Conditions for Admitting a Vessel to Navigation
Under Article 38 of the Maritime Code of Georgia, a vessel may be admitted to navigation only if its condition complies with the requirements of navigational safety, protection of the marine environment and maritime security established by the international treaties of Georgia or Georgian legislation. For a shipowner this means that the right to put to sea is tied directly to the actual technical and organisational readiness of the vessel: operating a ship that fails these requirements amounts to operating a vessel that is not admitted to navigation, with the attendant administrative and civil liability risks.
Determining compliance is not an internal matter for the owner: under the second part of Article 38, compliance is established by the Agency and/or a recognised organisation in accordance with the relevant chapter of the Code. Consequently, the validity, scope and conditions of the certificates your vessel holds define precisely in which waters and for which type of navigation the vessel is admitted. It is also legally significant that the requirements simultaneously cover safety, environmental protection and security, so a vessel that is excellent in one dimension may still constitute a serious violation in another.
Essential Documents and Logbooks on Board
Article 39 obliges every vessel registered in Georgia to carry a complete set of essential documents, which includes:
- the certificate of registration;
- a document confirming that the crew is manning the ship in the safe number of members;
- the ship’s logbook;
- the engine logbook, where the ship has a mechanical engine;
- the radio station logbook and radio certificates together with other documents under the radio regulations;
- the ship’s sanitary certificate;
- the crew list and other certificates envisaged by the international treaties of Georgia.
The logbooks are produced under the procedure established by the Agency, and completed logbooks must be kept on board for 3 years. Material or electronic versions of the essential documents must be maintained on board, and where an electronic certificate is used, the ship must have access to a clear and simple instruction for confirming its periodical endorsement, origin, legal force and authenticity. Special service and sport vessels may be dispensed from holding a tonnage certificate, and a small vessel is not obliged to keep an engine or sanitary logbook unless the shipowner provides otherwise. Vessels engaged in international navigation need, in addition to this list, the other mandatory certificates prescribed by the treaties, while the Agency alone may allow an exception from individual obligations on grounds of expediency.
Delegation of Inspection Functions to a Recognised Organisation
Under Article 44-3, the Agency may fully or partially transfer to a ship surveyor or a recognised organisation the competence to perform the following functions: inspection and verification, marking of the load line, measurement of tonnage, monitoring of ship construction and repair, issue and renewal of certificates conforming to international treaties, issue of certificates exempting from the requirements of those treaties, and issue of a certificate confirming conformity with the relevant provisions of the Code. Within the limits of the delegated functions, the certificates acquire their definitive character and become the vessel’s operative documentation.
The Agency endorses every certificate in which an exception from the international treaties — permanent or temporary — is recorded, together with all amendments made to such certificates. The sphere of the cargo ship radio station certificate is regulated separately: a private organisation that has appropriate practice and qualified personnel may be granted the competence to independently assess the safety of radio communications. Recognition is granted on the basis of a decision of the Agency, and if the organisation no longer satisfies the established requirements or its work is assessed as unsatisfactory, the Agency may revoke the recognition. For the shipowner this means that the reliability of a certificate rests on two layers of control — the technical assessment of the recognised organisation and the administrative supervision of the Agency.