Maritime Crew Rights under the Georgian Maritime Code
The rights and status of a ship's crew in Georgia are defined directly by the Maritime Code of Georgia — specifically by its Articles 47, 48, 51 and 66. These provisions govern four areas: who may be hired for the posts of captain, officer or rating; the binding force of the master's lawful orders; the master's representative role; and the statutory standards for food, drinking water and living conditions.
Certification and the Grant of Rank — Article 47
Under Article 47, only appropriately ranked maritime specialists are hired for the posts of ship's captain, officer and rating. The requirement rests on the Georgian Law on Seafarers' Education and Certification and on the 1978 international convention on the training, certification and watchkeeping of seafarers, as amended. On fishing vessels, the posts of skipper, officer and rating are likewise reserved for appropriately ranked specialists under the Georgian Law on Fisher-Seafarers' Education and Certification.
A rank is granted by the agency after the person passes the appropriate examinations, confirmed by a certificate of competence and a qualification certificate, and is withdrawn under the procedure established by Georgian legislation. A stricter rule covers masters: the post of captain of a passenger ship flying the State flag of Georgia may be held only by a person holding the rank of captain with the appropriate competence under the 1978 convention.
The Master's Orders and the Priority of Safety — Article 48
Article 48 makes the master's order the foundation of on-board order: every person on board must meticulously execute the captain's order within the limits of his competence, and where an order is not executed the captain is obliged to take appropriate measures against that person. The captain also has the right to refuse to take the ship out to sea when he does not consider the ship safe; to refuse boarding to any person, except a state-authorized person performing a duty under the 1974 international convention on the protection of human life at sea; and to refuse the loading of any kind of cargo.
The conflict rule is equally important: if the captain, on the basis of professional judgment, considers that there is a conflict between a maritime security requirement imposed on the ship and a maritime safety requirement, he gives priority to the safety requirement, takes temporary security measures where necessary, and immediately notifies the agency.
The Captain as Representative — Article 51
Under Article 51, the ship's captain is deemed, by virtue of his official position, the representative of the shipowner and the cargo owner in all transactions connected with the ship, the cargo or the navigation, and in the settlement of a disputed issue concerning property entrusted to him, where their representative is not present on the spot.
Food, Drinking Water and Living Conditions — Article 66
On-board living standards are gathered in Article 66. Food products supplied to a Georgian-flag ship must correspond to the number of seafarers on board and to their religious and cultural customs, take account of the voyage duration, and be of appropriate quantity; the nutritional value, quality and variety of the food must be safeguarded. The conformity, quality and quantity of drinking water and food on board are determined by the agency. The galley must be organized, and its equipment arranged, so that adequate, varied food of high nutritional value is prepared under hygienic conditions.
The selection of a qualified cook is mandatory; however, where the total number of seafarers indicated in the safe-manning document is fewer than ten, the ship may have no qualified cook — then the shipowner must ensure that the person preparing food is appropriately trained in the handling, storage and preparation of food products. The status of qualified cook is determined by the Georgian Law on Seafarers' Labour, and a person counts as trained if they completed a course recognized by the agency or a shipowner-organized course covering, at a minimum, personal safety in the galley, food hygiene and personal hygiene.
Control is precisely prescribed: the captain, or a person designated by him, must monitor the drinking water, food, food storage, the galley and other relevant equipment at least once a week, and monthly inspect the living quarters to satisfy himself that they are hygienic and provide decent accommodation. The monitoring results and any non-conformities are recorded in an appropriate document together with the remedial measures taken.
Frequently Asked Questions
Below we answer the questions that seafarers and shipowners most often raise about crew rights.
Who may work as a ship's captain, officer or rating?
Only appropriately ranked maritime specialists satisfying the Georgian Law on Seafarers' Education and Certification and the 1978 convention. The rank is granted by the agency after examinations, confirmed by a certificate of competence and a qualification certificate.
Can the captain refuse a dangerous voyage?
Yes. Under Article 48 the captain may refuse to take the ship to sea when he does not consider it safe, refuse boarding to any person, and refuse the loading of any kind of cargo.
What happens when security and safety requirements conflict?
On the basis of professional judgment the captain gives priority to the maritime safety requirement, takes temporary security measures where necessary, and immediately notifies the agency.
What standards govern the crew's food?
Food must match the number of seafarers, their religious and cultural customs and the voyage duration, and be of appropriate quantity, with its nutritional value, quality and variety preserved. Food and equipment are monitored at least once a week, and the living quarters monthly.
How We Help on Legal.ge
If you are a seafarer facing a problem with rank, certification or the exercise of on-board rights, or a shipowner who wants crewing to comply exactly with the law, the specialists at Legal.ge will explain the application of Articles 47, 48, 51 and 66 of the Maritime Code, assess the evidence of any violation, and help you prepare a demand or statement of claim. Contact us through the Legal.ge form to schedule an initial consultation.