What Article 112 regulates
Article 112 of the Code of Administrative Offences of Georgia establishes administrative liability for breaches of the rules governing the movement of vessels and the safety of passengers. The provision protects two closely connected interests: orderly navigation in the port environment and the personal safety of everyone who boards a vessel, travels on it, or disembarks from it. Both interests depend on strict compliance with the applicable rules at every stage of a vessel's contact with a port, from entry to departure.
In practical terms, the article becomes relevant whenever a vessel enters a port or leaves it, whenever it moves or stands in port waters, in a traffic separation system, or in a special corridor, and whenever passengers are taken on board, are carried by the vessel, or disembark from it. Each of these stages carries an elevated level of risk, which is exactly why the legislature has attached an administrative sanction to the breach of the rules governing them.
What counts as an administrative offence
The text of the article groups the prohibited conduct into three blocks, each covering a distinct set of rules. Liability arises for the violation of:
- the rules for a vessel's entry into port or departure from port;
- the rules for a vessel's movement or standing in port waters, in a traffic separation system, or in a special corridor;
- the rules for ensuring safety during the embarkation of passengers on board a vessel, during travel by vessel, or during the disembarkation of passengers from a vessel.
These blocks are independent of one another. Administrative liability may arise from a breach of a purely navigational character, such as improper movement in a traffic separation system, as well as from a breach connected with passenger operations, such as a failure to ensure safety during embarkation or disembarkation. Every situation must therefore be assessed against the specific rule that applies to the stage of the voyage at which the breach occurred.
Who bears responsibility
The fine provided for by this article is imposed on the ship's captain. The norm names the captain as the responsible person, which reflects the captain's role in controlling the movement of the vessel and ensuring order and safety on board. When a violation is qualified under this article, the decisive factor is accordingly the link between the offence and the position of the person in command of the vessel.
The text of the article does not extend liability under this norm to other categories of persons. Any assessment of a concrete case must therefore rest on the exact content of the norm and on the elements of the offence as they are described in the article, without substituting assumptions for the wording of the law.
The amount of the fine and its features
A breach of the rules described above entails a fine on the ship's captain in the amount of 10 000 lari. This is the only sanction established by Article 112: the text does not provide a separate, increased penalty for a repeated commission of the offence, nor does it offer any alternative sanction. The amount is fixed and does not depend on which particular rule was breached — whether the violation concerns entry into port, movement or standing in port waters, or safety during passenger operations, the sanction remains the same.
For an individual seafarer, 10 000 lari is a substantial sum, and the personal character of the fine makes careful attention to navigational and passenger safety rules a matter of direct financial interest as well as professional duty. Preventing the violation is always less costly than contesting or paying the sanction afterwards.
Consequences of non-payment
If a fine imposed for committing the administrative offence provided for by this article is not paid within the period determined by the Code, the offender becomes liable to a surcharge in double the amount of that fine. Delay in payment therefore does not leave the obligation unchanged: the amount payable grows, and the offender must settle both the original fine and the surcharge imposed on top of it.
If the fine and the surcharge remain unpaid within 30 days from the imposition of the surcharge, measures to secure the payment of the fine and the surcharge will be carried out against the offender under the procedure established by the legislation of Georgia. In practical terms, this means that the debt ceases to be a purely financial obligation and becomes subject to state mechanisms aimed at compelling payment.
What the article does not regulate
Article 112 defines only the elements of the administrative offence and the sanction attached to it. Procedural matters — who draws up the protocol on the offence, which body examines the case, within what time limits a decision may be appealed, and how the fine is administered — are determined by other provisions of the Code of Administrative Offences. A correct assessment of any concrete case therefore requires those provisions to be taken into account alongside this article.
How Legal.ge can help
If you face administrative proceedings under this article in your capacity as a ship's captain, timely legal support can materially affect the outcome. The Legal.ge team will review the case materials, assess whether the elements of the offence are genuinely present, help you formulate your position, and protect your rights at every stage of the proceedings. Our goal is to give every client a reasoned, well-grounded legal assessment and practical tools for the defence of their interests.