the concept of development of supervision over small vessels. In June, it is to be ready. As soon as it is presented, we will begin to develop the necessary regulations.
As part of our ongoing work, we are currently working on draft regulations for the use of basic facilities for parking of small vessels. This document is new, as according to the Russian legislation requirements of safety at base mooring facilities for small vessels and requirements on development and approval of rules of use of vessels in the right to approve the subject of the Russian Federation.But in practice we come to the fact that in each subject of the Russian Federation these requirements sometimes significantly differ from each other. According to the procedure of development and approval of documents, new rules for use of parking lots will be published on regulation.gov.ru, and any interested person will be able to take part in public discussions and thus contribute to their development and approval.
What else do we have planned this year? Such document as the order on modification of rules of use of small size vessels on water bodies of the Russian Federation has been introduced into the plan. First of all, it is connected with the fact that we have changed the rules of navigation. Since September of last year new rules of navigation on inland waterways came into force. Naturally, changes must be made to the relevant rules of ship use. These documents must be correlated with each other.
All other regulatory documents will be drafted on the basis of the development concept that will be formed as part of the current legal and design work.
Fines for small boat owners will increase
Since 2002, i.e. since the adoption of the CAO, the fines for violation of the SMVI rules have not changed, and taking into account inflation, their real amount has even decreased.
the GIMS has taken the initiative to raise fines for a number of water offences. This initiative was also supported by some regions. We are talking about fines for violation of Article 11.9 - the management of the vessel in a state of intoxication.
It was suggested to increase the fine for driving a ship in a state of intoxication up to 5000 rubles.
Volgograd Region came forward with a legislative initiative to introduce a new article into the CAO, which implies responsibility for consequences resulting from violation of the rules for the use of small vessels. In other words, if a navigator of a small-size vessel has violated the rules and allowed the consequences of medium or light severity damage, this shall be punished by a fine or deprivation of rights.
We supported these initiatives, the relevant feedback was sent to the government.
If the proposal passes to the State Duma, it is possible that even this year everything will be approved.
As for the approaches to the Code in general and to violations, I would like to say that now in our country, even within the framework of the regulatory guillotine«, a lot of» work is being done to create a new CAO of the Russian Federation. There will be a completely new document, because already at all levels there is an understanding that over 17 years a huge number of changes have been made to the existing code, which need to be streamlined.
In May, the work on the concept of creating a new CAO was completed. When this concept is approved (I think, already in June), agencies will start writing a new version of the CAO. Each of them will have its own set of offences.
Registration for boats with engines up to 10 hp will not be entered (until).
In the nearest future no changes are planned in the current federal legislation regarding registration of boats with engines up to 10 hp. You all know very well that in due time the 36 Federal Laws made changes in a number of Russian laws, and it is clearly defined that a vessel to be registered is a vessel with engine over 10 hp. These are the vessels whose characteristics do not reach these criteria, naturally, they are not subject to registration. This issue will not be discussed in the nearest future.
As for the prospects, perhaps (this is my private opinion, I pay attention to it!), it is possible to introduce registration of motor ships with engines over 5 hp. We have been working on this issue with colleagues.
Previously, it was necessary to register any boat, and for vessels with engine power over 5 hp, it was also required a certificate of management.
The relaxation given by the legislation was perceived by us as an opportunity to violate everything and everything.
And the absence of registration and the certificate of the right of management sometimes contribute to the fact that even a protocol on a person can not always be drawn up in time, just not to incriminate in violation. Once again, it is my private opinion.
Article 11.8 (inappropriate registration) has been completely changed. A third part has been added to it. For violation of the rules of use, namely for management of a vessel not registered in accordance with the established procedure, liability was introduced in the form of a fine of two to three thousand roubles and detention of the vessel. But I call detention of the vessel a measure of last resort, when under the circumstances it is impossible to exclude the vessel from the process of use in any way. If it is possible to exclude the vessel from the process of use without detention (storage), then, naturally, such measure is not taken.
The GIMS regulations will change
I have to admit that the matter has not been resolved. I have ideas. We now have several regulations at the GIMS under which we operate. These are regulations on registration of small size vessels, regulations on certification of small size vessel operators and survey and regulations on supervisory activities. All these regulations shall be amended sooner or later.
First of all, the structure of SMVI is being changed now. Already it will require making changes to the regulations.
We also see the need to update a number of issues. Draft regulations will be posted on the appropriate website, so those who are interested in it will be able to participate and give their suggestions.
With regard to the regulations for the certification of boatmasters, there is no need to be afraid of full standardization, such as that which we see when taking the driver's licence exams in the traffic police. On water it is difficult to define clear criteria, because on a vessel there are current forces, wind forces, heel, differential ... At the moment when a novice passes practical skills, it is not always possible to set some rigid limits for him. The existing regulation lists all necessary variants of performance of an exercise. And the inspector - already on site, based on conditions that are different everywhere - determines how well they were performed. Passing the exam in the Moscow region or at sea, you are in completely different conditions. The approach to a pier here one, and there it will be absolutely other. And there are many such nuances and conventions.
Small size documents will not need to be taken with you in the future.
Let's start with the fact that we are allowed by law to keep the ship's ticket at home, and carry a certified copy, which can be laminated, rolled up in a tube, folded four times and so on. Secondly, there's digitalization work underway.
The digitalization envisages undocumented use of small vessels in the future.
You registered the ship, put an identification number on the hull - that's it. You don't have to carry anything with you. That is, in some electronic database, which is always accessible, there is complete information about you. The inspector comes to you, sees your number, scans it or hammets it into the database. When he checks your driver's license, he sees that this is your last name and that the boat is registered.
There will be a common digital base of all subjects of the Federation. It still exists now, but there are technical difficulties in working with it. That is, even today it is possible to find a ship owner, but it takes time.