Since its entry into force on 10 November, 2006, the Regulation
on General Inspection and Certification of Ships (the
"Regulation") has been the principal
legislation in respect of issues relation to inspection of ships
and their equipment and certificates. This regulation is not only
applicable to Turkish vessel alone. It becomes applicable to
foreign flagged vessels upon their entry into Turkish waters and
Article 57 of the Regulation, which provides for fines to be
imposed in case of breach of the Regulation's provisions,
referred to the fines set out under the Law on Protection of Life
and Property at Sea numbered 4922 (the
"Law"). In short, the Law foresees
pecuniary fines of between TRL 500 – 10,000 depending on the
type and gravity of the breach.
At the beginning of this month, a significant change has been
made to the Regulation. The Ministry of Transportation, Shipping
and Communication published the new wording of Article 57 of the
Regulation which includes new fines and sanctions put into force in
addition to those listed under the Law.
The new fines can be summarised as follows:
For Turkish and foreign flagged vessels, a fine of:
1. TRL 5,000 shall be imposed per each missing, invalid or
incomplete certificate that needs to be kept on board as per the
local legislation and international conventions; and
2. TRL 500 shall be imposed per each missing, invalid or
incomplete document (such as logbooks, plans, cargo documents
etc...) that needs to be kept on board as per the local legislation
and international conventions.
For Turkish flagged vessels, a fine of:
1. TRL 1,000 shall be imposed if any equipment on board is not
maintained in accordance with the rules of the certificate/document
pertaining to such equipment;
2. Between TRL 5,000 – 50,000 shall be imposed if any
equipment on board is modified or being used contrary to the rules
set out in the relevant certificate/document relating to such
3. TRL 10,000 shall be imposed on a Turkish vessel if she has
been detained abroad by more than two times in a year or more than
once within six months on the ground of the same deficiency. The
amount of the fine shall be increased to TRL 50,000 if it is
established that a Turkish vessel has been detained abroad more
than two times within six months or more than three times in a
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guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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