ADMINISTRATIVE TRIBUNAL OF NAVEGATION DECRECT N° 6.881 Regulation.
Bs. As., 31/12/71
VISTO is informed by the Commander-in-Chief of the Navy, as proposed by the Ministry of Defence, and
That Act No. 18,870 established the Administrative Tribunal for Navigation, with the aim of establishing the emerging professional responsibilities of navigational accidents and attributable to the personnel of the merchant marine.
That it is necessary to determine clearly what the facts must give rise to the formation of a case before the Tribunal, coordinating the tasks that the Tribunal will carry out with which in the future will be entrusted to the Argentine Naval Prefecture;
It is also essential to regulate certain aspects of the law, in order to provide details of the procedure to which the Tribunal will adjust in its performance;
OF ARGENTINA NATION
RIGHT: Article 1 -
Approve the body of accompanying provisions, which constitutes the Regulation of Act No. 18,870, establishing the Administrative Tribunal for Navigation. Art. 2o -
From the date on which the Court incited its performance, other tribunals may not be established in the Argentine Naval Prefecture to deal with the facts in which the Court, by application of the prescript of article 40 "in fine" of Law No. 18,870, decides that it is not appropriate to order the investigation of case. Art. 3o -
Communicate, publish, give to the National Directorate of the Official Register and arch yourself at the Ministry of Defence (Comando en Jefe de la Armada - Tribunal Administrativo de la Navigation).
Pedro A. J. Gnavi.
José R. Cáceres Monié.
Ismael E. Bruno Quijano.
Regulation of Law No. 18,870 of the ADMINISTRATIVE TRIBUNAL
Article 1 - The Administrative Tribunal for Navigation established by Act No. 18,870 shall partially exercise, in accordance with the provisions of the Act and by this regulation, the administrative jurisdiction of navigation attributed to the Commander-in-Chief of the Navy by article 26, paragraph 23 of the Act on the organization of ministries No. 18,416.
Article 2 - The Administrative Tribunal of Navigation shall have the jurisdiction assigned to it by article 2 of Law No. 18,870, also pronouncing in the accidents of navigation occurring to Argentine vessels in ports and foreign waters.
Article 3 - For the purposes of Article 3 of the Law, the staff of the merchant marine shall be considered not only to the permanent endowment, but also to the persons who embark to advise the captain on navigation, manoeuvres or regulations, such as the practical and Baqueans.
The staff of the merchant navy shall be subject to the Administrative Tribunal for Navigation, in the case of acts covered by article 5 of Act No. 18,870, but in these cases the jurisdiction of the Tribunal shall be exercised exclusively in the area specified by article 2 of the same Act.
With regard to the staff of the national merchant mariner, the Tribunal will also have the competence as a result of article 2 of this regulation.
When the evidence collected by the Tribunal reveals a record of those that might arise imputable responsibilities to persons who are not subject to the jurisdiction of the Tribunal, the Tribunal, concluded that it is the case, will refer the aforementioned background to the Argentine Naval Prefecture, for the purposes of the intervention that might eventually correspond to it. In such cases, if such persons had to testify before the Tribunal, they would not be required to do so under the oath of telling the truth, even if they could be called upon to proceed with it.
Article 4 - The jurisdiction of the Administrative Tribunal for navigation is exclusive of the jurisdiction attributed to the Argentine Naval Prefecture by article 5 (b), paragraph (1), of Law No. 18,398, in cases where the Tribunal decides that there is merit to initiate case before it. The Argentine Naval Prefecture shall be responsible for establishing the responsibilities of a professional nature and applying the penalties referred to in article 4 (a) of Law No. 18,870, in cases where the Court finds that, of less gravity or importance of the same, it does not proceed to order the investigation of case, in use of the faculty that is agreed to in article 40 "in fine" of the law mentioned in the last term.
When the Tribunal judges the performance of the staff member of the foreign merchant mariner, its pronouncement shall be limited to declaring the emerging professional responsibilities of the facts investigated, communicating pronouncement to the competent authorities.
Article 5 - No regulation.
Article 6 - The imprudence, imperfection or negligence of the personnel responsible, directly or indirectly, of an accident of navigation, as well as the non-observance of the laws, regulations and ordinances applicable in each case, shall only be considered by the Tribunal when they affect the professional suitability of the accused. Where this does not occur, the provisions of the second paragraph of article 6 of the Act shall apply.
Article 7 - No regulation.
Article 8 - The Administrative Tribunal for Navigation shall consist of six members, including its president. The members of the Tribunal shall govern the conditions set out in article 8 of Act No. 18,870.
The Tribunal will only serve with the assistance of all its members. The vowel referred to in article 8 (e) of the Act shall be appointed after the Tribunal, in accordance with article 40, has determined that the ordering of the case is appropriate.
Article 9 - In the cases provided for by Article 9 of Law No. 18,870, the temporary replacement of the President of the court shall be appointed by the Commander-in-Chief of the Navy and shall act with the name of Acting President. The same procedure will be followed when, for the same reason, the temporary replacement of any of the vowels should be made.
Article 10. - No regulation.
Article 11. - For the purposes of the first renewal of the Tribunal, the vowels indicated in article 8 (a) and (c) of the Act shall remain in the exercise of their posts for one year, and may be re-elected. In cases of sickness, renunciation or incapacity of any of the vowels, which would prevent him from continuing in his functions, a replacement shall be designated, in the manner specified in article 10 of the law, until the period for which the vowel to whom he replaces is completed.
The members of the Tribunal, including that indicated in article 8 (e) of the Act, may be removed by the authority which appointed them, on the grounds of serious inconduct or for poor performance in the exercise of their functions, upon investigation to be instructed in the jurisdiction of the Commander-in-Chief of the Navy, to prove the existence of the cases invoked. Vows removed for these reasons may not be proposed in the future to integrate the Tribunal.
The views expressed by the vowels upon issuance of specific cases submitted to the Tribunal may not be invoked to justify their removal by ill-performance of the position, unless manifested arbitrariness in the exercise of their functions.
Article 12. - No regulation.
Article 13. - No regulation.
Article 14. - No regulation.
Article 15. The incompatibility referred to in article 15 of the Act should be raised by the party concerned in its first submission to the court. If at that time the existence of incompatibility is ignored, it shall be raised within five days of its knowledge, but always before the certification by the Registrar referred to in article 74 of the law.
Incompatibility will be resolved following the procedure set out in article 17 of the Act. In the event of the Court ' s determination of its existence, the case shall be forwarded to the Commander-in-Chief of the Navy, in order for the competent authority to terminate the appointment of the contested member.
Article 16. - For the time limit referred to in the last part of article 16 of the Act, as for all other periods specified by the Act or by this regulation, the working days for the National Administration shall be computed only. In the proceedings to be conducted by the Tribunal, only the time limits set by law may be exceeded when the reasons for force majeure justify it.
Article 17. - No regulation.
Article 18. - No regulation.
Article 19. - No regulation.
Article 20. - The Tribunal ' s hearings shall have free access to the public, except when the President, for substantial reasons, renders otherwise available. In the use of the powers conferred by article 20, subparagraphs (a) and (g), of the law, in order to maintain order at the meetings and without prejudice to the criminal or contraventional actions to which there may be any place, the President may order that any person who, with his or her actions or expressions, may withdraw from the premises, demanding, if necessary, the assistance of the public force.
If the incident is caused by any of the defence counsels, the President shall draw his attention by calling on him to be conducted with messure: this without prejudice to the prescript of the preceding paragraph.
The President may also order the words or expressions decommissioned by the Secretariat, or that they do not keep the proper style, in writings submitted to the Tribunal; or have the non-inclusion of such expressions, in the records to be broken.
At the request of the President, the disciplinary sanctions that may be applicable to the members, officials or employees of the Tribunal from the Argentine Navy or the Argentine Naval Prefecture will be applied by the authorities of those institutions with the power to impose them.
The President may directly impose on the remaining members, officials or employees of the court, the penalties for each situation, the respective statutes or the applicable rules.
As for the vowel referred to in article 8 (e) of the law, the penalties to be applied by the President shall be perceived, which the President shall be described as serious or mild, and shall be recorded in the respective background of the person concerned. The repetition of offences resulting in the penalties of the said vowel may determine that the Commander-in-Chief of the Navy provides that the offender may not henceforth be included in the treasury mentioned in article 10 (b) of the Act.
Article 21. - No regulation.
Article 22. - No regulation.
Article 23. - No regulation.
Article 24. The incompatibility referred to in article 24 of the Act shall be raised and resolved in accordance with the procedure set out in article 15 of this regulation.
Article 25. - No regulation.
Article 26. - No regulation.
Article 27. - The Prosecutor ' s Office shall execute the requirements of the staff of the Procurator ' s Office to the Commander-in-Chief of the Navy, and may relinquish the designations between the military personnel in activity or in retirement under that Command, or between the civilian staff, in the appropriate hierarchies and quantities.
Article 28. - In the event of the absence, illness or temporary impediment of the Registrar, it will be replaced by an officer of the Argentine Navy who meets the requirements set out in articles 28 of the law. The Acting Secretary shall be appointed by the Commander-in-Chief of the Navy.
The Registry of the Tribunal, in addition to its general functions, shall have the following:
(a) To carry out the work entrusted to it by the President and the members of the Tribunal through the Registrar;
(b) To carry the books of Table of Entry and Departures of all the documents that are dealt with before the court;
(c) Carry out the control and inventory of all publications issued to the Tribunal;
(d) Receiving, classifying, distributing and discarding correspondence;
(e) To carry out the tasks entrusted to it in connection with the publication, distribution and archive of the Special Bulletin provided for in article 93 of the Act;
(f) To be responsible for the preservation and custody of the documentation to be stored in the Tribunal;
(g) Carrying out the register of lawyers who may be appointed as public defenders.
Article 29. - The Registrar of the Administrative Tribunal on Navigation shall depend directly on the President of the Tribunal and, in addition to the special functions assigned to him under article 29 of the Act, shall have the following:
(a) Notify the parties concerned of the decisions of the Tribunal and confer the hearings ordered by the Tribunal;
(b) Understand in all matters relating to the organization and operation of the Special Bulletin referred to in article 93 of the Act;
(c) Add to each case the appeals, expertise, trades and, in general, similar documents and actions.
(d) To monitor the prosecution of cases and verify compliance with legal deadlines, informing the President of the developments.
Article 30. The Registrar shall make to the President of the Administrative Tribunal for Navigation the requirements of the staff required for the Secretariat. For the designation of such personnel, the provisions of article 27 of this regulation shall apply.
Article 31. - When the navigational accidents occur outside the jurisdictional waters of the Nation, the captains shall have the obligation to communicate them immediately and by the fastest means to the Argentine Naval Prefecture and the consular authority specified in article 31 of the law for the purposes of their intervention.
Article 32. - The intervention of the consuls, in the cases provided for in article 32 of the law, shall be without prejudice to the initiation of proceedings by the Argentine Naval Prefecture for the same occurrence, limiting the task of those to gather the elements of judgment that may disappear before the Prefecture investigates the events that occurred.
Article 33. - No regulation.
Article 34. - No regulation.
Article 35. - No regulation.
Article 36. - No regulation.
Article 37. - For the purposes of the designations of ex officio defenders, the President of the Tribunal shall periodically request to the Treasury of the Nation a nominee of members of the State Lawyers ' corps performing their duties in the Federal Capital. This payroll, which may not contain less than fifty professionals, will not include lawyers who, in the opinion of the aforementioned Procuration, will not be allowed to perform their duties as defenders.
For lawyers on the payroll, defence-related tasks will be mandatory (unless the President of the court appreciates that there are sufficient cases of excuse) and performed free of charge, with priority given to all other functions to be performed by those designated.
The appointment of an ex officio defender will take place in each case a draw between the members of the list referred by the Treasury Procuration. The lawyer who turns out to be uninformed will not participate in a new draw, until all the remaining inscribes have been appointed.
The summons to the public defender shall be made by telegram, which shall be sent to the domicile indicated in the payroll referred to by the Procuration. The non-submission without a justified cause shall be considered a serious fault and shall be communicated to the Procuration for the relevant purposes.
Where the party concerned designates its defence counsel, it may do so by choosing one of the members of the payroll sent by the Procuration, from which the counsels disinstituted or previously elected shall be excluded, who may not be obligatoryly appointed until the remaining inscriptions have been. But if the party concerned chooses a defence counsel among other professionals, they will be responsible for the defence fees and regulated, in the absence of agreement between the parties concerned, by a competent judge.
Article 38. - No regulation.
Rule 39. - In the cases provided for in article 39 of the Act, the President shall choose between one or more members of the Tribunal who, for their technical knowledge of the problem to be investigated, are better able to collect the elements of the trial to be evaluated, in order to determine whether or not the case is appropriate.
The vowel or the vowels designated for this task shall have the collaboration of the Argentine Naval Prefecture and shall be limited to controlling that the summary information meets the necessary background to facilitate the subsequent investigation of the summary before the Prefecture, determining the circumstances of the fact and avoiding the disappearance of evidence.
The instruction of the subsequent summary shall be carried out in these cases, as in the cases contemplated by article 40 of the law, by the Prefecture.
Where an act of those provided for by article 5 of the law and of what has happened have direct knowledge simultaneously of the Tribunal and the Argentine Naval Prefecture, the procedure established by article 40 of the law shall normally be followed without prejudice to the powers of the Tribunal to order by itself or through any or some of the vowels the conduct of certain proceedings.
Article 40. - Attempt for article 40 of the Act and for the provisions of article 2 of this regulation, the Tribunal shall intervene in navigational accidents of greater gravity or importance due to their consequences.
To this end, in all cases provided for by Article 5 of the Law, the Argentine Naval Prefecture shall proceed to instruct summary, in accordance with the rules and procedures of practice.
Where the evidence is gathered in the summary to fully assess how the accident occurred, as well as its seriousness and consequences, it will remove an authenticated copy of the proceedings up to that time, and will upload that copy to the Tribunal, continuing the Prefecture the proceedings of the case in matters concerning which the Tribunal is not to pronounce.
Received the copy referred to in the preceding paragraph, which shall constitute the summary information required by article 40 of the Act, the Tribunal shall, in accordance with the provisions of paragraph 1 and after the opinion of the Prosecutor ' s Office, decide whether or not to investigate the case.
The proceedings of the Prefecture for sailing accidents that, in accordance with the rules of procedure in force in that Partition, shall not be elevated to the Tribunal.
Article 41. - Normally, the complaints referred to in article 41 of the Act shall be filed with the Argentine Naval Prefecture, but may be received by the Tribunal when there is a material impediment to present them to the Tribunal.
Article 42. - When the Tribunal decides that it is not appropriate to order the investigation of the case, it shall be filed in the Secretariat for the proceedings before it and the resolution shall be communicated to the Argentine Naval Prefecture, for the purpose that it, pursuant to article 4 of the present regulation, shall continue the proceedings of the summary, including aspects relating to the emerging professional responsibilities of the accident.
Article 43. - No regulation.
Rule 44. - The accused or interested parties shall constitute a legal domicile in their first submission. The requirements of articles 40 to 42 of the Code of Civil and Commercial Procedure of the Nation shall apply.
Article 45. - No regulation.
Article 46. - No regulation.
Article 47. - No regulation.
Article 48. - No regulation.
Article 49. - No regulation.
Article 50. - No regulation.
Rule 51. The communications to be made by the Tribunal, in the case referred to in article 51 of the Act, shall be the same as article 85 and shall be observed in the same manner as may be held.
In addition, this will be notified to the Argentine Naval Prefecture and will be published in the special newsletter referred to in Article 93.
Rule 52. - No regulation.
Article 53. - The communications or requirements addressed to national judges shall be made through offices signed by the President of the Tribunal, as provided for by the Code of Civil and Commercial Procedure of the Nation.
Where an accused person is required to move from the place where he/she is located to the seat of the Tribunal to provide an inquiring statement, he/she may request that he/she be paid the expenses required for the trip. In these cases, the Commander-in-Chief of the Navy will face the corresponding erogations.
Article 54. - No regulation.
Article 55. - No regulation.
Article 56. - No regulation.
Article 57. - No regulation.
Article 58. - No regulation.
Article 59. - No regulation.
Article 60. - No regulation.
Rule 61. - No regulation.
Article 62. - The police authorities shall be obliged to comply with the requirements of the President of the Tribunal and to provide him with all the necessary cooperation for the performance of his duties.
Article 63. The designations of experts made by the Tribunal shall normally be vested in officials of the State with special knowledge on matters leading to the case.
The President of the Tribunal shall be empowered to directly require any agency of the national administration to appoint staff to perform the functions of expert.
If the parties concerned request the appointment of other experts who do not receive State compensation, the fees of such experts shall be paid by the party proposing them.
Article 64. - No regulation.
Article 65. - No regulation.
Article 66. - No regulation.
Article 67. - No regulation.
Article 68. - The evidence collected in the case instructed by the Argentine Naval Prefecture, in accordance with article 40 of this regulation, shall have equal force as those submitted to the Tribunal itself, without prejudice to the extensions or clarifications it deems appropriate to practice.
Article 69. - No regulation.
Article 70. - No regulation.
Article 71. - No regulation.
Article 72. - No regulation.
Article 73. - No regulation.
Article 74. - No regulation.
Article 75. - No regulation.
Article 76. - No regulation.
Article 77. - No regulation.
Article 78. - No regulation.
Article 79. - No regulation.
Article 80. - No regulation.
Article 81. - No regulation.
Article 82. - No regulation.
Article 83. - No regulation.
Article 84. - No regulation.
Article 85. - No regulation.
Article 86. - No regulation.
Article 87. - No regulation.
Article 88. - No regulation.
Article 89. - No regulation.
Article 90. - No regulation.
Article 91. - No regulation.
Article 92. - No regulation.
Article 93. - The Commander-in-Chief of the Navy may order that the special bulletin referred to in article 93 of the law, for appropriate dissemination in the medium to which it is intended, be included as an annex to any of the publications published by the Argentine Naval Prefecture.
Art. 94. - No regulation.