Distinguishing Features of the Ship: Name, Identification Mark, Port of Home, Tonnage and Nationality

In maritime law, defining a ship is not limited to knowing its technical specifications.
The Turkish Commercial Code (TTK) and international maritime legislation the distinguishing elements , ensuring its registration, safety at sea, and the orderly conduct of its legal transactions.

1. What are the distinguishing features of a ship?

Article 941 and subsequent provisions of the Turkish Commercial Code clearly define the elements that identify a ship and distinguish it from other ships. These elements are mandatorily declared during registration in the ship registry and constitute the legal identity of the ship

The main distinguishing features are as follows:

1. Ship Name

2. Identification Mark

3. Port of Mooring

4. Tonnage (Measurement Values)

5. Nationality (Flag State)

2. Name of the Ship

a) Legal Significance

• A ship's name is a fundamental identifying element that distinguishes it from others.

• They are listed in the registry, and no two ships with the same name can exist in the same registry.

b) Determination

• The name is chosen by the ship owner but is subject to approval by the relevant registry office.

• When choosing names for ships engaged in international transport , IMO (International Maritime Organization) rules are also taken into consideration.

c) Modification

• When a ship's name changes, its registration details and markings are updated.

• The name change must be reported in freight contracts and insurance records.

3. Identification Sign (Call Sign)

a) Definition

The identification mark is the international code used by the ship in radio and satellite communications . It is assigned to each ship by the Ministry of Transport and Infrastructure

b) Intended Use

• Ship identification in radio and satellite communications

• Identity verification in international search and rescue operations

• Displayed in AIS (Automatic Identification System) records

c) Features

• It consists of letters and numbers (e.g., TCBX, YMSQ, etc.)

• It also reflects the ship's nationality; on Turkish ships, it starts with "TC".

4. Port of Origin

a) Definition

The port of origin is the port where a ship is registered and to which it is legally bound.
It is written on the stern of the ship, below its name.

b) Importance

• It is one of the factors that influence the determination of a ship's nationality.

• Administrative procedures are carried out through the port of origin (registration procedures, mortgage records, etc.).

c) Amendment

• When the port of origin changes, the registry and the entries on the vessel are updated.

• The change does not affect the ship's nationality; it only changes its place of administrative registration.

5. Ship Tonnage

a) Definition

Tonnage is a measure of a ship's volume or carrying capacity . There are two basic measures:

1. Gross Tonnage (GT) – The total of all enclosed volumes of a ship.

2. Net Tonnage (NT) – The volume of space allocated for cargo transportation.

b) Legal Significance

• Port fees, canal transit fees, taxes, and certain maritime regulations are determined by tonnage.

• Tonnage measurement an international tonnage certificate (1969 Tonnage Measurement Convention).

c) Tonnage Determination Process

• This is done by an authorized measurement body or classification society.

• Following the measurement, a Tonnage Certificate is issued and recorded in the ship's register.

6. Ship's Nationality (Flag State)

a) Legal Definition

The nationality of a ship on which state's flag it flies .
According to Article 940 of the Turkish Commercial Code, the nationality of a ship is determined by its right to fly a flag.

b) How is it determined?

• If a ship is registered in the ship registry of the state to which it belongs, it bears the nationality of that state.

• The right to fly a flag is determined by the nationality of the ship owner or operator.

c) Importance

• The flag state is responsible for the control of the ship and its conduct in international waters.

• According to international law, a ship may only fly the flag of one state.

d) Modification

• Changing flags is usually done when selling a ship or for commercial gain (Convenience Flag).

• The change occurs through deletion and new registration in the ship's registry.