In case of damage or sinking of ships, yachts and boats, it is obligatory to issue a “sea report” by the Master. In case of damage to the goods they transport, a Marine Report is prepared in the same way.
The Marine Report is the official document that explains the accident or extraordinary situation that the ship was exposed to, is recorded with the participation of all or a part of the captain and other seafarers, and bears the ship’s seal and the signature of the captain.
The naval report is issued by the courts in Turkey. In other places, without prejudice to the provisions of the local legislation for Turkish Flag vessels, Turkish consulates issue a Marine report.
According to both local and international rules, the captain of each ship has to do this, regardless of the port of registration (flag). The captain has to apply to the court himself or through a lawyer. An application is made to the Commercial Court of First Instance in the place where the accident occurred by the captain or the attorney to whom he will give power of attorney. If there is no Commercial Court of First Instance, an application is made to the Civil Court of First Instance, where commercial cases are heard. The marine report consists of these minutes and their annexes. The information contained in the Marine Report is discretionary evidence that can be substantiated by any kind of evidence.
The preparation of the Sea Report is a legal obligation of the ship’s master. The captain of the ship is obliged to have the court detect all the accidents that may occur during the voyage or while the ship is anchored, regardless of the loss or damage of the ship or cargo, or the fact that the ship has to enter a harbor. In order to receive compensation from the insurance, the Sea Report must be submitted.
According to the provisions of Turkish Commercial Code Article 1098 and onwards, anyone who equips or proves that they are interested in the preparation of the Deniz report may request. It may be requested that the sea report be prepared in one of the following places without wasting time:
At the port of destination and, if more than one port of destination, at the first port of destination after the accident
If the ship is repaired or the goods are unloaded, at the port of shelter
If the voyage ends before reaching the port of destination due to the sinking of the ship or for any other reason, at the first convenient place where the master or the person deputing for him stops.
The documents to be attached to the petition to be submitted to the court are as follows:
Seafarer (personnel) list containing the names and surnames of all seafarers,
Photocopy of ship log,
captain report,
Sketch of the event that led to the naval report
While preparing the master’s report, which will be the basis for the sea report, and preparing the ship’s log on which it is based, the ship captains should pay attention to the following issues:
If the event is general average; The captain of the ship should clearly write his voluntary decision as “I have decided to take the following measures for the safety/safety of the ship and cargo and I have implemented this decision”.
“Strength of the wind” should be written on the left page and “the intensity of the storm” should be written on the right page.
In collision and settling events, the ship’s captain should write down certain openings, routes or where he is heading in relation to his cruise.
In case of load damage or possible load damage, the measures taken regarding the load, starting from the beginning of the loading, stacking, ventilation, temperature measurement, etc. events should be written.
