Technical committee for inland water transport law (FA BinR)

Members

To list of committee members

Aims and tasks

• Further development of law in the field of inland navigation
• Standardization of the international inland water transportation law in all fields of application in Europe
• Influence on the national law politics to increase the consideration of specific characteristics in inland water transport in context of the legislation
• Information exchange about the adjudication regarding inland water transport charges in European states
• Bundling of professional expertise and regional aspects in the inland water transport adjudication
• Harmonization of legal processes and level of jurisdiction at court decisions in inland water transport charges
• Development of standardized principles and measures of the European insurance business in precise insurance risks in the inland water transport

For this purpose the committee examines, e.g.

• Legal liability system and questions of liability
• Freight contract law
• Inland water transport law in coaction with maritime law and land-based law
• Competencies of courts
• Legal basis and protecting the freedom rights of the river regimes

Structure and work methods

The members of the committee represent different fields, e.g.:

• Inland water transport industries
• Advocacy
• Shipping agents
• Research and Science
• Administration
• Insurance

Previous committee chairmen:
1977 to 1995: Dr. Karl Heinz Bauer
1995 to 1997: Dr. Jürgen Frommelt
1997 to 2003: MR a.D. Johannes Sengpiel
2003 to 2006: Prof. Dr. Karsten Otte
2007 to 2011: Dr. Werner Korioth

Foundation of the technical committee: 1977

The committee meets biannual.

He picks up current problems in practice just as he initiates and pursuits generally new developments. Furthermore he cultivates the exchange of experiences with the inland water transport practice, the science, judges and advocacy as well was with Shipping agents and the insurance business. He comments all legislative projects and legal policy related questions, which have an impact on inland water transport.

Work results

Within the committee the following publications has been developed respectively prepared:

• Suggestion for a revised version of the chapter "Frachtgeschäft" of the inland water transport law (BinSchG)
• Suggestion- 1984 - for a revised version of the chapter "Frachtgeschäft" of the inland water transport law(BinSchG)
• Suggestion for a revised version of the first chapter of the law about judicial proceedings in inland water transport charges (BinSchVerfG)
• Resolution about judicial proceedings in inland water transport charges
• Convention on transportation of goods on inland waterways (CMNI)
• "Mannheimer Akte" - revised German version
• European Schubbedingungen 1997
• International loading- and transport requirements for inland navigation (IVTB)
• Presentation by Mister Advocate Dr. Werner K o r i o t h at the CMNI-Workshop on 14. November 2006 about "Die neue Rechtslage durch das CMNI unter besonderer Berücksichtigung der Haftung des Frachtführers"
• European Convention about the liability and compensation for damages at the transport of hazardous and dangerous substances on inland waterways (CRDNI)

In co-operation with the Faculty of Law at the University of Mannheim, the VBW picked up current questions as well as essential issues. The VBW organized several meetings:

• First Meeting of Mannheim for inland water transport law in 1975 with the topics
  - The expense demands of the water way administration for ship and anchor recovery
  - Traffic hazards in the inland navigation
  - Problems resulting of the limited liability of ship owners - The importance of the right of recourse of the crew
  - The difficulty of claim pursuant to § 22 WasserhaushaltsG
  - The protection of life and health as well as inserted things from crew members (§ 3 Abs. 2 BinSchG) and riding family members opposite the employers
  
• Second meeting of Mannheim for inland water transport law in 1978 with the topics
  - Impacts of the "AGB"-law on the common bill conditions in inland navigation
  - For penologic assessment of hit-and-run-driving an inland waterways
  - The responsibility of the state for maintenance of ship transport on inland waterways
  - International inland water transport related convention and the problems of transfer in German law
• Third meeting of Mannheim for inland water transport law in 1981 with the topics
  - The ship accident in terms of § 1 AVB-Flusskasko
  - The manufacturers liability in inland water transport relating to radar devices and automatic oar
  - The liability under public law of the ship owner in case of wreck removal, anchor recovery and in terms of § 22 Wasserhaushaltsgesetz
• Fourth meeting of Mannheim for inland water transport law in 1984 with the topics
  - To the history of law in Rhine transport until the final act of Vienna
  - To the problem of absolute liability in inland water transport
  - Insurance problems at dangerous goods transport
  - Compatibility of casualty insurance for ship owners with the "Mannheimer Akte" of 1868
• Fifth meeting of Mannheim for inland water transport law in 1987 with the topics
  - The great average on high seas and in inland water transport
  - Pursuant to insurance law questions regarding the great average in inland water transport
  - The establishment of modern Rhine transport law in the 19th century
  - The international standardization of the limitation of liability in the Rhine transport and inland water transport
• Sixth meeting of Mannheim for inland water transport law in 1990 with the topics
  - Current and future liability rules in inland water transport
  - Development directions of the Rhine transport law from 1871 to 1963
  - Relationship of the "Mannheimer Akte" to Treaty of Rome
  - The "Mannheimer Akte" and the Rhine shipping police regulations in the adjudication of the Bundesgerichtshof and the Chamber of Appeal at the Central Commission for the Navigation on Rhine
• Seventh meeting of Mannheim for inland water transport law in 1993 with the topics
  - Standardization of freight rights in Western and Eastern Europe
  - Non-contractual liability of the inland water transport on Danube river
  - Development of the rights in Rhine transport in the 2nd half of the 20th century
  - 125 Years of "Mannheimer Akte" and European Community
  
• Eighth meeting of Mannheim for inland water transport law in 1996 with the topics:
  - Problems of environmental criminal law in inland water transport law
  - Due diligence of the shipping agent and the freight carrier in special consideration of bill and transport conditions
  - General conditions for the insurance of marine hull risks 1992 in version of 1994
  - Revision of limitation of liability in inland water transport
• The Ninth meeting of Mannheim for inland water transport law at 22nd October 1999 was organized by the Institute for water transport law at the University of Mannheim, which has been founded in October 1996 with enduring sponsorship by VBW and GBM and was primarily responsible for the first time. It dealt about the following issues:
  - The German "Transportrechtsreformgesetz" and its significant changes for inland water transport law
  - The German transport law in comparison with other European transport laws
  - The problem of employment foreign inland sailor from Non-EU- states on barges from German ship owners
  - The liabilitiy at dangerous goods transport in inland water transport
  (-Current problems and possible solutions for international regulation-)
• " The VBW supports the continuation of the "Meeting of Mannheim"also in the future - as he did in 1999.

The brochures with the presentations at the "Meeting of Mannheim" can be directly ordered at:
Binnenschifffahrts-Verlag GmbH
Dammstr. 15-17
47119 Duisburg (Ruhrort)
Telefon: 0203 80006-20/-40 – Telefax: 0203 80006-21
E-Mail: info@binnenschiffahrts-verlag.de

Projects

In context with the aims of the VBW to create a standard inland water transport law in Europe, the committee supports these projects:

• Immediate signing and ratification of the Budapest convention about the contract regarding transportation of goods in inland navigation (CMNI)
• Early concluding of a "ready to be signed"convention to assure the aimed "European Convention about the liability and consumption for damages at the transport of hazardous and dangerous substances on inland waterways" (CRDNI)
• The technical committee "Inland waterways and ports" supports all activities that aim for the entry of European states to the already concluded conventions. This applies especially for the Straßburg Convention about the limitation of liability in inland water transport (CLNI) from the 4th November 1988.
• After the presentation of IVTB in June 1999 the committee is currently working on a revised version. It will be much more based on the CMNI and therefore increasing the appeal for widespread using of this act in many European states.