Port Regulations under the Maritime Code
The daily life of a seaport — entry, stay, cargo operations, departure — is regulated in detail by the Maritime Code of Georgia: Article 77 governs the system of Port Rules and liability for cargo; Article 80 — safe navigation in the aquatory and the duties of the port unit; Article 82 — the written consent to a ship's departure and the port captain's power to detain; and Article 86 — the rules of movement and operations in the port. International practice knows regimes of port security and port-state control, but in a Georgian port it is these four articles of the Code and the Port Rules approved on their basis that operate.
Port Rules and Liability for Cargo — Article 77
Under Article 77, a port unit functions in accordance with the Port Rules, which are approved by the agency; within its competence the port unit also participates in drafting those rules. The Port Rules are thus not an internal act of the port but a framework approved by the central authority.
The fate of cargo is allocated precisely: in the port unit the port operator is responsible for cargo from the moment of its acceptance until transfer to the receiver, another authorized person or a carrier. The operator is liable for damage caused by loss of the cargo, delay or damage. Where cargo is damaged while in the port, the claim for that period is brought against the operator.
Safe Navigation in the Aquatory — Article 80
Under Article 80, the port unit is responsible for safe navigation in the aquatory of the seaport. For this purpose the unit is obliged: to ensure the creation of appropriate conditions for pilot operations to be carried out safely; to ensure that appropriate measures are implemented in accordance with the plan for removal of sunken property approved by the agency; to ensure, for carrying out search-and-rescue operations for persons and ships in danger within its zone of responsibility, and for eliminating accidental spills of oil and hazardous substances, the mobilization of all resources in the port unit — for the purpose of implementing the measures approved by the agency; and to ensure that the storage of hazardous cargo and cargo operations are carried out in the established manner.
In performing these functions the port unit must observe Georgia's international treaties, the Code, other legislative and subordinate normative acts of Georgia, the established technical regulations, the Port Rules and, in appropriate cases, the written demands of the agency.
Departure Consent and Detention — Article 82
The first part of Article 82 sets a general rule: every ship, regardless of the flag state and the form of ownership, must obtain from the state supervision and control service of the seaport written consent to departure before leaving the port.
The port captain has the power, under Article 82, to detain a ship or cargo in defined cases: where the ship is unfit for navigation; where the port structures, other property in the port and navigation equipment are out of service; where the loading, supply and crewing requirements are violated and other ship-related deficiencies exist that threaten the ship's safe navigation, the health of persons on board and the environment; where the ship's documents are incorrectly compiled; where there is an application by a natural or legal person concerning general average, salvage, a contract of carriage of goods, collision of ships, non-payment of a tax or other damage; and where the owner of the ship or cargo fails to provide appropriate security.
The duration of detention is strictly limited: the port captain's order on the detention of a ship or cargo operates for 3 days and nights, with rest days and holidays excluded from that period, and if the court does not issue a decision within that period the ship or cargo is released immediately. An additional guarantee concerns other states: the detention of a ship owned by another state and used for non-commercial purposes is impermissible, except in the cases provided for by international treaties and Georgian legislation.
The Rules of Movement and Operations — Article 86
Article 86 provides that in a seaport the rules and conditions of a ship's entry, exit, stay, cargo operations — including the storage of hazardous cargo — the bunkering of the ship and pilot escort, and other issues, are determined by the Port Rules approved by the agency. By the same article, the agency, together with the authorized representative of a military port, a shipbuilding or other enterprise whose aquatory borders the aquatory of the seaport, establishes the rules of movement in ports and at their approaches.
Frequently Asked Questions
Below we answer the questions most frequently raised about port regulations.
Who approves the Port Rules?
The agency; the port unit participates in drafting them within its competence. The Port Rules govern entry, exit, stay, cargo operations, bunkering and pilot escort.
Who answers for cargo while it is in the port?
The port operator — from the moment of acceptance until transfer to the receiver, another authorized person or a carrier; the operator is liable for damage caused by loss, delay or damage to the cargo.
When can the port captain detain a ship?
In defined cases — including where the ship is unfit for navigation, its documents are incorrectly compiled, loading or crewing requirements are violated, there is a person's application concerning general average, collision or damage, or the owner provides no security. The order operates for 3 days and nights, excluding rest days and holidays; if the court does not decide within that period, the ship is released immediately.
Do the rules apply to foreign ships?
Yes — the requirement of written consent to departure applies to every ship regardless of flag state and form of ownership. The exception is the prohibition on detaining non-commercial ships of another state.
How We Help on Legal.ge
If your ship or cargo has been detained by the port captain, cargo was damaged under the operator's supervision, or you doubt the application of the Port Rules, the specialists at Legal.ge will explain the operation of Articles 77, 80, 82 and 86 of the Maritime Code, assess the lawfulness of the detention, and help you prepare a demand for release or compensation. Contact us through the Legal.ge form.