Dutch Civil Code

Book 8 Transport law and means of transport


I GENERAL PROVISIONS


Title 8.1 General provisions


Article 8:1 Definition of ‘ship’ and ‘ship ancillaries’

- 1. In the present Book (Book 8) 'ship' shall mean: all things, not being aircraft, that according to their construction are intended for floating, and that do float or have been floating.
- 2. By Order in Council, things which are no ships may be designated for the purpose of the provisions of Book 8 as ships, and provisions of Book 8 may be declared inapplicable to things which are ships.
- 3. Propulsion equipment and other machinery become a component of a ship on the moment that they, after having been installed, are attached to the ship in the way as intended after completion of the ship.
- 4. ‘Ship ancillaries’ shall mean: all things, not being a component of the ship, that are intended to be used sustainably on the ship and that can be identified as such by their shape, and all navigation and communication instruments that are attached to the ship in such a way that they cannot be separated from the ship without causing meaningful damage to either these instruments or the ship.
- 5. Subject to derogating stipulations (clauses), ship ancillaries shall form a part of the ship. Derogating stipulations (clauses) may be registered in the public registers referred to in Section 3.1.2.
- 6. For the purpose of paragraph 3, 4 and 5 of the present Article, a ship shall include a ship in course of construction.


Article 8:2 Definition ‘sea-going ship’
- 1. In the present Book (Book 8) a ‘sea-going ship’ shall mean: ships registered as ‘sea-going ship’ in the public registers referred to in Section 3.1.2, and ships not registered in those public registers that, according to their construction, are intended exclusively or principally for floating on the sea.
- 2. By Order in Council, ships which are no sea-going ships may be designated for the purpose of the provisions of Book 8 as sea-going ships, and provisions of Book 8 may be declared inapplicable to ships which are sea-going ships.
- 3. In the present Book (Book 8) an ‘offshore fishing ship’ shall mean: sea-going ships that, according to their construction, are intended exclusively or principally for commercial fishing.


Article 8:3 Definition ‘inland navigation vessel’
- 1. In the present Book (Book 8) an ‘inland navigation vessel’ shall mean: ships registered as ‘inland navigation vessel’ in the public registers referred to in Section 3.1.2, and ships not registered in those public registers that, according to their construction, are neither exclusively nor principally intended for floating on the sea.
- 2. By Order in Council, ships which are no inland navigation vessels may be designated for the purpose of the provisions of Book 8 as inland navigation vessels, and provisions of Book 8 may be declared inapplicable to ships which are inland navigation vessels.


Article 8:3a Definition of ‘aircraft’
- 1. In the present Book (Book 8) ‘aircraft’ shall mean: devices that may be kept in the atmosphere by virtue of forces that are exerted thereon by air, except devices that, according to their construction, are intended to move on an air cushion which is positioned between the device and the surface of the earth.
- 2. The hull (frame), engines, propellers, radio equipment and all other objects intended to be used in or on the device, whether they are placed in or on the device or temporarily separated from it, are a component of the aircraft*).
- 3. By Order in Council, things which are no aircraft may be designated for the purpose of the provisions of Book 8 as aircraft, and provisions of Book 8 may be declared inapplicable to things which are aircraft.

*) See Article XVI of the Geneva Convention of 19 June 1948.


Article 8:3b Definition of ‘railway vehicle’ and ‘railway infrastructure’
In the present Book (Book 8):
a. ‘railway vehicle’ shall mean: vehicles intended for traffic on railways;
b. ‘railway infrastructure’ shall mean: railway as defined in Article 1, under (b), of the Railways Act (Spoorwegenwet) and railway infrastructure belonging thereto as referred to in Article 1, under (c), of the Railsways Act (Spoorwegenwet);
c. 'utilizer of the railway infrastructure’ shall mean: the operator referred to in Article 1, under (h) of the Railways Act (Spoorwegenwet) or, if that provision does not apply, the one who places the railway infrastructure at the disposal of others.
d. ‘railway enterprise’ shall mean: any railway enterprise as defined in Article 1, under (f), of the Railways Act (Spoorwegenwet).


Article 8:4 Definition of ‘inland waterways’
With reservation of Article 8:552, the present Book (Book 8) shall regard as ‘inland waterways’: the Dollart, the Wadden Sea, the IJsselmeer, the streams, estuaries (river mouths) and other waters designated for this purpose by Order in Council , if necessary within boundaries to be pointed at by Order in Council.


Article 8:5 Definition of ‘persons on board of a ship’
‘Persons on board of a ship’ are understood in the present Book (Book 8) as all persons, crew and passengers, who find themselves on board of a ship.


Article 8:6 Captain and boatmaster are part of the crew
In the present Book (Book 8) the captain and boatmaster are regarded as being a member of the crew.


Article 8:7 [repealed on 01-01-1992]


Article 8:8 Definition of ‘luggage’
‘Luggage’ is understood in the present Book (Book 8) as things which a carrier has accepted to transport in connection with a passenger transport contract concluded by him, with the exception of things transported under a contract for the transport of things (contract of carriage).


Article 8:9 [repealed on 01-01-1992]


Article 8:10 Definition of ‘shipowner’
‘shipowner’ is understood in the present Book (Book 8) as the owner of a seagoing ship.


Article 8:11 [repealed on 01-01-1992]


Article 8:12 Nullity
A breach of a mandatory statutory provision shall in the present Book (Book 8) lead to nullity of the juridical act, to be applied ex officio (by the court of its own motion).


Article 8:13 Nuclear damage
The present Book (Book 8) is without prejudice to any international agreement (convention) or law, in force for the Netherlands, that governs liability for nuclear damage.


Article 8:14 [repealed on 01-01-1992]

[Articles 8:15 - 8:19 reserved for future legislation]