Turkish Grand National Assembly Warning: You Are Viewing Act, The Parliamentary General Assembly Has Already Adopted. If It Does Not Include The Changes Made Later. Sea Life And Property Protection Law And Ports Dek In Law

Original Language Title: TÜRKİYE BÜYÜK MİLLET MECLİSİ Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. DENİZDE CAN VE MAL KORUMA HAKKINDA KANUN VE LİMANLAR KANUNUNDA DEĞİ

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Law No. 5790

Acceptance Date: 16/07/2008

Article 1 dated 10.06.1946 and numbered 4922 Protection of Life and Property Article 1 of the Act has been amended as follows.
"Article 1 For the purposes of this Act;
A) Administration of Maritime Undersecretariat,
B) Vessel Name, regardless of tonnage and purpose of use, each vehicle can sail to another tool from the sea paddling,
C) Commercial ship: used at sea with the intention to provide stakeholders all ship
D) small watercraft: with the exception of passenger ships, full-sized 24 meters from the little ones all kinds of trade ship,
e) seaworthiness: boats of all merchant ships and marine facilities, machinery, general equipment, life saving, fire protection and fire-fighting situation, navigation equipment and communication systems, health conditions, freight and passenger transport capacity, marine pollution prevention equipment and other navigational safety issues in terms of allocation of be in a position to withstand the normal maritime distress their services when it appeared the
F) passenger captain, the other people on board due to the work of the seaman or ship, ship owner or operating the spouses and staff in the service with their children, the man traveling with a task when operating, representatives and officers transported animals shepherds, force majeure or by the captain of the sea rescue duty except for children under one year old with nobody aboard and received navlunl or navlunsuz moved everyone refers
Article 2 Article 2 of Law No. 4922 has been amended as follows.
"Article 2 Port administrative boundaries through time of departure from port the ship will make every trade is subject to permission to be given by the port authority. This allowed the port output document.
Port output document of the merchant ship seaworthy on demand;
A) seamen and equipment,
b) Number of passengers and cargo type,
c) Installation status,
matters specified in the documentation for the case to compliance with mandatory documentation of the case to determine the result of inspections conducted by the chair of the port of validity edited. Vessel, in any way understand or reach the port leaving the presidency harbor further information is to prevent the case whether favorable not harbor exit permit. "
ARTICLE 3 4922 Law No. Situated in Article 3 of" charter "to" regulation "has been changed to.
No. 4922 Article 4 first and the third paragraph of Article 4 of the Act has been amended as follows.
"Checking status at the end of a term understood to be in accordance with regulations on merchant ships' seaworthiness certificate" is issued. The duration of the seaworthiness certificate or no certificate like will not be given an exit permit to the merchant vessels that have been finished, for any reason, boats, machinery and documents of general hardware as essential parts of the merchant ship, which lost qualifications specified in the regulations of the maintenance will be canceled by the Administration. Lack ship of the essential components and other tools referred to in Article 3 and can be completed in less than equipment or can be repaired does not make the sea unfavorable. "
" in the document time, during the continuation of the journey that has lost the case in accordance with any reason regulations merchant ship, the completion of the commercial transaction It may continue the journey to the port. Such a commercial vessel, no trade can go to the nearest port can be repaired from the port completed without the journey. "
Article 5 4922 Law No. 5 located in the article" charter "to" regulations "has been changed to.
Article 6 in the first paragraph of the 4922 Law No. 6 article "Installing the brand" to "load and loading brand", "constitution" to "directive" form, the second paragraph is amended as follows.
"Administration, port service area, with small boats and fishing vessels, adjacent to bring the two ports or the Sea of ​​Marmara between all ports in continuous or regular deliveries to ships and simplified applications for ships to be used in an emergency, can recognize exceptions or exemptions. The Administration may require, you can check the working of merchant ships in the harbor border, according to the first paragraph apply. "
ARTICLE 7 4922 Law No. 7 th place in the article" constitution "to" directive "has been changed to.

Article 8, second sentence of the second paragraph of Article 8 of Law No. 4922 has been amended as follows.
"This statute shall be kept in the ship, considered the main documents of the ship."
Article 9 No. 4922 Law in the first paragraph of Article 11 of the "constitution" to "directive" form, the second paragraph is amended as follows.
"Borda undiagnosed to install brand or the ship certificates and the sea inordinately transport specified in the eligibility document (DWT) more passengers and are not allowed to ride the cargo carrying merchant ship."
Article 10 No. 4922 of Article 20 of the Act has been amended as follows.
"Article 20 - written reasons of this Act;
A) was not allowed to travel,
b) take a seaworthiness certificate,
c) has been canceled by the seaworthiness certificate of Administration,
d) the duration of the document history and has been extending the Administration, although
time the merchant ship pulled into the nearest convenient port to be kept retained from the immediate time. All expenses required to be taken to the destination of the ship's load is borne by the owner. In addition, the ship owner field;
150 GT for vessels up to two hundred and fifty to five hundred Turkish Liras Turkish Lira, the Turkish lira
150 GT 500 for vessels up to five hundred thousand Turkish Liras GT, 500 GT, 1000 GT
' two thousand of the New Turkish Liras for ships up to the Turkish lira, two thousand for ships
up to 3000 GT 1000 GT, shall be fined from Turkish lira Turkish lira, five thousand for ships
up to 10000 GT 3000 GT Turkish Lira Turkish Lira to the eleven, eleven
10000 for large ships on the GT's twentyfivethousand the Turkish Lira is given an administrative fine of up to Turkish Liras. One-third of the sentence referring to the captain of the ship and managed separately.
Withdrawal port for ships to be maintained and kept in port, load and with all occurring due to be transported to their destination the passenger charges administrative fines are paid in full or administrative penalty in the amount of the collateral vessels released at the discretion in Article 4 provisions shown.
From the date of the ship's detention despite the thirty days the captain or shipowner's ships in the event of failure to fulfill their obligations according to the provisions of this Article, the president of the civil authority of the place where the port is located, is sold without regard to the relevant port president and sea trade room of a commission procurement legislation by the provisions which the representative. This amount is paid to the owner's or legal representative on application to him in case of having the balance amount after being charged all expenses paid you and fines required for the port to withdraw the ship from the revenues derived from sales and housing. 6183 dated 07.21.1953 and this amount according to the Public Receivables Collection Procedure Law shall be charged in the case does not meet the costs of reinforcement from fines and the sales price but can not be carried out or carried out of the ship
These charges shall be collected pursuant to the general provisions with five delay hike percent month-Donat's case to be a Turkish citizen in a foreign natural or a legal entity or the captain. "
Article 11 No. 4922 second and third paragraphs of the Law Article 21 is amended as follows: .
"In determining the ship certificates in accordance with the Article 11 of this Law and sea transport from the limit specified in the eligibility document (DWT) that more passengers and cargo cruise ship pulled into the nearest convenient port retained from the immediate time. More passengers on board and all expenses required to be taken to the destination of the load borne by the owner. In addition, Article 20 of the ship-owner in the field given administrative fines specified limits. One-third of the sentence referring to the captain of the ship and managed separately.
Ship port withdrawal, evacuation of keeping the port and overload therefore consists of all costs with administrative fines are paid in full or administrative penalty amount is released as collateral vessel shown if. "The
Article 12- 4922 Law No. 22 Article the first paragraph is amended as follows.
"Article 12 of the written hazardous cargo loads in contravention of the provisions laid down in the statutes or carrying ship owner and the terms set forth in Article 20, the captain issued an administrative monetary penalty twice as much."
Article 13- 4922 Law No. last paragraph of Article 23 it is amended as follows.

"Administrative fines contained in this Act gives the president of the port authority. Harbors and coastal facilities with other sea areas outside the anchorage areas, the coast guard commanders audits result of being held in a de facto determination that requires the administrative penalty minutes and collected will be sent to the competent port authority to be done criminal process along with the other evidence. "
Article 14. Law No. 4922 has been added to the following temporary items.
"TEMPORARY ARTICLE 2- Until the enforcement of the regulation stated in this Act, shall continue in force and the non-implementation of the law in violation of this statute.
Provisional Article 3- 1380 on Fisheries issued pursuant to the 4922 Law numbered about operating under the Law fines were canceled. "
Article 15 04.14.1341 dated and 618 numbered ports by Article 2 of the Act is amended as follows: .
"Article 2. All ships and boats coming in and out of the ports of Turkey are subject to the provisions of this Act. the boundaries of the harbor with determining the jurisdiction of the public ports sea coordinates, looking over the harbor all kinds of watercraft outside the ship from its ports and ships, anchor, dock and mooring to mooring to buoys and merchandise with the rules here to be observed in the separation of explosive, flammable and similar dangerous materials unloading and loading method, locations and times, can stay in the port of ship time, other matters related to the establishment of order and discipline in the harbor with the prevention of environmental pollution regulation to be issued by the Undersecretariat for Maritime Affairs. "
ARTICLE 16 - enter into force on the date this law is published.
Article 17 - This Law shall be enforced by the Council of Ministers.

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