DECREE No.40-CP OF JULY 5,1996 OF THE GOVERNMENT ON ENSURING NAVIGATION ORDERS AND SAFETY ON INLAND WATERWAYS

THE GOVERNMENT

•  Pursuant to the Law on Organization of the Government of September 30,1992;
•  Pursuant to the Ordinance of December 2,1994 on the Protection of Communication Projects;
•  Pursuant to the Ordinance of January 28,1989 on the People's Police and the Ordinance of July 6, 1995 amending Article 6 of the Ordinance on the Vietnam Police Force;
•  Pursuant to the Ordinance of July 6, 1995 on the Handling of Administrative Violations;
•  At the proposals of the Minister of Communications and Transport, the Minister of the Interior and the Ministry of Justice,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1

•  This Decree provides for navigation order and safety on inland waterways aimed at ensuring safety for human lives and means and properties of the State and of the people.
•  The persons and means taking part in navigation and using navigation projects on inland waterways shall have to strictly observe the regulation of this Decree.
•  The persons and means operating in the first sea port water area of a river and the sea lanes which have received public permission of entry and exit by the competent authority do not come under the regulation of this Decree.
•  If the inland waterway coincides with the national border between Vietnam and another country, the concerned persons and means shall have to observe, apart from the regulations of this Decree, the clauses of the border agreement which Vietnam has signed with that country.

Article 2

All State agencies, economic organizations, social organizations, armed units and all individuals shall have to strictly observe the provisions of the legislation on navigation order and safety on inland waterways.

All foreign organizations and individuals operating and/or residing on Vietnamese territory shall have to strictly observe all provisions of the legislation on navigation order and safety on inland waterways.

Article 3

The State agencies shall coordinate with the Vietnam Fatherland Front and its member organizations to popularize the regulations on navigation order and safety on inland waterways and educate and motivate the population to implement them.

Article 4

•  All acts which violate navigation order and safety on inland waterways must be handled in strict conformity with law.
•  The persons on duty of ensuring navigation order and safety on inland waterways who fail in their duty, who hassle other people or cause other obstacles shall, depending on the extent of the offense, be subject to discipline or examined for penal liability.

Article 5

The terminologies used in this Decree shall be constructed as follows:

•  The inland waterways include the navigable waterways on rivers, canals, river-mouths, lakes, gulf shore, seashore, ways leading to offshore islands, ways linking islands within the internal waters of the Socialist Republic of Vietnam.

•  The inland water navigation projects comprise the following:
The access ways for ships and boats, water-locks, jetties, dams (except irritation jetties and dams), ports, landing stages, storage yards, signal buoys and auxiliary and support equipment commonly called navigation projects in this Decree.

•  Obstacle is an object either created by nature or erected by man which affects inland water navigation and transport.

•  Special-use port (or landing stage) is one for loading and unloading commodities and materials in service of production chains which has no function of goods handling business.

•  The sea water area and the inland water port include: the water front of a port a landing stage, the docking area, the transshipment area and the access way from the waterfront to the shipping lane which are commonly referred to as port water area in this Decree.

•  Broad access is an access way with a width larger than or equal to five times the length of the means of transport at the place where this means is operating.

•  Narrow access is an access with a lane smaller than five times the length of the means at the place where the means is operating.

•  Inland navigation means (means for short) include:

•  Motorized or non-motorized ships and boats;

•  Rafts;

•  Floating structures used for navigation and transport or for service business on the inland waterways.

•  Docking is the state in which the means lies immobile thanks to an anchor or other mooring devices.

•  Dinghy is a small boat used to transport passengers and goods propelled by oar, sail tug rope or a small capacity motor of less than 15 HP and with a loading capacity of no more than five tons or 13 passengers designed and made either according to prescribed technical norms or popular experiences.

•  Ferry boat is a boat used to transport passengers and goods across a river or canal.

•  Passenger boat is a boat to transport passengers and goods along a river, canal or lake within a distance of not more than 10 km.

•  Lightering boat is a means to take passengers from and deliver passengers to a traveling passenger ship.

•  Household water transport means is a means to service only one individual or his/her family without taking part in business transport and with a loading capacity of no more than five tons or a motor capacity of no more than 15 HP.

•  Motorized means is a means propelled by motor.

•  Rudimentary means is a means propelled by human force, animals, wind or water.

•  Tug convoy is a convoy of ships formed by assembled tugging means (tug boats) and the tugged means.

•  Push convoy is an assembly of push means (tow boat) and the pushed means.

•  Lightering tug fleet is an assembly of tug boats and the means tugged to along one side or both sides of a boat.

•  Mixed tug fleet is an assembly of means of tug and tugged ships so arranged to combine the following tasks:

•  Tugging and pushing;

•  Tugging and lightering;

•  Pushing and lightering;

•  Pushing, tugging and lightering.

•  Traveling means is a means which is moving or standing immobile without the need of anchor.

•  Crossing is the act of two ships crossing the lane of each other during which one ship sees only one side of the other at daytime or sees only a side light (green or red) of the other at night.

•  Loss of control is the situation in which a traveling means, for some special reasons, has lost its capacity of operating according to the will of the driver.

•  Signals are the information conveyed by sound signals, light signals or banners and other signs used in communication aimed at ensuring safety for the means of transport on the inland waterways.

•  The crew are the persons working on an inland water transport means designated according to their prescribed functions (except those working on household means of transport).

•  Captain or driver is the highest person in command on the means of transport, called captain in this Decree.

•  Passengers are all the persons other than the crew, members of their families who live on the means of transport and those assigned with specific tasks on the means of transport.

Article 6

•  When a navigation accident occurs, the captain must immediately seek all possible measures to save the lives and properties and preserve the traces and other evidence, at the same time must inform the local People's Committee or police or the nearest managing unit of inland water transport.

•  All the persons present at the place of the accident have the responsibility to join the rescue. Those who shirk their rescue obligation shall be dealt with according to law.

•  The means and properties of the victims must be carefully protected. The use of force and all other acts which endanger the life, means and properties of the victims and the author of the accident are strictly prohibited. All acts of preventing the persons on duty to perform their tasks shall be dealt with according to law.

•  The persons directly related to the accident must be present at the place of the accident when the authorities make a written record.

•  The People's Committee of the locality where the accident takes place must organize the rescue, preserve the evidences and direct the specialized agencies to overcome the consequences of the accident.

Article 7

•  The traffic police can set up checkpoints only at the places designated by the Minister of the Interior and can inspect the means of transport only when signs of law-breaking are detected.

•  All acts of arbitrarily ordering a ship or boat to stop for inspection are strictly forbidden.

Chapter II : RESPONSIBILITIES OF THE MINISTRIES, MINISTERIAL-LEVEL AGENCIES, AGENCIES ATTACHED TO THE GOVERNMENT, PEOPLE'S COMMITTEES OF THE PROVINCES AND CITIES DIRECTLY UNDER THE CENTRAL GOVERNMENT TO ENSURE NAVIGATION ORDER AND SAFETY ON INLAND WATERWAYS.

Article 8- Responsibilities of the Ministry of Communications and Transport:

•  To issue service norms including: technical norms for navigation projects on inland waterways; the technique of different kinds of water transport means; operation permits for designing, building and repairing inland water transport means, announce the opening (and closing) of the shipping lanes, ports and landing stages; material and technical bases, criteria of teachers of the schools and courses to train crew members and other technical criteria on ensuring navigation order and safety on inland waterways.
•  To issue the rules for signaling on Vietnam's inland waterways.
•  To lay down the rules for the activities of the port authorities on inland waterways in the necessary areas.
•  To conduct technical control of the means of inland water transport (except the means used for security and defense purposes).
•  To register, issue number plates, manage different kinds of inland water transport means (except the means in service of security and defense and for fishing).
•  To issue permits for goods and passenger transportation to inland water transport means which take part in the transport business.
•  To issue permits for the use of water areas related to inland water transport.
•  To organize the training, examinations and granting of graduation diplomas and licenses for captains and skippers and professional certificates to the crew members.
•  To inspect the protection of the navigation projects, and handle the administrative violations under its jurisdiction.
•  To coordinate with the Ministry of the Interior in monitoring and analyzing the causes of the navigation accidents on inland waterways in order to take measures to prevent their recurrence.

Article 9- Responsibilities of the Ministry of the Interior:

•  To effect technical control, registration and management of the inland water transport means of the People's Security Force (except the means used for economic tasks which shall be registered, subject to technical control and issued operation permits by the Ministry of Communications and Transport.
•  To organize the control and handle the violations of navigation order and safety on inland waterways.
•  To take the main responsibility and coordinate with the Ministry of Communications and Transport in ensuring navigation order and safety on inland waterways.
•  To organize the investigation and handling of the navigation accidents. To take the main responsibility and coordinate with the Ministry of Communications and Transport in inventorizing, monitoring, analyzing and drawing conclusions on the causes of the navigation project and the transport inspectoral authorities to ensure navigation order and safety and the protection of the inland waterways.

Article 10- Responsibilities of the Ministry of Aquaculture:

•  To register, issue number plates and manage the fishing means.
•  To assign the water areas for the raising and fishing of aquatic products related to the shipping lanes and protection corridor after consulting the Ministry of Communications and Transport.
•  To direct the units in the fisheries service not to cause encumbrances to the navigation on the shipping lanes.
•  To introduce the contents of legislation on inland water transport into the schools to train crew members of fishing boats according to the prescribed curriculum.

Article 11- Responsibilities of the Ministry of Defense:

•  To effect technical control, registration and management of the inland water transport means within the jurisdiction of the Ministry of Defense (except the means used in economic activities which shall be registered, subject to technical control and granted operating permits by the Ministry of Communications and Transport).
•  To direct the army units using water transport means and operating on inland waterways to observe the legislation on communications and transport, and to submit to the inspection and control by the force ensuring navigation order and safety (except in combat activities, military exercises and other emergency tasks on orders from the competent authorities).
•  To introduce the contents of the legislation on inland water transport into the schools to train crew members of the Ministry of Defense according to the prescribed curriculum.

Article 12- Responsibilities of the Ministry of Trade:

When drawing up the annual plans for the import of inland water transport means, it shall have to get the written consent of the Ministry of Communications and Transport concerning the quantities and categories of the means which are allowed for import on the basis of the technical norms and the current conditions of the navigation lanes, ports and landing stages.

Article 13- Responsibilities of the other ministries and branches related to navigation order and safety on inland waterways:

When working out their plans and before implementing them they must get the written consent of the Ministry of Communications and Transport in the following works:

•  To build cross-river projects and other projects within the scope of the protection of inland waterways.
•  To operate the projects related to the regulation of water which have an impact on inland water navigation (except the projects related to the fight against floods);
•  To exploit mineral resources within the scope of the protection of inland waterways.

Article 14- Responsibilities of the People's Committees of the provinces and cities directly under the Central Government:

The information and press service, the radio and television at the central and local levels shall have to conduct regular popularization and education of the legislation on navigation order and safety on inland waterways free of charge.

Article 15- Responsibilities of the People's Committees of the provinces and cities directly under the Central Government:

•  To organize and direct the branches within the jurisdiction of their locality and the People's Committees of districts, communes and wards to take all necessary measures:

•  To establish order and safety of navigation on inland waterways in the locality;

•  To register, issue operating permits to the inland water transport means according to the prescriptions of the Ministry of Communications and Transport;

•  To train crew members, issue licenses and professional certificates as prescribed by the Ministry of Communications and Transport.

•  To organize and arrange the ports, storage yards, places of mooring for the means of transport, the raising and fishing of aquatic products and market places on the inland waterways in the locality.

•  To take measures against the discharge of mud, sand, soil, stone, pebbles, straw, untreated industrial waste and daily life waste into the inland waterways; to protect the signal buoys and the inland water navigation projects in the locality.

•  Basing themselves on the State law and the regulations of the Ministry of Communications and Transport and the practical situation in the locality, to step by step clear the constructions which encroach on the navigation lanes and the protection corridor of the navigation lanes in the locality.

•  To organize the rescue of victims of shipwrecks, the ships and properties in the shipwrecks, the ships and properties in the shipwrecks, and settle the consequences of navigation accidents occurring on inland waterways in the locality.

•  To conduct popularization and education about the observance of the legislation on inland water navigation for the concerned persons and organizations in the locality.

•  To organize the control of the implementation of the tasks of the force assigned the task of ensuring navigation order and safety on inland and handle the violations of the navigation order and safety on the inland waterways under their competence.

CHAPTER III : MANAGEMENT OF NAVIGATION PROJECTS ON INLAND WATERWAYS

Article 16

The unit managing the navigation projects on inland waterways has the responsibility to ensure the technical safety and the technical norms of the projects.

When a damage to a navigation project on inland waterways endangering the navigation safety is detected, it must take timely remedy measures and direct the navigation in order to prevent accidents, and it shall have to take responsibility for the accident if it fails to fulfill its responsibility.

Article 17

•  In case of a shipwreck, after rescuing the lives and properties, the captain must install and maintain the signal device, re-float the ship or boat within the time limit defined by the unit managing the inland waterway.

•  The unit managing the inland waterway has to cooperate with the traffic police, report the accident to the local administration in order to take measures to overcome quickly the consequences and ensure uninterrupted and safe navigation.

Article 18

•  If the re-floating and removal of the obstacle affects navigation, the owner of the obstacle shall have to consult the competent unit managing the inland waterway.

•  The project owner can start the construction only after taking measures to ensure navigation safety and must have a permit of the competent agency managing the inland waterway.

•  The unit managing the inland waterway has the responsibility to compile the dossier to monitor the projects and obstacles affecting inland water navigation.

•  The unit managing the inland waterways shall handle the project or obstacle in case the project owner or the obstacle owner cannot or do not perform their duty as prescribed. The project owner and the obstacle owner shall have to bear all expenses incurred thereby.

Article 19

•  When elaborating the plan and before carrying out the following projects on inland waterways, there must be a written agreement of the Ministry of Communications and Transport:

•  Durable and temporary bridges;

•  Electric and communication lines, and aerial and under river pipes;

•  Ferries;

•  Dyke protection embankment, projects related to the prevention and fight against floods and storms which affect the navigation lanes of ships and boats.

Besides these constructions, when building other projects on inland waterways, there must be permission from the competent authorities in inland navigation.

•  The project owner must clear all obstacles after completing an inland waterway project.

Article 20

1. The means for raising and fishing aquatic products related to the protection area of the inland waterway must have permits of the competent agency managing the inland waterways and must fully comply with the prescriptions in the permit.

The mobile means of fishing must not create obstacles to inland navigation and must not damage the communications projects.

In case of a change in the navigation lanes, the owners of the means for fishing and raising aquatic products must remove, reduce or dismantle their equipments or structures at the request of the competent agency managing the inland waterway.

2. After finishing the exploitation, the owner of the means of fishing and raising aquatic products must clear all the obstacles.

Article 21

•  The dumping of soil, sand, pebble, stone, straw and other wastes into inland waterways is prohibited.

•  It is forbidden to damage, change. Move, hide or neutralize the signaling devices.

•  When dredging a canal, the mud and soil must be dumped into the prescribed place.

CHAPTER IV: THE PERSONS AND MEANS TAKING PART IN NAVIGATION

Article 22

•  The crew on the means must have a professional diploma or certificate corresponding with their titles and the kinds of means prescribed by the Ministry of Communications and Transport and must be registered by the specialized State managing agency in the list of crew members (the crew members assigned with security and defense tasks shall be defined by the Ministry of Defense and the Ministry of the Interior).

•  The driver of a household means of water transport shall have to learn the legislation on inland navigation and be issued with a certificate if he/she operates on an inland waterway.

Article 23

A crew member must not work on the means or be employed to work on the means if he/she is in the following states:

•  Physically unfit to assure fulfillment of the assigned task;

•  The alcohol, liquor and beer content in his/her blood exceeds 50mg per 100 ml of blood, or 25 mg per liter of breathing air or other stimulants are detected in his/her blood.

Article 24

•  The means taking part in navigation (except household means) must meet the Vietnamese standards, the branch technical standards and must have the following papers:

•  A certificate of registration for inland water transport;

•  The list of crew members, if the whole family lives on the means, it must have a register of permanent or temporary residence;

•  A certificate of technical safety;

•  A transport permit on inland waterways (for the means engaged in transport business).

•  The registration number and the name of the means must be painted as prescribed.

Article 25

Foreign ship and boats are allowed to transport goods and passengers on Vietnam's inland waterways only when permitted by the Minister of Communications and Transport.

Article 26

The means is allowed to carry out exploitation in conformity with its purpose, the area of operation and the lane already permitted by the competent managing agency. The means is forbidden to transport more goods than defined by the displacement mark or more passengers than the prescribed number. In the flood season it must reduce the load to the safe level in order to avoid possible accident.

The Ministry of Communications and Transport shall provide concrete stipulations for the reduction of loads during the flood season.

Article 27

Goods must be arranged neither neatly in order to destabilize the means nor to interfere with the view of the driver. It is forbidden to arrange goods beyond the width and length of the means.

Article 28

A passenger means of transport must register the ports of departure and destination and must take and deliver the passengers at the assigned places. A passenger ship or boat must be provided with a list of passengers.

Article 29

A passenger ship must ensure the number of seats as prescribed. Easy and convenient passage must be ensured for the passengers. It is forbidden to seat passengers on the top or on either side of the ship.

Article 30

A passenger ship or boat must have a safety rule. Before departure, the captain or the boat driver must popularize this rule and the way of using the safety devices to the passengers.

Article 31

•  It is forbidden to transport cattle, horses and other large animals in the same place as passengers. When they need to be transported small animals must be kept in cages and must not cause nuisance to the passengers.

•  The passenger transport means must not carry toxic, explosive, inflammable and other dangerous substances which affect the health and life of passengers.

Article 32

A means of transport carrying toxic goods, explosive and other dangerous substances must get permission from the competent State agency and must be marked with a special sign as prescribed. It must strictly observe the prescriptions on the prevention and fight against toxicity, fires and explosions.

Article 33

An organization or individual that wants to build a new means of inland water transport must have a permit from the competent State agency. The Ministry of Communications and Transport shall provide concrete stipulations for the permit to build a new means of inland water transport.

Article 34

The new or transformed means (excluding household means) must have its design dossier approved by the Ship Registration Service which shall also exercise technical supervision during the building of the means.

An organization or individual engaged in the business of designing inland water transport means must have permission from the Ministry of Communications and Transport.

Article 35

The establishments to build or repair water transport means must have the necessary conditions in equipment and technology and must be given operating permits by the competent agency of the Ministry of Communications and Transport.

Article 36

The technical control of the means of inland water transport for the issue of certificates of technical safety can be done only at the establishments designated by the Ministry of Communications and Transport.

T he registration agency for inland water transport means must be equipped with the necessary equipment and tools for inspection; the technical control of the means must be done in conformity with the rules and criteria issued by the State and the Ministry of Communications and Transport.

The head of the registration agency for inland water transport means is answerable before law for the conclusions after the inspection.

CHAPTER V: INLAND WATER PORTS AND LANDING STAGES

Article 37

Inland water ports and landing stages (excluding military ports and landing stages which shall apply separate regulations) must have the necessary dossiers and procedures and must get operating permits from the competent agency; must be recorded in the list of inland water ports and landing stages as prescribed by the Ministry of Communications and Transport.

Article 38

•  All inland water ports and landing stages must have the regulations to ensure navigation order and safety, regulations on prevention and fight against fires and explosives, to ensure order and safety in the area and prevention against environmental pollution.

•  All inland water ports and landing stages must have signal buoys on the delimitation of the water area, and have enough room for safe anchoring and mooring.

•  The landing ramp must have anti-shock cushions and enough rails and landing stairs for passengers.

The landing stages for boats must have ramps for the embarkation and disembarkation of passengers.

The landing ramps and stages must be sufficiently lighted at night.

4. The equipment for loading and unloading goods must meet the criteria for technical safety.

Article 39

•  It is strictly forbidden to open an inland water port or landing stage arbitrarily without conforming to the regulations in Article 37 and 38 of this Decree.

•  It is strictly forbidden for an inland port or landing stage to load goods or take passengers onto the transport means without technical safety guarantee; to overload (past the goods transport line or the registered water line or to take more passengers and goods than prescribed)

Article 40

The crew of the water transport means operating in the water area of the inland port or landing stage must strictly observe the regulations of the specialized State management authorities at the port or landing stage.

Article 41

•  The specialized State management authority at the inland water port or landing stage is the inland water transport authority.

•  The Ministry of Communications and Transport shall provide for the function, tasks and powers of the inland port authorities.

CHAPTER VI : NAVIGATION RULES AND SIGNALS ON INLAND WATERWAYS

Section 1: NAVIGATION RULES

Article 42- General provisions on navigation and crossing for inland water transport means:

•  While traveling, the means must keep completely to one side of the lane.

•  The means going in opposite directions must cross each other on their right.

•  The means moving downstream is given priority, the means going upstream must give way.

•  The means which is given priority passage must flash signals first to ask for passage and create all favorable conditions for the other means to give way safely.

Article 43

Motorized means crossing each other:

The means which sees the other means on its right (or the red lamp of the other means at night) has to give way.

Article 44- Motorized lightering boats crossing in a narrow lane:

•  In case the tug boat moves upstream and the untagged boat moves downstream: both have to slow down, the tug boat has to draw as closely as possible to the lane on its right and, if necessary, has to stop and put all the tugged means to its rear so that the untagged boat moving downstream can have enough passage.

•  In case the tug boat moves downstream and the untagged means moves upstream: both have to slow down, the untagged means has to draw as closely as possible to the lane on its right and, if necessary, has to stop. The tug boat, if necessary, has to put all the tugged means to its rear.

•  In case both means are tug means: both have to slow down and, if necessary, the means going upstream has to stop and put all the tugged means to its rear, and if this is still not enough, the means moving downstream shall have to do the same as the means moving upstream.

•  In case of standing water: the untagged means shall have to give way to the tug means. If necessary, the tug means has to put all the tugged means to its rear.

Article 45- Motorized means crossing on a wide lane:

On a wide lane, the motorized means do not necessarily have to cross each other according to the common rule, the means moving downstream shall have the priority choice of the passage most convenient to its operation but must flash operation signals (stipulated at Article 61 of this Decree).

Article 46- When a small motorized means meets a large motorized means:

The small motorized means must give way to the large motorized means and the tugged convoy.

Article 47- Motorized means crossing at a cross-lane or at a rive bend:

•  The means which arrives first shall be given priority, the one which comes later shall have to give way.

•  If both means arrive at the cross-lane or a river bend at the same time, they shall cross according to the common rules stipulated at Article 42 of this Decree.

•  If both means move downstream or upstream or in standing water the priority right and the principle of giving way shall apply as in the crossing of two motorized means.

* Method of crossing:

Arrived near a cross-lane or a river bend, if visibility is about 500 meters with plain eyes, the means shall blow a long siren as signal.

The siren must be repeated many times and the means must keep close to the lane on its right. If the lane is narrow, the means moving upstream shall have to stop about 300 meters from the cross-lane or the river bend, and shall proceed only after the downstream means has passed.

If visibility is less than 500m, the means has to slow down and send out the above signal. On hearing the siren, the upstream means has to stop and send out the prescribed siren signal. On hearing the signal of the upstream means, the downstream means shall immediately send out the operation signal as prescribed so that the upstream means can be alerted and give way.

Article 48- a rudimentary means meeting a motorized means:

The rudimentary means must give way and must not cut across in front of the motorized means. But in case of a raft, the motorized means must give way.

Article 49- In standing water:

The right of passage belongs to the means which sends out the signal first, the other means must comply.

Article 50- Crossing by means hauled by ropes on shore:

•  When a boat hauled by rope meets a boat without hauling rope, the boat with rope shall draw to the side having the hauling rope.

•  If both boats are hauled from the same bank, one is heavily loaded and the other lightly loaded or unloaded: the lightly loaded or unloaded boat shall have to avoid the heavily loaded boat by keeping to the side of its hauling rope.

•  If both boats are hauled from the same bank and are both heavily loaded, lightly loaded or unloaded: the boat going upstream shall have to give way to the downstream boat by keeping to the side of its hanling rope. In standing water, they shall cross each other by keeping to the right.

Article 51- Crossing of sail boats:

•  If one has put up sail and the other not, the boat without sail shall have to give way to the sail boat.

•  Both boats have put up sail:

•  The boat sailing with the winds has to avoid the boat sailing against the wind.

•  The boat with wind to port shall avoid the boat with wind to the starboard (the wind-carrying side is the opposite side of the main sail).

•  The boat with greater wind exposure shall have to avoid the boat with lesser wind exposure.

Article 52- A means overtaking another:

1. General principle: when a means catches up with another means, it always has the right to overtake, except in the following cases:

•  There is and oncoming means or an obstacle ahead;

•  The place is a cross-lane or a river bend or a narrow section of the river;

•  When passing beneath a bridge, a culvert, or through a water lock or a navigation control area;

•  When it is deemed that overtaking is not safe.

2. A motorized means asking to overtaking another

a) When the means asking to overtake is about 500 meters from the means to be overtaken, it shall have to send out a long siren and repeat the siren many times.

On hearing this siren, if there is no obstacle ahead, the overtaken means shall draw to the right so that the demanding means can overtake it by the port side. If for some reason it sees that overtaking is impossible, it shall send out five short sirens (no-passage signal) intended for the demanding means. On a wide lane, if for some reason the overtaken means cannot draw to the right, it has to send out two short sirens and put to left so that the demanding means can overtake it on the right. The demanding means shall send out a short siren and proceed to the right to overtake.

b) During the overtaking, the overtaken means must slow down and wait until the demanding means has passed it by about 200 meters before returning to the direction and speed before returning to the direction and speed before the overtaking; the demanding means must keep the distance between the two means at least equal to the length of the larger means. On a narrow lane, this distance must be at least 5 meters.

When necessary, the overtaken means has to stop and drew to one side of the lane for the demanding means to overtake. Until it is about 200 meters ahead, the demanding means must not draw to the passage lane of the means which has just been overtaken.

c) If before or during the overtaking the demanding means deems it impossible to overtake, it must immediately slow down to keep the distance as prescribed in Article 53.

3. A rudimentary means overtaking another:

•  Two boats without hauling ropes overtaking each other: the front boat shall put to the right and the rear boar shall overtake from its left side.

•  A boat without hauling rope overtaking one with hauling rope: the boat with hauling rope shall draw to the side of the hauling rope.

•  A boat with hauling rope overtaking a boat without hauling rope: the front boat shall draw to the bank without hauling rope.

•  Boats with hauling ropes overtaking each other: the front boat shall draw to the bank where it has its hauling rope.

Article 53- Lengthwise distance between means sailing in the same direction:

Motorized means and sail boats sailing in the same direction must be at least 100 m distant from each other if they are sailing upstream or 300 m if they are sailing downstream.

Rafts moving in the same direction must be at least 500m distant from each other.

Article 54- Reducing speed:

A moving means must reduce its speed where there are slow-down signs and in the following cases:

•  Crossing on a narrow lane;

•  Approaching a cross-lane or a river bend or passing a narrow lane;

•  Moving near equipment engaged in hydrological work or where a construction is under way or a means is in distress;

•  Moving near the equipments flying the banner marked with the letter "B" in daytime and marked with a red light that can be seen from all sides (360 o ) at night.

•  Moving within an area of landing stages or places where many boats are moored;

•  The route is made unclearly by fog or rain or for other reasons;

•  Moving close to a dyke during the spate season.

Article 55- Traveling in conditions of limited visibility:

In case of mist, fog or heavy rain or smoke which limits visibility to under 300m, all the means must slow down and send out signals as prescribed. Guards must be posted at the necessary places.

If the route cannot be seen clearly, the means has to stop, send its men to stand guard and also has to send out signals.

Article 56- When passing beneath a bridge (which is not open to traffic all the time), through a culvert, a water-lock or a navigation control area, the driver of the means must strictly comply with the guidance of the personnel in charge of the bridge, culver, water-lock and navigation control area. It is forbidden for the means to move in parallel or to overtake one another.

If the need arises to anchor at a given boat pool, the means must abide by the control of the men in charge. When order is given to move, the means which come first shall go first, and the ones which come later shall leave later (except those means tasked to do rescue work or other emergency tasks on orders from a competent agency).

Article 57- Means moored in a landing stage:

A means entering a landing stage must anchor at the prescribed place, tether the means carefully and put down a gangway to the bank for passengers to embark and disembark or for loading and unloading goods. The gangway must be solid and provided with rail or a stretched rope in lieu of the rail. When necessary there must be a protection wire mesh for the crews of the means moored farther from the shore and the persons on duty to cross the means.

Apart from the above stipulations, the means moored in the landing stage must also observe the regulations of the landing stage.

Article 58- Means moored outside the landing stage:

•  Only in special case and with the permission of the competent agency can a motorized means moor outside the area of the landing stage for passengers to embark or disembark or for loading and unloading goods, but it must not obstruct the movement of other means. The boats carrying passengers or goods to and from these means can approach them only when they have moored. When the delivery and reception of passengers and loading and unloading of goods have been completed, before leaving the landing stage, these motorized means must send out sound signals and wait until all the small means have left for a safe distance before lifting the anchor and resume the travel.

•  If for any reason the means needs to moor, it must cast anchor or secure itself firmly with rope and must post a guard.

Article 59- Prohibitions:

•  The means are prohibited from mooring or anchoring at a cross-lane, a river band, beneath a bridge or near constructions and places with no mooring or no anchoring signs.

•  A means is forbidden to cling to or tie itself to another means, or to let another means cling to or be tied to it while traveling (except when it is executing a tug contract or engaged in a rescue operation).

•  It is forbidden to use a lightering boat to receive and deliver passengers;

•  It is forbidden for a means to tie its rope to a bridge railing, a culvert or water-lock gate, buoy and signal post;

•  It is forbidden for the means to groundlessly direct its headlights on other moving means.

•  It is forbidden for the means to misuse their priority right to obstruct the operation and safety of the means which must give way to it.