Official Journal of the Federation on June 1, 2006
Last reform published in the DOF January 23, 2014
VICENTE FOX QUESADA, President of the United Mexican States, to its inhabitants known:
That the Honorable Congress of the Union, has served to address the following
"THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, DECREES:
THE MARITIME NAVIGATION AND COMMERCE LAW IS EXPIDE.
ONLY ARTICLE-The Maritime Navigation and Trade Act is issued.
LAW ENFORCEMENT SCOPE
Article 1.- This law is of public order and aims to regulate the general routes of communication by water, navigation, protection and services that in they lend themselves, the Mexican merchant navy, as well as the acts, facts and goods related to the maritime trade.
The ships and naval vessels of military use, belonging to the Navy Secretariat, are exempt from the provisions of this Law.
Article 2.- For the purposes of this Law:
I. Secretariat: The Secretariat for Communications and Transport.
I Bis. SEMAR: The Secretary of the Navy;
II. Navigation: The activity of a vessel, to be moved by navigable waterways from one point to another, with direction and purposes determined.
III. Maritime trade: The activities carried out by commercial and maritime exploitation of vessels and naval vessels in order to transport persons, goods or things by water, or to carry out an activity in the aquatic environment exploration, exploitation or capture of natural resources, construction or recreation.
IV. Boat: All construction designed to sail on or under waterways.
V. Naval artifact: Any other fixed or floating structure, which without having been designed and constructed to navigate, is susceptible to being displaced on the water by itself or by a vessel, or constructed on the water, for the compliance with its operational purposes.
VI. Merchant Marine: The assembly consisting of the natural or moral persons, vessels and naval artifacts that conform to the applicable law, exercise or intervene in the maritime trade.
VII. Marine Pollution: The introduction by man, directly or indirectly of substances or energy in the marine environment which produce or can produce harmful effects on life and marine resources, on human health, or the legitimate use of the general means of communication by water in any type of activity, in accordance with the International Treaties.
VII Bis. Maritime Protection and Port: The measures, mechanisms, actions or instruments that allow an acceptable level of risk in the ports and in the administration, operation and port services, as well as in the marine activities, in the terms that establish the international treaties or conventions in which Mexico is a party to Maritime and Port Protection;
VII Ter. CUMAR: The Unified Center for Maritime and Port Protection established in the Ports Act;
VIII. Owner: the natural or moral person who holds the actual right of ownership of one or more vessels, and/or naval artifacts, under any legal title.
IX. Naviero or shipping company: Armor or shipowner, in a synonym way: the natural or moral person who, having under his or her ownership or possession, one or more vessels, and/or naval artifacts, and without necessarily constituting their activity principal, perform the following functions: equip, avituallar, supply, crew, maintain in a state of navigability, operate on its own and operate vessels.
X. Operator: The natural or moral person, who does not have the quality of the owner or the ship, celebrates in his own name the contracts of use of ships and/or naval artifacts, or of the space of these, which in turn, has contracted with the owner, vessel or owner.
XI. International Treaties: the International Treaties on the subject in which the United Mexican States are a party.
XII. Scrapping: The dismantling of a vessel and the separation of its structural elements, hull and covers, as well as the total, deliberate and methodical destruction of the vessel.
XIII. Dragado: Retreat, movement and/or excavation of floors covered or saturated by water. Action of delving and cleaning to maintain or increase the depths of ports, waterways or land saturated by water; clean swampy land, opening ditches that allow the free flow of water; eliminate in areas where it is project structures, poor quality soils.
XIV. Pilotage or pilotage: It is the activity performed by a natural person of Mexican nationality by birth, called practical or pilot of port, consisting of conducting maneuvers of entry, exit, anchorage, amendment, docking or undocking with the vessels, in order to preserve human life, the marine environment, the safety of vessels and port facilities in the pilot areas.
XV. Pilot area: Ports, terminals, offshore terminals, marinas, port facilities, navigation channels, anchorage areas, safety areas and navigable waterways, demarcated and those in which the Piloting.
Article 3.- Are General Waterways Communication by Water or Waterways:
a).- The territorial sea, exclusive economic zone and inland marine waters;
b).- The navigable rivers and their tributaries, including vessels, lakes, lagoons and navigable steels, as well as channels intended for navigation, provided that they are communicated permanently or intermittently with the sea, or that in whole or in part they serve as a limit to the national territory, or to two or more federative entities, or that they pass from one federative entity to another, or cross the dividing line with another country; and
c).- The vessels, lakes, inland waterways.
Article 4.- It is from federal jurisdiction everything related to the general routes of communication by water, or waterways, navigation and maritime commerce in the inland marine waters and in the Mexican marine areas and, in general, all the acts and acts carried out therein.
For the purposes of this law, vessels and naval vessels shall be subject to an identical regulation, with the exception of those referred to in Article 10 (1), e) of this Law.
Article 5.- Mexican vessels and naval artifacts will be subject to compliance with national legislation, even if they are outside the waters of Mexican jurisdiction, without prejudice to the observance of foreign law, when they are in waters under another jurisdiction.
Vessels and foreign naval vessels that are in the general lines of communication through Mexican waters will be subject to that fact, to the jurisdiction and compliance with national law.
Article 6.- In the absence of any express provision of this Law, its regulations and the International Treaties shall be applied according to the subject matter:
I. General Law of National Goods;
II. Federal Law of the Sea;
III. Ports Act;
IV. The Code of Commerce and the General Law of Titles and Credit Operations;
V. The Federal Economic Competition Act;
VI. The Federal Administrative Procedure Act;
VII. The Federal and Federal Civil Procedure Codes;
VIII. The Law of the Insurance Contract and the General Law of Mutual Institutions and Societies of Insurance;
IX. The Federal Labor Law; and
X. International maritime uses and customs.
Article 7.- The maritime authority in the matter of Merchant Navy, is exercised by the Federal Executive through:
I. The Secretariat, by itself or through the port capitanies;
II. The captains of Mexican merchant vessels; and
III. The Mexican consul abroad, accredited in the port or place where the vessel is located that requires the intervention of the Mexican maritime authority, for the cases and effects that this Law determines.
Article 8.- They are the privileges of the Secretariat, without prejudice to those corresponding to other dependencies of the Federal Public Administration:
I.- Plan, formulate and conduct policies and programs for the development of water transportation and the Merchant Navy, in accordance with the provisions established in this Act;
II.- To intervene in the negotiations of the International Treaties on maritime matters; to be the implementor of them in the field of their competence, and to be their interpreter in the administrative sphere;
III.- Organize, promote and regulate the training and training of Merchant Navy personnel;
IV.- Integrate the statistical information of the merchant fleet, transportation, and accidents in Mexican waters;
V.- Flag and register vessels, as well as Mexican naval artifacts and carry the National Maritime Public Register;
VI. Grant permits and navigation authorizations to provide services in general water communication pathways, as well as certificates of competence, in the terms of this Act; monitor their compliance and revoke or suspend them;
VII.- Grant concessions for the construction, operation and operation of waterways, in the terms of the respective regulations;
VIII.- Regular and monitor that the general waterways of communication by water and navigation, comply with the conditions of safety and maritime signaling;
IX.- Regular and monitor the safety of navigation and human life at sea, as well as auxiliary to the Secretary of the Navy within their respective areas of competence;
X.- Organize, regulate, and, where appropriate, provide navigation, maritime radio communication, and maritime traffic control services;
XI.- Establish and organize a surveillance, security and relief corps for inland waterway navigation;
XII.- Regular and monitor that the piloting service is provided safely and efficiently in accordance with this Law and its regulations;
XIII.- Inspect and certify in Mexican vessels, compliance with International Treaties, national legislation, regulations and Mexican official standards for safety in navigation and human life at sea, as well as for the prevention of marine pollution by vessels;
XIV.- Inspect foreign vessels, in accordance with international treaties and conventions;
XV.- Grant authorization of inspectors to natural persons, to perform verification and certification of compliance with what is established by the treaties international, and applicable national law, while maintaining supervision over such persons;
XVI.- To establish the basis for the regulation of tariffs in the provision of maritime services in the national territory, including those of coastal and internal waters, where in the opinion of the Federal Competition Commission there are no effective conditions of competition;
XVII.- To request the intervention of the Economy Ministry, when it presumes the existence of international commercial practices that violate the law national in the field of external trade, as well as international treaties;
XVIII.- Carry out investigations and actions, as well as designate professional experts professionally in the field in the terms of the respective regulations and issuing opinions on accidents and incidents at sea, river and lake;
XIX.- To assist in the field of its competence with the labor authority, for the fulfillment of the resolution of the marine conflicts of a labor nature;
XX.- To request the intervention of the Federal Competition Commission, when it presumes the existence of practices that violate the Federal Law of Economic Competition; as well as contributing to the relevant research;
XXI.- Impose penalties for violations of this Law, its regulations, and the International Treaties in force in the matters mentioned in this Law; and
XXII.- The others that point to other applicable legal provisions.
Article 8 Bis.- They are the privileges of the SEMAR, without prejudice to those corresponding to other dependencies of the Federal Public Administration:
I. Establish, in coordination with the Secretariat, the Maritime and Port Protection that the CUMAR will apply in accordance with the provisions of the Law on Ports;
II. Direct, organize and carry out the search and rescue for the safeguarding of human life in the Mexican Marine Zones, and
III. Others that point to other legal provisions.
Article 9.- Each enabled port will have a port captaincy, dependent on the Secretariat, with a delimited territorial and maritime jurisdiction; with the following attributions:
I.- Flag and register vessels and naval artifacts, as well as perform the registration of acts in the National Maritime Public Registry;
II.- Grant permits for the provision of maritime passenger and passenger shipping services within the waters of their jurisdiction, with minor vessels, according to the respective regulations;
III.- Authorize arrivals and dispatches of ships and naval artifacts;
IV.- To monitor that navigation, manoeuvres and port services to vessels are carried out in conditions of safety, economy and efficiency;
V.- Monitor that the navigable waterways meet the conditions of safety, depth, maritime signalling and control of maritime traffic in their case, and of aid to navigation;
VI.- Require certificates and inspect any craft, in accordance with the provisions of the previous article's fractions XIII and XIV;
VII.- To certify singladuras, to issue sea librettes and maritime identity of the Mexican merchant marine's embarked personnel;
VIII.- To order the maneuvers that are required of the vessels when the efficiency of the port is affected; to turn the complaints to the Secretariat vessels in relation to the allocation of berth and anchorage positions, for the purpose of the steering resolution;
VIIIa. Order the measures required by the CUMAR, in accordance with the provisions of the Ports Act;
IX.- Coordinate relief and rescue work in the event of accidents or incidents of vessels in the waters of their jurisdiction;
X.- Direct the body of surveillance, security, and aid for inland navigation;
XI.- Carry out investigations and actions of accidents and incidents at sea, port, river and lake relating to vessels that are find within the scope of their jurisdiction, in accordance with the applicable provisions of this Law, and act as an auxiliary to the Public Ministry for such investigations and actions;
XII.- Receiving and processing the work claims of the crew members and the workers of the vessels before the authorities concerned, in the term established in Section II of Article 35 of this Law;
XIII.- Impose the penalties in the terms of this Act; and
XIV.- Other than laws will trust you.
Federal, state and municipal police officers will assist the port captaincy when required, within their respective areas of competence.
In use of its powers, the port captain is the ultimate authority, so he will be prohibited from submitting his decisions to the general government. port.
FLAG AND BOAT REGISTRATION
Article 10.- They are Mexican vessels and naval vessels, the flag-bearers and registered in any port captaincy, at the request of their owner or vessel, after verification of the security conditions of the same and the presentation of the flag resignation of the country of origin, in accordance with the respective regulations.
The ship or naval device will be registered in the National Maritime Register and will be issued a certificate of registration, whose original must remain on board as a probative document of their Mexican nationality.
For registration, ships and naval artifacts are classified:
I.- By use, in boats:
a) Passenger transport;
b) Load transport;
d) Recreational and sports;
e) Shipships and/or naval artifacts of extraordinary specialization, which, by their technology and the services they provide, the crew requires particularly specialised training, or those which are of extraordinary specialisation or technical characteristics which are not likely to be replaced by other conventional technology such as those used for exploration, drilling and wells, early production of hydrocarbons, construction and/or maintenance of marine oil facilities, food and lodging, environmental protection, rescue and public safety.
f) Mixed load and passage; and
II.- By its dimensions, in:
a).- Buque or larger vessel, or major naval device: all that of five hundred units of gross tonnage or greater, that meets the necessary conditions to navigate, and
b).- Buque or minor vessel or minor naval device: all that of less than five hundred units of gross tonnage, or less than fifteen metres in length, if not applicable the measure by tonnage.
Ships that are on Mexican waterways must be registered, registered and registered in a single State, in accordance with the Convention of The United Nations on the Law of the Sea and the other treaties applicable to the matter. As long as they remain on Mexican waterways, they must fly the Mexican flag at the highest point visible from the outside, as long as the weather conditions permit.
Article 11.- Mexican natural or moral persons incorporated in accordance with applicable law may, apply for the flag and registration of vessels and naval artifacts in the following cases:
I. When they are owned by them; and
II. When they are under their possession by means of a financial lease agreement with a Mexican credit institution, or with a foreign authorized to act as such under national law.
Authorised flag, the maritime authority shall make the knowledge of the competent tax authority, the legal business resulting in the ownership or possession of the vessel.
In the flag and registration, ships and naval artifacts must comply with the International Treaties and with the requirements set out in the respective regulations.
Article 12.- The maritime authority, at the request of the owner or ship, will flag vessels as Mexican, prior to compliance with the inspection rules and certification. The maritime authority must also issue a navigation pass while the Mexican registration is processed, in accordance with the requirements laid down in the respective regulations.
Abroad, the Mexican consular authority, at the request of the owner or ship, will provisionally flag vessels as Mexican and, through the expedition A pasavante will authorize navigation for a single trip to Mexican port, where it will process the license plate.
Article 13.- Mexican nationality vessels will be considered:
I.- The flagships and registered under this Law;
II.- Those that cause abandonment in waters of national jurisdiction;
III.- The seized by the Mexican authorities;
IV.- Captured to enemies and considered as good prey; and
V.- Those owned by the Mexican State.
Ships falling within fractions II to V of this Article shall be registered ex officio.
Article 14.- The certificate of registration of a Mexican vessel will have indefinite validity and will be cancelled by the maritime authority in the following cases:
I.- For not gathering safety conditions for navigation and prevention of marine pollution;
II.- By shipwreck, fire or any other accident that makes it impossible to navigate for more than one year;
III.- For total destruction or loss;
IV.- When its owner or holder ceases to be Mexican, except for the case of recreational or sports boats for particular use;
V.- For sale, acquisition or disposal in favor of foreign governments or persons, with the exception of recreational or sports boats for use particular;
VI.- By capture made by the enemy, if the vessel was declared good prey;
VII.- By judicial resolution; and
VIII.- By flag resignation, made by the owner or holder of the registration certificate.
The maritime authority, at the request of the owner or vessel, will only authorize the resignation of the flag and the cancellation of registration and registration of a vessel, when this covered or guaranteed the payment of the work and tax credits; and there is a record of freedom of charge issued by the National Maritime Public Registry, unless otherwise agreed between the parties.
NATIONAL MARITIME PUBLIC RECORD
Article 15.- The Secretariat shall be responsible for the National Maritime Public Registry.
They will be able to register larger vessels in the National Maritime Public Registry:
I.- Mexican citizens;
II.- Mexican moral persons, constituted under applicable law; and
III.- Foreign nationals residing in the country, in the case of recreational or sports boats.
Article 16.- The organization and operation of the National Maritime Public Registry, as well as the procedures, formalities and registration requirements, set out in the respective regulation.
Article 17.- The following legal acts shall be entered in the National Maritime Public Register in accordance with the requirements laid down in the Regulation respective:
I.- The corresponding Mexican shipping agents and shipping agents, as well as the operators, for whose registration it will be sufficient to accompany their social statutes or, birth;
II.- Contracts for acquisition, disposal or disposal, as well as the incorporation of real, translative or extinct property rights, their modalities, mortgages and levies on Mexican vessels, which must be included in a public instrument granted to a notary or a public corridor;
III.- The bare-hull lease contracts for Mexican vessels;
IV.- The contracts for the construction of vessels that are carried out in the national territory or those that are built abroad and pretend to flag as Mexican;
V.- The judicial and administrative resolutions that are authentic; and
VI.- Any other contract or document relating to vessels, maritime trade and port activity, where the law requires such formality.
Article 18.- Acts and documents that under this Law must be registered and not registered, will only produce effects among those who grant them; but not produce effects against third parties, which will be able to take advantage of them in favour of third parties.
Article 19.- Acts and documents relating to minor vessels that are established by the respective regulations shall not be required to be registered.
Article 20.- To act as Mexican shipping is required:
I. To be Mexican or incorporated in accordance with Mexican law;
II. Having registered office in national territory;
III. Be enrolled in the National Maritime Public Register; and
IV. To be the owner or holder of one or more vessels with a total tonnage of at least 500 gross tonnage.
The requirement stated in section IV will not be required for those who manifest that their vessels will be destined for inland navigation to provide services of transport of passengers or fishing, or which shall be dedicated to the operation of nautical tourism services with minor recreational and sporting vessels.
Article 21.- The owner or co-owners of the vessel are presumed to be their shipowners or shippers, unless otherwise tested.
The ship that assumes the operation or operation of a vessel that is not of its own property, must make declaration of shipowner before the maritime authority of the port of their registration, in accordance with the regulatory provisions in this respect.
This declaration will be entered on the margins of its registration in the National Maritime Register and when that quality is stopped, the cancellation of the annotation. This declaration can also be made by the owner of the vessel.
If such a declaration is not made, the owner and the vessel shall respond jointly and severally to the obligations arising from the operation of the vessel.
Article 22.- The shipping agent is the natural or moral person who is entitled to, on behalf of the shipping or operator, under the character of president or Merchant comionist, act on your name or representation as:
I.- General shipping agent, who shall have the power to represent his or her mandant or principal in the contracts for the carriage of goods, leases and chartering; to appoint a shipping agent to be a shipping agent and to carry out the other acts of trade that its mandant or principal entrusts to it, as well as all that corresponds to the contract of the maritime agency;
II.- Shipping agent to ship, who will have the power to carry out the administrative acts and procedures in relation to the vessel in the port of entry under Article 24 of this Act; and
III.- Protective shipping agent, who will be hired by the ship or the charterer, as the case may be, to protect their interests and supervise the work the shipping agent is consigned.
The protective shipping agent, before being admitted, must guarantee that the person concerned will go through what he does and will pay the court and sentenced. The guarantee will be qualified by the authority under its responsibility and will be awarded by the protective shipping agent, committing to the owner of the business to pay the damages, damages and expenses that will be irradiated to him for his fault or negligence.
Any shipping agent shall be entitled to receive notifications, even of placement, on behalf of the vessel or operator for which the Judge shall grant a term of sixty working days to answer the claim.
Article 23.- Any shipping agent must be authorized to act as such, for which it will credit the following requirements:
I. Be a natural person of Mexican nationality or a moral person established under Mexican law;
II. Having its registered office in national territory;
III. Check, by means of a mandate or commission contract, the representation and functions commissioned by the shipping or operator; and
IV. Be enrolled in the National Maritime Public Register.
Article 24.- The shipping agent will act as the ship's representative to the federal authorities at the port and will be able to carry out the The following functions:
I.- Receive and assist the vessel that is consigned to the port at the port;
II.- Carry out all the administrative acts necessary to obtain the ship's dispatch;
III.- Make the necessary steps to comply with the provisions, resolutions or instructions emanating from any federal authority, in the exercise of their functions;
IV.- Prepare the enlistment and expedition of the vessel, practicing the relevant diligence to provide and properly arm it;
V.- Exorder, revalidate and sign, as a representative of the master or those who are commercially operating the vessel, the bills of lading and other necessary documentation, as well as the delivery of the goods to their recipients or depositaries;
VI.- Attend the captain of the vessel, as well as hire and supervise the services necessary for the attention and operation of the vessel in port; and
VII.- In general, perform all relevant acts or representations for shipping, shipping, and shipping related to the vessel.
In order to operate in Mexican ports all foreign vessels will require to designate a shipping agent to ship in the port that operates.
Mexican shippers are not required to designate shipping agents to ship vessels at Mexican ports to serve their own vessels, provided they are when they have offices in that port, with a representative and notice has been given to the Secretariat.
Article 25.- People who provide a service on board Mexican naval vessels and artifacts will be considered for purposes of this Law as crew members.
The respective regulations will establish the minimum crew allocation for each type of fishing vessel, as well as the requirements of the certificates of competition necessary in accordance with applicable fisheries legislation and international treaties.
Not to be considered crew members of naval vessels and artifacts, to technical personnel who perform the functions of instruction, training, supervision and administration; in the fishing vessels to the embarked personnel who only perform functions of instruction, training and supervision of the activities of catching, handling or process of fishery resources.
Captains, naval pilots, employers, machinists, mechanics, and in general all personnel who are a vessel or who work in a Mexican naval device, must be Mexican by birth and not acquire another nationality.
Article 26.- The number and training of crew members must ensure safety in navigation and human life at sea, as well as the prevention of marine pollution. To this end, the crew must certify their technical and practical capacity, by means of the document identifying them as personnel of the Mexican merchant navy, in accordance with the requirements specified in the respective regulations, and as determine the International Convention on the Standards of Training, Titling and Guard of the People of the Sea, as well as the other International Treaties.
Owners and shippers are required to monitor the compliance of crew members with the provisions of the previous paragraph, being jointly and severally responsible. for non-compliance with this article with those in charge of direct shipping responsibility, including subaltern personnel.
Article 27.- Boat crews must have a master or skipper, as well as the appropriate officers, as set out in the terms of the International Treaties, of this Law and its respective regulations. The master or skipper must remain in his position until he is relieved and for security reasons he must remain in his position.
The captain of the vessel will be on board the first authority. Any person on board shall be under his command, and in foreign waters and on the high seas shall be considered a representative of the Mexican authorities and the owner or vessel, having the legal and technical capacity to exercise the command of the vessels or naval vessels and shall be responsible for such vessels, crew, passengers, cargo and legal acts, even if they are not on board.
Article 28.- The captain will have the following functions on board the vessels:
I.- Maintain order and discipline, and must take the necessary steps to meet these objectives;
II.- Keep the Navigation Journal and other books and documents required by the International Treaties, legislation and regulations up to date applicable. The entries in the books and documents to be maintained under the above provisions;
III.- Act as auxiliary to the Federal Public Ministry;
IV.- Act as a Civil Registry officer and lift wills, in the terms of the Federal Civil Code; and
V.- Exercise your authority over people and things on board.
Article 29.- Officers must comply with the orders that settle in the book of slogans, as well as to all those functions and orders that the captain assign them according to their category. The master or in his absence the first navigation officer shall record in the Navigation Journal all incidents or accidents which during his or her guard occurred.
The first officer, in the absence of the captain, will be responsible for the operation and navigability of the vessel or the naval device.
Any major vessel must have a guard officer who will act on behalf of the captain and be responsible to the captain to maintain the security of the vessel. vessel, order and discipline on board, and comply with the orders received; being empowered to require the cooperation of all personnel of the ship or naval device, when in port, so that operations are not suspended and necessary manoeuvres.
Article 30.- The boatmasters ' patterns or who directs the operation on the naval artifacts will exercise command keeping the order and the order. discipline on board, but they will not be invested in the representation of the Mexican authorities. Where they are aware of the commission or omission of acts involving failure to comply with the laws in force, they shall give appropriate notice to the authorities concerned and shall be obliged to inform the authority of the Any circumstance that does not agree with the provisions of the certificates of the ship or naval device.
MERCHANT MARITIME EDUCATION
Article 31.- The Nautical Education is in the public interest, so the Secretariat will organize and direct the training and training of the staff of the Marina Mercante, with plans and programs of studies registered with the Secretariat of Public Education, must have a school ship with the necessary and updated didactic technology for the fulfillment of its objectives.
The higher education institutions that authorize the Secretariat and the Public Education institutions will be able to offer graduate studies to Navy officials. National Merchant, in accordance with the provisions of the General Law of Education, for which the movable property, equipment and systems suitable for practical teaching and with plans and programs of studies that both Secretariats determine.
The staff providing training and training must have a register with the Secretariat and comply with the requirements laid down in the Treaties.
Article 32.- The plans and programs of study for the training and training of the various levels of professionals and subalterns of the crews of the Mexican naval vessels and artifacts will be authorized by the Secretariat, according to the development and needs of the Mexican merchant navy. The integration of such plans and programmes will assess the views of owners, shippers, seafarers ' colleges and other entities linked to the maritime sector.
The Secretariat will assist with the fishing authority, the development of training plans and programs in line with the sector's activity, and the integration of They shall assess the views of the sectoral associations, the fisheries research centres and other related entities in accordance with the applicable provisions.
Professional titles, sea librettes and other documents established by the International Convention on Standards of Training, Crew and Guard for the People of the Sea and the other International Treaties shall be issued by the Secretariat in accordance with the respective regulations.
To those who obtain the titles of Naval Pilot and Naval Machinist, in the terms of the corresponding regulation, the Secretariat will jointly issue them with the titles of Engineer Geograph and Hydrographer, and Naval Mechanical Engineer, respectively.
OF ADMINISTRATIVE COORDINATION IN THE AREA OF NEGLECT OF FOREIGN CREWS IN BOATS FOREIGN
Article 33.- The provisions of this chapter will be applicable in the event that a foreign-flagged vessel is on Mexican waterways and the competent maritime authority assumes that the crew has been abandoned or is in danger of losing their lives or putting their bodily integrity at risk.
Article 34.- The procedure of coordination of powers between administrative authorities regulated in this chapter, will not restrict in any way the powers of each of those authorities. All of them shall be obliged to facilitate in an expeditious manner the effective solution of the contingencies referred to in the previous article.
Article 35.- When a regulated situation arises as provided for in this chapter, the authorities and parts thereof shall be required to unchoke the following procedure:
I. Within twenty-four hours after the arrival of the vessel, or where appropriate, at the time when the reported event occurred, the captain of any vessel or, in his absence, the officer who is still in command, or the person which accredits the legal representation of the crew members, shall be entitled to request the release of a protest record against the port captaincy, in accordance with the provisions set out in the preceding chapter;
II. Within three working days after the presentation of the protest, the port captaincy that has known about it must notify the consul of the vessel's flag and those of the nationality of the vessel. the crew members, the Secretariat of Labor and Social Security, the Secretariat of Health, the National Migration Institute, the National Commission of Human Rights, and the Port Administration, to act in the field of their competence and its functions;
III. Within the same period laid down in the above fraction, the port captaincy must quote the vessel's shipping agent and, where appropriate, the owner of the vessel so that within 10 working days of the vessel's hearing at the office of the port captaincy, where they will propose to the authority the mechanisms to resolve the situation, which must include at least the replacement and repatriation of the crew, as well as the safe management of the vessel. Taking into account the above, the port captaincy shall set a time limit which shall not exceed 15 working days for the fulfilment of the obligations acquired. The authority shall draw up a record of that hearing and those involved shall sign it;
IV. During the period of execution of the obligations acquired in accordance with the previous fraction, the maritime authority shall be empowered to request the verification meetings it deems necessary;
V. In the event of non-compliance with the obligations acquired in accordance with section III of this article, the maritime authority shall be competent to coordinate actions aimed at providing a solution to the contingency; and
VI. Once the crew has been landed and their good health is checked, the National Migration Institute will process the repatriation at the expense of the ship owner or the owner of the vessel in solidarity. In the meantime, the shipping agent and, where appropriate, the owner of the same vessel in solidarity, shall bear the integral maintenance of the crew members to be repatriated. The Secretariat shall verify compliance with this obligation.
Article 36.- The navigation in Mexican marine areas and the arrival at Mexican ports will be open, in peacetime to the vessels of all states, in accordance with the principle of international reciprocity. When there are reasons for national security or public interest, the Secretariat will be able to deny navigation in Mexican marine areas and the arrival at Mexican ports.
In addition, any vessel sailing in Mexican marine areas must observe the obligation to obey the signs to stop or provide the information requested by any unit of the Mexican Navy. The above, in order to ensure compliance with the rules applicable by itself or in collaboration with the competent authorities in the fight against terrorism, smuggling, piracy in the sea, illegal trafficking of persons, weapons, drugs and psychotropic substances, in the terms of the legislation of the matter. In the event of disobedience, the penalties laid down by this Law and the other applicable provisions shall be imposed.
Article 37.- The maritime authority, by chance or force majeure; or where there are reasons of national security or public interest, may declare, in any time, temporarily or permanently, partially or totally closed to the navigation of certain ports, in order to preserve the integrity of the persons and the safety of the vessels, as well as of the goods in general.
Article 38.- The navigation that ships perform is classified into:
I. Interior.-Within the limits of the ports or in Mexican inland waters, such as lakes, lagoons, dams, rivers and other bodies of the territorial sea, of water inland, including the waters located within the baseline of the sea territorial;
II. Cabotage.-By sea between ports or points located in Mexican and Mexican coastal areas; and
III. In height.-By sea between ports or points located in Mexican territory or in Mexican marine areas and ports or points located abroad, as well as between ports or foreign points.
The Secretariat, in coordination with the other agencies of the Federal Public Administration in their respective fields of competence, should monitor the implementation of the the economic, sporting, recreational and scientific activities to be carried out by means of the various types of navigation, comply with the applicable international, legal and regulatory provisions.
Article 39.- Freedom in the use of vessels in sea-level navigation, cabotage and the regulation of fares in the provision of maritime services, subject to the following:
A. The use of vessels in sea-level navigation in accordance with the provisions of the preceding article, including the carriage and the international trailer, shall be open for vessels and vessels of all States, where there is reciprocity in the terms of the International Treaties.
The Secretariat, following the opinion of the Federal Competition Commission, which declares the absence of conditions of effective competition in a relevant market in terms of the Federal Economic Competition Law will be authorized to reserve, in whole or in part certain international transport of cargo of height or cabotage, so that only Mexican owners or ships with boats are allowed to be carried out If the provisions are not complied with, on competition and free competition in accordance with the law of the matter.
The total or partial reserve referred to in the preceding paragraph shall be maintained only in the absence of effective competition and competition. To this end, it shall mediate the opinion of the Federal Competition Commission on the subsistence of such conditions, a procedure which shall be initiated at the request of the Secretariat, of an interested party or of its own office.
B. In accordance with Article 8 (XVI), where in the opinion of the Federal Competition Commission, the state of lack of effective competition has ceased to exist, the tariff regulation established must be deleted or amended in the a corresponding meaning within 30 working days following the issue of the opinion.
The Secretariat will also request the opinion of the Commission in order to determine the application of the guidelines for the regulation of tariffs that will have to be enable the provision of the service under satisfactory conditions of quality and efficiency.
Article 40.- Without prejudice to the provisions of the International Treaties, the operation and operation of vessels in inland waterway and cabotage shall be reserved for Mexican vessels with Mexican vessels.
Except as provided for in Article 42 of this Law, the operation and operation of Mexican vessels by Mexican vessels will not require permission from the Secretariat.
The operation and operation of inland waterway and cabotage vessels, for tourism, sport and recreational services, as well as the operation and exploitation of those destined for port construction and maintenance, and dredging could be carried out by Mexican or foreign vessels with Mexican or foreign vessels, as long as there is reciprocity with the country tries to give priority to the national enterprises and to comply with the applicable legal provisions.
Except as provided for in the following article, in the cases referred to in the preceding paragraph, no navigation permit shall be required from the Secretariat.
In case of no Mexican vessels available on equal technical terms or when a public interest is prevailing, the Secretariat will be Empowered to grant temporary permits for cabotage navigation, in accordance with the following priority:
I. Mexican ship with foreign vessel, under contract of lease or chartering to bare hull; and
II. Mexican ship with foreign vessel, under any charter contract.
Each temporary permit for cabotage navigation will have a duration of three months and no permit for the same boat can be renewed in more than seven occasions.
The Mexican ship holder of a temporary cabotage permit for a foreign vessel that will remain in national waters for more than two years, have the obligation to flag it as Mexican within the maximum period of that period, counting from the date of issue of the original temporary navigation permit.
Not to flag the vessel as Mexican within the deadline, the Secretariat will be prevented from granting additional renewals or permits for the same vessel, nor for another similar vessel intending to hire the same vessel to provide a service equal to or similar to that carried out. For the purposes of this provision, the category of vessel shall be deemed to be the person or entity that has effective control over the vessel concerned.
The provisions of the preceding paragraph shall not apply when the vessel for which the permit is requested, has at the discretion of the Secretariat, with technical characteristics of extraordinary specialization, in accordance with article 10, fraction I, paragraph e) of this Law, and the respective regulations.
Except for the case of the lease or chartering contract with a naked helmet, which must be exclusively provided with Mexican crew, when the vessel for which the temporary navigation permit or its renewal is requested, is contracted by a Mexican ship under any charter contract, so, in the temporary navigation permits and its renewals, that it grants the Secretariat, priority will be given to the vessel whose craft has the largest number of Mexican crew members, in accordance with the respective minimum endowment certificate.
Article 41.- Having exhausted the tender procedure with the prelation provided for in fractions I and II of the previous article, the permit may be granted for a new procedure involving foreign shipping companies with foreign vessels.
Article 42.- Mexican and foreign vessels, dedicated to the use of vessels in inland navigation and cabotage in accordance with This Act shall be subject to the following provisions on permits for the provision of services:
I. Require permission from the Secretariat to provide services:
A. Transport of passengers and cruise ships;
B. Nautical tourism, with minor recreational and sports boats, Mexican or foreign;
C. Security, rescue and aid to navigation;
D. Towing, manoeuvring and landing in port, except where they are engaged in a contract with the port administration, as established by the Ports Act;
E. Dragado, in cases of foreign vessels; and
F. Foreign vessels to provide the cabotage service, provided that there is no national who does so on a level playing field.
II. They will not require permission from the Secretariat to provide services:
A. Transport of load and trailer;
B. Fishing, except in cases of foreign vessels, in accordance with the provisions of the Law governing the matter and its regulatory provisions, as well as the International Treaties;
C. Dragado, in the cases of Mexican vessels; and
D. Use of specialized vessels in civil works, shipbuilding and port infrastructure, as well as those dedicated to the aid in the tasks of prospecting, extraction and exploitation of hydrocarbons, subject to compliance with established by the legislation on environmental matters and administrative procurement.
The fact that the Secretariat does not require permission does not exempt the vessels dedicated to the services indicated in the fraction II of complying with the provisions which are applicable to you. The Secretariat shall be empowered to verify compliance with those rules.
The requirement to obtain a permit for the provision of services, in accordance with the provisions of this Article or the absence of such a requirement, does not prejudge on the need for the temporary permit for cabotage navigation or the flag duty, in accordance with the provisions of this Law.
Article 43.- The grant of permits referred to in this Law shall be in accordance with the provisions of economic competition as well as the other applicable Mexican technical specifications and standards.
In the termination, revocation and other administrative acts related to the permits regulated by this Law, the provisions of the Law of Port will apply.
Article 44.- The permits subject to this Act shall be granted to all persons who comply with the applicable requirements as set out in the Article precedent.
The Secretariat shall issue the appropriate resolution within a period not exceeding ten working days from the date on which the duly requested request.
When at the discretion of the Secretariat the characteristics of the requested merit it, or when the information is considered unsatisfactory, it will require the applicant for supplementary information. If the application is not accredited within five working days, the application shall be without a statement.
Five working days after the submission of the additional information, the Secretariat shall be required to issue a resolution. Failure to do so within the prescribed period shall mean that the permit is granted and the permit shall be entitled to ask the Secretariat for a statement of proof, which shall be required to make it available to the permit. within a period of five working days from the day of submission of such a request for evidence.
Failure to comply with this article will result in the application of the sanctions and responsibilities established by the Federal Law on Responsibilities Administrative for Public Servers.
The time limits specified in this article will not apply to the granting of temporary navigation permits, which will be regulated exclusively by the provisions of the Article 40 of this Law.
BOAT ARRIVAL AND DISPATCH
Article 45.- It is considered to be arrived at, the arrival of a vessel to the port or to a point of the coasts or banks, coming from a different port or point, regardless of which boarding or disembarkation persons or cargo, and is classified into:
I. Planned: the consignment in the dispatch of the port of provenance;
II. Unexpected: the one that occurs in places other than that provided for in the dispatch, due to duly substantiated reasons; and
III. Forced: the one performed by law, fortuitous case or force majeure in places other than that provided for in the dispatch.
The forced and unanticipated arrival of the vessels must be justified to the maritime authority.
Article 46.- Except in the case of forced arrival, in the authorization or refusal of arrival to port of vessels, the maritime authority will require the documentation to be provided by the respective regulations, without the requirements set out in the regulations being higher than those provided for in the International Treaties. The relevant regulation will establish a simplified scheme for smaller vessels.
The maritime authority, in its field of competence, will be obliged to verify that in the authorization of arrival to port of ships the applicable norms are respected in the field of safety in navigation and human life at sea, the prevention of marine pollution, as well as the others laid down in the International Treaties.
In case of any failure to comply with the applicable Maritime and Port Protection rules, the maritime authority will give the CUMAR a view to intervene in the terms that the Ports Act sets.
Article 47.- The approach of the vessels to the coasts or banks is understood to be recalded, in order to recognize or rectify the position, continuing the journey. In this case and when they have arrived at the rada or the first port only to seek shelter, or have only communicated to land at a distance, they may leave their place of anchorage without notice or any formality.
Article 48.- With respect to the international provisions referred to in Article 46 of this Law, to be made to the sea, every vessel will require a dispatch of the port, in accordance with the following rules:
I. It shall be issued by the maritime authority, upon request of the documentation provided for in the respective regulations, without the requirements in the above being higher than those provided for in the International Treaties. The regulation will establish a simplified regime for smaller vessels;
II. They will be issued before the zarpe time, after the load and the complementary operations performed in port have been completed; and
III. They shall have no effect if they are not used within forty-eight hours after their issue, unless justified by the right to issue the maritime authority.
Not to be considered as departure, the authorization granted by the maritime authority when for reasons of force majeure, the vessels must leave the port by security reason.
Article 49.- The maritime authority shall be entitled to deny or to leave the exit dispatches without effect in the following cases:
I. By resolution in federal judicial or labor matters;
II. By federal resolution on administrative matters;
III. For the incomplete presentation of the documentation outlined in this chapter;
IV. For the justified existence of an imminent risk in the field of safety in navigation and human life at sea, as well as the prevention of marine pollution;
V. For lack of the number, qualification or certification of crew according to the minimum endowment certificate;
VI. For having knowledge of any accident, incident or risk situation of importance for the safety of the crew, it happens to the vessel and in accordance with the provisions of this Law in the matter of investigation of accidents at sea, unless the composure corresponding to the vessel has been adequately credited, in accordance with the criteria of the maritime authority, where the repair is not of importance and through the certification of the qualifying house when the repair is greater; and
VII. In the case of foreign vessels, as provided for in Article 264 of this Law.
Article 49 Bis.- The port captaincy at the request of the CUMAR may negate or leave without effect the dispatch of any vessel as a measure precautionary when a Maritime and Port Protection Level 3 has been enacted in terms of the Ports Act.
Article 50.- Recreational and sports boats of particular foreign use shall only be registered with the captaincy of the first port they touch. on Mexican territory. These vessels, Mexican or foreign, will only require dispatch when they intend to perform height navigation, however, they must register each entry and exit in an authorized navy. Any tourist, sports or recreational marina must have a logbook of arrival and dispatch of the vessels belonging to it, as well as those arriving for a visit.
The Secretariat will be empowered to enable an honorary delegate of the port captaincy, as responsible for controlling the arrival and dispatch of the vessels tourist or recreational. The honorary delegate shall be entitled to deny the dispatch to the vessels of those categories, which for reasons of safety, navigation and human life at sea in accordance with international provisions, laws and regulations are considered to be an offence of fitness to be taken to the sea.
In any case, the dispatch of vessels for height navigation must be issued by the respective port captaincy.
Article 51.- It is understood by dispatch via fishing, authorization to a vessel to be made to the sea in order to carry out fishing activities.
The Secretariat shall be obliged to issue a dispatch for each fishing vessel. The period of validity of the dispatch shall not exceed 180 days.
The port captaincy must suspend dispatch via fishing when:
I. The competent authority has evidence of non-compliance with the applicable safety standards.
II. There is order of a competent court or administrative body.
The cancellation of the authorization, permit or grant of fishing, will extinguish the validity of the dispatch via the respective fishing.
The ship will be obliged to give notice of entry and exit, each time it enters or leaves the port. To this end, it shall submit in writing to the maritime authority the documentation setting out the respective regulations.
The maritime authority, in its field of competence, shall be obliged to verify that on dispatch of the dispatch via fishing, as well as in the notices of entry and exit and In the information to be submitted by the vessel, the applicable rules on safety in the navigation and human life at sea, prevention of marine pollution, as well as the others that establish the Treaties, are respected. International.
Article 52.- The entry and exit movements of the vessels in the ports, as well as the anchorage, docking, alijo and mooring maneuvers within the ports, will be subject to the priorities set out in the respective port operating rules.
Article 53.- The port captain will be obliged not to prolong the permanence of vessels in the port without justified cause, when this puts in The life or bodily integrity of the crew members.
During their stay in the port area, the vessels must have the personnel necessary to execute any movement ordered by the maritime authority, or to proceed for the safety of the port and other vessels.
In the event that a boat that is not of nautical, recreational or sports tourism is anchored beyond the jurisdiction of the port, the captain of port already either on its own initiative or at the request of a party, shall apply the rules of this Law relating to mooring and abandonment.
Article 54.- Ships loaded with explosive or flammable substances, will execute their cargo and stash operations at the site that determines the rules port operation and in strict compliance with the indications that for security reasons order the port captaincy.
Article 55.- The pilotage or pilotage service is in the public interest. The Secretariat will determine the allocation of port pilots, based on the corresponding regulations, the rules of pilotage, the rules of operation of each port and according to the needs of the traffic.
The pilotage or pilotage service shall be provided to any vessel greater than arriving or departing from a port or piloting zone and which is legally obliged to do so. to be used, as well as to others who are not required to do so.
Payment for the provision of the piloting service shall be as indicated in the respective tariff authorized by the Secretariat.
The Secretariat will determine, on the basis of safety, economy and efficiency criteria, ports, pilot areas, anchorage areas, safety areas and waterways. in which the use of the piloting service is obligatory, same to be provided in the form that the corresponding Regulation and the rules of piloting of each port prevent. The Secretariat shall also be empowered to establish the rules for the piloting of each port, the assumptions by which it is exempted from the enforcement of the pilotage service.
In the field of its responsibilities and responsibility, it will be up to the pilots of the port to take technical decisions to the safety of navigation and life. at sea, as well as the protection of the marine environment.
The public pilotage or pilotage service shall be provided continuously, permanently, uniformly, regularly and in shifts throughout the year, 24 hours a day, except for periods in which the state of the time, the tidal waves or currents and the saturation of the port prevent the piloting service from uninterrupted, and when the service is altered by reasons of public interest or when the service is determine the competent authority.
Article 56.- In all matters relating to the piloting service, the corresponding Regulation and the rules of pilotage of each port issued by the Secretariat, will contain the minimum elements established by the Regulation of this Law and the Law of Ports. The public piloting service is considered to be a professional service. The Secretariat shall assess the technical consultations with the port pilots or pilots and all the parties involved in the operation of each port.
Article 57.- To be a port pilot, the following requirements must be met at least:
I. Being Mexican by birth and not acquiring another nationality;
II. Have a professional title of a nautical school accredited to the Secretariat;
III. Contar with the certificate of competence and authorization to provide the service piloting for the respective port and pilotage area, issued by the Secretariat, and
IV. Make mandatory practices in the port and piloting zone where you aspire to provide the service.
The Secretariat will be empowered to implement continuous port pilot certification programs.
The position of a port pilot shall be incompatible with any direct or indirect employment, position or commission in the shipping companies or shipping agencies of the piloting service, as well as in its subsidiaries or subsidiaries.
Article 58.- In addition to the contractual stipulations between the port pilots and their users, the pilotage service will be attended by the The following rules regarding liability:
I. The presence of a port pilot on board a vessel does not absolve the captain of his or her responsibility. For the purposes of this Act, the latter retains the command authority, without prejudice to the rights of repetition of the master or the vessel in front of the pilot;
II. The master shall have the obligation to take care of the indications of the port pilot if at his discretion he does not expose the safety of the vessel or the port facilities. Otherwise, the port pilot shall be relieved of his duties, who shall be allowed to leave the bridge of command of the vessel, and must give both account of what has happened to the relevant maritime authority for the purposes to which it applies. The port pilot shall be replaced if the conditions of the manoeuvre permit;
III. The port pilot shall be responsible for the damage caused to vessels and port maritime facilities, due to the impericia, negligence, carelessness, recklessness, bad faith, guilt or dole in their indications when found directing the maneuver. The maritime authority shall carry out the necessary investigations in accordance with the provisions of this Law to determine the responsibility of the port pilot; and
IV. The port pilots shall be exempted from any liability in the event of accidents occurring due to a fortuitous case or force majeure.
MANEUVER TRAILER IN PORT
Article 59.- In addition to the contractual stipulations existing between the public service providers of towing manoeuvres in port and their users, in this service the following provisions and the respective regulations will be met:
I. The harbour service of towing maneuver is that which is provided to auxiliary to a vessel in the maneuvers of anchorage, entrance, exit, berthing, undocking and amendment, within the limits of the port, in order to guarantee the safety of the inland navigation of the port and its facilities;
II. Based on the operating rules of each port, and in the safety, economy and efficiency criteria, the maritime authority will determine, the vessels that will require the mandatory use of this service, as well as the number and type of tugboats to use;
III. The payment for the provision of the public towing service in port shall be the one indicated in the respective tariff authorized by the Secretariat, in accordance with the operating rules of each port;
IV. If, during the course of the service, situations of danger exist for the vessel to which it is provided, which give rise to services whose nature is the rescue, the provisions of the relative chapter of this Law shall be provided;
V. In accordance with the respective regulations, the providers of the towing service in port, must contract a liability insurance according to the determination that the Secretariat takes. In determining the coverage to be contracted, consideration should be given to possible injuries to human life, damage to marine pollution, as well as any other effects on the rights of society in general; and
VI. For the provision of this service, the provisions of the Ports Act will be available.
MARITIME POINTING, AND NAVIGATION AIDS
Article 60.- The Secretariat shall be required to have the human and material resources necessary to ensure public knowledge and functioning appropriate on maritime signalling and aid for navigation on inland waterways.
The matters mentioned in this article will be considered in the public interest and may be granted to third parties in accordance with the Ports Law. However, the Secretariat shall retain its responsibility in accordance with this Article, without prejudice to the liability of the concessionaires.
The Navy Secretariat will be able to directly perform maritime signposting and navigation aids with the purpose of preventing or solving problems of security on the same.
Article 61.- The Secretariat shall determine the ports or waterways where maritime traffic control systems are to be established in accordance with the respective regulations.
The Navy Secretariat will be empowered to carry out the maintenance dredging directly in the ports where it has facilities and facilities, or It is of interest to national security, as well as to solve problems of marine pollution and will contribute to the federal government's dependencies in order to promote national maritime development.
Article 62.- With attachment to the respective regulations and the operating rules of each port, the Secretariat will determine the maritime areas for the anchorages, navigation channels and safety areas in the adjacent areas in the ports, and in the facilities and areas of exploration and exploitation of natural resources in the Mexican marine areas, in order to preserve the safety in the navigation, recalculation and exit of the vessels operating on them.
Article 63.- Dealers of integral port administrations, terminals, marinas, port facilities and waterways will be responsible for: to build, install, operate and maintain in the concession areas the maritime signals and to carry out the aids to the navigation, with attachment to what establishes the respective regulations, the rules of operation of each port and the title of concession. Notwithstanding the foregoing, the Secretariat shall retain its responsibility in accordance with this Chapter, without prejudice to the liability of the concessionaires.
Article 64.- The captains of the vessels and those who conduct the operations on the naval artifacts are required to report by any means of communication from the moment of its sighting to the nearest port captaincy, on the interruptions or deficiencies that are noticed in the matters regulated in this chapter. The port captaincy in turn, will be obliged to inform all vessels that are in the same area about such interruptions or deficiencies. Upon arrival in port, the captain shall inform the port captaincy in this article in writing, who shall immediately take the necessary steps to eliminate any interruptions or deficiencies.
Article 65.- The inspection service is in the public interest. The maritime authority will inspect and certify that Mexican vessels and naval vessels comply with national legislation and international treaties on safety in navigation and human life at sea. prevention of marine pollution by vessels.
Article 66.- The inspection service shall be performed in accordance with the following provisions and those in the respective regulations are detailed:
I. The vessel inspection service may be carried out by natural persons authorised as inspectors by the Secretariat;
II. The Secretariat shall maintain the non-transferable obligation of supervision of the ship inspection service;
III. The inspectors may be part of national or foreign companies specialised in the classification of vessels. Their liability shall be personal, irrespective of the liability incurred by the classification societies to which they belong;
IV. The Secretariat will encourage the formation of Mexican classification societies, which will be integrated by inspectors of Mexican nationality;
V. To be authorised by the Secretariat to provide the inspection service, the requirements set out in the respective regulations must be met;
VI. The Secretariat shall be empowered to implement programmes of continuous certification of inspectors, in accordance with the respective regulations; and
VII. The position of inspector shall be incompatible with any employment, commission or similar figure directly or indirectly in shipping companies, shipping agents, as well as in any entity related to them in the provision of maritime services or port.
Article 67.- Port capitanies will be required to respond in writing to certification and inspection requests, as well as complaints related to these services. In addition, you will need to keep a book open to the public where these complaints are made.
Article 68.- The port capitanies through the inspectors attached to them will give priority to the fulfilment of the obligations arising from the Treaties. International.
Article 69.- The port capitanies will carry a logbook of certifications and inspections as determined by the respective regulations. As determined by the Secretariat, the logbook shall have an electronic support which may be shared by the other port capitanies.
Article 70.- Each port captaincy, through the inspectors assigned to them, must inspect at least 15 percent of the vessels. foreign nationals who are in their respective ports, in accordance with the Latin American Agreement on Ship Control by the Port State of the Port.
Article 71.- The owners, shippers, operators, shipping agents, captains and crew members of the vessels are obliged to facilitate inspections to For this chapter, for which the information requested is to be provided, as well as to carry out the manoeuvres that are required of them, provided that the safety of the vessel and the port facilities are not exposed.
In case of difference with the inspector, any of the subjects referred to in this article, shall be empowered to communicate with the port captain during the inspection, who is obliged to resolve it as soon as possible, without prejudice to the right of those to enforce their rights before the competent courts.
Article 72.- Inspection and verification service to boats, rafts, vests, lifeguards, distress signals, fire extinguishing equipment, equipment (a) by maritime radio, the collection of meteorological information and other applicable elements required for the safety of human life at sea, shall be provided in the form and terms laid down in the International Treaties in this field; applicable regulations and Mexican official standards.
The devices and means of rescue and facilities that are dedicated to their maintenance must comply with the official Mexican norms and those that establish the International treaties in the field.
Article 73.- The naval artifacts will require a technical certificate of operation and navigability issued by the Secretariat each time they require displaced from one area to another, or to their place of decommissioning or final scrapping.
The Secretariat will determine the measures of prevention, traffic control and maritime signaling during the shipment or towing of the naval artifacts when required the conditions of the same.
Article 74.- Construction, as well as significant repair or modification of vessels, must be performed under technical safety conditions, compliance with the International Treaties and with the respective regulations, for which:
I. Shipyards, levees, ports of call, workshops and facilities at the service of the Merchant Navy must be subject to the respective Mexican official standards;
II. The project must first be approved by the Secretariat and prepared by professionally recognized natural persons or legally constituted societies, with proven technical capacity;
III. During the work, the vessel under construction or repair shall be subject to the relevant tests, inspections and verifications; and
IV. At the end of the work, the vessel shall require the certificates of maritime security and tonnage issued by the Secretariat directly or by an inspector authorized by it.
Significant repair or modification of vessels shall be understood to mean any alteration of its dimensions or its transport capacity, or cause to change the type of the vessel, as well as those that are carried out with the intention of prolonging the life of the vessel.
Article 75.- Natural or moral persons engaged in maintenance of life rafts, salvage devices, fire equipment and equipment Similar, they must comply with international requirements and with the Mexican official standards that are issued in accordance with the respective regulations. They shall also be subject to certification and inspection in the terms of this chapter.
PREVENTION AND CONTROL OF MARINE POLLUTION
Article 76.- In accordance with international treaties, it is prohibited to spill persistent hydrocarbons that are transported as cargo, or that are carried in the tanks for the consumption of the vessels. It is also prohibited to discharge, spill, dump or any equivalent act, ballast, debris, garbage, waste water, as well as any element in any state of matter or energy that causes or may cause damage to life, ecosystems and marine resources, human health or the legitimate use of the waterways and the altamar that surrounds the Mexican marine areas identified in the Federal Law of the Sea.
Civil liability for damages arising from marine pollution from vessels, naval vessels and coastal industries will be governed by the treaties. international, by the respective chapter of this Law, as well as by applicable legislation in each marine pollution species.
To the administrative penalties arising from the offences referred to in this chapter, the obligation to repair the damage, consisting of cleaning and cleaning, shall be added effective restoration of contaminated areas. This provision does not prejudge the criminal liability incurred by the polluting subjects, nor the public servants who by any means authorize or consent to the act or the resulting omission in the contamination.
Article 77.- The distribution of competencies of the Federal Public Administration's dependencies on the prevention and control of marine pollution, be based on the following rules, for which these agencies will be obliged to conclude the necessary coordination agreements to ensure effective prevention and control under the responsibility of their holders, who must also provide strict monitoring of your application:
A. The Secretariat shall certify and inspect in the port area that the vessels comply with the provisions of this Chapter and shall immediately report to the other competent agencies any contingency in respect of marine pollution. It shall also punish offenders in the field of their competence.
B. The Secretary of the Navy, in the Mexican marine areas established in the Federal Law of the Sea, will monitor compliance with the provisions of this chapter. Similarly, it will verify possible contamination effects in those areas and will punish the responsible offenders when they are identified in accordance with the respective regulations. In addition, it will implement the National Contingency Plan to combat and control spills of hydrocarbons and other harmful substances at sea, in coordination with other federal government agencies involved.
C. The Secretariat of Environment and Natural Resources, will coordinate the programs of prevention and control of marine pollution, as well as the National Plan of Contingencies in the marine field. It shall also punish offenders in the field of their competence.
Article 77 BIS. Any natural or moral person who directly or indirectly causes damage to the marine ecosystems or its components shall be required to repair the damage or to the environmental compensation that comes in accordance with the provisions of the Federal Environmental Responsibility Law.
OWNERSHIP OF VESSELS
Article 78.- The vessel and the naval artifacts are movable property subject to the provisions of this Law and other provisions on movable property contained in the Federal Civil Code.
The vessel includes both the hull and the machinery, its fixed or mobile equipment and accessories permanently destined for navigation and the ornate, which constitutes a universality of fact.
The elements of the individualization of a vessel are: name, registration, port of registration, nationality, distinctive sign and units of gross tonnage. The vessel will retain its identity even if one of the individual items of individualisation has been changed.
OWNERSHIP ACQUISITION MODES
Article 79.- The document stating ownership of a vessel, changes in ownership or any actual lien on it, must be stated in instrument granted to notary or public corridor, to contain the elements of individualization of the vessel and to be registered in the National Maritime Public Registry. If the document is granted abroad, it must be legalized before the respective Mexican consul, except where such a requirement is not necessary for having been apostilled in accordance with the International Treaty on the subject.
Article 80.- In addition to other modes of acquisition of the property that are established in accordance with other applicable provisions, the property of a The vessel may be purchased as follows, in accordance with this Law and the International Treaties on the subject:
I. Construction Contract, in the terms of this Act;
II. Dejation validly accepted by the insurer;
III. Good dam qualified by competent court, in accordance with international law;
IV. Law of Angaria, by means of compensation and in accordance with international law;
V. Requisa; and
VI. He abandoned in favor of the Nation in the terms of this Law.
The methods of acquisition here referred to in this Law do not have a special regulation, they will be applied in order to the legal provisions in the issues that correspond.
Article 81.- Unless otherwise agreed, if the domain of a vessel is transferred, the freight will belong to the buyer in full. the accrual since it received the last shipment, but if at the time of the transfer of domain the vessel has arrived at its destination, the freight will belong to the seller.
Article 82.- The ownership of a building vessel will be moved to the acquirer, according to the following construction contract modalities:
I. For the sale of a future thing, when the obligation is established for the yard to put the materials on its own; in this case the ownership of the vessel will be transferred to the acquirer until the construction process is completed; and
II. Of work, when it is established that the ship will contribute the materials for the construction of a vessel; in this case the same one will be considered of its property since the construction is started.
Article 83.- The action of liability against the builder for hidden vices of the vessel, will be prescribed in two years, counted from the date on which shall be discovered, but in no case shall exceed four years from the date on which it has been made available to the contract of construction.
Article 84.- To facilitate the co-ownership of a vessel, the right of ownership over the vessel shall be considered as one hundred quitrates. Without losing their unity or proportionality, the quitrates may be subject to co-ownership. The deliberations of the co-owners of a vessel will be resolved by a majority of quitrates. In the event of a tie, the competent court shall decide. Majority decisions may be challenged in the minority judgment.
Article 85.- For repairs that matter more than half the value of the vessel or for the vessel's mortgage, decisions must be taken by a majority of at least seventy-five quitrates. If the competent Judge orders it, the quitrates of those who refuse to cooperate in the repair may be auctioned judicially. The other quirataries will have the right of the same.
The sale decisions of the vessel must be taken unanimously. If seventy-five of them are to be voted on by the sale, the competent court may authorize it after hearing the dissenters. The quirataries will enjoy the right of the same in the sale of the quitrates. No quitratary will be able to mortgage or tax his or her quitrates without the consent of seventy-five of the quataries.
Article 86.- When the decisions referred to in this chapter cannot be taken because the required majority is not reached, the competent Judge may decide, at the request of one or more quirataries and in accordance with the common interests of the co-owners.
BOAT MOORING, ABANDONMENT AND SCRAPPING
Article 87.- The act by which the maritime authority authorizes or declares the stay of a vessel in port, is understood by temporary mooring of vessels, out of commercial operation. The authorizations and declarations referred to will be regulated according to the following rules:
I. The port captaincy will authorize the temporary mooring, designating the place and time of stay, if it does not damage the harbour services, after favorable opinion of the harbour manager, when the ship does not have crew of on board and after a guarantee granted by the owner or vessel requesting the temporary berth, sufficient at the discretion of the maritime authority to cover the damage or damage which may be caused during the time of the mooring and the following at the end of the vessel if the vessel is not put into service, as well as the work documentation stating that the compensation and other benefits that the owner or ship must have to pay to the crew are covered; and
II. The port captaincy shall declare the temporary berth, designating the place and time of stay, in the event that a vessel other than nautical, recreational or sports tourism remains in port for more than ten days. working from their berth, when the safety of the crew, the vessel or the port is put at risk.
In cases of foreign-flagged vessels, the Secretariat will notify the country's consul of the vessel's flag for its knowledge, as well as the migratory authority to ensure the conditions of the crew in accordance with the Convention on the Repatriation of People of the Sea, as well as the other International Treaties on the matter. If applicable, Chapter VII of Title II of this Law shall apply.
In the event that the mooring occurs in an area of operating operation of the port, the owner or the vessel will grant the guarantee for damages in favor of the port administrator.
Article 88.- The time limit of the time limit may not be greater than thirty working days counted from the notification of the authorization or the declaration of the The same can be renewed on a single occasion. After this period, if the vessel is not put into service, or if the vessel is in danger of sinking or is a hindrance to the port operation or navigation, the port captaincy by itself or to the port of call shall not be put into service. request of the Port Administration, order its trailer to the place that suits the latter.
If the order is not fulfilled, the port captaincy will coordinate the maneuver on behalf of the owner of the vessel. Act followed, decree the exercise of the right of retention and make the declaration of abandonment, proceed to the process of execution of the guarantee, and in its case to the remate of the vessel by whole or by scrapping.
The ship's auction will be processed as long as no guarantee has been granted, or when there is not enough to pay for the cost of the maneuvers, damages and damage caused or likely to be generated, as well as all outstanding debits to be settled.
Article 89.- The port captaincy will declare the abandonment of vessels in favor of the State, in the following cases:
I. If it remains in port without performing operations and without crew, for a period of ten working days and without request for temporary berth;
II. Where outside the limits of a port is in the case of the previous fraction, the time limit shall be thirty working days;
III. Where the time limits for the time limit and their extension have elapsed, without the vessel being put into service, in accordance with the previous Article; and
IV. Where the necessary manoeuvres for his/her rescue are not carried out within the prescribed time limit, the time limit shall be set.
As long as the declaration of abandonment is not made, the owner of the shipwrecked vessel will remain so.
Article 90.- The scrapping of a vessel will be authorized by the port captaincy, following the resignation of the flag, with the approval of the authority the environmental competent at the given place and time limit, provided that the navigation and port services are not impaired, a work programme is provided and the ownership of the vessel is fully verified. The foregoing, on the basis of a lower number of registration and, where appropriate, a sufficient guarantee to cover the costs which may arise from damage to inland waterways, port facilities and the marine environment, expenditure for the rescue of the vessel or the recovery of its remains, as well as the cleaning derivatives of the area where the operation is carried out.
When the scrapping is intended to be taken out of the concession operation area of a given port, the authorization of the port captaincy will be required in the same terms and with the same warranty, as set out in this article.
Article 91.- The maritime privileges grant the privileged creditor the right to be preferred in the payment against other creditors, in accordance with the provided by this Law, according to the following order:
I. The salaries and other amounts due to the crew of the vessel, by virtue of their onboard enrollment, including repatriation costs and social security contributions payable on their behalf;
II. The claims arising from compensation for the cause of death or bodily injury over land or water, in direct relation to the operation of the vessel;
III. The credits for the reward for the salvage of the vessel;
IV. The credits in charge of the vessel, derived from the use of port infrastructure, maritime signalling, waterways and piloting; and
V. The claims arising out of the non-contractual liability for the loss or damage caused by the operation of the vessel, other than the loss, or damage caused to the cargo, the containers and the the effects of the passengers carried on board the same.
The maritime privileges derived from the last trip will be preferred to previous travel derivatives.
Article 92.- When a vessel produces damage caused by hydrocarbon pollution, or radioactive properties, or its combination with the Toxic, explosive or other dangerous nuclear fuel or radioactive products or waste, only the privileges listed in fractions I to IV of the previous Article shall be taxed on that vessel before the compensation to be paid pay to claimants who prove their right.
Article 93.- Maritime privileges on vessels shall be extinguished for the course of a year, from the moment they become due, to Less than the exercise of an action aimed at the seizure or rootedness of the vessel.
The extinction of the privilege does not imply that of the credit or indemnity; these will be extinguished in the form and terms outlined in the applicable legislation.
Article 94.- The assignment or subrogation of a secured credit or indemnity with a maritime privilege, produces simultaneously the cession or subrogation of the corresponding maritime privilege.
Article 95.- They are maritime privileges on the vessel under construction or in repair:
I. The salaries of workers directly involved in the construction of the vessel, as well as the social security contributions payable on their behalf;
II. The credits of the builder or repairer of the vessel, directly related to its construction or repair. The builder or repairer privilege is extinguished with the delivery of the craft; and
III. The tax credits derived directly from the construction of the vessel.
The privilege on the building vessel is not extinguished by the transfer of the property.
Article 96.- The builder of a vessel or who has made repairs to it, in addition to the privileges referred to in this Chapter, shall have a the right of retention on the built or repaired vessel up to the total debit solution.
Article 97.- The registration of the maritime privileges will not be mandatory, but they will be subject to registration in the National Maritime Register, the court decisions establishing the credit in favour of the creditor.
Article 98.- They will have maritime privilege on the goods transported from:
I. Fletes and their accessories, loading, unloading and storage costs;
II. Extracting shipwrecked goods; and
III. Reimbursement of costs and remuneration for rescue at sea, in which the burden is to be incurred, as well as contributions in common breakdown.
Article 99.- Maritime privileges on transported goods shall be extinguished if the corresponding action is not exercised within one month, counted from the date on which the unloading of the goods was completed.
Article 100.- Initiated the download, the carrier will not be able to hold the goods on board due to the fact that the freight has not been paid, but may request before the competent District Judge of the place of disembarkation, which is a precautionary embargo on the same in terms of the provisions of Chapter II of Title Ninth of this Law. In any event, the carrier must deposit the goods in a place that does not harm the port services, at the expense of the owners of the cargo.
The maritime privileged credits shall give rise to the execution for their total amount, on the vessel, freight or charges affecting the payment of the same. For this reason, at the request of the actor, the embargo will be decreed or the retention of the embargo will be confirmed when the demand is admitted. The mortgage creditor will be able to pay or take into account the privileged credits that precede it, in which case the mortgage will remain in the first rank.
Article 101.- You may be mortgage on built or in construction. The maritime mortgage may be constituted by both the owner of the vessel and by a third party in his favor.
For the constitution of the maritime mortgages will be established by this Law and in the absence of express provision in it, as ordered in the Civil Code Federal.
The mortgage constitution must be entered in an instrument awarded to a notary or a public corridor, or any other public purse in accordance with the law of the Foreign state in which it was constituted.
The order of registration in the National Maritime Register will determine the degree of preference for mortgages.
Article 102.- The actual mortgage lien will immediately pass after the maritime privileges listed in Article 91 of this Act, and will take precedence on any other credit that could be taxed by the vessel.
Article 103.- Unless otherwise agreed, the maritime mortgage extends:
I. To the vessel;
II. For accessories, belongings and other goods incorporated into the vessel; and
III. To the improvements of the vessel.
The mortgage constituted in favor of a credit that accrues interest, does not guarantee to the detriment of third parties, in addition to the capital, but the interests of a year. The above, unless it has been expressly agreed that it will guarantee the interests for more time, provided that it does not exceed the term for the limitation of interest and that this stipulation has been settled in the Maritime Public Registry National.
Without the consent of the mortgage creditor, the owner of the mortgaged vessel will not be able to tax it, or give it in chartering or lease, or agree to pay advance payment of income or freight for a term that exceeds the duration of the mortgage, under the penalty of nullity of the contract on the part that exceeds the duration of the term.
Article 104.- In the event of loss or serious deterioration of the vessel, the mortgage creditor is entitled to exercise his rights over the wrecks and in addition to:
I. Compensation due for material damage to the ship or ship;
II. The amounts due to the common breakdown vessel;
III. Indemnities for damage to the ship or ship, for the purpose of services provided; and
IV. Insurance Indemnities.
Article 105.- The mortgage action will be prescribed in three years, counted from the maturity of the credit it guarantees. For the execution of the maritime mortgage will be the provisions of the respective title of this Law and suppletoriely to the provisions of the Federal Code of Civil Procedures.
Article 106.- The cancellation of the registration of a mortgage may only be performed by the express will of the parties or by judicial resolution.
OF BOAT UTILIZATION CONTRACTS
Article 107.- When in the contracts covered by this Title, the parties refer to internationally recognized and accepted type of policy names, the contract concluded shall be understood to correspond to the clause of those policies, as they are known at international level, except that part of the said clause has been amended by means of an agreement of any means of data transmission, cross-over between the parties; such data shall be understood policies were modified in the terms of the correspondence.
Article 108.- If a contract has not yet been signed by both parties, but the cross-correspondence between them is derived from the terms of the contract and the parties they have begun to execute it, the contract shall be understood to exist and is valid in terms of the parties ' agreement on their correspondence.
Article 109.- For the application of the clauses, if there is only reference to them by their names without the full text, they will be applied according to the uses and international customs.
Article 110.- The provisions of the preceding articles of this Chapter shall not apply to the contract of carriage of passengers by sea, which shall be governed by What is established in this Law.
Article 111.- Are considered boat utilization contracts:
I. Bare-hull lease;
II. Chartering for time;
III. For travel chartering;
IV. For the carriage of goods by sea;
V. Of maritime passenger transport;
VI. The transport trailer; and
VII. Any other contract of a maritime nature under which a vessel or a given vessel is used.
Article 112.- The contracts governed by this title shall also be governed by the provisions of the parties and, as otherwise provided, by the provisions of the contract for the use of vessels with which they have the greatest analogy, or the provisions of the supply orders.
Article 113.- For the contractual use of the vessels, the obligations arising from the nautical management and the commercial management of the vessels will be taken into account the same, in accordance with the following:
I. The nautical management shall comprise all the activities necessary to ensure safe navigation, for the good governance and technical operation of the vessel; and
II. The commercial management shall comprise all activities of a commercial and administrative nature, necessary for the proper operation of the vessel.
BARE-HULL LEASE CONTRACT
Article 114.- Under the bare-hull lease, the lessor is required to make for a specified time available to the tenant, a A given vessel in a state of navigability, without armament and without crew, in exchange for payment of an income. For the purposes of this Law, the lease and the contract of chartering to the bare hull, will be considered synonyms and their regulation will be the same.
Article 115.- The lessee will assume the nautical and commercial management in the quality of the vessel of the leased vessel and must return it to the term agreed upon the state in which it received it, except for the normal use of the equipment and its equipment.
Article 116.- The bare-hull lease must be entered in writing on a lease policy. It will be governed by the will of the parties and, in the absence of the parties, will be in accordance with the provisions of this Law and its provisions. The minimum contents of the bare-hull lease policy will be as follows:
I. The individualization elements of the craft;
II. Name and address of the landlord and tenant;
III. Place and conditions of delivery of the vessel;
IV. Place and conditions of the return of the vessel;
V. Duration of the lease;
VI. Amount and form of freight payment; and
VII. The ability or not to sublease or assign certain rights.
Article 117.- The tenant will respond to the landlord of all third-party claims arising from the operation and operation of the vessel and will be responsible for the maintenance and repair of this, with the exception of repairs that come from the own vices of the same, which will be in charge of the lessor. The shares relating to the lease shall be prescribed in one year.
Article 118.- The purchase option may be agreed upon in the bare-hull lease agreement, as well as other special clauses that extend to the specialty of the operation that through it will be performed.
Article 119.- Under the chartering contract, the charterer is obliged to put a vessel in a state of navigability, at the disposal of a charterer, who shall You will need to pay for a freight.
Article 120.- Without prejudice to the contractual arrangements freely selected by the parties through international vessel chartering policies or of space, the chartering contracts shall be classified by time and by travel.
Article 121.- Under the chartering contract for time, the charterer is obliged to put an armed and crew vessel at the disposal of the charterer by a given time, in return for payment of a freight.
Article 122.- In the chartering contract for time, the following rules shall be met, except as provided for by the parties:
I. The charterer shall be obliged in addition to the above mentioned in the previous article, to present at the agreed date and place and to maintain during the term of the contract the designated vessel, armed conveniently to fulfill the obligations envisaged in the contract; and
II. The charterer shall retain the nautical management of the vessel, leaving the commercial management of the vessel to the charterer, with the captain obedience, within the limits of the chartering policy.
Article 123.- Under the travel charter contract, the charterer is required to make all or part of a vessel with a crew at the disposal of the charterer to carry out one or more trips.
Article 124.- In the travel chartering contract, the parties and the following rules shall be subject to the following rules:
I. The charterer shall be obliged, in addition to the above mentioned in the previous article, to present the designated vessel at the agreed place and date and to maintain it during the voyage in a state of navigability, which is suitably armed to meet the requirements of the obligations arising from the chartering policy;
II. The charterer shall retain the nautical and commercial management of the vessel;
III. The charterer must deliver on board the quantity of goods mentioned in the chartering policy. In the event of non-compliance with this obligation, the entire freight must be paid; and
IV. The charterer is responsible for the goods received on board, within the limits of the chartering policy.
Article 125.- The chartering contracts must be entered in writing on a chartering policy. It will be governed by the will of the parties and, in the absence of the parties, will be in accordance with the provisions of this Law and its provisions. The minimum contents of the chartering policy shall be as follows:
I. The individualization elements of the craft;
II. Name and address of the charterer and charterer;
III. Where appropriate, place and conditions of delivery of the vessel;
IV. Where appropriate, place and conditions of the return of the vessel;
V. Where applicable, duration of chartering;
VI. Amount and form of freight payment; and
VII. The faculty or not of subchartering or ceding certain rights.
Article 126.- For other chartering contracts, the parties and, where appropriate, the parties shall be bound by this chapter.
Article 127.- Actions arising from chartering contracts will be prescribed in one year.
FREIGHT SHIPPING CONTRACT
Article 128.- Under the contract for the carriage of goods by sea, the vessel or the operator shall be obliged to the board or the loader by payment of a freight, to move the merchandise from one point to another and to deliver it to its consignee or consignee.
Article 129.- The contract for the carriage of goods by sea shall consist of a bill of lading, the same to be issued by the carrier or the operator to each board member. The bill of lading shall also be the representative title of goods and proof of receipt of the goods on board the vessel.
In multimodal transport services in which a segment is a shipping segment, the operator must issue at the time when the goods are taken under his or her custody, the document in which the contract is concluded, which may or may not be negotiable, at the choice of the consignor.
Article 130.- The freight rates for scheduled services in height navigation and surcharges will be freely agreed by the carriers and the users in accordance with the provisions of the Convention on a Code of Conduct for Maritime Conferences.
The freight rates for other freight shipping services will be freely agreed by the carriers and service users.
The Secretariat shall be empowered to establish the basis for the regulation of tariffs in the provision of maritime freight services when in the opinion of the Federal Competition Commission does not have effective conditions of competition.
The tariff regulation will be abolished when the Federal Competition Commission, at the request of the Secretariat, interested or ex officio, opines that the conditions that They gave birth to no longer exist.
The Secretariat will be empowered to request the opinion of the Federal Competition Commission in order to determine the application of the regulatory guidelines for rates to be allowed for the provision of the service under satisfactory conditions of quality and efficiency.
Article 131.- The bill of lading must contain the following minimum requirements:
I. Name and address of the vessel or operator or operator and the loader;
II. The name and address of the recipient or the indication of the order;
III. Name and nationality of the vessel, voyage and number of bills of lading;
IV. Specification of the goods to be transported, pointing out the elements used for identification;
V. Value of freight and any other charges derived from transport;
VI. Indication whether it is freight paid or receivable;
VII. Mention of the loading and destination ports;
VIII. Mention of mode and type of transport;
IX. The site of the site where the goods must be delivered to the consignee; and
X. A clause corresponding to the terms and conditions in which the parties are obliged to carry out the maritime transport of goods.
Article 132.- The loader will provide the shipping or operator at the time of loading, the exact identification data of the same as the loader itself will be to be noted. The charger shall be obliged to indemnify the vessel or the operator of all losses, damages and expenses arising from the inaccuracies of such data.
Goods of a flammable, explosive or dangerous nature not declared as such may be landed, destroyed or transformed into harmless by the undertaking Shipping, without compensation and the loader of such goods will be liable for damages caused. When carrying out their respective duties, the charger, the carrier and the related subjects, shall comply with their obligations in respect of the prevention of marine pollution, in accordance with the provisions of Title VI of this Act.
Article 133.- The provisions of this Chapter shall apply to contracts for the carriage of goods by sea, provided that any of the Assumptions:
I. That the loading or unloading port provided for in the bill of lading is located in Mexican territory;
II. That in the bill of lading it is established that it will be governed by the provisions of this Law; and
III. That one of the optional download ports is located within Mexican territory.
The provisions of this chapter will not apply to chartering policies, but if a vessel's boarding knowledge is issued subject to this type of policy, These shall be subject to these provisions.
Article 134.- For the period of liability of the vessel or operator, as well as for the liability regime of the vessel or operator and for its quantitative limitation by the The International Treaties on the matter will be in accordance with the provisions of the International Treaties.
Article 135.- The ship or operator upon receipt of the goods to be transported, shall issue to each board an interim document of receipt for shipment, which credit the delivery of the goods and as soon as they are shipped, they will issue the respective bill of lading, same that will be exchanged for the provisional document.
Goods shall be deemed to be delivered when they are held by the recipient or at their disposal, in accordance with the contract, this Law or the uses and customs international maritime authorities; or, in the possession of an authority or third party to whom according to the applicable legal provisions, they must be delivered.
Article 136.- The removal of the goods shall constitute, unless proof to the contrary, a presumption that they have been delivered by the vessel or the operator in the the form indicated in the bill of lading, unless before or at the time of removal of the goods and of placing them in the custody of the consignee in accordance with the contract of maritime transport, notice in writing to the vessel or operator or to the operator in the port of unloading of losses or damages suffered and of nature general of these.
If such losses or damages are not apparent, the notice must be given within three days of delivery. If the above warning is not given, they will be delivered in accordance with the agreement of the bill of lading.
Article 137.- Shares derived from shipping by bill of lading will be prescribed in one year, counted from the fact that the goods were at the disposal of the consignee or the vessel arriving at its destination without the reference commodity.
PASSENGER SHIPPING CONTRACT
Article 138.- Except for the provisions of this chapter, the provisions of this chapter shall be of an imperative nature, rights in favour of passengers on the consignment note shall be unrenountable.
Article 139.- Under the contract of maritime passenger transport, the vessel or the operator is obliged to transport on a previously defined route, to a passenger, after payment of a ticket. This contract must be on a ticket, the same as the carrier or nominee.
Article 140.- The Secretariat shall be empowered to establish the basis for the regulation of tariffs in the provision of maritime passenger transport services. where in the opinion of the Federal Competition Commission there are no effective conditions of competition.
The tariff regulation will be abolished when the Federal Competition Commission, at the request of the Secretariat, interested or ex officio, opines that the conditions that They gave birth to no longer exist.
The Secretariat will be empowered to request the opinion of the Federal Competition Commission, in order to determine the application of the regulatory guidelines. rates to enable the provision of the service under satisfactory conditions of quality and efficiency.
Article 141.- The shipping or operator will have the obligation to deliver the respective ticket to the passenger, which must have at least the following requirements:
I. Name and address of the vessel or operator;
II. Where appropriate, name of the passenger;
III. Name and nationality of the vessel;
IV. Route or path;
V. Price of the passage;
VI. Date and place of boarding;
VII. Port of landing and, where appropriate, the scales to be made by the vessel during the voyage; and
VIII. The name and address of the insurers of the vessel or operator.
Article 142.- The liability of the vessel or owner acting as a carrier under the passenger shipping contract shall be subject to the following rules and regulations:
I. The carrier shall be liable for damages caused by the death or bodily injury suffered by the passenger, as well as for loss or damage to baggage, if the event causing such damage occurred within the carrier. carrying out the transport and is attributable to the fault or negligence of the carrier or those acting in its representation;
II. Unless otherwise tested, the fault or negligence of the carrier or its representatives shall be presumed where they have acted in the performance of their duties, if the death or bodily injury of the passenger or the loss or damage caused Cabin baggage has been the direct or indirect result of shipwreck, boarding, stranding, explosion, fire or technical failure or proper management of the vessel. In respect of loss or damage caused to baggage of other type, unless otherwise tested, the fault or negligence shall be presumed, irrespective of the nature of the event causing the loss or damage;
III. The carrier designated in the contract and the carrier executing the contract shall be jointly and severally liable to the passenger for the obligations arising out of this Act and the contract for the carriage of passengers by sea;
IV. The carrier shall not be liable for any loss or damage caused in relation to money, marketable effects, precious metals, jewellery, ornaments, works of art and equivalent valuables, unless such objects have been handed over to the latter and expressly accepted them to protect them;
V. If the carrier proves that the passenger's fault or negligence has been the cause of death of the passenger or of his bodily injury, or of loss or damage caused to the baggage; or that such fault or negligence has contributed Substantially the liability of the carrier shall be deemed to be attenuated or exempted; and
VI. The liability for the carrier shall in no case exceed the following amounts:
a. 16,000 special drawing rights for each passenger's death or bodily injury;
b. 400 special drawing rights for loss or damage caused to cabin baggage;
c. 1,400 special drawing rights for the loss or damage caused to vehicles, including in these the luggage carried inside or on them;
d. 600 special drawing rights for the loss or damage caused by baggage other than those mentioned in the preceding points.
The right to receive the indemnities set forth in this article, as well as the fixing of the amount, shall be subject to the provisions of this Law, to the Civil Code. Federal. For the ranking in the payment of the same, it will be within the provisions of article 501 of the Federal Labor Law.
The carrier will be prevented from benefiting from the limitation of liability determined in this article if it is shown that death, injury or damage is due to an action or omission from this one that has taken place, either with an intention to cause such situations; or, recklessly and in the knowledge that it would likely occur.
Article 143.- The vessel or operator is required to contract sufficient cover insurance to compensate passengers and their beneficiaries, in accordance with the respective regulations.
Article 144.- If by fault of the vessel or operator, the vessel does not sail on the date the passenger is communicated, the passenger will return the value of the ticket and the goods you would have shipped.
Article 145.- The vessel or operator is the holder of the privilege and the right of retention on the registered luggage and vehicles derived from the contract of maritime passenger transport.
Article 146.- The passenger will be entitled to cancel or waive the service delivery and obtain a return for it, in advance and in accordance with the amounts determined by the respective regulations, which will differentiate the extension of the routes. After the time limits set out above, the passenger shall not be entitled to any refund.
Article 147.- Shares arising out of the passenger shipping contract will be prescribed within one year, counted from the date of landing on the destination port. If the vessel does not sail, from the date on which the passenger was informed of such a situation.
TRANSPORT TRAILER CONTRACTS
Article 148.- The trailer contract, regulates the operation of moving a vessel or other object from one place to another under the direction of the master of the towing vessel, by supplying it with all or part of the traction force.
Article 149.- In the trailer contract, both the towing vessel and the towed vessel will respond to third parties of the damages that cause, unless proof to the contrary. In cases where only the towing vessel is manned during the towing operation, the latter shall be solely responsible to third parties for the damage caused.
Article 150.- The actions arising from the carriage contracts shall be prescribed within six months from the date agreed upon for the purpose of the contract. delivery at the place of destination.
Article 151.- The Secretariat shall be empowered to establish the basis for the regulation of tariffs in the provision of towing services, when in The opinion of the Federal Competition Commission does not exist for effective competition.
The regulation of tariffs will be abolished when the Federal Competition Commission, at the request of the Secretariat, interested or ex officio, opines that the conditions that They gave birth to no longer exist.
The Secretariat will be empowered to request the opinion of the Federal Competition Commission in order to determine the application of the regulatory guidelines for rates to be allowed for the provision of the service under satisfactory conditions of quality and efficiency.
NAVIGATION HAZARDS AND ACCIDENTS
Article 152.- The approach to the collision between two or more vessels or between these and floating naval artifacts is understood.
If after the boarding, a ship will wreck in the course of its navigation to port, its loss will be considered as a consequence of the approach, except test in
The provisions of this Chapter shall apply even if the boarding occurs between vessels of the same owner.
Article 153.- In its nautical aspect, the vessels must comply with the obligations laid down in the International Convention on the Prevent Collisions.
Article 154.- All cases of the Address will be resolved in accordance with the Convention for the Unification of Certain Rules of Address, without prejudice to the right to limit the liability established in this Law.
Article 155.- For boarding cases with another vessel in tow, if the direction of the trailer was in charge of the towed, the convoy will be considered as a single transport unit for the purposes of liability to third parties. If the steering of the maneuver was in charge of the towing vessel, the responsibility lies with the latter.
Article 156.- The actions arising from the approach will be prescribed in two years from the date of the accident. If you are entitled to repeat as a result of having paid for other persons also responsible, the person shall prescribe after a year starting from the date of payment.
Article 157.- It is understood as a breakdown any damage or impairment that the vessel suffers in port or during navigation, or that it affects the cargo since it is shipped until their landing at the place of destination, as well as any extraordinary expenditure incurred during the issue for the conservation of the vessel, the cargo or both.
Breakdowns are sorted into:
I.- Common or coarse Averia. It is the one in which the extraordinary sacrifice or expense for the common security contracted intentionally and reasonably, is carried out in order to preserve from a danger the properties committed in a common risk of the marine navigation. The amount of the common breakdowns shall be borne by all those interested in the journey, in proportion to the amount of their respective interests; and
II.- Averia particular or simple: that which should not be considered as common breakdown. The amount of the particular breakdowns shall be borne by the owner of the good who suffers the damage or who carries out the extraordinary expenditure, without prejudice to the actions for which he is entitled to exercise against third parties.
Article 158.- Acts and contributions relating to the common breakdown shall be governed, unless otherwise agreed, by the York Antwerp Rules in force at the time of the breakdown declaration.
Article 159.- The extraordinary sacrifices and expenses for the common safety of the vessel must be decided by the captain and only be admitted to common breakdown of those which are the direct and immediate consequence of the common failure act in accordance with the following rules:
I. Where there has been an act of common breakdown, the master shall settle it in the official navigation book, indicating the date, time and place of the event, the reasons and reasons for its decisions, as well as the measures taken on these facts;
II. It is for the master, the owner or the vessel owner of the vessel concerned to declare the common breakdown to the maritime authority immediately after the acts or acts causing it, and in the event of a dispute, the shall submit to the competent court. In the event of the failure of a port, the port shall be considered the first port of arrival;
III. If the master, the owner or the vessel does not declare the common breakdown, any person concerned may ask the competent court to declare the fault, a request which may be made only within a period of six months from the date of the arrival at the first port of arrival, after the event that resulted in the common breakdown. Where the parties to the common breakdown declaration agree, an adjuster shall be appointed by common agreement to carry out the relevant settlement;
IV. Where there has been an act of common breakdown, the consignees of the goods to contribute to it, are obliged, before they are given, to sign a breakdown undertaking and to make a deposit in money or grant guarantee to the satisfaction of the owner or ship to respond to the payment. In such a commitment or guarantee, the consignee may make all the necessary reservations. In the absence of a guarantee deposit, the owner or vessel has the right to retain the goods until the obligations set out in this fraction are met; and
V. The common breakdown declaration does not affect any particular actions that the ship or cargo owners may have.
Article 160.- Actions arising from the common breakdown shall be prescribed in one year from the date of arrival at the first port of arrival after the event that has resulted in the common breakdown declaration. Where a common breakdown undertaking has been signed, the prescription shall be operated at the end of four years from the date of its signature.
SEARCH, RESCUE, AND SAVE
Article 161.- By salvage operation any activity carried out for the purpose of assisting a vessel or for safeguarding other goods shall be understood which are in danger on inland waterways or in other marine areas, in terms of the provisions of the Maritime Salvage Convention of 1989.
By search and rescue operation, all activities carried out for the purpose of tracking and releasing persons in any situation of the danger at sea or in other waters.
When search, rescue or salvage operations are carried out, the knowledge of the maritime authority must be made immediately by electronic means. available and written in the first port of arrival within twenty-four hours of the arrival of this one.
Article 162.- Captains or any crew member of vessels who are close to another vessel or person in distress shall be obliged to to assist them in order to rescue them, and they will only be entitled to excuse themselves from this obligation, when doing so involves serious risk to their vessel, crew, passengers or their own life.
The consequences for failure to comply with this obligation will be governed by the provisions of the Federal Criminal Code. Owners and shippers will not be responsible for the failure to comply with it.
Article 163.- The organization and management of the Search and Rescue Service for the safeguarding of human life in the Mexican Marine Areas will be the responsibility of SEMAR, in accordance with the provisions of Article 8 Bis of this Law. The SEMAR shall determine the search and rescue stations to be established on the littoral, in accordance with the provisions of the respective regulations.
Article 164.- The salvage of vessels in the terms stated in Article 161 of this Law, within the jurisdiction of the port captaincy shall be coordinated by its holder, who shall be entitled to use the elements available at the port at the expense of the owner or shipping vessel of the vessel concerned, for the duration of the operation.
Article 165.- El Salvador, in addition to the maritime privilege that corresponds to it, will have the right of retention on the vessel and the saved goods until it has the reward due for the rescue and its interests is covered or duly guaranteed.
Article 166.- Search, Rescue and Rescue operations, as well as the parties ' responsibilities, rights and obligations, shall be governed respectively by international conventions in the field.
The parts of a salvage operation will be legitimized to conclude salvage contracts through standardized international policies, which will be recognised by the competent authorities as long as the provisions of the international treaty of reference are not violated.
REMOVALS AND DEBRIS OR SHIPWRECK DEBRIS
Article 167.- When a vessel, aircraft, naval device, cargo or any other object is adrift, in danger of sinking, sinking or stranded and in the judgment of the maritime authority, may constitute a danger or obstacle to the navigation, port operation, fishing or other maritime activities related to the waterways, or to the preservation of the environment, according to the The 1976 Liability Limitation Convention must be carried out the following:
I. The maritime authority shall notify the owner or vessel of the order to take appropriate measures at its expense to immediately begin its signalling, removal, repair, sinking, cleaning or any necessary activity, where does not pose any danger or obstacle in the terms of this article;
II. Upon notification of the order to the owner or vessel, in cases where there is a possible impact on the marine environment, the maritime authority shall be required to obtain an opinion from the competent environmental authority;
III. The deadline to comply with the order will be three months from the date of the notification. If such a requirement is not met, the maritime authority shall be empowered to remove or sink it, at the expense of the owner or vessel, without prejudice to the application of the administrative penalties. In the event of subsidence, the authorisation of the SEMAR, as the authority in the field of vertigo, shall be provided and
IV. During the course of the activities that comply with the order, the ship or the owner must inform the maritime authority about any contingency or possible affectation to the marine environment. This obligation shall not suspend the deadline for compliance with the order.
Article 168.- When the vessel, aircraft, naval artifact, cargo, or any other sunken or stranded object, is not found in the assumptions provided by the Previous Article, the vessel, owner or person who has acquired the right to extract, remove or reflobe, shall have within six months from the date of the accident to effect the relevant removal or activity. The obligation referred to in section IV of the previous Article shall be equally applicable.
Article 169.- Any person who, as a result of an administrative order or any other act, must perform the activities of extraction, removal, reflot or the activity that is relevant, shall carry out the work in the terms specified by the port master. In the cases provided for in the Regulation, it must also provide sufficient guarantee, the amount and time of the exhibition to be fixed by that authority.
Article 170.- In case the owner, ship or person who has acquired the right to extract, remove, reflobe or the activity that is relevant, in (a) by virtue of an administrative order or by any other act which does not conclude the exercise within the prescribed period, the Secretariat shall be empowered to declare the vessel or object in question to be abandoned, and shall therefore constitute the such declaration, property of the domain of the Nation.
In the cases of the preceding paragraph, the Secretariat shall be empowered to proceed to the operation of removal, rescue and sale of the goods in accordance with the law This is a matter of If the product of the sale is not sufficient to cover all the costs of the operation, the owner shall have the obligation to pay the Secretariat the difference, by means of the administrative procedure of execution.
Article 171.- The vessels lose their legal status as such to become derelictos or shipwreck remains, being able to recover such quality, if they are refloted and put in a navigability state.
Article 172.- It shall be considered to be the right of the vessel, the vessels that are adrift in a state of non-navigability their machines, anchors, remains of vessels and aircraft, goods thrown or falling into the sea and in general terms, all objects, including those of old origin, on which the owner has lost possession, which are found either floating or at the bottom of the sea or in any waterway or waters where the United Mexican States exercise sovereignty or jurisdiction.
Article 173.- Any person who discovers a right-hand person shall be obliged to communicate it immediately to the competent port authority by means of a declaration Circumstantial. If the right to the right is a danger in the terms of this Chapter, the port captain shall order the relevant activity in accordance with this Chapter.
Article 174.- The right of the right to be found in waters where sovereignty or jurisdiction is exercised, as well as the objects located in those waters, which have archaeological, historical or cultural characteristics of interest according to the law of matter, will be considered property of the Nation.
CIVIL LIABILITY ARISING FROM MARINE CASUALTIES
Article 175.- In accordance with the provisions of this chapter, the owner of a ship or naval device, when a disaster occurs, will be responsible for all damages caused to third parties by the exploitation of the same or by its cargo, as well as the measures taken to prevent or minimize such damage.
Article 176.- All vessels sailing or naval vessels that are located, in marine areas or in Mexican inland waters, must have a protection and compensation for civil liability in the terms of Title Seventh of this Law.
Article 177.- Without prejudice to the application of special liability regimes of other international treaties, or to its incorporated text by reference to this Law, any claim or claim arising from a marine casualty shall be governed by the Convention on the Limitation of the Liability of Claims of Maritime Law and, where appropriate, by the International Convention on Liability for Damage Caused by Pollution of the Waters of the Sea by Hydrocarbons.
In order to cover the additional compensation for damage caused by oil spills from tankers exceeding the limits of the the responsibility laid down in the agreement referred to in the preceding paragraph shall be as provided for in the International Convention on the Constitution of an International Fund for the Compensation of Hydrocarbons Contaminated by Hydrocarbons.
Article 178.- Any action or omission that constitutes a source of marine pollution in the terms described by this Law shall be prohibited. The offender shall be punished in accordance with the Title Tenth, without prejudice to the criminal consequences of the act or omission.
Article 179.- The respective regulations will establish a system of coordination between the authorities that have concurrent powers in the field of prevention of marine pollution, in such a way as to ensure compliance with the provisions of the International Treaties.
INVESTIGATION OF ACCIDENTS OR MARITIME INCIDENTS
Article 180.- The maritime authority shall be empowered to investigate any accident or maritime incident taking place on any waterway.
Article 181.- The captain or skipper of any vessel or in his absence the officer who keeps him in command, will be obliged to lift the protest record of all accident or maritime incident, as well as any other fact of an extraordinary nature related to shipping or to maritime trade. The act shall be understood to protest the circumstantial description of facts, raised before the maritime authority, which relates to any of the maritime accidents or incidents identified in the following article.
Article 182.- They shall be deemed to have their own characteristics such as accidents or maritime incidents as the case may be, as follows:
I. The boarding of vessels of any kind; or of seaplanes moored or in a position to tie or take off;
II. Forced and unanticipated arrivals;
III. The shipwreck, fire, stranding or winding;
IV. The common fault;
V. The act or omission that generates marine pollution; and
VI. The bound change of route or port of destination, occasioned by chance or force majeure.
Article 183.- On the subject of boarding, they will be entitled to ask the maritime authority for the lifting of the corresponding protest minutes. captains, skippers and crew members of the vessels involved in the same.
When the vessel is a foreign flag, the complainant may request that the country's consul of the flag of the vessel be present during the Measures to be taken. If the complainant is a crew member and does not dominate the Spanish language, the maritime authority shall provide the official translator free of charge.
Article 184.- The protest act will be filed with the port captain and subject to the following rules:
I. It must be lifted within twenty-four hours of the arrival of the vessel or, where appropriate, when the reported event occurred;
II. The complainant shall state the facts, acts or omissions of the complaint in detailed and circumstantial form;
III. On its own initiative or at the request of the complainant, the port captain shall be entitled to require the declaration of any person involved in the events reported or aware of them, as well as for carrying out the inspections and for the practice of (a) the assessment of the circumstances in which the reported events occurred, their probable causes, the damage caused and the persons to whom responsibility could be charged; and
IV. All actions shall be recorded in an administrative act, which shall be signed by those involved and by the port captain.
The actions to be carried out in the investigation of maritime accidents will have to respect in general the international provisions in the field, and special, those contained in the international treaties of the International Maritime Organization (IMO).
Article 185.- Realized the actions referred to in the previous article, the file shall be forwarded to the Secretariat, which shall:
I. Review the file in order to determine whether it is properly integrated and, where appropriate, provide that any other diligence that is deemed necessary is practised;
II. Issue an opinion, founded and reasoned, in which it is established whether administrative infringement was incurred.
In the case of salvage operations, the opinion issued by the maritime authority shall also determine the probable or estimated amount of the remuneration, which must be calculated in the terms of the International Maritime Salvage Convention. The provisions of this Article do not prevent the parties involved in salvage operations from asserting their rights before the competent courts and on the way in which they proceed.
The value of the opinion issued by the maritime authority shall be left to the discretion of the judicial authority.
III. Impose, where appropriate, the administrative penalties that correspond and to consider it appropriate, to take the actions to the Public Ministry of the Federation, for the exercise of the functions that are responsible for it.
Article 186.- Maritime insurance contracts will be able to understand all legitimate insurable interest and will fall on:
I. The vessels and their accessories, whatever the place they are, even under construction;
II. The goods, their containers or any other class of goods on board;
III. The value of the rent or the freight as the case may be, the disbursements in which it incurs who organizes a maritime expedition, as well as the commissions for the marketing of the cargo; and
IV. The responsibility of the owner of the vessel, vessel, tenant, landlord, charterer, charterer, board member, operator, shipping agent and in general, any liability arising from or related to the exercise of the navigation.
Article 187.- All or part of the goods expressed in the previous article, together or separately, in time of peace or war, by travel or by term, for simple or round trip, about good news or bad news. The policy may be issued to the order of the applicant, a third party or the carrier.
Article 188.- The maritime insurance contract is consensual, it is perfected with the acceptance made by the insurer of the request made by the contractor. For testing purposes, the maritime insurance contract, as well as its additions and reforms, will be stated in writing on a policy or insurance certificate. In the absence of a policy or certificate, the contract will be tested by any other means of legal proof.
The printed sections of the documentation on the contract will not test the insured if the characters in the print are not readable. Handwritten or typed clauses shall prevail over the printed clauses.
Article 189.- The minimum coverage for maritime insurance will be:
I. For vessels as well as for related disbursements: the total, actual or implied loss caused by the fury of the elements of nature, explosion, fire, lightning, stranding, sinking, boarding or collision;
II. For work in craft construction: total, actual or implicit loss caused by, explosion, fire or lightning;
III. For goods: the material damage caused to the goods by fire, lightning, explosion or by stranded, sinking, boarding or collision of the vessel, as well as the loss of packages by whole fallen during the manoeuvres of cargo, transhipment or download;
IV. For the civil liability of the vessel: three-quarters of the liability for approaches that will be the responsibility of the hull and machinery insurer, and the remaining fourth part of the liability and compensation club; and
V. For other liability insurance: the amount of damages caused to others, their persons or property.
In the procurement of civil liability insurance for claims of a maritime nature, the amounts of limitation laid down by the Treaties will be International in the field.
Article 190.- In addition to the risks outlined in the previous article, the insurer shall be obliged to indemnify in the terms provided for in this Law, the Insured contribution:
I. By common breakdown, as the York Rules-Amberes; and
II. For salvage reward.
The insurer will also be obliged to indemnify the expenses incurred by the insured in order to prevent the insured object from suffering damage or to reduce its effects, provided that the damage avoided or diminished is covered by the policy. In any case, these expenses may not exceed the value of the damage avoided.
Article 191.- The insured shall be obliged to contribute to the rescue of the insured objects. The insurance beneficiary must take all measures to prevent or reduce the damage. If there is no danger in the delay, the persons concerned shall request instructions from the insurer and shall comply with them.
The expenses incurred by the insured in this respect will be paid to you by the insurer, with the limit of the value of the damage avoided. The coverage noted in this article will be additional to the coverage of damages or damages of insured things.
Article 192.- Except as provided for in the previous article, the insurer shall be liable for the value entered in the invoice, or in the case of not having been entered up to the damage actually caused, up to the limit of the actual value secured. Where an express declaration is inserted in the contract that the vessels, the freight, the disbursements or the goods have been valued by common agreement between the parties, it shall also be for the payment of premiums, as well as for the assessment of the damage and its compensation.
Notwithstanding the agreement mentioned in this article, the assessment may be challenged, not only by the general grounds for the nullity of the obligations, but also by manifest exaggeration of the price of the vessels, the freight or the disbursements at the place of origin, or the current price of the goods at the place of destination.
Article 193.- In addition to the risks identified in this Title, the parties will be entitled to agree to cover any other particular breakdown may be insured, in transit, in a dock, in port, in a warehouse, in transit through other means of transport, or before or after a maritime expedition. Vessels or their operators may also agree to cover other types of liability arising from the exercise of navigation.
In the case of boat insurance and in the case of disbursements, the coverage of the special remuneration for the savior may be agreed in accordance with the Convention. International on Marine Salvage.
Article 194.- When the parties refer to internationally known and accepted maritime insurance policy clauses, the contract will be understood to be (a) the content of the contract, as it is known at the international level, is held.
If part of the clause has been modified by means of correspondence of any means of cross-data transmission between the parties, it shall be understood that These policies were changed in the terms of the correspondence. If there are only references to internationally known and accepted clauses by their names or by their numbers without the full text, they shall apply in accordance with international customs and customs.
Internationally known and accepted maritime insurance policy clauses, such as the Clauses of the Institute of Insurance Insurers, will be considered. London -Institute of London Underwriters Clauses-; Clauses of the American Institute-American Institute Clauses-as well as the rules and clauses of any protection and indemnity club-Protection and Indemnity Club Clausen-belonging to the International Association of Protection and Compensation Clubs.
Article 195.- The subscription of the policy will create a legal presumption that the insurers have admitted as accurate the assessment made to it of the effects insured, except for cases of omissions or inaccurate statements. If the insurer proves the insured's fraud, the insurance contract shall be void for the insured and the insurer shall earn the premium, without prejudice to the corresponding criminal consequences.
Article 196.- The value of the vessel, which has been stipulated in the corresponding insurance policy, will be considered. If the parties are to be in such a position, the value of the vessel shall be the value at the time of the commencement of the risk; and of the goods or effects, the current at the place of their destination.
Article 197.- Correspond to the insurer the burden of proof consistent in arguing that the claim has occurred because of a risk not included in the policy.
Item 198.- The shipping insurance contract that falls on:is null
I. Genres of illicit trade;
II. The vessel dedicated to smuggling;
III. The vessel which, without a force majeure which prevents it, shall not be taken to sea within six months of the date of issue of the policy of failure to inform the insurers of the reasons for such omission;
IV. The vessel that unjustifiably addresses a point other than the stipulated one; and
V. Things in which information was distorted.
Unless otherwise agreed, the contract will not be considered void when the vessel is in a dry dock for repairs or repairs no matter how long it is. require.
Article 199.- If a premium increase is stipulated in the policy in the event of a war risk, and the percentage of such a premium has not been fixed increase, this will be determined by the uses and customs of the international maritime insurance market.
Article 200.- All actions arising out of a maritime insurance contract will be prescribed in two years, counted from the date of the event or event that gave them origin.
Article 201.- Pursuant to this article, if the claim was due to the diversion or change of route or justified travel, the insurance will continue in and the insurer shall be entitled to charge the additional premium that corresponds, as well as to establish the conditions of coverage to be agreed between the parties. An additional premium shall not apply where the diversion, change of route or journey has been the result of a fortuitous case or force majeure, or shall be made to assist persons or vessels in distress.
Article 202.- The insurer will not be entitled to force the insured to sell the secured object to determine the value of the secured object.
Article 203.- Any party shall be entitled to request that the damage caused be value without delay, for which it shall each appoint an expert, as well as a third for the case of discord between the experts of each party.
The application for valuation will be promoted before the District Judge of the first port of arrival of the vessel or the address of the defendant at the choice of the actor, the procedure shall be followed in accordance with the procedure laid down for the incidents in the Code of Commerce.
Article 204.- The insurer's intervention in the valuation of the damage shall not imply its acceptance to pay the value of the claim, nor its waiver to oppose exceptions.
Article 205.- All insurance contracted after the disaster or the arrival of the insured objects or the conveyor vessel will be null, if the risk was known in advance to the conclusion of the contract by the insured person or, if the insurer was already aware that the risks had ceased.
Article 206.- The insured will have no obligation to report to the insurer the aggravation of the risk. The insurer shall be liable for such aggravation, but shall in turn have the right to charge the additional premium that corresponds, as well as to establish the conditions of coverage.
Article 207.- If the person who contracts the insurance, knowing the total or partial loss of the insured things, will be personally responsible of the event as if it were on its own account. If, on the other hand, such a contractor does not know the fraud committed by the insured owner, all the liabilities shall be borne by the insured owner, and the insurers shall be paid the agreed premium. The same provision shall apply to the insured person when he/she contracts insurance through the third party and is able to save the insured.
Article 208.- In case of boarding or seizure of the vessel and not having time the insured to proceed according to the agreement with the insurer or expect instructions from you, will be legitimized by itself or by the captain in his absence, to proceed to the rescue of the insured things, putting it in the knowledge of the insurer on the first occasion that is possible.
Article 209.- In the case of the previous article, the insurer shall be entitled to accept or not accept the agreement concluded by the insured or the captain, communicating their resolution within 24 hours of the notification of the agreement, in accordance with the following:
I. If you accept it, you will deliver in the act the amount agreed upon by the rescue and the subsequent risks of the trip will be left on your own, in accordance with the policy conditions;
II. If you do not accept it, you will pay the insured amount, losing every right to the rescued effects; and
III. If, within the pre-fixed term, I do not express your resolution, you will understand that you reject the agreement.
Article 210.- Payment of the insured amount shall be covered no later than thirty working days after the insurer has received the documents or information which merge the claim.
Article 211.- The insurer shall respond, unless otherwise agreed, to the damage and losses caused by hidden defects of the goods subject to the contract.
Article 212.- When the coverage referred to as "all risk" in international uses and customs is contracted in transit goods insurance, it shall be understood that the goods are covered by any particular damage caused by accidental and external causes inherent in transport.
Article 213.- The obligation stated in Article 211 of this law shall exist unless it proves that the insured knew such vices or was to know them if he had worked with diligence.
Article 214.- Unless otherwise agreed, if the subject matter of the insurance has been designated only by its gender, all that of such a gender shall be considered exist on the vessel.
Article 215.- Unless otherwise agreed, the validity of the insurance on the goods shall be initiated at the time when the goods are delivered to the carrier or are placed at their disposal. It shall also cease with its delivery to the consignee at the place of its destination, when they are placed at their disposal or, where they were due to have been placed at their disposal in accordance with the insurance policy used.
Article 216.- They shall be understood to be covered by insurance coverage if expressly not excluded from the policy, the scales that are required to be made for the conservation of the vessel or its cargo.
Article 217.- If the shipment is insured by several insurers in different amounts, but without designating the insurance merchandise, it will be paid compensation in the event of loss or breakdown by all insurers, in proportion to the sums insured for each of them.
Article 218.- In the case of goods insurance, the specific designation of the goods may be omitted, as well as the vessel to be transported, if not These circumstances should be noted to the policyholder.
If in the course of this article the vessel will suffer a covered maritime risk, in order to be entitled to claim the compensation the insured will be obliged to prove in addition to the loss of the vessel its departure from the port of charge, the boarding on its own account of the lost effects and its value.
Article 219.- The insurer will respond to the aggravation of the risk caused by the fact that the goods and the related interests are transported on board vessels that are not technically fit to receive and handle the specific load, but shall be entitled to charge an additional premium, as well as to establish the conditions of the coverage.
Article 220.- If by disabling the vessel before leaving the port, the load will be transhipped to another, the insurer will have the option of continuing or not contract paying for the breakdowns that have occurred. If the disablement overcomes after the trip is started, the insurance will remain in effect.
Article 221.- If the vessel will be absolutely disabled to navigate, the insured will have an obligation to give notice to the insurer within five years. business days counted from the day on which you have news of such disablement.
Those interested in the loading to be present or represented or in their absence the captain of the vessel, will practice all possible steps to drive the shipment to the port of destination, in which case it shall be borne by the insurer the risks and expenses of unloading, storage, reboarding or transhipment, surplus of freight and all other related, until the insured effects are allied the target endpoint designated in the policy.
Article 222.- Without prejudice to the provisions of the previous article, the insured shall enjoy the term of six months to drive the goods to the port of his/her on the date of the day on which you gave notice to the insurer. In the absence of this notice, the limitation period shall be computed from the date of entry into force of the insurance contract.
Article 223.- The owner of the goods may leave them when the steps taken by the cargo, the captain and the insurers to drive them to the port of destination in accordance with this title, they would not have had as a result to find a vessel in which to verify their transport.
Article 224.- If for the convenience of the insured the goods will be discarded in a port closer than the one designated to end the trip, the insurer does not will be obliged to make a reduction of the contracted premium.
Article 225.- Unless otherwise agreed, in cases of particular failure of the insured goods, the following rules shall be observed:
I. All that has disappeared for theft, loss, sale on travel, for cause of deterioration, or for any of the maritime accidents included in the insurance contract, shall be justified according to the invoice value or in its defect, by the which has been given to it and the insurer shall pay its amount; and
II. In the case of the arrival of the vessel to a good port, the goods in whole or in part will be damaged, the experts will indicate the value they would have if they have arrived in a healthy state, considering at all times the value invoice, and the that have in their state of disrepair.
The difference between the two liquid values, plus the discount of customs duties, freight and other analogues, shall constitute the value or amount of the breakdown, the expenses caused by the experts and others if any.
Having relapsed the breakdown above all the insured cargo, the insurer will pay in its entirety the demerit that results; but if I only reach one part, the insured will be reintegrated into the corresponding proportion. If the likely benefit of the charger has been the subject of special insurance, it shall be settled separately.
Article 226.- On boat insurance, both the hull and the machinery, the fixed or movable belongings and accessories shall be understood destined permanently to the navigation and the ornate of the same, all of which will be considered a universality of fact. Boat insurance will also be known as hull and machinery insurance.
Article 227.- In case of interruption of travel by embargo or forced detention of the vessel, the insured will have the obligation to inform the insurer so as soon as you are aware of the event and you will not be able to exercise the leave action until the six-month period provided for in this Title has elapsed. It shall also be obliged to provide the insurer with all possible assistance in order to achieve the lifting of the embargo or to achieve it by itself.
Article 228.- Except as provided for in this Title, under no circumstances may the insurer be required to pay compensation, a sum greater than that of the total amount of the insurance, whether the ship saved after a forced arrival for the repair of breakdowns is lost; either that the part to be paid for the breakdown amount more than the insurance or that the cost of the different breakdowns and repairs on the same journey or within the insurance period, exceed the sum insured.
Article 229.- Unless otherwise agreed, the insurer shall not be liable for any mechanical damage caused to the engines or to the navigation instruments, if such damage does not result directly from a sea accident.
Article 230.- Boat insurance may be contracted either for a trip, for several consecutive trips or for a given time.
Article 231.- If the ship's insurance has been contracted for travel, its validity shall begin at the time of commencement of boarding. If boarding has already been initiated, from the moment it departs or unmoored and terminates at the time the vessel is anchored or moored at the port of destination or upon termination of the unloading, provided that the duration of such manoeuvres does not exceed 15 working days. If the insurance is taken as the journey of the vessel is already initiated and the time it takes effect is not stipulated, it shall be understood to have its effects from the first hour of the day on which the insurance was contracted.
Article 232.- In the ship insurance contract for a given time, the days will be computed from zero to twenty-four hours. The liability of the insurer shall cease at twenty-four hours of the day on which the stipulated time limit is met, according to the time of the place where the policy was issued.
If the ship's insurance for time is due to be on travel or in danger or in a forced or scale-up port, it will be extended from full to the the time the vessel reaches its final destination and is duly moored or anchored. The insured must pay the supplementary premium.
Article 233.- Unless otherwise agreed, the ship's insurance will be understood to cover only four-fifths of its amount or value.
Article 234.- Unless otherwise agreed, the insurer of the vessel shall be responsible for three quarters of the amounts secured by the insured person to other persons. for damage caused by boarding. If the insured person is in demand, he shall report the judgment to the insurer who may apply the exceptions to the insured person.
Article 235.- The damage to the vessel will be repaired or compensated by the insurer. If the vessel or the duly authorised master chooses to repair the ship, the insurer shall be entitled to monitor the repair of the ship.
If you opt for the compensation, it will be paid in the average amount that results from the calculation of values between new and old. In the absence of agreement between the parties, the calculation of the values shall be computed according to expert estimates.
Article 236.- Damage caused to the vessel secured by another vessel owned by the same insured or operated by the same person shall be considered as caused by another person. Rescue or rescue services which are provided to a vessel secured by another, belonging to the same insured or operated by the same person, shall be deemed to have been provided by another person.
Article 237.- If as a result of the repair the value of the vessel will increase by more than one third of the one assigned to it in the insurance, the Insurer will pay two-thirds of the amount of the repair, discounting the greatest value it would have given to the vessel.
Article 238.- If the repairs exceed three-quarters of the value of the vessel, it is understood that it is disabled to navigate and will proceed leaving because of the implicit total loss.
Article 239.- The vessel will be considered lost if thirty calendar days elapse after the normal deadline for arrival, without it reaching its destination and not news from her.
Article 240.- Income or freight insurance may be made by the charger, by the lessor, the charterer or the captain; but they may not secure the advance that they have been taken into account for their income or freight, but when they have expressly agreed that in the event of the loss of the load, the amount received shall be returned.
Article 241.- In rent or freight insurance, the sum to be expressed shall be expressed, which may not exceed what appears in the lease policy, of chartering or in the knowledge of boarding.
CIVIL LIABILITY INSURANCE
Article 242.- The liability insurance of the owner of a vessel, the vessel or the charterer of the vessel, shall cover all damages imputable to other persons or to their property, by the use or operation of such a vessel or by the loading, fuel or waste spilled, discharged or unloaded.
In accordance with the provisions of this Title on internationally accepted rules and clauses, insurance coverage and indemnity insurance (a) the liability of the third party to be paid by the Member State in which the person concerned is liable to pay compensation to the third party affected by any claim or claim which is regulated by the latter; Law or international treaties.
LEAVING SECURED ASSETS
Article 243.- The damage or impairment shall be considered to be broken, but if the insured chooses to claim the total, actual or implied loss, he/she shall report to the insurer your intention to leave. If it does not do so, it shall be understood that it shall only be able to act in accordance with the International Treaties in this field.
Article 244.- In the event of a total, actual or implied loss, the insured will have a period of two months since he became aware of the loss, for communicate in writing to the insurer its intention to leave. Implicit total loss shall mean the reduction in the insured value by at least three quarters.
Article 245.- The dejation may not be partial or conditional and transfer the domain and rights of the insured over the insured objects to the insurer, to change to receive the total payment of the sum insured. The insurer, without prejudice to the payment of the sum insured, may refuse to transfer the property. The subrogation of the rights and obligations of the insured to the insurer will only operate after the express acceptance of the dejation by the insurer.
Article 246.- The dejation of the vessel to be declared to the insurer in writing may be carried out in the following cases:
I. For total loss;
II. By disablement of the vessel to sail by stranded, rupture or any other sea accident;
III. By implicit total loss; or
IV. For lack of news regarding their whereabouts after thirty calendar days, in which case the loss will be due to the day when news of the vessel is last.
Article 247.- The income or freight of the goods to be saved shall be understood as falling within the vessel, even if it has been paid In advance, considering the membership of the insurers, subject to the rights of the other creditors.
Article 248.- The dejation of the goods shall be declared to the insurer in writing and may be effected in the following cases:
I. For total loss;
II. For total implicit loss;
III. When they have been destroyed by order of authority or sold in the course of the journey, in both cases where the above is the result of breakdowns suffered by the insured goods resulting from a covered risk; or
IV. When the vessel is considered to be lost or when it becomes impossible to navigate, if the goods are not reshipped within four months.
Article 249.- When the vessel is presumed lost or is disabled to navigate, the insured of the goods will be able to leave the same and require the total amount of insurance, if they are not reshipped within three months.
Article 250.- The insurer has the right to object to the dejation, but will lose this right if it does not do so within the fifteen working days following that in which receive the declaration.
Article 251.- Admitted to the dejation or declared admissible in judgment, the property of the things left, with the improvements or flaws that in them come from the time of the dejation, shall be transmitted to the insurer without being released from the fulfilment of the obligations of the payment of the repair of the goods or the vessel legally left.
Article 252.- The dejation will not be admissible:
I. If the losses have occurred before the trip begins;
II. If it is done in a partial or conditional manner, without understanding all of the secured objects;
III. If the insurers are not aware of the purpose of doing so within four months of the day on which the insured has received the news of the loss, and if the dejation is not formalised within a given year in the same way; and
IV. If it is not done by the same owner or person specially authorized by him or by the commissioner to contract the insurance.
Article 253.- If the vessel has been represented, the vessel will be reintegrated into the insured person's possession, all expenses and damages will be rejected. caused by the loss, being on behalf of the insurer such drawback. If, as a result of the dam, the insured effects are passed on to the possession of a third party, the insured person may exercise the right of leave.
Article 254.- The international sales contract shall be considered to be the maritime modalities of the contract in which at least one section of the transport is carried out by sea route.
Article 255.- All maritime sales shall be governed by the United Nations Convention on the Contracts of the International Sale of Goods, by the Convention on the Prescription in Matter of the International Sale of Goods, by the Convention on the Representation in the International Sale of Goods, and in an extra way by the Code of Commerce and the Federal Civil Code.
Article 256.- When in the contracts covered by this Title, the Contracting Parties refer to the International Trade Terms (hereinafter referred to as "the International Trade Terms"). INCOTERM or INCOTERMS, respectively-of the International Chamber of Commerce, it is understood that the contract concluded corresponds to some of the marine modalities as the case, as they are known in its current edition conclusion of the contract, except that part of the obligational content of the contract has been amended by means of a correspondence agreement of any means of cross-data transmission between the parties; in which case it is understood that the maritime sale was modified in the terms of that correspondence.
Article 257.- If a contract has not yet been concluded, but cross-correspondence between the parties is derived from the terms of the contract, and these have started execute, the contract shall be understood to exist and is valid in terms of the parties ' agreement on their post-conclusion correspondence.
Article 258.- For the application of INCOTERMS, if the contractors only refer to these by their names without the full text, they will be applied according to its current edition at the time of the conclusion of the contract.
Article 259.- When INCOTERMS refers to the obligation of the customs office for appropriate relevance, it is understood that such an obligation does not exist when in an area of free trade or equivalent, is not required for a customs procedure; this in accordance with the INCOTERMS agreed upon at the time of the conclusion of the contract of sale.
Article 260.- When the INCOTERMS refers to the necessary verification operations, these are the ones related to quality verification, measure, weight, counting and equivalent, in respect of goods to be delivered in accordance with INCOTERMS agreed upon at the time of the conclusion of the contract of sale.
Article 261.- When in INCOTERMS reference is made to the obligation of packing, this will always exist, unless it is usual in the specific traffic the goods described unpacked, in accordance with the INCOTERMS agreed upon at the time of the conclusion of the contract of sale.
Article 262.- When in INCOTERMS reference is made to the possibility of replacing a bill of lading or any other similar transport document for an electronic data exchange-EDI-equivalent message, such a document shall be a credit title only when it gathers the items to be considered as such in accordance with the General Law on Credit Titles and Operations.
Article 263.- The existing legal relationship between the seller and the buyer will be independent of the relationship between the carrier and the carrier. This latter relationship shall be governed exclusively in accordance with the provisions laid down in Title V of this Law.
MARITIME PROCEDURAL PROVISIONS
Article 264.- Except as expressly provided in this Law, the processes and procedures of a maritime nature regulated in this Title shall be applied in a manner supletory, the rules of the Code of Commerce, and, failing that, those of the Federal Code of Civil Procedures.
The federal courts and the maritime authority in their respective areas of competence will be empowered to hear about the processes and procedures regulated by the law. (a) this Law, and the provisions of international treaties, without prejudice to the fact that, in the terms of the applicable rules, the parties submit their differences to an arbitration decision. The choice of applicable law will be recognized according to the provisions of this Law and in its absence by the Code of Commerce and the Federal Civil Code, in that order.
In the interpretation of international treaties and international rules referred to in this Law, judicial and administrative authorities must establish their Decisions and administrative acts taking into account the uniform nature of maritime law. Similarly, in the interpretation of internationally accepted contracts or clauses, decisions and administrative acts shall take into account the agreement or clause agreed upon, corresponding to the mandatory content, such as and how they are accepted internationally.
For the interpretation of any source of maritime law, both the judicial and administrative authorities, and the interested parties in the proceedings, may be free to provide non-binding legal opinions of associations of the industry, whether national or foreign. The value of the legal opinions provided by the parties shall be the prudent assessment of the authority.
Except as expressly provided for in this Law, the time limits specified therein shall be computed on working days.
Article 265.- For the placement of a trial in maritime matters, when the defendant has his domicile abroad, the same shall be made by letter (a) a request for a request from the Member State of the European Union for the purposes of this Directive; The site may only be used by vessels which have met the requirements laid down in Article 23 of this Law.
If the defendant has his domicile within the jurisdiction of the District Judge who is aware of the trial, he/she shall answer the claim within nine working days. following the date on which the site has been set up. If it resides outside the jurisdiction referred to and has been placed through its shipping agent, it shall produce its defence within 90 working days of the date on which the site has been carried out at the address. registered with the maritime authority by the agent.
In the judicial or administrative proceedings in which a vessel is loaded, before proceeding to its safety and auction, the certificate of the registration and liens of it in the National Maritime Public Registry, when the vessel is registered in the country, and the creditors that appear in it will be cited to exercise the rights conferred to them by the present Law.
Article 266.- The inspection of the navigation book or the certificates of a vessel shall be made on board of the vessel, or at the offices of the captaincy of port where the vessel is located. When the inspection is carried out in the port captaincy, at the end of the port captaincy, the objects of the port shall be returned immediately to the vessel, without being transferred elsewhere.
Article 267.- Where in this title the obligation of the owner, shipping or related entity to grant a guarantee is established, the presentation of a guarantee letter from the respective protection and compensation club, where the latter is a member of the International Association of Protection and Compensation Clubs, provided that it complies with the requirements laid down in the respective regulations.
BOAT OR LOAD ATTACHMENT OR RETENTION
Article 268.- The creditor or holder of the rights of retention of a ship or naval device that has promoted, or is to promote, the right to request as a precautionary measure the attachment of the vessel or the cargo related to its claim, for which the originals of the documents in which it consists of its claims must be displayed, specify the amount of the claims, or the amount of the claim, if already are presented; describe the objects of the measure, as well as state the reasons for which such a measure is deemed necessary.
Article 269.- The embargo of vessels or naval artifacts shall be permitted only for the following credits:
I. Loss or damage from the use of the vessel;
II. Death or bodily injury oversold, on land or in water, in direct relation to the use of the vessel;
III. Assistance or rescue operations or any salvage contract, including, if applicable, special compensation for assistance or rescue operations in respect of a vessel which, by itself or by its cargo, threatens to cause damage to the environment;
IV. Damage or threat of damage by the vessel to the environment, the coast or related interests; measures taken to prevent, minimize or eliminate such damage; compensation for such damage; the costs of reasonable measures to restore the environment; the environment actually taken or to be taken; losses incurred or may be incurred by third parties in relation to that damage;
V. Expenses and disbursements relating to the release, removal, recovery, destruction or elimination of the hazard presented by a sunken, wrecked, embedded or abandoned vessel, including anything that has been or has been on board of this, and costs and disbursements related to the conservation of a vessel and the maintenance of its crew;
VI. Any contract relating to the use or lease of a vessel formalised in the form of a lease or otherwise;
VII. Any contract relating to the carriage of goods or passengers on the vessel in the form of bill of lading, ticket or otherwise;
VIII. The loss or damage caused to the goods-including the luggage-carried on board the vessel;
IX. The coarse breakdown;
X. The trailer;
XI. The pilotage;
XII. Goods, materials, provisions, fuels, equipment-including containers-supplied or services provided to the vessel for use, management, conservation or maintenance;
XIII. The construction, reconstruction, repair, transformation or equipment of the vessel;
XIV. The rights and charges of ports, canals, docks, radings and other waterways;
XV. The salaries and benefits due to the captain, officers and other members of the endowment by virtue of their coiling on board the vessel, including repatriation costs and social security contributions payable on their behalf;
XVI. The disbursements made on behalf of the vessel or its owners;
XVII. The insurance premiums -including protection and compensation-payable by the owner of the vessel, or by the lessee to the bare hull, or on his own account in relation to the vessel;
XVIII. The commissions, corretages or fees of agencies payable by the owner of the vessel, or by the lessee to the bare hull, or on his own, in relation to the vessel;
XIX. Any dispute concerning the ownership or possession of the vessel;
XX. Any dispute between the co-owners of the vessel about their use or the product of their exploitation;
XXI. Loans secured by mortgage or garment; and
XXII. Any controversy resulting from a contract for the purchase of vessels.
Article 270.- The measure of embargo is decreed by the District Judge and will be confirmed by any means of transmission of texts to the Secretary of the Navy, to the Secretariat, and to the port captaincy for the corresponding effects.
Article 271.- The embargo execution diligence shall be entered in a record, in which the inventory of the embargoed things shall be entered; the the status of the location and the location where they are to remain, as well as the name of the person responsible for their custody.
Upon request of the advocate of the embargo, the Judge may authorize the disposal of goods where they require immediate disposal because they cannot be preserved. without deterioration or corrupt, because they are exposed to a serious decrease in their price, or their conservation is too costly in comparison with their value; the product of the sale must be made available to the judge who knows about the process.
Article 272.- The person concerned shall state in his initial statement the amount of the claim, if the judgment is not yet established. The decision granting the measure shall fix the amount of the amount to be secured, which shall be sufficient to respond to the damage and damage caused to it.
Article 273.- The part against which the embargo is enacted may in turn obtain the lifting of the measure, granting sufficient counter-guarantee to respond to the of the results of the trial.
If the value of the guarantee is referred to periodic benefits and the respective process is extended for more than six months, the District Judge may require, interested party request, increase the warranty to the amount you consider prudent.
Article 274.- The precautionary embargo shall be decreed without an audience of the counterparty, and shall be executed without prior notification. If the measure was enacted before the start of the trial, it will remain insistently if the suit is not filed within five working days after it was practiced, and the state that they kept before the measure will be restored.
The applicant for the embargo will respond to the damages caused by the decree of the same, if it does not promote the corresponding process within the five The following business days, or if processed, the statement is out of estimate.
It shall be competent to know of the precautionary embargo the District Judge of the place where the vessel or the port of disembarkation of the goods is found, according to the case.
MARITIME MORTGAGE EXECUTION
Article 275.- It is competent to know of the maritime mortgage process, the District Judge with jurisdiction at the debtor's domicile or at that of the port of registration of the vessel, at the choice of the actor, and for its processing, the rules of Chapter III of Title Seventh "of the Mortgage Trial" of the Code of Civil Procedures for the Federal District, as not provided for in the The following fractions:
I. When the District Judge admits the lawsuit, he will order the seizure of the vessel and send the respective notes in the corresponding portfolio of the National Maritime Public Registry. Likewise, the request will be accepted, the District Judge will communicate it by telephone and will confirm it by any means of transmitting texts to the Secretariat of the Navy, to the Secretariat and to the port captaincy to the effect that no dispatch is granted. the port's departure to the vessel is not permitted;
II. The diligence of the embargo shall be initiated with the order of payment to the debtor, its representative or the person with whom the payment is understood, and if the payment is not made, the debtor, his representative or the person with whom the payment is made shall be required. diligence, to deliver to the depositary designated by the actor, the vessel embargoed; and the defendant shall be followed;
III. After the closing date of the pleadings, the Judge of the District will give judgment, and if in this order the auction of the mortgaged vessel is ordered, the auction will be carried out based on the price that the parties have agreed, and in the absence of agreement, in the resulting from the valuation to be made in the terms of the code;
In any case, before proceeding to the auction, the certificate of registration and liens of the vessel must be displayed in the National Maritime Register, where it is registered in the country, and the creditors who appear in the country shall be quoted to exercise the rights conferred upon them by this Law; and
The award will be made, the vessel will be delivered to the purchaser free of charge, prior to the payment of the balance of the offered price and will be ordered the corresponding policy writing. At the same time, notice shall be given to the National Maritime Public Registry to make the relevant changes in the vessel's register and in the event that it is acquired by a foreigner, in order for the flag to resign.
CLAIM BY APPROACH
Article 276.- The issues of competence in the field of boarding will be resolved in accordance with international treaties, as well as by the provisions of the Title Ninth, Chapter I of this Law. The District Judge with jurisdiction in the first port of arrival of any of the vessels in which the suit is filed shall be known to the District Judge.
Article 277.- The nature, scope, causes and amount of damages arising from a claim by approach may only be tested by judicial inspection and expert opinions rendered in the terms of the Trade Code. The opinions given in the protest procedure shall have an index value only.
Article 278.- The opinion issued on the occasion of the protest procedure shall not bind, in the sense of the judgment to be given, nor to the Judge The District of the District that is aware of the claim for damages and damages or to the person who is being prosecuted for criminal proceedings.
Article 279.- The opening of a criminal investigation or the processing of any process of the same nature shall not prevent the prosecution of a criminal investigation. Commercial or civil claim process by approach. The judgment in the criminal field shall not prejudice the liability to be established in the commercial or civil judgment.
COMMON BREAKDOWN DECLARATION, COMMITMENT, AND SETTLEMENT
Article 280.- When a common breakdown act has occurred, the master must settle it in the official navigation books, indicating the date, time and place. of the event; the reasons and reasons for its decisions, as well as the measures taken on such events.
Article 281.- Correspond to the captain, the owner or the vessel of the affected vessel to declare the common breakdown to the maritime authority and in case of dispute, the lawsuit will be filed with the District Judge with jurisdiction in the first port of arrival of the vessel, after the acts or facts causing the breakdown. In the event of the failure of a port, the port shall be considered the first port of arrival.
Article 282.- If the captain, owner or ship does not declare the common fault, any interested party may request the competent District Judge, that the request is declared, that request may be made only within a period of six months from the day of arrival at the first port of arrival, after the event that resulted in the common breakdown.
Article 283.- If the parties to the common breakdown declaration agree, an adjuster who performs the settlement shall be appointed by common agreement. corresponding.
Article 284.- When a common breakdown act has occurred, the consignees of the goods to contribute to it shall be obliged, before the those who are given to them, to sign a breakdown commitment and to make a deposit of money or to grant guarantee to the owner or ship's satisfaction to respond to the payment that corresponds to them. In such a commitment or guarantee, the consignee may make all the reservations he deems appropriate.
In the absence of a guarantee deposit, the owner or vessel will have the right to hold the goods until the obligations set out by the latter are met. Article.
Article 285.- The common breakdown declaration shall not affect the particular actions of which the vessel or the owners of the cargo may hold.
Article 286.- In the common breakdown maritime process, any person with legal interest may request the competent District Judge, the court statement of common breakdown, as well as the determination of the acts to be considered in the liquidation of the common breakdown.
Article 287.- In the event of the owner or vessel requesting the common breakdown declaration, the name and the name of the vessel must be stated in its initial statement of application. Address of the interested parties to contribute to the latter.
The car that supports the common breakdown procedure must be notified personally to the owner or ship, and by registered mail, to those interested in known address. The Judge shall also order the publication of the order of admission in the Official Journal of the Federation and in a newspaper of national circulation, for three times, and shall mediate between one and another publication three working days, which shall also be fixed in the strates or notices board of the Court.
Interested parties shall answer the claim within nine working days of the date of the last of the publications referred to in this Article.
Article 288.- In the lawsuit and defence, the parties shall provide the evidence they intend to present during the trial, displaying the documentary evidence they have in their possession, or the sealed document by which they have applied for documents that they did not have in their possession.
Article 289.- After the deadline for responding to the complaint, the Judge shall provide for the admission or disposal of the evidence offered, and shall indicate a period of Forty working days for his or her Deahogo. Where the proceedings of proof of proof have been carried out outside the place of the trial, the Judge shall indicate a term of up to sixty-ninety working days, if it is evidence to be taken out within the Mexican Republic or outside the Republic of Mexico, respectively, provided that the following requirements are met:
I. To be requested at the time of testing;
II. To indicate the names, surnames and addresses of the parties or witnesses, who are to be examined, in the case of the confessional or testimonial test, and the statement of positions or the examination of the evidence must be displayed in the same act corresponding; and
III. To be designated, in the case of an instrumental test, the public or private files where the documents are found to be shown or presented in originals.
The Judge when qualifying about the admission of the evidence, will determine whether the statement of positions or the interrogation exhibited for the confessional or the testimonial, they keep relationship to the controversial points or if the documents and witnesses were appointed when the claim was filed or answered, and if they do not meet these requirements, they will be discarded outright.
In case of an extraordinary term, for the presentation and the proof of any proof, the Judge will ask the offeror, to deposit an amount to guarantee the payment of a possible financial penalty, in the event of failure to surrender any of the evidence requested to be carried out outside the place of the trial, in accordance with Article 1383 of the Trade Code.
Article 290.- Concluded the receipt and proof of proof, the Judge shall open the period of pleadings for three working days common to the parties. On the expiry of that period, the parties shall be summoned to hear a final judgment in which they shall decide whether or not the common breakdown is to exist and the determination of the acts to be considered in the liquidation of the common breakdown, as the case may be. case.
Article 291.- In the common breakdown maritime procedures appeals will only be admitted in the return effect.
Article 292.- The definitive statement declaring the existence of the common fault must contain the order for the stakeholders to designate adjuster within the the term of ten working days counted from the last publication. The judgment shall be published in accordance with the provisions of Article 287.
Article 293.- In the event of several adjusters appointed by the parties, the Judge shall indicate a day and time for a reconciliation hearing to be verified, within the following ten working days, in which the parties are urged to agree on the appointment of the adjuster.
In case of disagreement between the parties the Judge will resolve between those proposed.
Article 294.- Once designated, the adjuster shall submit in writing, within five working days, the acceptance of the charge conferred, his faithful and legal performance, and must annex copies of his professional cedula or the documents certifying his quality of expert in the matter.
If you do not accept the charge within the given time limit, you will be removed from it.
Article 295.- The adjuster will formulate the settlement within sixty business days counted from the acceptance of his appointment, based on the Rules (a) the provisions of paragraph 1 of this paragraph shall not apply to any of the following: The settlement shall establish the total amount of the settlement, the extraordinary sacrifices or expenses of the common breakdown and the amounts corresponding to each of these concepts, as well as the amount of the contribution that each party has to make. assume. If the adjuster does not make the settlement within the prescribed period, he/she shall be removed from office.
Article 296.- Any interested party may challenge the settlement within nine business days. With the impeachment written, the interested parties will be given notice that within three working days they will express what is at their right.
If the District Judge finds the objections raised, he will grant the adjuster a period of twenty working days to make the adjustments to the settlement.
Article 297.- In the final analysis, the Judge will subpoena the parties to hear a judgment which must be pronounced within eight working days. next.
Article 298.- Any interested party may apply to the competent District Judge, the non-existence of the declaration of common breakdown declared to the authority maritime. Such claims shall be submitted in accordance with the procedure laid down in Articles 287 to 291 of this Law.
The car that supports the application must be personally notified to the owner or ship.
Article 299.- When an out-of-court common breakdown procedure is aired and the parties do not agree on the appointment of the adjuster, they may attend before the District Judge competent to request his appointment. The procedure shall be carried out in accordance with Articles 293 to 297 of this Law.
COMPENSATION FOR SALVAGE
Article 300.- The salvage process is intended to declare the existence of the process, the right to reward for the saviors, as well as its remuneration and distribution between them.
The competent District Judge at the first port of arrival of the vessel, after the event that has given rise to the rescue, will know the rescue process. In case the vessel does not arrive at the port of destination by virtue of the events that gave rise to the rescue, it will know the District Judge with jurisdiction in the port of origin of the last trip or the port of destination at the choice of the actor.
Also, in case the vessel is saved in Mexican waters, but was not taken to port as a result of the rescue and did not have as a port of origin or destination port located in the Mexican Republic, will know of the rescue process the District Judge with jurisdiction in the place where the captaincy of port is found that has been given notice in accordance with the provisions of article 161 of this Act.
Trying to save Mexican vessels that are not in any of the cases mentioned in this article, you will know about the rescue process. the District Judge with jurisdiction at the place of the address of the vessel owner or vessel.
Article 301.- The salvage procedure may be initiated by any suspected savior or the owner or ship of the ship saved. In the case of several saviours, the actor must indicate in his initial statement of demand the name of these, as well as his domicile in case of knowing them, to the effect that they are called to judgment in his quality of part, being able to offer proof, to allege and interject all kinds of defenses and resources.
In any rescue procedure, the Judge shall order the publication of the order of admission in the Official Journal of the Federation and in a newspaper of national circulation, for three times, having to mediate between one and another publication three working days, which shall also be fixed in the strates or boards of notices of the Court, to the effect that any interested person may intervene in the same within the term of thirty days After the last publication.
Article 302.- The owner or ship that initiates the salvage procedure may remove the vessel or the well saved, by setting up a guarantee to the judge's satisfaction.
Article 303.- Except as provided for in this Chapter, the rescue procedure shall be ventilated in accordance with the rules of the ordinary commercial judgments and in the final judgment the Judge shall decide on the right of the saviours for the recovery of the reward, and where appropriate, the amount of the reward and their distribution between them.
LIMITATION OF CIVIL LIABILITY
Article 304.- The liability limitation process is intended to declare the existence of the right to it and to determine the total sum that, in the case of being convicted, the owner, the vessel owner or the person entitled to pay, in accordance with the International Treaties referred to in this chapter, to a set of creditors, as well as to establish the manner in which that sum must be distributed among these.
Article 305.- Any action to attempt the limitation of liability shall be subject to the Convention on Limitation of Civil Liability Claims in Maritime Law and, where applicable, by the International Convention on Liability for Damage caused by the Pollution of the Waters of the Sea by Hydrocarbons or in the international treaties of the matter.
Article 306.- The responsibility limitation action is met by the competent District Judge at the port where the event occurred or, if it occurred out of port, in the first port in which after the event it stops. In case the vessel does not arrive at the port of destination by virtue of the events that gave rise to the limitation of liability, it will know the District Judge with jurisdiction in the port of origin of the last voyage or the port of destination at the choice of the actor.
Article 307.- The request for a liability limitation declaration must be filed within the following year counted from the owner, A person who is entitled to a claim is aware of the first complaint lodged against him on the grounds of a complaint subject to limitation. In addition, the owner, vessel owner or entitled subject may request the declaration of limitation within the year following the event that gave rise to the event.
Article 308.- The liability limitation declaration request must contain:
a) The actor's name, name, or social reason, as well as the name of the respective vessel;
b) A succinct narrative of the descriptive circumstances of the trip during which the probable facts or causes of the trip would have occurred the liability in question, with reference to the date and place of termination of that date;
c) The amount to which the actor's liability is intended to be limited and the formula for the calculation of the actor; and
d) A relationship of the likely claimants of the fund, indicating their names and addresses, as well as the causes that could cause their claims against the fund and an estimate of the amount of the same.
Article 309.- The application must be accompanied by all documents that the actor has in his possession and which must serve as evidence on his part. In any event, the Judge who knows about the matter will only be able to admit the demand to be processed when the actor accompanies the title of ownership of the vessel, certified copy of its tonnage and the record of registration in the National Maritime Register for the case that is Mexican, as well as the deposit ticket for the amount that the actor intends to limit his or her liability or guarantee sufficient for it.
Article 310.- The limitation fund shall constitute a property of affectation for the payment of the credits recognized in the limitation procedure liability, even if the actor has been declared in a commercial contest, unless the procedure of limitation of liability is declared inadmissible or the actor is disused.
Article 311.- The car that supports the liability limitation procedure must contain:
a) Name, name, or social reason for the person allegedly responsible, as well as the name of the vessel;
b) The place and date of the event;
c) The amount by which the limitation fund was constituted;
d) The order for the actor to suspend the payment of any credit attributable to the liability limitation fund;
e) The order to suspend any embargo or execution orders against property owned by the actor derived from credits attributable to the limitation fund responsibility;
f) The order for the actor to register such a resolution in the National Maritime Public Registry, in case of Mexican vessels; and
g) The summons to the alleged creditors for the purpose of submitting their credit for examination within 30 working days, with the warning that Failure to file your claim in time and form will be prevented from exercising any rights related to such claim against the owner, ship or subject.
Article 312.- The order for which the liability limitation procedure is accepted must be personally notified to the actor, as well as to the alleged creditors with known domicile. Where it is necessary to notify suspected creditors residing abroad, the opening of the limitation procedure, a period of 60 working days shall be indicated for the submission of their claims, with the warning given in point (g). of the preceding article.
Article 313.- In any case, the District Judge will order the publication of an extract of the self-admissory in the Official Journal of the Federation and in a newspaper of In the case of the case, the Court of State held that the Court of State held that the Court of State held that the Court of State held that the Court of State held that the Court of the right of the constituted fund to present to the examination its credits within the the term set out in Article 311, which shall begin to run from the day following the last publication of the edicts.
Article 314.- The actions and trials followed by the alleged creditors against the owner, shipping or legitimate subject who are in the process of virtue of any action subject to limitation arising from the same event, at the time of the admission of the claim will accrue to the procedure of limitation of liability.
Article 315.- When in a different procedure the executed judgment has been given, by which the existence of a credit claim against the The creditor in question must submit to the Judge a certified copy of that decision. The judge must acknowledge the credit in the terms in which it was pronounced.
Article 316.- Against the order that denies the limitation of liability procedure, the appeal in both effects, against which he declares it, is appropriate. comes only in the return effect.
Article 317.- The appeal shall be filed within fifteen working days of the date on which the notification of the self-order and in the the appellant must express the grievances that it causes, provide evidence and, where appropriate, point out constances to integrate the evidence of appeal.
The Judge, in the order that admits the interposition of the appeal, will give an opinion to the opposing party so that in the term of nine working days answer the grievances, offer evidence and, where appropriate, point out constances to add to the testimony. The Judge shall order that the appeal and the referral to the court of appeal shall be lodged with the court within a period of three working days, if the original and the five are the same. I will try to testify.
Article 318.- The high court, within two working days of receipt, the testimony or the cars, as the case may be, will dictate a car in the person who must admit or discard the appeal, and shall decide on the evidence offered and, where appropriate, open a period of 15 working days for his/her failure. The Court of Justice may extend the latter period by an additional 15 working days, where a test for reasons not attributable to the offeror has not been possible.
If there is no need for any test, or for which those which have been accepted are not drowned, a common term of 10 working days shall be granted to the parties. pleadings The court of appeal within five working days following the expiration of such time limits shall, without further processing, dictate the relevant judgment.
Article 319.- The statement declaring that the liability limitation procedure is not appropriate must be entered in the Maritime Public Register National, dealing with Mexican vessels, and order that things return to the state they had before.
The Judge will condemn the plaintiff to pay the court costs and costs in respect of any and all alleged creditors who have appeared on trial.
Article 320.- The alleged creditors shall submit their credit for examination within the time limits specified in this Chapter. The recognition procedure will be ventilated according to the rules that follow for the ordinary commercial trials.
Against the judgment in the procedure for the recognition of credits, the appeal is in effect for the purpose of the appeal.
Article 321.- Once you have caused the sentence to be executed in the credit recognition procedures, the Judge will quote for final hearing within the term of forty-five working days, in order to make known to the parties the proportion of the credits recognised.
They may attend the hearing, creditors whose claims for credit recognition have been declared to have been filed.
Article 322.- Concluded the final hearing the Judge will summon the parties to hear the final judgment, which must be pronounced within the fifteen days The following business Contrary to that judgment, the appeal must be appealed for both purposes.
Article 323.- For the imposition of the penalties provided for in this Law, as well as the interposition of the administrative appeal, the Secretariat will observe the provided by the Federal Law of Administrative Procedure.
Article 324.- For the purposes of this title, the general minimum wage in force in the Federal District at the time of application of the penalty is understood. In the event of repeated infringement, a fine shall be applied for twice the quantities referred to in this Title.
Article 325.- The sanctions mentioned in this title will not prejudge those that are derived from the application of the International Treaties.
Article 326.- The port captains in the territorial scope of their jurisdiction will impose a fine of fifty to one thousand days of minimum wage in force, taking in consideration of the risk or damage caused, the recidivism and subsequent compliance with the obligation, to:
I. Ships, for failure to comply with the requirements of Article 20;
II. Captains and boatmasters, for not bringing the original of the certificate of registration referred to in Article 10 on board the vessel;
III. Ships for failure to comply with the provisions of Article 51;
IV. Persons who commit infractions not expressly provided for in this Title, International Treaties, Administrative Regulations, or applicable Mexican official rules; and
V. The owners and vessels of domestic or foreign vessels who have made minor infringements of this Law, where they are known by means of the inspection mechanisms carried out by the maritime authority themselves or, in coordination with other dependencies.
Article 327.- The Secretariat shall impose a fine of one thousand to ten thousand days of minimum wage in force, taking into account the risk or damage caused, recidivism and subsequent compliance with the obligation, to:
I. Captains of vessels for not complying with the provisions of Article 159;
II. The boatmasters or who directs the operation on the naval artifacts, for failure to comply with the provisions of Article 30;
III Boat captains or skippers by:
a. Be to the sea, when for bad weather or forecast of this, the maritime authority prohibits to leave; and
b. Not to justify to the maritime authority the forced arrival of the boats.
IV. The owners of the vessels, for failure to comply with the provisions of Article 36;
V. Captains and boat patterns, by:
a. Do not fly the flag in Mexican waters, and
b. Missing source port outbound dispatch, from vessels arriving in port.
VI. The marine concessionaires which, without being subject to the requirements laid down in the regulation, authorize the arrival or dispatch of recreational craft; and the other dealers for infringing the provisions of this law and other ordinances and applicable provisions;
VII. The port pilots, for infringement of Article 58 and when they must be on the vessel do not do so;
VIII. The owners and vessels of domestic or foreign vessels that incur serious infringements of this Law, when they are known by means of the inspection mechanisms carried out by the maritime authority itself or, in coordination with other dependencies, and
IX. The shipping agents, for infringing the provisions of this law.
Article 328.- The Secretariat will impose a fine of ten thousand to fifty thousand days of minimum wage in force, taking into consideration the risk or damage caused, the recidivism and subsequent compliance with the obligation, to:
I. Ships and operators for lack of insurance as referred to in Article 143;
II. The owner, vessel or operator who authorizes or consents to the handling of the vessel, when the crew fails to accredit its technical or practical capacity;
III. Captains and boatmasters for not using the piloting or towing service when this is mandatory;
IV. The owners of the vessels or vessels by:
a. Proceed to the scrappage in contravention with the requirements of Article 90;
b. Do not carry out, within the time limit set by the maritime authority, the signalling, removal or removal of vessels, aircraft or naval vessels adrift, sunk or stranded;
c. For the provision of services referred to in Article 42 without permission from the Secretariat;
d. For not complying with the provisions of Article 177; and
e. For not having the insurance referred to in Article 176;
V. Natural or moral persons acting as a shipping agent or operator, without being authorised or registered in the National Maritime Register, respectively;
VI. Captains or boatmasters for failing to comply with the obligation laid down in Article 161;
VII. The dealers, for non-compliance with the provisions of Article 63;
VIII. Applicants for temporary navigation permits who in any way perform acts or omissions for the purpose of obtaining that illegal;
IX. The owners and vessels of domestic or foreign vessels that are seriously infringements of this Law, when they are known by means of the inspection mechanisms carried out by the maritime authority itself or, in coordination with other dependencies;
X. The shipping agents and, where appropriate, the owners of the vessel that do not comply with the provisions of Article 269 (III).
Article First.- The Navigation Law published on January 4, 1994 and its reforms of January 23, 1998 and May 26, 2000, is repealed.
Article Second.- The Maritime Navigation and Trade Act published in the Official Journal of the Federation of November 21, 1963 is repealed.
Article Third.- All provisions that are contrary to this Law are hereby repealed.
Article 4.- The Secretariat and other competent authorities that regulate activities established in this law shall, within one hundred and eighty days, to issue the regulatory provisions arising from this Law and as long as they are not issued, will continue to apply in force, in so far as they do not object to this order.
The respective regulations shall establish the permitted navigation regimes for each type of fishing vessel, taking into account the applicable provisions on the safety of human life at sea.
Article Fifth.- The permits and authorizations granted prior to the date of enactment of this Law, shall continue in force until the end of their effective.
Article Sixth.- Applications for permits or authorizations, which are in the process of being processed upon entry into force of this Law, will be subject to the and conditions foreseen by this.
Article 7.- The vessels that, upon entry into force of this Law, are located in the cases referred to in Article 89 of the Law, will have a period of 30 days To be withdrawn without the competent port captaincy declaring its abandonment.
Article Eighth.- The Federal Executive shall publish the regulations of this Law in a calendar year from the date of publication of the Law in the Official Journal of the Federation.
Article Ninth.- This Law shall enter into force on the following 30 calendar days of its publication in the Official Journal of the Federation.
Article Tenth.- Competition certificates, as well as port pilot appointments, issued prior to the entry into force of the present Law, they will be respected and will have full force. The Secretariat of Communications and Transport, within a period not greater than ninety calendar days, counted from the entry into force of this law, will carry out the exchange of the permits for the provision of the service of piloting by the respective certificates of competence provided for in Article 56 of this Law in favour of its holders, for which it will not require further requirement of the submission of the permit itself.
Mexico, D.F., on April 27, 2006.-Dip. Marcela González Salas P., President.-Sen. Enrique Jackson Ramírez, President.-Dip. Marcos Morales Torres, Secretary.-Sen. Yolanda E. González Hernández, Secretary.-Rubicas."
In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States, and for their due publication and observance, I request the present Decree at the Federal Executive Branch, in Mexico City, Federal District, at the thirty days of May of two thousand six.- Vicente Fox Quesada.-Heading.-The Secretary of the Interior, Carlos Maria Abascal Carranza.-Heading.