Marine Casualty and the Persons Liable
Article 92 of the Maritime Code of Georgia governs liability for a marine casualty caused by a vessel: this liability rests with the captain of the ship, and where the casualty occurred through the fault of a pilot performing professional duties, it also rests with the pilotage service. When an accident involving a boat or a ship has occurred, it is precisely this provision that determines against whom a claim will be brought and who must expect a property demand.
A special rule concerning pilots is built directly into the law: damage caused by a pilot is compensated through compulsory insurance of civil liability. This means that the injured party addresses not the pilot personally but the insurance mechanism, which in practice increases the chance of the claim actually being satisfied. The plan of action after an accident should rest on the three instruments established by the Code — the sea protest, the procedure for its registration, and the note or act of an independent surveyor.
Sea Protest — What It Is and When It Is Declared
Under Article 356 of the Code, if during the period of navigation or stay of a vessel an incident occurs that may be regarded as a ground for bringing a property claim against the shipowner, the captain of the ship declares a sea protest in the established manner, in order to secure evidence protecting the rights and lawful interests of the shipowner. The sea protest is a documentary form by which the captain records the circumstances of the incident and safeguards the shipowner’s position in a future dispute or insurance proceedings.
The declaration of a sea protest must describe the circumstances connected with the incident, as well as the measures taken by the captain to protect the property entrusted to him. It is precisely these substantive elements that determine the evidentiary value of the protest: a detailed description of the circumstances and a list of protective measures subsequently help the shipowner prove its diligence and reduce or entirely avoid liability. It is therefore critical for the captain not to leave circumstances vague in the protest and not to omit a single significant measure taken to protect the property.
Where and How the Protest Is Registered
Article 357 determines where and how the statement of sea protest is submitted for registration. In a port facility of Georgia the statement is submitted, for the purpose of recording, to the Agency in a notarially certified form. In a port of a foreign country the statement is submitted to a consular officer of Georgia or to a local competent person in accordance with the legislation of that country.
The practical conclusion is clear: the form and place of the protest depend on where the vessel enters or which is the first port after the incident. In a Georgian port facility the requirement of notarial certification applies, which gives the statement the force of a public document; in a foreign port one must follow local rules or approach the consular officer. In both cases it is impermissible to confine oneself to recording the protest merely in the ship’s log — registration as established by law is mandatory.
The 24-Hour Deadline for Declaring the Protest
Article 358 sets a strict deadline: in a port facility of Georgia the statement of sea protest is made within 24 hours from the moment of the ship’s entry into the port facility. If the incident that made the statement necessary occurred in the port facility, the statement must be made within 24 hours from that incident.
The deadline is thus counted from two alternative starting points: from the entry of the ship, where the incident happened on the way or during the stay, and from the incident itself, where it happened within the port facility. Missing the deadline seriously damages the evidentiary force of the protest, because the shipowner loses the earliest and correspondingly most reliable record. When planning a voyage, the captain and the shipowner must therefore know in advance that the first 24 hours after an incident are decisive and that within that time the Agency and the notary must both be approached.
Recording the Ground of Property Liability by Note or Act
Article 363 provides that a circumstance which may become a ground of property liability towards the shipper, the carrier and the receiver, as well as the carrier of passengers, must be confirmed in writing, by the note of an independent surveyor or by an act. In a port abroad such circumstances are certified in writing according to local rules.
A note or act is drawn up to certify the following circumstances: a discrepancy between the actual description, mass and number of places of the cargo or baggage and the data entered in the transhipment documents; damage to or spoilage of cargo or baggage; the discovery of undocumented cargo or baggage, or of documents unaccompanied by cargo or baggage; and the return to the carrier of stolen cargo and baggage. The form of the note or act, the procedure for its preparation, and the circumstances that do not require an act are determined in accordance with the rules or recommendations adopted by the independent surveyor. After an accident it is precisely this document that becomes the principal evidence of the condition of the property and of where the breach occurred.
Frequently Asked Questions
Who answers for a marine casualty caused by a vessel?
Under Article 92, liability rests with the captain of the ship, and where the casualty occurred through a pilot performing professional duties, also with the pilotage service; the pilot’s damage is compensated through compulsory insurance.
What must the captain include in a sea protest?
Under Article 356, the statement describes the circumstances connected with the incident and the measures taken by the captain to protect the property entrusted to him.
Within what time must a sea protest be declared?
Under Article 358, the statement is made within 24 hours of the ship’s entry into the port facility, and where the incident occurred within the port facility, within 24 hours of the incident.
How is damage to cargo recorded?
Under Article 363, circumstances connected with property are confirmed in writing, by the note or act of an independent surveyor, whose form is determined by the surveyor’s rules.
How We Help on Legal.ge
The team of Legal.ge will assist you in the legal assessment of an incident that occurred during navigation or a stay: we will collect and organise the evidence, draft the statement of sea protest, help arrange the note of an independent surveyor and protect your interests in insurance and court disputes. Contact us as soon as an incident has occurred — the first 24 hours are decisive.