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.
Powers of the Ship Inspector and the Ban on Obstruction
Article 44-10 grants the ship inspector broad powers for carrying out assessment, control and monitoring procedures. He may, alone or accompanied by a person whose presence he deems necessary and with such equipment as he considers necessary, go on board any vessel of Georgia, both in port and during navigation, obtain all necessary information and examine any Georgian vessel, including one under the technical supervision of a recognised organisation. The inspector may enter, control, examine and investigate any immovable property other than private property, provided there is sufficient reason to believe that it is property of a recognised organisation to be assessed or is used by it for its activities, and he may examine data registered in databases, books and documents and take copies of them where he has sufficient reason to suppose that the information may be used as evidence in proceedings connected with non-performance of obligations under the Code.
The operator of the vessel, the captain, any other seafarer and the recognised organisation are obliged to provide the inspector with assistance and the necessary information. Article 44-17 extends the inspector’s powers to the entire cycle of inspection and certification: he may board a ship flying the flag of Georgia, carry out all inspections required by the conventions of the International Maritime Organization to which Georgia is a party, demand the elimination of recorded non-conformities and defects, and prohibit a vessel from navigating where there is substantiated suspicion that the recorded non-conformities constitute a serious breach of those conventions, threaten the safety or health of seafarers on board, or are directed against maritime security. The inspector must take all appropriate measures to prevent unjustified detention of the vessel. Where an inspection is carried out with respect to the standards of the Maritime Labour Convention of 2006 of the International Labour Organization, a copy of the inspection report must be handed to the captain, placed in a conspicuous place on board and sent to the Agency. The shipowner, the charterer and the company are prohibited from obstructing the inspector or surveyor in the performance of their duties.
Technical Supervision, Class and Accreditation
Article 44-11 provides that every vessel of Georgia covered by the international treaties of Georgia must be under the technical supervision of a recognised organisation and must have the class assigned by that organisation. The same supervision must also cover every vessel engaged in international navigation and every vessel whose register tonnage is 500 tons or more, irrespective of the area of navigation. This requirement does not apply to pleasure yachts. A vessel in state ownership with a total capacity of 500 or more register tons used for the training of seafarers may undertake international navigation, provided the conditions of supervision, the standard and the procedure for issuing international certificates have been agreed between the recognised organisation and the Agency.
Article 44-16 deals with the remaining fleet: the technical supervision of vessels not placed under the supervision of a recognised organisation, including small and diminutive vessels, is exercised by an organisation accredited by the unified national accreditation body — the Accreditation Centre. An authorised representative of the Agency participates in the accreditation process, and the essential requirements for recognising an organisation are determined by the Agency through a normative act. The accredited organisation itself determines the requirements for small and diminutive vessels to go to sea and the boundaries of their navigation. In practice this means that for the owner of a small craft it is decisive to stay within the boundaries set by the accredited organisation; otherwise a voyage to sea cannot be regarded as lawful navigation.
Frequently Asked Questions
How long must completed logbooks be kept on board?
Under Article 39, completed logbooks are kept on board for 3 years. They are produced under the procedure established by the Agency, and their absence or premature destruction will be treated as a deficiency in the vessel’s documents.
Can an inspector prohibit a vessel from navigating?
Yes. Under Article 44-17, the inspector may prohibit navigation where there is substantiated suspicion that the recorded non-conformities constitute a serious breach of the conventions of the International Maritime Organization, threaten the safety or health of seafarers, or are directed against maritime security.
Which vessels must hold the class of a recognised organisation?
The class is required for all vessels covered by the international treaties of Georgia, all vessels engaged in international navigation, and all vessels of 500 or more register tons. Pleasure yachts are exempt from this requirement.
Who supervises small vessels technically?
Under Article 44-16, vessels outside the supervision of a recognised organisation, including small and diminutive vessels, are supervised by an organisation accredited by the unified national accreditation body, which also determines the requirements for such vessels to go to sea and the boundaries of their navigation.
How We Help on Legal.ge
On Legal.ge you receive the assistance of qualified maritime law advisers: we will analyse whether your vessel’s documents comply with the Code, support you through inspection and certification procedures, assess the legal consequences of non-conformities recorded by an inspector, and plan the legal steps to take where navigation has been prohibited. Contact our team today.