Faults in the Navigation and Other Technical Management of a Ship in Maritime Law

Entrance

Maritime trade is a field of activity involving high risks. The safe conduct of transportation depends not only on the technical competence of the ship but also on the diligence of the crew in its navigation and management. In this context, "navigation and technical management of the ship"is one of the most critical elements determining the carrier's liability in maritime trade law.

While the Turkish Commercial Code (TTK) accepts that the carrier is liable for loss, damage, or delayed delivery of the cargo, it also provides for certain exceptions. One of these is defects in the ship's navigation and other technical management . This provision, historically derived from the Hague-Visby Rules, has been recognized as a "reason for exemption from liability" in favor of the carrier; however, it has been narrowed down in the Hamburg and Rotterdam Rules.

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1. The Concept of Defect in Ship Navigation and Technical Management

1.1. Ship Propulsion

Ship propulsion relates to the steering of a ship at sea, navigation, and sailing activities

• Route planning,
• The use of nautical charts,
• Correct operation of navigation equipment,
• Speed ​​and maneuverability settings.

1.2. Technical Management

Technical management refers to keeping the ship operational and ensuring its safe operation

• Engine and machine maintenance,
• Electrical systems,
• Technical safety during loading and unloading,
• Warehouses should be properly ventilated.

1.3. Defect

Faults are defined as conduct that violates the duty of care in the navigation and management of a ship. These faults may arise from the negligence of the crew or from technical deficiencies on the part of the shipowner.

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2. Historical Perspective

2.1. The Hague Rules

The Hague Rules (1924) introduced a broad exception in favor of the carrier: the carrier is not liable for defects in the navigation and management of the ship.

2.2. The Hague-Visby Rules

This arrangement has been preserved, adopting an approach that significantly protects the carrier against the cargo owners.

2.3. Hamburg Rules

The Hamburg Rules (1978) increased the carrier's liability and accepted the carrier's liability even in cases of faults in navigation and management.

2.4. Rotterdam Rules

By adopting a modern approach, it has broadened the carrier's responsibility and largely eliminated the grounds for exemption stemming from The Hague-Visby Convention.

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3. Regulation in Turkish Law

Article 1182/2 of the Turkish Commercial Code lists defects in the navigation and technical management of the ship among the circumstances under which the carrier may be relieved of liability

• This provision from the Hague-Visby Rules .
• Therefore, Turkish law has adopted the traditional system, which prescribes narrower liability, rather than the Hamburg approach.

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4. Examples of Defects in Ship Navigation and Technical Management

4.1. Dispatch Defects

• Incorrect route selection,
• Incorrect use of radar or navigation devices,
• Failure to take necessary precautions when crossing dangerous waters.

4.2. Technical Management Deficiencies

• The malfunction occurred due to the lack of machine maintenance
• Insufficient crew,
• Lack of ventilation in the warehouse during loading and subsequent deterioration of the cargo,
• Failure to follow safety instructions.

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5. Carrier's Liability and Legal Consequences of Fault

5.1. General Rule

Normally, the carrier is responsible for all damages from the moment the cargo is received until it is delivered.

5.2. Exception: Management and Supervision Error

If the damage arises from defects in the navigation and management of the ship, the carrier is relieved of liability in accordance with Article 1182/2 of the Turkish Commercial Code.

5.3. Limitations

• If the carrier of gross negligence or intentional misconduct, they cannot benefit from this exception.
• The carrier is also liable if it has breached its obligation to make the vessel seaworthy

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6. Owner's Status

From the perspective of the cargo owner, this regulation may lead to a loss of rights.

• Due to the non-adoption of the Hamburg Rules, cargo owners in Türkiye cannot claim compensation for shipping and technical defects.
• Therefore, cargo owners often to cargo insurance .

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7. Insurance Relationship

• Cargo Insurance: Protects cargo owners and comes into effect in cases where the carrier is found to be liable.
• P&I Insurance: This type of insurance covers the carrier's liability and is not applicable in cases of shipping or technical defects.

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8. Application in Light of Supreme Court Decisions

In Supreme Court rulings:

• Choosing an incorrect course for the ship does not create liability for the carrier; the cargo owner must claim the damages from their insurance.
• However, the carrier is held liable if the ship is unseaworthy (for example, if departure is made despite prior knowledge of engine failure).
• The Supreme Court distinguishes between the obligation of suitability and fault in referral

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9. Problems Encountered in Practice

• Distinguishing fault: Whether an event constitutes "negligence in management" or "incompetence" is debatable.
• International transport: It is important to know which rules apply (The Hague-Visby or Hamburg?).
• Insurance disputes: Sharing of liability between the cargo owner and the insurer creates problems.
• Protection of the cargo owner: In Turkish law, regulations favoring carriers leave cargo owners at a disadvantage.

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10th Evaluation

• Faults in the navigation and technical management of the ship are one of the rare exceptions where the carrier is absolved of liability.
• This situation could have negative consequences for cargo owners.
• The Court of Cassation generally interprets the carrier's liability narrowly, distinguishing between "unsuitability" and "negligence in dispatching" when making its decisions.
• Modern law (Hamburg and Rotterdam Rules) has abandoned this exception; however, Turkish law still maintains the Hague-Visby approach.

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Conclusion

In maritime law , fault in the navigation and technical management of a shipconstitutes a special exception from which the carrier is relieved of liability.

• The carrier is normally responsible for loss, damage, and delayed delivery of the goods.
• However, if the damage resulted from a defect in the ship's navigation or technical management, the ship is exempt from liability according to the Turkish Commercial Code.
• This provision is controversial in international maritime law and has been narrowed in modern regulations.

In conclusion, this exception, accepted in Turkish law in favor of the carrier, was introduced both to protect the carrier and to ensure the continuity of maritime transport; however, it has become a regulation that directs cargo owners towards more insurance.