Legislation



Legislation

Act No. 114/1995 Col. on the domestic navigation is the principal legislative framework for shipping. The executive regulation by the Ministry of Traffic No. 222/1995 Col. on waterways, sailing operation in ports, common collision and transport of dangerous things divides, among others, the waterways in the Czech Republic. Based on the above legislative framework, the Morava watercourse from the Bečva watercourse’s mouth to the confluence with the Dyje watercourse, including the Bata Canal (Otrokovice-Rohatec canal) is the important used waterway.

The watercrafts have to comply with the requirements of the executive regulation by the Ministry of Traffic No. 223/1995 Col. on navigability of watercrafts on domestic waterways; the watercraft drivers have to comply with the requirements of the regulation No. 224/1995 Col. on capability of persons to drive and operate the watercrafts.
In accordance with Act No. 254/2001 Col. on waters, no licence is needful in the Czech Republic to use the waters for navigation. However, recreation interests, quality of water and ecological systems, personal safety and waterworks safety must not be endangered. According to the above Act, the motorboat navigation is forbidden within the water-source protective zones of the first class, and on the water reservoirs intended for fish breeding. 
For navigation of watercrafts with gas engines, there are in force the stronger rules given by the regulation No. 241/2002 Col. on specification of water reservoirs and watercourses on which the navigation of watercrafts with gas engines is forbidden, and on the range and conditions to use the surface waters for navigation.

Main principles of the regulation No. 241/2002 Col. on the Bata Canal

  1. On river sections, the navigation is possible only in displacement modus (navigation only with the draught corresponding to the watercraft displacement when the influence of hydrodynamic lift is irrelevant), in the extreme, however, 25 km/h. On canal sections, the navigation speed is restricted with 8 km/h.
  2. Water skiing or similar activities in tow are permitted only within the marked sections of waterways.
  3. Operation of water scooters or other vessels intended for slide navigation is allowed only within the marked sections of waterways. There is no such section on the Bata Canal!
  4. Small vessels liable to registration can stand outside the specified mooring or anchoring places only when being watched, however only for 24 hours en bloc for the longest.
  5. Unleaded petrol, oil or gas may be used as fuel. For two-stroke gas engine lubrication, just environmental-friendly oil (biodegradable) may be used.
  6. The Code of Navigation Safety published by the Ministry of Traffic as the regulation No., 344/1191 Col. specifies the rules for safe navigation

WATERCRAFT DRIVER’S DOCUMENTS

The Bata-Canal is a waterway of 0 class on which the following rules for watercraft driving are in force:

A. Watercraft driving with licence

A watercraft that can be driven solely by a watercraft driver with license:
  1. a small vessel without its own power drive with weight above 1000 kg including its own load
  2. a small vessel with its own power drive with the output above 4 kW, if not specified otherwise
  3. a sailing boat with the total sail surface above 12 m2

B. Watercraft driving without licence

  1. A person without licence who is familiar with the technique to guide a small vessel without its own power drive with the weight up to 1000 kg including its own load or a sailing boat with the total sail surface up to 12 m2, and with the rules of navigation in the range needful to guide the vessels, is allowed to guide such a vessel on all waterways in the Czech Republic. 
  2. A person without licence who is familiar with the technique to guide a small vessel and with the rules of navigation in the range needful to guide the vessels, is allowed to guide a small vessel during a permitted sports event or training under professional supervision within a reserved waterway section.
  3. A person without licence and more than 15 years old, who is familiar with the technique to guide a small vessel without its own power drive with output up to 4 kW, and with the rules of navigation in the range needful to guide the vessels, is allowed to guide such a vessel on all waterways in the Czech Republic in accordance with special legal enactments that regulate the range and conditions for using the surface waters for navigation. 
  4. A person without licence and more than 18 years old is allowed to drive: 
    • a) a small vessel with its own power drive with the output up to 20 kW, capable just of displacement navigation and with the maximum speed of 20 km/h on waterways of 0 class important and used for traffic, and on special waterways, if he/she is familiar  with the technique to guide such a small vessel and with the rules of navigation in the range needful to guide the vessels, 
    •   
    • b.) a small vessel capable just of displacement navigation and maximum speed 12 km/h., certificated by the navigation management to be operated at a small vessel hire-office and operated on the sections of a waterway of 0 class important and used for traffic, and on the special waterways recorded in the vessel certificate, if the touched person is familiar with the technique to guide such a small vessel and with the rules of navigation in the range needful to guide the vessels.

WATERCRAFT DOCUMENTS

  1. The watercrafts liable to registration have to bear identification signs and dispose of documents during their cruise.
  2. If a small vessel is registered pursuant to special rules, it has to bear registration marking on its body. The State Navigation Management with respect to the needs of the watercraft central registration gives the registration marking.  The registration marking or the identification signs mentioned in paragraph 1, letter a) have to be marked on the outside of the watercraft, near the head, in at least 10 cm high legible indelible Roman numerals. The name of the operator or his usual abbreviation must be followed by the serial number.
  3. A small vessel not liable to the registration has to bear the following marking: 
    • a) name of the operator or his usual abbreviation or
    •   
    • b) name and address of the watercraft owner (operator). The name and the address of the watercraft owner (operator) must be marked on a visible spot, on the outside or inside in the front part of the watercraft. 
  4. The operator or a person in charge with watercraft driving is obliged to submit the documents upon request of the navigation authority, the Police of the Czech Republic or the customs office to these offices.

PRESCRIBED ACCESSORIES OF A SMALL WATERCRAFT

A watercraft with own power drive have to have machinery accessories and tools for small repairs. WARNING! It is not allowed to use any lamps, searchlights, boards, flags and anything what can be held for signals by error.

The right to bear the Czech state flag

The Czech watercrafts are entitled to bear the Czech state flag during their voyage on the waterway. The watercrafts registered at the sailing register and the selected small vessels and floating equipment not liable to registration pursuant to § 9, para 4, which are possessed by persons with permanent address or seat in the Czech Republic are considered for Czech watercrafts.
The watercrafts are to bear the Czech state flag aft. No other flag or sign may be hoisted in the place intended for the Czech state flag. When using the flags on a watercraft, it is to be mindful of not having flags whose dimensions are bigger than those of the Czech state flag that has to be hoisted along with the other flags.

Recommended acts before a navigation

Before departure and in the course of navigation, the watercraft and set drivers are obliged to familiarize themselves with the sailing rules of the State Navigation Management, the water levels, the heights of surged water levels and other data on sailing conditions on the waterway sections they intend to go through; the driving and the watercraft draught have to meet the found data. These rules can be found on the website of the State Navigation Management in Prague, Děčín and Přerov, or in the Navigation Sheets.

Watercraftup to 500 kg permitted loadOther small vesselsWatercraft longer than 7 mCabin watercraft
White-red-white flag- - 1 -
Bucket for water pouring-1 1 1 1
outMooring rope (chain)1, at least 5 m 1, at least 15 m 2 1 - 2
Paddlelong long 1 1
Barge-pole- 1 1 1
Life ring- 1 1 1
Bucket with rope- 1 1 1
Pump fir water inside watercraft- 1 - 1
body- -


OTHER IMPORTANT DUTIES

The waterway users are obliged to conform to the waterway code.
Nobody is allowed to damage the navigation signs and other navigation equipment placed on the waterway. The navigation signs may be relocated only upon an approval of the navigation authority. Each waterway user is obliged to behave with corresponding caution and to respect the instructions in places marked with corresponding navigation signs.
Those who caused an obstacle on the waterway endangering or limiting the safety and smoothness of the navigation, are obliged to take such measures to secure the safety and smoothness of the navigation and to remove such an obstacle immediately. If it is not possible to remove the obstacle immediately those who caused it are obliged to inform the navigation authority without delay; the navigation authority is to decide about the way of ensuring the operation on the waterway and about the procedure to remove the obstacle. If there is the danger of delay, the waterway manager is authorized to take the measures at the expenses of those obliged.
The watercraft driver is obliged to take all the necessary measures to ward off every danger for human beings or property. To ward off the immediate danger, he/she is entitled to take all measures required by the circumstances, even such ones with which he will depart from the Waterway Code.
To ensure the navigation safety, the watercraft driver is entitled to instruct the persons on the watercraft. Those persons are obliged to carry out the orders given by the watercraft driver within his competence, and to assist in ensuring the ordinary and safe operation of the watercraft.
If a small vessel passes a swimming person, the small vessel driver is obliged to sail round the swimmer in a safe distance, so that the swimming person is between the small vessel and the nearest bank, if possible. The safe distance for a small vessel with own drive is 10 m, for a small vessel without own drive it is 3 m.
Small vessels may not cross the navigation directions of the vessels, which are not small, at a distance less than 200 m. They have to keep the safe side distance from other watercrafts. The safe distance depends on the type of watercrafts, the nature of the waterway section and the weather.
Windsurf is a small vessel. Windsurfs are not allowed to operate at night and under reduced visibility. It is forbidden to tow a windsurf.

BAN ON SWIMMING OR LIMITATION OF SWIMMING

  1. Because of safety and smoothness of navigation, it is forbidden to swim:
    • a) within the distance of up to 100 metres on both sides of bridges, landing stages for public navigation, places of reloading and entries to the ports navigable tributaries and places marked for  watercraft standing, if the State Navigation Management has not determined otherwise;
    •   
    • b) within lock chambers and their ranges;
    •   
    • c) within ferry routes;
    •   
    • d) in marked closed water areas.
    • The swimming persons are obliged to behave not to endanger the navigation safety and smoothness, especially:
      • a) they are not allowed to swim into the course of an approaching watercraft;
      •   
      • b) they have to maintain the distance of at least 50 m from the side of a watercraft, which is not a small vessel;
      • c) they have to keep the distance of at least 10 m from the side of a small vessel with own drive;
      • d) they have to keep the distance of at least 3 m from the side of other watercrafts.
    • The provisions of this article relate also to inflatable beds or other floating objects.

LIMITATION – BAN ON NAVIGATION ON RIVER SECTIONS FOR PASSENGER SHIPS AND HIRED BOATS;
STOPPED OPERATION IN LOCK CHAMBERS

The section between the Bělov weir and the Uherský Ostroh weir with the flow rate 100 m3/s and more, or with the water level of 140 cm and more at the water-level indicator Kroměříž until the Bělov weir is barriered.
The section between the Uherský Ostroh weir and the Hodonín weir with the flow rate 120 m3/s and more, or with the water level of 315 cm and more at the water-level indicator in Strážnice.  The navigation on the Bata Canal sections is not limited for higher water levels. The actual flow rates are given on the websites of the waterway manager, the company Povodí Moravy (The Morava River Basin) –www.pmo.cz, link “stavy a průtoky (levels and flow rates)”

OPERATION ON THE WATERWAY

The operation on the waterway is limited by the operational order of lock chambers. However, the navigation season begins on 1 May and ends on 28 October every year officially. In winter, there is no navigation on the Bata Canal because the reconstructions often run, in addition to waterway freezing over.

FEES ON THE WATERWAY

There are no fees for using the waterway. Even private watercrafts can entry the waterway for free. No fees are paid for sailing through the lock chambers. Only some hire offices require fees for using the slipways, if the slipway is located within their area. Anchoring of private boats is also taxed in some landing places.