One Regulation Applicable To All Turkish Ports
Introduction
The regulation applicable to all Turkish ports prepared by the Ministry of Transport, Maritime Affairs and Communications that entered into force after being published in the official gazette on October 31, 2012 (˝the Regulation˝), consolidates all the bylaws, regulations and instructions in a single Regulation. Thus the Port Regulations of Aliağa, Ambarlı, Anamur, Ayvalık, Bandırma, Bodrum, Ceyhan, Çanakkale, Dikili, Enez, Fethiye, Gelibolu, Güllük, Hopa, İskenderun, İstanbul, Karadeniz Ereğli, Karasu, Karataş, Kefken, İzmit, Mersin, Rize, Silivri, Şile, Taşucu, Tekirdağ and Tuzla have been abolished and the operations conducted in 70 ports will now be subject to a single regulation. As defined in Article 2 (1), the Regulation frames the duties, powers and responsibilities of the port authorities, as well as the responsibilities of the persons concerned with ships, vessels and shore facilities in relation to their maritime operations towards the port authority, excluding the port authorities situated in inland waters.
Scope
According to Article 2 (2), the Regulation is applicable, unless otherwise is specified, to all ships, vessels and shore facilities operating in the port’s administrative zone. Further, the Regulation contains special provisions for passenger ships, excursion ships and hydroplanes. However, state owned ships, military ships, and military shore facilities and vessels, or shore facilities belonging to law enforcement officers are not included in the scope of the Regulation.
Purpose
The Regulation standardizes and updates the port’s administrative zones and borders together with the anchorage berths. The new regulation aims to increase the efficiency of the services provided and facilitate better administration of the sea traffic. The rules relating to the navigation, approaching the dock and leaving the port of ships and vessels are revised. All forms of load and passenger transportation, place and time, pilotage and towing boat services are reframed. The Regulation attributes great importance to discipline and precautionary measures. A whole fifth section entitled ˝Discipline and Order˝, consisting of 17 articles, is reserved for the realisation of discipline and order in the ports. The Regulation has other provisions in other sections concerning the obligation to give prior notice in order to promote precautionary measures.
The Obligation to Give Notice when Entering the Port Zone
Ships and vessels weighing under 300 Gross Tons (˝GT˝) used for touristic activities such as excursions, entertainment or sport, and ‘home trade’ fisherman boats which approach the shore facilities assigned to them are not subject to the obligation to give notice. However the obligation to notify has been adopted concerning Turkish or foreign flagged ships or vessels navigating internationally (Article 9) as well as Turkish and foreign flagged ships carrying dangerous loads (Article 18). According to Article 9, the abovementioned ships and vessels are obliged to give notice twenty-four hours before entering the port zone, or if the navigation duration of the ship or vessel to enter the port zone is less than twenty-four hours after leaving the relevant port facility. Ships navigating internationally and carrying dangerous loads are also subject to complete the Dangerous Load Manifest Form and must notify the port authority in writing. Pursuant to the Regulation, ships carrying petroleum and derivatives thereof or other harmful and dangerous substances should carry out the necessary notifications to the port authority and bear the financial obligations required by the international agreements to which Turkey is a party. The Regulation specifies the administrative sanctions, which shall be applied upon violation of these provisions.
Dangerous Substances
The Regulation stipulates that ships carrying dangerous substances are within the obligation to notify an must adhere to the rules which should be applied and precautions which should be taken by the shore facility. Docks, piers, storehouses and warehouses allocated to explosive, inflammable, combustible and other dangerous substances shall be designated by shore facility management. The loading and unloading of the ships carrying dangerous substances shall take place in the docks and piers reserved for them. Further, if the unloaded, dangerous substance cannot be stored in the dock or pier it must be removed from the shore facility within the shortest possible period of time. In addition to regulating dangerous substances, the Regulation aims to provide a uniform organisation and prevention system by adopting rules which shall be followed and specifying preventive actions which shall be taken by the shore facilities (Article 19). This article comprises elements on prevention such as instalments and equipment for the loading or unloading of bulk fuel and an emergency discharge plan.
Berthing and Anchoring Rules
Rules on berthing and anchoring have been regulated in a comprehensive manner for ships subject to the obligation to give notice. Pursuant to Article 10 (1), the ships and vessels in question cannot berth or anchor without obtaining a waybill. No waybill can be obtained for ships and vessels that have more than twenty-four hours remaining on the expected arrival time affirmed in the general declaration during that time. Article 10 (2) excludes from this obligation ships and vessels that frequently berth and anchor, as well as those that provide certain listed services. To achieve uniform organisation and order, several circumstances have been taken into account while formulating the rules to which the ships and vessels must adhere in cases where there is no berthing space available.
Pilotage and Towing Boat Services
Article 13 of the Regulation requires the presence of a maritime pilot in certain ships and vessels. Tankers weighing over 500 GT, all ships and vessels transporting dangerous substances, Turkish flagged ships and vessels weighing over 1000 GT, foreign flagged ships and vessels weighing over 500 GT and foreign flagged commercial and private yachts weighing over 1000 GT which come alongside or leave the shore facility are obligated to use a maritime pilot. All foreign flagged military ships, when entering or leaving non-military shore facilities, are obligated to use a maritime pilot.
Special Provision for İstanbul and İzmit Port Authorities
Article 41 of the Regulation lays out special provisions on Turkish and foreign military ships visiting the İstanbul Port Authority. It also specifies that passenger ships can anchor in Dolmabahçe on the condition they obtain prior authorisation. Special principles have been adopted concerning the modes of transport of dangerous substances between the European and Asian sides in order to promote security. Also, limitations have been introduced concerning height restriction in the Istanbul and Izmit Port Authorities. For the Istanbul Port Authority it is stipulated that the ships and vessels which have a height greater than 58 meters cannot pass through. Ships and vessels whose height is between 54 and 58 meters can only pass through the Bosphorus accompanied by towing boats, the number and strength of which will be defined by the port authority. A similar rule concerning height restriction has been brought for İzmit Port Authority. Concerning traffic safety, situations of decreased visibility distance is also been regulated by the Regulation.
Powers of the Port Authority
According to Article 8 of the Regulation, the relevant personnel of the ships and vessels which navigate in a port’s administrative zone, which are in the shore facility or which wait at anchor, as well as relevant personnel in the shore facility or other relevant persons, are obligated to follow the directions within the scope of the Regulation and national or international statutory provisions given by the port authority regarding navigation, security of life, property and environment safety and security. The Regulation accords power to the port authority in order to fill the gaps in the security and prevention rules which are not governed in the Regulation. The shore facility operator is subject to the directives of the port authority in conformity with the Regulation and statutory provisions. In addition, in emergency situations pilotage and towing boat organisations should follow the directions of the port authority. Even though the Regulation has adopted uniform rules, it has also accorded some discretionary powers to the port authority for the conditions related to navigation, safety, life, property and environmental safety which may arise. Further, pursuant to Article 22 entitled ˝Matters Subject to the Authorisation of the Port Authority˝, prior authorisation of the port authority is necessary for activities such as buoying, diving, seabed and underwater studies, seabed dredging and similar activities within the port administrative zone. In accordance with the Article 38, the port authority has the duty and authority to inspect in the port. Article 10 (i) stipulates that port authority approval is required for the berthing and departure of tankers carrying LPG, LNG combustible and inflammable explosive loads to the shore facilities at night.
Conclusion
The port regulation in question aims to install a balance between Turkish ports in terms of competition, effectiveness and security, and promotes uniformity. The Regulation is aimed at sustaining the continuity of efforts related to taking initiatives, renovation, investment and the augmentation of effectiveness. It is expected that by granting limited discretionary capacity to the port authority, within the framework of the general rules, the Regulation will have a positive impact on transparency and efficiency, and hence will encourage an increase in the volume of sea trade.
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