In order to strengthen yacht management, actively guide the public's concern and love for navigation, support the healthy development of yacht industry, enrich citizens' amateur water activities, ensure water traffic safety, and prevent yachts from polluting the water environment, according to the provisions of laws and regulations such as the Maritime Traffic Safety Law, the Marine Environmental Protection Law, the Water Pollution Prevention Law, and the Inland River Traffic Safety Management Regulations, relevant matters concerning yacht management are hereby notified as follows, please follow them.
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Macao
First, according to the characteristics and laws of yacht industry, manage yachts according to law.
(1) The navigation and berthing of yachts belong to water traffic activities and shall be managed in accordance with the laws, regulations and rules of the state on water traffic safety and the prevention and control of ship pollution. At the same time, yacht activity is a kind of high-grade consumption behavior, which is different from the production and operation of ships and has its own characteristics and laws. We should not completely copy the management concepts and methods of ship production and operation, but combine the characteristics and laws of yacht management to promote the healthy and orderly development of yacht industry.
(2) Yacht management should follow the principles of safety first, convenience and order, healthy development and effective supervision, and implement a management system combining the owner's independent management, industry self-discipline and supervision of the transportation department (maritime administrative agency) according to law to create a safe, clean, orderly and smooth water traffic environment.
Second, the scope of application of yacht management
(1) Yachts refer to ships that meet the yacht inspection standards approved or recognized by the Ministry of Communications, are owned by citizens, legal persons or other organizations, and engage in non-business sightseeing, leisure and entertainment activities, including yachts that engage in self-entertainment activities in the form of whole ship leasing.
(2) Tourist ships engaged in commercial transportation shall apply the relevant provisions of passenger ships, and go through the inspection, registration and operation procedures with the designated ship inspection agencies, maritime administrative agencies and transportation departments. Where a yacht changes to engage in business activities, it shall apply to the maritime administrative agency for cancellation of yacht registration, re-apply for ship inspection registration, and apply to the transportation department for ship operation license according to regulations.
Third, yacht inspection.
(1) Yachts shall conform to the yacht inspection technical regulations or norms approved or recognized by the Ministry of Communications, pass the inspection by the ship inspection agencies recognized by People's Republic of China (PRC) and China Maritime Safety Administration, and obtain corresponding ship inspection certificates. Yachts produced in batches of the same model shall be issued with corresponding ship inspection certificates after being approved by the ship inspection agency.
(2) Non-operating yachts purchased overseas shall hold yacht inspection certificates recognized by relevant overseas authorities or yacht certificates issued by recognized institutions, and apply for preliminary inspection to the ship inspection agencies recognized by People's Republic of China (PRC) and China Maritime Safety Administration.
(3) Yachts in use shall, in accordance with regulations, apply to the ship inspection agency for regular inspection every two years, and can only be used after passing the inspection. However, according to the provisions of the contract between the two parties, the yacht owner entrusts the yacht club to undertake daily maintenance and management, and can apply for regular inspection every five years. Yacht clubs must abide by the relevant provisions of this notice.
Four. Yacht registration
(1) The yacht owner shall apply to the maritime administrative agency for ship registration in accordance with the Regulations of the People's Republic of China on Ship Registration, and obtain the People's Republic of China (PRC) Certificate of Ship Ownership and the People's Republic of China (PRC) Certificate of Ship Nationality. Yachts that have not obtained the nationality certificate of ships from People's Republic of China (PRC) or other countries and regions shall not sail or berth in the coastal areas, inland rivers and other waters under the jurisdiction of People's Republic of China (PRC).
(2) Yachts registered in Hong Kong, Macao and Taiwan may apply to the maritime administrative agency for a temporary ship nationality certificate without canceling their registered ships.
Five, yacht pilot training, examination and certification
(1) A yacht driver shall undergo special training and examination, and obtain a yacht driver's competency certificate issued by the maritime administrative agency.
(2) Full-time crew members working on yachts shall comply with the provisions of the Ministry of Communications on crew training, examination and certification, and obtain a crew service book and corresponding crew competency certificates.
(3) An institution engaged in yacht driver training, which has been filed and announced by the Maritime Safety Administration of the People's Republic of China, shall meet the following conditions:
1. It has corresponding training venues, training waters, yachts and other facilities and equipment for training;
2. There are enough qualified trainers;
3. There are corresponding laws and regulations, teaching materials and technical materials;
4. There are complete internal management rules and regulations, safety measures and emergency plans, and a training quality control system is established.
(four) yacht driver training institutions to carry out yacht driver training, it should be the specific training time and the list of students reported to the maritime administrative agency for the record, and unified for the students to apply for examination and certification. Yacht pilot training institutions shall implement the student status management and attendance system, ensure the training content and training time of each student, ensure the training quality and safety, and accept the supervision and inspection of the maritime administrative agency.
(five) the examination of yacht drivers (including theoretical examination and practical examination) shall be implemented by the maritime administrative agency during the training period.
(6) If the personnel who have passed the examination meet the requirements of the prescribed age and the Standards for Physical Examination of Seafarers issued by the Ministry of Communications in terms of vision, color vision, hearing, oral expression and physical health, the relevant maritime administrative agencies shall issue yacht driving certificates issued or recognized by People's Republic of China (PRC) and China Maritime Safety Administration. Persons who fail to hold the corresponding crew competency certificate and yacht driving certificate according to the regulations shall not drive a yacht.
Please refer to maritime law.
The establishment of Macao yacht civil liability insurance makes it necessary to standardize the relevant legal system through legal channels to protect the legitimate interests of yacht accident victims.
Based on this;
In view of the recommendations made by the Macao Currency Exchange Supervision Bureau after listening to the opinions of the Macao Insurance Association;
After listening to the opinions of the consultation meeting;
According to Article 13 1 of the Articles of Association of Macao, the Governor ordered the following provisions with legal effect in Macao:
Chapter I Compulsory Insurance
first
(scope)
1. A vessel listed as a yacht (abbreviated as ER in Portuguese) can only sail after it has purchased civil liability insurance from a licensed insurance company for the damage caused by the use of the vessel to a third party.
2. Yachts mentioned in this Law refer to ships used for sea sports, fishing or entertainment, including jet skis.
second
(Those who have the obligation to insure)
First, the yacht owner has the insurance obligation, but in the case of selling the usufructuary right and lien ownership, the insurance obligation is borne by the usufructuary right owner and lien owner.
Two, if others have insured the yacht, the obligations referred to in the preceding paragraph shall be deemed to have been fulfilled within the validity period of the insurance.
III. For the purposes of this Law, the following names are defined as follows:
A) yacht owner? The person in whose name the yacht is registered;
b)AMCM？ Portuguese abbreviation for Macao Currency Exchange Supervision Bureau.
essay
(person whose responsibility is guaranteed)
1. Insurance provides civil liability protection for yacht owners, captains, holders of usufructuary rights or reserved ownership, and appropriate yacht owners or drivers.
Second, insurance also includes the obligation to compensate the third party for the losses caused by intentional water traffic accidents and traffic accidents that can be attributed to criminals when robbing, stealing or stealing yachts.
Three, referred to in the preceding paragraph, the insurance does not guarantee any damage to the yacht owner, captain, usufructuary right holder or the person who retains ownership, nor does it guarantee any damage to the violator, accessory or cover-up, or passengers who knowingly take the yacht voluntarily.
Article 4
(except responsibility)
1. The insurance coverage does not cover any damage to:
A) All persons whose responsibilities are guaranteed according to the first paragraph of the preceding article, especially those who own yachts;
(b) The spouse, lineal relative, lineal relative or adopter of the person referred to in the preceding paragraph, and other lineal relatives within the third generation or in-laws who live together or have a support relationship with them within the third generation;
C) The legal person or legal representative of the company who has a traffic accident while performing his duties and is responsible for the accident, as well as employees, temporary workers and trustees who serve the insured;
(d) Persons who are entitled to claim compensation in accordance with the provisions of the Civil Code because of their contacts with the above-mentioned persons.
Two, the insurance coverage does not include any of the following damages:
A) damage to the yacht itself;
B) Damage to the cargo carried by the yacht during transportation, loading and unloading;
C) Damage caused to a third party due to loading and unloading;
D) Damage caused by carrying passengers in violation of relevant transportation regulations;
E) Damage caused by explosion, thermal energy emission or radiation directly or indirectly caused by atomic disintegration or fusion, artificial particle acceleration or radiation;
F) Damage caused in sports competitions and related tests, except those with specific protection according to regulations.
Article 5
(Sports competition insurance)
A yacht race and related trials must be insured according to personal circumstances. The purpose of this insurance is to protect the organizer, yacht owner or captain, yacht owner or driver and others from civil liability for accidents caused by yachts.
Second, the insurance mentioned in the preceding paragraph does not include the damage caused to the yachts used by the contestants and related auxiliary groups, contestants and auxiliary groups, and the damage caused to the organizers and their service personnel or any helpers, provided that the provisions of the preceding article are not affected.
Article 6
(Minimum insured amount)
1. The minimum amount of yacht civil liability insurance is MOP 65,438+0.000.000.00.
Second, if the court decides that damages should be paid in the form of regular payment, the insurer's compensation obligation should not exceed the minimum amount in actual value, and the payment of regular payment should be based on the technical basis of life insurance in the form of life-long regular payment by on-site payment in the notice of Macao Currency Exchange Supervision Bureau.
Chapter II Insurance Contracts
Article 7
(Signing of Compulsory Insurance Contract)
1. An insurer authorized to engage in "civil liability insurance for ships" can only conclude an insurance contract according to the terms and conditions of the unified insurance policy specified in the manual.
Second, by applying the corresponding special clauses in the insurance contract, the holder of the insurance policy can partially compensate the material damage of the third party, and the insurer shall not use this protection restriction on the victim or his successor under any circumstances.
Thirdly, if the insured yacht does not belong to the category specified in the "Civil Liability of Ships" insurance fees and conditions table because of its particularity, or when an extraordinary disaster occurs as specified in the table, the Macao Currency Exchange Supervision Bureau has the right to set the conditions for accepting or renewing the insurance contract according to each situation.
Article 8
(Acceptance of Special Terms and Conditions of Contract)
1. When at least three insurance companies refuse to sign a contract with the proposer, the proposer can set special conditions for accepting the contract through the Macao Monetary Exchange Supervision Office.
2. Under the circumstances mentioned in the preceding paragraph, the insurer selected by the proposer or designated by the Macao Monetary Exchange Supervision Bureau must accept the relevant insurance according to the conditions set by the Macao Monetary Exchange Supervision Bureau, otherwise it will suspend the operation of the "ship civil liability" insurance for six months to three years.
3. The operating balance of the contract mentioned in the preceding paragraph will be distributed to the insurers engaged in "ship civil liability" insurance in accordance with the regulations announced by Macao Monetary and Foreign Exchange Supervision Bureau, so as to determine the method and distribution standard of the balance.
Four, according to the conditions stipulated in this article, the contract shall not involve insurance intermediaries, and have no right to give any kind of commission.
Article 9
(Payment of insurance premium)
1. After receiving the relevant insurance documents issued by the insurer, the insurance premium shall be paid.
Two, the insured can only be issued a civil liability insurance card after paying the insurance premium.
3. When the insurance premium is not paid, the insurer shall notify the applicant by registered mail, and the insurance will be invalid after 30 days from the date of notification.
Four, in the period referred to in the preceding paragraph, the insurer shall not issue a civil liability insurance card.
Five, if the insurance premium is not paid after the period referred to in the third paragraph, the insurer shall immediately terminate the contract, but without prejudice to the right to collect the insurance premium corresponding to the period according to the current price system.
Six, if the insured is in arrears with the original insurer's insurance premium, the insurer may refuse to insure the yacht in the name of the insured.
Article 10
(yacht transfer)
1. The validity of the insurance contract shall be terminated at 24: 00 on the transfer date of the yacht, unless the insurance has been transferred to another yacht before this time.
2. The holder of the insurance policy shall notify the insurer of the transfer of the yacht as soon as possible within 24 hours.
3. Failure to perform the obligations specified in the preceding paragraph leads to the invalidity of the contract.
Four, yacht transfer notice should be accompanied by a civil liability insurance card.
Five, if you do not comply with the provisions of the preceding paragraph, the insurer shall inform the supervisory entity of the facts, so as to seize the relevant civil liability insurance card.
Article 11
(Death of the insured)
The insurance contract shall not be terminated due to the death of the insured, and the relevant rights and obligations shall be transferred to his successor.
Article 12
(Non-adversarial defense)
1. Within the minimum insured amount, the insurer shall not use the defense, invalidity, rescission or limitation of liability clauses that are not stipulated in this Law or are not effectively stipulated in the insurance policy.
Two, 30 days after the insurer sends a notice of termination of the contract by registered mail.
Article 13
(multiple insurance)
According to the provisions of Article 2, if a yacht has multiple insurances, the insurance referred to in Paragraph 2 of this Article shall have all legal effects.
Article 14
(Priority compensation)
1. Where the insurance contract referred to in these Regulations is involved, priority shall be given to compensation for personal injury.
Second, if several victims have the right to compensation for damages, and the total amount of compensation exceeds the insured amount, each victim's right to the insurer will be reduced to the total amount of the insured amount in proportion, but it does not prevent other responsible persons from being responsible for compensation for the part exceeding the insured amount.
Third, if the insurer is in good faith and is not aware of other claims for compensation, the insurer is not obliged to compensate other victims for the balance exceeding the insured amount by paying the victim more than the amount mentioned in the preceding paragraph.
Article 15
(Insurance company's claim)
Under the following circumstances, after compensation, the insurer has the right to claim compensation only for those who need to bear civil liability:
A) The accident was intentionally caused;
B) The principal and accessory who rob, steal or embezzle yachts cause accidents when using yachts;
C) Anchoring or berthing under insufficient or inappropriate mooring or safety conditions;
D) The insured yacht is driven by a person without relevant legal license, or is in a state of insanity and drunkenness, or is under the influence of narcotics, other drugs or toxic products;
E) Sailing in violation of the instructions or prohibitions of the competent authority, or sailing or staying in areas listed by the competent authority as unsuitable or not allowed to stay;
F) Engine power is not suitable for yachts;
G) The yacht is used for purposes not specified in the insurance contract, except for the purpose of rescuing or supporting ships or people in danger;
H) Intentional acts or omissions of the insurance policy holder, the insured, the trustee or the trustee or the person who actually directs the yacht.
Chapter III Insurance Certification Documents
Article 16
(Insurance certificate)
1. A civil liability insurance card in the form of an annex, as an integral part of this Law, constitutes an insurance certificate.
Two, for effectiveness of the criminal law, the civil liability insurance card is regarded as an official document.
Article 17
(Information contained in the insurance card)
The civil liability insurance card shall contain the following information:
A) the business name and logo (badge) of the insurance company
B) Relevant figures;
C) Name of the insured;
D) the number of the insurance policy;
E) the expiration date of the insurance;
F) The trademark and registration number of the yacht;
G) each accident and annual compensation limit;
H) Indicate that according to the current laws, the validity of the insurance contract will be terminated at 24: 00 on the day of yacht transfer.
Article 18
(obligation to save)
The insurer shall keep the monthly statement of the civil liability insurance card or the copy of the insurance card issued within the last 12 months in the form of file or disk record.
Article 19
(supervision mode)
First, when required by the competent authorities, drivers or people with insurance obligations should show their civil liability insurance cards.
Two, the competent authorities in the supervision, may require legal driving and production.
Documents required for navigation and documents certifying the conclusion of the insurance contract.
Article 20
(If there is no insurance)
Yacht accidents, such as:
A) I don't know the person in charge or I don't have effective or effective insurance protection;
B) The insurer is declared bankrupt;
Then, according to the provisions of applicable laws, the automobile insurance fund, now renamed as the automobile and navigation insurance fund (abbreviated as FGAM in Portuguese), will compensate for the death or physical injury caused by such accidents; The provisions regulating automobile insurance funds remain unchanged, but they are extended to the insurance stipulated in this Law.
2. The compensation limit of the automobile and navigation security fund for each yacht accident shall be determined in accordance with the amount stipulated in the first paragraph of Article 6.
Chapter IV Punishment
Article 21
(Navigation of uninsured yachts and seizure of yachts)
1. Any yacht without compulsory insurance or allowing the yacht pilot to sail will be fined MOP 5000.00 to 10000.00.
Secondly, under the circumstances referred to in Article 19, if the supervised unit fails to produce the civil liability insurance card within eight days after being asked to do so, in addition to a fine of MOP 250.00 to MOP 1 000.00, the yacht concerned will also be detained until the insurance certificate is produced.
Three, in the event of an accident, failure to produce the documents referred to in the preceding paragraph will lead to the yacht being detained; After paying the damages payable, or paying the minimum guarantee amount equivalent to the insured amount, or proving that the above documents are valid on the day of the accident, the party detaining the yacht shall terminate.
Article 22
(Improper use of civil liability insurance card)
Improper use of the civil liability insurance card will result in a fine ranging from MOP500.00 to MOP65,438+0,500.00.
Article 23
(punishment organ)
The Macao Port Authority has the right to handle the fines stipulated in this chapter.
Article 24
(Pay a fine)
A fine shall be paid within ten days from the date of receipt of the penalty ruling.
Two, if you do not voluntarily pay the fine within the time limit specified in the preceding paragraph, according to the provisions of the tax enforcement procedures, through the authorized unit, the proof of the fine award will be used as the enforcement certificate of compulsory collection.
Three, the fine department, can appeal to the administrative court.
Article 25
(Reservation of Civil Liability and Criminal Liability)
Article 21
The provisions of Article 25 shall not affect the civil liability and/or criminal liability of violators.
Article 26
(Punishment for insurance companies)
If an insurer violates this Law and the relevant supplementary provisions, it shall be punished in accordance with the applicable provisions for illegal acts related to engaging in the insurance industry.
Chapter V Final Clauses
Article 27
(table of insurance premium and conditions)
The list of insurance fees and conditions of "ship civil liability" insurance shall be formulated by instructions.
19991approved on February 7th.
Order announcement
Governor Wei Qili
Sample attachment of yacht civil liability insurance card (omitted)
(Decree-Law 16, paragraph 1. 1February 13 104/99/M)