LegalGELegalGE
...

Maritime Safety Compliance

Is the ISM Code mandatory for all vessels?

No, the ISM Code generally applies to passenger ships, tankers, and cargo ships of 500 gross tonnage and upwards engaged in international voyages. Smaller vessels may be subject to different national regulations.

What happens if Port State Control finds deficiencies?

Depending on the severity, the vessel may be given a deadline to rectify the issue. Critical deficiencies can lead to the detention of the ship until they are resolved and re-inspected.

Can I find assistance for safety audits on Legal.ge?

Yes, Legal.ge connects you with maritime experts who can conduct pre-audit inspections and help prepare your vessel and documentation for official Flag State or Class audits.

What is required for a Safety Management Certificate?

You need a verified Safety Management System (SMS), proper documentation of procedures, crew training records, and evidence that the safety policy is actively implemented on board.

Reading Time

4 min

Published

...

Introduction: Maritime Safety Compliance in Georgia

Georgia, as a maritime nation with strategically important ports (Poti, Batumi, Kulevi, Supsa), is actively involved in international maritime shipping. Maritime safety compliance is not merely a formal procedure; it is a critical necessity for ensuring the safety of vessels, cargo, and crew. For companies operating in the maritime industry, shipowners, and operators, strict adherence to local and international regulations is paramount. Non-compliance leads not only to severe financial penalties and vessel detention but also endangers human lives and the environment. Maritime safety compliance services encompass complex legal and technical support to ensure your activities fully meet the requirements of Georgian legislation and international conventions (SOLAS, MARPOL, STCW). Legal.ge offers you the opportunity to connect with qualified lawyers and maritime experts who ensure the legal soundness of your maritime operations.

What Does Maritime Safety Compliance Cover?

Legal services for maritime safety are multifaceted and cover the following key aspects:

  • Implementation of Safety Management Systems (SMS): Developing and implementing safety policies for ships and companies in accordance with the International Safety Management (ISM) Code.
  • Compliance with International Conventions: Consulting on adherence to the requirements of SOLAS (Safety of Life at Sea), MARPOL (Prevention of Pollution from Ships), and other international treaties.
  • Preparation for Port State Control (PSC) Inspections: Legal assistance during the inspection process, conducting preventive audits, and identifying deficiencies to avoid vessel detention.
  • Flag State Control (FSC): Monitoring compliance with mandatory requirements and maintaining documentation for vessels flying the Georgian flag.
  • Crew Certification and Occupational Safety: Ensuring compliance with the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) and the Labor Code of Georgia.
  • Maritime Incident Prevention: Risk assessment, development of preventive measures, and preparation of emergency plans.

Common Scenarios and Needs

In practice, situations often arise where ensuring maritime safety compliance is crucial:

  • Risk of Vessel Detention: A foreign-flagged vessel enters a Georgian port, and there is a risk of detention due to deficiencies found during a Port State Control (PSC) inspection. Rapid legal response and submission of a deficiency rectification plan are required.
  • Safety Audit: A shipowning company wishes to undergo a voluntary audit for compliance with the ISM Code to avoid problems in international waters.
  • Environmental Violations: A minor oil spill or improper waste management occurs from a vessel, leading to administrative liability and requiring legal defense with regulatory bodies.
  • Implementation of New Regulations: The International Maritime Organization (IMO) has adopted a new regulation (e.g., regarding cybersecurity or emissions), and the company needs assistance integrating these changes into its procedures.
  • Licensing and Certification: Establishing a new maritime company that requires obtaining a Document of Compliance (DOC) or Safety Management Certificate (SMC).

Georgian Legal Framework

The field of maritime safety in Georgia is regulated by both local legislation and international treaties. The primary regulatory act is the Maritime Code of Georgia, which defines the basic principles of vessel safety, registration, and crew manning. Additionally, the Law of Georgia on Maritime Space is important, regulating the navigation regime in Georgian territorial waters. The Maritime Transport Agency is the main regulatory body overseeing adherence to safety norms. Georgia is a member of the International Maritime Organization (IMO) and has ratified fundamental conventions such as SOLAS (International Convention for the Safety of Life at Sea) and MARPOL (International Convention for the Prevention of Pollution from Ships). Consequently, Georgian legislation directly provides for the obligation to comply with these international norms. The Administrative Offences Code imposes fines for violations of safety rules.

Service Process Step-by-Step

Working with Legal.ge specialists on maritime safety issues typically involves the following stages:

  1. Initial Consultation and Audit: The lawyer reviews the existing documentation of the company or vessel and conducts a "Gap Analysis" regarding current regulations.
  2. Action Plan Development: Based on identified deficiencies, a detailed plan is created specifying which procedures need to be changed or added to meet safety standards.
  3. Documentation Preparation: Safety management manuals, crew instructions, and other mandatory documents are prepared or updated.
  4. Training and Implementation: Informing personnel about new rules and facilitating their practical implementation.
  5. Representation: If necessary, the lawyer represents the client's interests before the Maritime Transport Agency or other supervisory bodies during inspections or disputes.

Why Choose Legal.ge?

Legal.ge is the largest platform in Georgia connecting clients with experienced and verified lawyers. Maritime law is a niche and specific field where the competence of a generalist lawyer may not be sufficient. On Legal.ge, you can find experts with deep knowledge of both the Maritime Code of Georgia and international IMO regulations. Our platform offers transparency and professionalism, ensuring the smooth and safe operation of your maritime business. Find your trusted legal partner on Legal.ge today.

Updated: ...

Specialists for this service

Loading...