Maritime Law Essentials: Navigation, Salvage and MARPOL Rules
Seaworthiness Certificate
Seaworthiness is the certificate of seaworthiness, which accredits that the craft complies with the regulatory conditions required and gives evidence of the knowledge of the classification and the next fixed date of the inspection. It is always issued by the Maritime Administration, first verifying the initial inspection of all vessels except those marked "C", which are exempt themselves, and the expedition of the certificate is automatic.
Collision: Definition and Legislation
According to the International Regulations for Preventing Collisions at Sea (COLREGs) and the Brussels Convention, a collision is any event against anything else at sea. The competent authorities (maritime authority or Safety at Sea) must be notified, and the captain must file a protest before the corresponding court, along with the log or license.
Daily Navigation Logbook
The logbook is a book with numbered pages and a signed note of the number of folios it contains. The captain records in it the vicissitudes that occur during navigation, and the logbook details the navigation data, entries, annotations and so on. Disciplinary measures during navigation are the exclusive competence of the captain, who must note them in the official logbook.
Meaning of the Flag Signal QBC
The flag Q (Quebec) is a yellow square flag. Its meaning is: "My ship is healthy and I request free pratique." The flag Oscar is half red and half blue (two rectangular triangles). It is displayed in the water and means "man overboard."
Territorial Waters
The territorial sea is the extension of the sovereign state over the water, air space, subsoil and aerospace. The baseline is the line drawn at low tide or the sea-based line of the territorial area, where there are base lines. The territorial sea extends 12 nautical miles from the baseline. A vessel has the right of innocent passage in these waters.
Principal Maritime Administration
The principal maritime administration depends on the Ministry of Public Works and Transport. It has a series of delegations at the local and central levels, formerly named Harbour Masters' offices. Each port has a principal maritime administration office. Its functions are divided into three main areas: maritime inspection, registration and general maritime affairs, and maritime safety and pollution control.
Legal Difference Between Towage and Salvage
The legal difference between towage and salvage is the presence or absence of danger. Towage without danger is a towing service; towage with danger is salvage. There are two types of towage: casual towage and contract towage, in which the towing vessel has the right to an award. If maritime adventure results in success, remuneration is agreed by the parties, but may not exceed one third of the value of the towed vessel. The remuneration may be agreed by the parties, or determined by the competent maritime authority (Central Maritime Court), and is typically distributed two thirds to the owner and one third to the crew.
MARPOL Convention on Discharges and Waste
The MARPOL Convention is the international convention to prevent pollution of the marine and ambient environment. Its main restrictions are in Annexes 1, 4 and 5. Annex 1 covers prevention of oil and water pollution (prohibiting discharge of oil). Annex 4 covers prevention of sewage pollution from ships (prohibiting dumping, installation and storage of chemicals in MARPOL containers). Annex 5 covers prevention of pollution by garbage from ships: plastics are prohibited at any distance from the coast; paper, rags, glass, metals, bottles, crockery and similar items are prohibited within 25 miles; other shredded or ground garbage is prohibited beyond 3 miles; food waste that is not shredded is prohibited beyond 12 miles; and shredded or ground garbage is prohibited beyond 3 miles.
International Code of Signals
The international code of signals describes the flags with an alphabetical composition of 24 letters, two letter flags, ten numeric flags, three repeaters and one substitute flag. The letter flags correspond to A (Alpha) and B (Bravo). Signals can be given by flags, by sound signals (whistles) and by radio voice, with or without flags.
Baselines
The baseline is the line from which the territorial sea is measured. It is the line along the natural entry points of a bay at low tide, measured in a straight line of up to 24 nautical miles. Waters on the landward side of the baseline are internal waters. Baselines are regulated by decree and are drawn within national boundaries.
Salvage: Definition and Regulations
Under the COLREGs and the International Convention on Salvage of 28 April 1989, salvage is any act or service rendered to a vessel in danger at sea, cargo or freight. It is essential that there be danger and that the salvage be voluntary. Salvage is governed by legal and moral obligations as long as the danger continues and there is no rescuer. There are two types of salvage: required (by legal mandate) and voluntary (without such mandate). If a voluntary salvage operation succeeds, the salvor is entitled to compensation for damage and losses, an award (depending on the value of the vessel saved) and the remuneration, which may be agreed by the parties or determined by the Central Maritime Court. The distribution is typically one third to the owner and two thirds to the crew who performed the salvage. There are exceptions where towage is contracted to vessels of the same owners.
Meaning of the Flag Signal Lima
The flag L (Lima) is the first flag with two black squares and two white ones, shown in Morse code as .-.. Its meaning is that the vessel must stop immediately; it is the pair flag.
Periodic Inspections
Vessels under 6 meters appear on the list 7 of life and are inspected once in the boat's life. Vessels from 6 to 15 meters on the list 7 are inspected once every 5 years and an inspection in the water. Vessels from 6 to 15 meters on the list 6 are inspected once in the first year, a second revision in the second year, and can be dry-docked. Vessels from 15 to 24 meters on lists 6 or 7 are inspected once every 5 years, with another inspection a year or two later in the water. Vessels over 24 meters are inspected under the commercial vessel regulations.
Maritime Administration: Harbour Master Functions and Categories
Local delegations are the central administration in each province, and each province has a harbour master and maritime districts depending on it. Its functions are divided into three main areas: maritime inspection (maintenance, shipbuilding, radio and operational inspection); registration and general maritime affairs (port state control of commercial vessels, registration of new constructions and scrapping); and maritime safety and pollution control (maritime traffic and maritime pollution).
Salvage: Concept, Rights and Effects on Property
Salvage is defined as any act or service rendered to a vessel in danger at sea, cargo or freight. The essential requirements are the existence of danger and voluntary assistance. Salvage is governed by legal and moral obligations as long as the danger persists and there is no rescuer. Salvage is required (by legal mandate) or voluntary (without such mandate). A successful voluntary salvage operation entitles the salvor to compensation for damage and losses to the vessel, an award based on the value of the property saved, and remuneration, which may be agreed by the parties or determined by the Central Maritime Court. The distribution is typically one third to the shipowner and two thirds to the crew who performed the salvage. There are exceptions where towage is contracted to vessels of the same owners.
Exclusive Economic Zone
The exclusive economic zone (EEZ) covers the sea area beyond the territorial sea, measured from the baseline. It extends up to 200 nautical miles from the coast. The coastal state has limited sovereign rights over the exploitation and exploration of natural resources.
Registration of Pleasure Craft Under 24 Meters
Pleasure craft under 24 meters may be registered in the book of list 6 or 7 (list 6 for vessels used for commercial purposes with lucrative aims, and list 7 for vessels used for non-commercial, non-profit, recreational purposes). The first step is to request a registration form and photograph the vessel, which is submitted to the Harbour Master with the boat data and characteristics. Required documentation includes: the purchase invoice including tax; a photocopy or original of the engine manual and certificate (from the producer unless from the EU); the special tax liquidation document; a photocopy of the ID card; the CIF or NIF; permission for the installation of radio equipment if the vessel is under 7.50 meters and the engine is 25 hp or less; and the fee payment receipt to the tax authority. If the vessel is second-hand and manufactured in Spain, a replacement invoice or VAT sales contract and proof of payment of capital transfer tax are required. If the vessel is new from the EU, the purchase invoice and proof of VAT payment are required. If the vessel is second-hand from the EU, a certificate of registration from the country of origin is required. If the vessel is new and not from the EU, customs clearance is required. If the vessel is second-hand and not from the EU, a certificate of registration from the country of origin and customs clearance are required.
Towage: Remuneration and Distribution
Towage with danger is salvage. There are two types of towage: casual towage and contract towage, in which the towing vessel is entitled to an award. If maritime adventure succeeds, remuneration is agreed by the parties but may not exceed one third of the value of the towed vessel. The remuneration may be agreed by the parties or determined by the competent maritime authority (Central Maritime Court), and is typically distributed two thirds to the owner and one third to the crew.
Contiguous Zone: Characteristics and Limits
The contiguous zone is the adjacent area of the territorial sea that extends up to 24 nautical miles from the baseline, beyond the territorial sea of 12 miles. The coastal state may take control measures to prevent infringements of its laws within its territory, even though it is a zone for public use.
Towage and Salvage: Differences
The legal concepts of towage and salvage are often ambiguous and similar in practice. Legally, salvage is a service rendered at sea or in internal waters to a vessel, aircraft or other persons, or to another vessel, aircraft or things, when persons on board are in danger, with the aim of removing them from the danger. There are several types of salvage: required salvage (by legal mandate, when a vessel founders and persons are in danger, and mutual assistance in collisions) and voluntary salvage (no legal obligation to provide it, spontaneous salvage, or salvage under an express contract). When salvage produces a result for property (boat, freight, etc.), the salvor is entitled to compensation for damage and an award. Remuneration depends on the salvaged property: the award is calculated based on the value of the salvor's merits and the value of the property saved; the remuneration is what is agreed by mutual agreement or determined by the court or sea authority; and the distribution is one third to the shipowner and two thirds to the crew, with their wages preferentially determined by the court. Towage remuneration is governed by the same rules as salvage. The sea captain's declaration documenting the incident must be completed on the vessel, describing the circumstances, and including the navigation details that match the daily logbook. It is mandatory in cases of shipwreck, collision, or loss of cargo.
Compulsory Civil Liability Insurance
Compulsory civil liability insurance is required for pleasure craft. It covers civil liability for damage to persons and property that arises from collisions, ports and maritime installations, and damage caused by other vessels in use. It does not cover certain towage operations contracted under policies.
Meaning of the Flag Signal Kilo
The flag K (Kilo) has two transverse blue and white squares, with a blue and yellow pattern. In Morse code it is -.- and means "I wish to communicate with you" or "invitation to communicate."
Discharge Regime and Sea Waste for Pleasure Craft
Pleasure craft are governed by Order FOM/1144/2003 of 28 April and by Annexes 1, 4 and 5 of the MARPOL Convention. The rules are the same as those described above: oil and water pollution, sewage, and garbage restrictions, including prohibitions on plastics at any distance from the coast and limits on other waste by distance from land.
Vessel Enrollment Procedure
Each vessel receives an individual alphanumeric identification code. The composition includes the maritime province (corresponding letters), the maritime district (numbered), the page, and the year. Vessels under 2.5 meters are not enrolled. The documentation required for registration is the same as for the registry of pleasure craft: purchase invoice, engine manual and certificate, special tax document, ID card, CIF or NIF, radio installation permission if applicable, fee payment receipt, and the request form. The same rules apply to new and second-hand vessels, from Spain, the EU, or outside the EU.
Ship Registry: Nature, Organization and Content
There is a central registry directed by the General Directorate of the Merchant Navy, which keeps a central register of all vessels and knowledge of the possibilities of dual use. The system and compulsory registration of vessels is in the Sea Registry and once in the Registry of Movable Property (prior registration in the SEA Registry). The registry is organized into the regular sea registry (central registry and registries of each maritime captaincy) and the special sea registry (for vessels and shipping companies of the Canary Islands).
Acknowledgement and Inspection of Pleasure Craft: Classes of Inspection
Vessels under 6 meters appear on list 7 of life and are inspected once in the boat's life. Vessels from 6 to 15 meters on list 7 are inspected once every 5 years and an inspection in the water. Vessels from 6 to 15 meters on list 6 are inspected once in the first year, a second revision in the second year, and can be dry-docked. Vessels from 15 to 24 meters on lists 6 or 7 are inspected once every 5 years, with another inspection a year or two later in the water. Vessels over 24 meters are inspected under the commercial vessel regulations.
Waters: Definition and Internal Waters
Waters are defined by the COLREGs. Internal waters are the waters on the landward side of the baseline, comprising inlets, bays, roads and so on. The state has full sovereignty over internal waters, as if they were part of the land, and may prohibit navigation in certain waters. Navigation in internal waters is subject to the state's regulations, independent of the vessel's registration.