What Article 114¹⁵ regulates
Article 114¹⁵ of the Code of Administrative Offences of Georgia is one of the most detailed norms in the field of maritime safety: it governs breaches of maritime security standards committed by a port facility and by the administration of an oil and gas terminal located on the territory of a port. The norm covers the readiness of berths, the monitoring of depths, the operation of cranes, the mooring lines of ships, lighting, order after cargo operations, fire-fighting systems and even the use of tobacco on the territory. For each element the law provides a separate measure, and repetition almost always doubles the amount. Such a level of detail is understandable: a port is a space where heavy equipment, tanks, gas, hot-metal processing and people operate simultaneously, and where a small defect in an apparently minor detail — lighting, a mooring line or an alarm — increases the probability of a disaster affecting the entire port.
Berth readiness and depths
Demanding the entry of a ship into the port and its berthing when the berth is not ready to receive the ship is punished by a fine of 5,000 GEL, and on repeated commission — 10,000 GEL. Failure to perform the duty of monitoring and maintaining the water depths required for safe navigation amounts to 1,000 GEL, and on repetition — 2,000 GEL; the same duty with respect to the entrance channel of the port is assessed far more strictly — 10,000 GEL and, on repetition, 20,000 GEL. The difference is logical: the channel is the gateway of the entire port, and its defect affects every ship.
Territory rules and cargo operations
A breach of the rules on the use of tobacco on the territory of the port is punished by 1,000 GEL, and on repetition — 2,000 GEL. Oxy-gas cutting of ferrous and non-ferrous metal scrap outside specially designated places, or by a person whose qualification does not meet the requirements, is punished by 5,000 GEL, and on repetition — 10,000 GEL. The jib of a port crane extending beyond the berth on the sea side during berthing, and the coastal cranes not being turned properly after the completion of a cargo operation, are assessed at 5,000 and, on repetition, 10,000 GEL. The absence of the prescribed number of the ship's mooring lines when berthing — 2,000 GEL, on repetition 4,000 GEL; insufficient lighting of the berthing place — 5,000 GEL, on repetition 10,000 GEL. The positioning of elevator pipes so as to interfere with the berthing or movement of the ship — 2,000 GEL, on repetition 4,000 GEL; failure to clean the cargo operation area of debris — 5,000 GEL, on repetition 10,000 GEL. The most severely assessed act is dumping or washing debris from the berth into the sea or into the drainage system of the berth — 15,000 GEL and, on repetition, 30,000 GEL, since it directly harms the marine environment.
The requirements for the oil and gas terminal
Separate standards are set for the administration of the terminal. A breakdown or absence of a stationary, air or mechanical foam system, the absence of a fire post, of fire-fighting equipment complying with the established norms or of primary fire-extinguishing means, a defect of the central water heating system or its replacement by an improper heating system, and the breakdown of telephone communication or fire alarm — 10,000 GEL, on repetition 20,000 GEL. A breach of the electric lighting rules, the absence of spark-proof fenders, improper stowage of cargo or unsuitable equipment, a breach of the tobacco rules or work involving open flame on the territory of the terminal or on a ship berthed nearby — 5,000 GEL, on repetition 10,000 GEL. The operation of a mechanical vehicle or a railway locomotive without fire-extinguishing and spark-extinguishing devices of the proper construction — 10,000 GEL, on repetition 15,000 GEL.
Diving works
A separate element is carrying out diving works in the port waters without notifying the state supervision and control service of the port, or breaching the rules for giving the appropriate signals — in that case the fine of 5,000 GEL is imposed directly on the person responsible for carrying out the works. This is the only case in this article where liability is shifted from the port facility to a concrete natural person.
A surcharge of twice the amount
If a fine imposed under this article is not paid within the period determined by the Code, the offender is charged a surcharge of twice the amount of the fine; if the fine and the surcharge remain unpaid within 30 days from the imposition of the surcharge, measures to secure payment follow. Given the high fines, this means that a postponed 10,000 GEL fine grows, with the double surcharge, into a total of 30,000 GEL.
How Legal.ge can help you
The thirty parts of this article contain dozens of distinct elements, and a mistake in qualification changes the amount of the fine several times over. The lawyers of Legal.ge will examine your case in detail, verify the question of repetition and the calculation of the surcharge, and protect your interests in the administrative proceedings. For a detailed consultation, contact us at Legal.ge.