The Port Unit and Safe Navigation
The harbour unit is responsible for ensuring safe navigation within the waters of a seaport. Its duties include creating appropriate conditions for pilotage operations to be conducted safely, carrying out measures under the approved plan for the removal of sunken property, organising search and rescue operations to save persons and vessels in danger, and mobilising all resources within the harbour unit for eliminating emergency spills of oil and hazardous substances.
The harbour unit also ensures that the storage of dangerous cargo and cargo handling operations are carried out in the prescribed manner. In performing these functions it must observe Georgia's international treaties, the Maritime Code, other legislative and sub-legislative normative acts, the applicable technical regulations, the port rules and the written requirements of the Agency — so that order in the port rests on a single legal foundation rather than on ad hoc decisions.
Clearance to Depart and Detention of a Ship
Every ship, regardless of the state of its flag and the form of ownership, must obtain written consent to depart from the state supervision and control service of the seaport before leaving the port. The captain of the port, in turn, has the right to detain a ship or cargo where the ship is unseaworthy, where port structures, other property in the port or navigation equipment are out of service, or where loading, supply and crewing requirements are violated and other deficiencies endanger safe navigation, the health of persons on board or the environment.
Detention is also justified where the ship's documents are improperly compiled, where a claim exists concerning general average, salvage, a carriage contract, collision, unpaid tax or other damage, or where the owner of the ship or cargo fails to provide appropriate security. An order of the port captain on detention operates for 3 days and nights, excluding rest days and holidays established by Georgian legislation; if the court does not deliver a decision within that period, the ship or cargo is released immediately. A ship owned by another state and used for non-commercial purposes may not be detained, except in the cases provided for by Georgia's international treaties and legislation.
Pilotage Services and Their Regulation
Pilotage of a ship at the approaches to and within the waters of a Georgian port is performed only by a marine pilot certified by the Agency. The harbour unit must ensure the functioning of a pilotage service in its territory and waters, but that service may not be created by the harbour unit or its employee, nor be a legal person connected with it — the pilotage service may be established in a legal form provided for by the Law on Entrepreneurs, and the harbour unit concludes an appropriate contract with it.
The certificate of a pilotage service is issued for a term of 5 years. The activity of the service is subject to constant supervision and control by the Agency, and in matters of maritime safety the certified pilotage service and pilot are subordinate to the captain of the port. A pilot is a citizen of Georgia holding a pilot certificate issued by the Agency. Where the provision of pilotage in a compulsory pilotage area becomes impossible due to the fault of the pilotage service or the harbour unit, the Agency appoints a competent person or a certified pilot. A pilot boat must satisfy the requirements of the technical regulation and receives its status through an entry in the ship registration certificate.
Port Rules and Liability
The rules and conditions governing the entry, exit and stay of a ship in a seaport, cargo handling operations including the storage of dangerous cargo, bunkering of ships and pilotage escort are defined by the Port Rules approved by the Agency. The Agency, together with the authorised representative, also establishes traffic rules for military ports, shipbuilding and other enterprises whose waters adjoin those of the seaport.
The captain of a ship standing in the harbour unit and persons present on its territory are obliged, in accordance with the Agency's assignment, to hand over their floating objects or other technical means upon request, for the rescue of persons and ships in danger and for the elimination of sea pollution. Compliance with the requirements established by the Agency and the harbour unit for navigation safety and port order is mandatory for every natural and legal person in the harbour unit and for every ship's captain. Violations of navigation safety and port order requirements attract administrative liability in the manner established by Georgian legislation.
Frequently Asked Questions
Who is responsible for safe navigation in port waters?
The harbour unit. Its duties include creating conditions for pilotage, removal of sunken property, search and rescue operations, and mobilising resources to eliminate spills of oil and hazardous substances.
For how long does a ship detention order operate?
For 3 days and nights, a period that excludes rest days and holidays. If the court does not deliver a decision within that period, the ship or cargo is released immediately.
Who may conduct pilotage operations?
Only a marine pilot certified by the Agency. A pilot is a citizen of Georgia holding an Agency-issued pilot certificate, and the pilotage service itself is certified for a term of 5 years.
Can a pilotage service be created by the port?
No — it is impermissible for a pilotage service to be created by the harbour unit or its employee, or to be a person connected with it. The service is established independently, and the port merely concludes a contract with it.
How We Help on Legal.ge
Port operations concern both ship owners and the senders and receivers of cargo. The specialists of Legal.ge assist with issues arising under the port rules, the legal assessment of ship or cargo detention, and the resolution of pilotage disputes. Contact us — we will review your situation and help you take the right steps.