Recognition (Call) Sign in Maritime Law

Entrance

Maritime transport is, by its very nature, an international activity. The fact that ships from different countries sail in the same waters, call at ports, and conduct trade the clear and reliable identification of . A ship's identity is not solely defined by its name; many ships with the same name may exist in the world's oceans. Therefore, in national and international law, an additional identification element has been developed to distinguish ships from one another: the recognition mark or call sign.

A call sign is a unique official code used by a ship for radio and maritime communications. Just like a citizen's national identity number, a call sign is unique to each ship and helps prevent confusion.

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Legal Basis of the Identification (Call) Sign

1. Regulation in Turkish Law

Article 949 of the Turkish Commercial Code regulates the identification mark as follows: “Every ship must have an identification mark in accordance with national and international regulations. This mark shall be registered in the ship register.”

The conclusions drawn from this are:

• A recognition mark is an essential element of identification.
• It is registered in the ship registry; thus, it gains official status.
• Like the ship's name, its identification mark is used as a distinctive element of identity in legal proceedings.

2. International Regulations

Call signs are part of not only national but also international maritime law

• The International Telecommunication Union (ITU)determines the call sign codes assigned to ships.
• In Turkey, call signs are allocated in coordination with the Ministry of Transport and Infrastructure
• Each state assigns a unique call sign to ships flying its flag.

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Functions of a Call Sign

A call sign serves multiple functions in maritime trade:

1. Communication and Information

Maritime vessels are in constant communication via radio and wireless systems. The call sign identifies the ship in these communications. Thus:

• In case of an accident or emergency, a distress call reaches the correct ship.
• Port authorities confirm the ship's identity using its call sign.
• Interference in international waters is avoided.

2. Legal Identity

The ship's name may change; however, its call sign remains the same for a certain period. Therefore, the call sign is particularly important:

• In ship mortgage and pledge transactions,
• In insurance policies,
• In legal proceedings, evidence serves as
  a crucial legal identity element.

3. Security and Control

In terms of international maritime security, a call sign is a mandatory means of identification.

• During port state controls, a ship's call sign is compared with its IMO number.
• Ships that forge documents or engage in piracy can be identified by tracking their call signs.

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Call Sign Selection and Use

1. Determination Method

In Türkiye, call signs are assigned according to code blocks allocated to countries by the ITU.

• Turkish ships' call signs usually "TC" (e.g., TCAB, TCGH).
• Each ship is unique, and no two ships are given the same designation at the same time.

2. Obligation to Use

• Ships are required to use call signs in radio communications.
• The call sign is officially recorded during ship registration.
• The call sign appears in the ship's documents (flag certificate, sailing license, tonnage certificate, etc.).

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Changing the Call Sign

Call signs, like ship names, can be changed; however, there are strict rules for doing so:

• The change is subject to the approval of the flag state authority.
• Unless it is recorded in the register, it has no legal effect against third parties.
• The change must also be updated in the international system.

In practice, the call sign is usually a change of flag or transfer of ownership .

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Call Signs in Supreme Court Jurisprudence

The importance of the call sign is indirectly emphasized in Supreme Court rulings:

• In one of its rulings the 11th Civil Chamber of the Supreme Court of Appealsstated that the incorrect entry of the call sign in the ship's registry could create validity issues in mortgage transactions.
• In another ruling, while the ship's name was correct in the insurance policy, its call sign was incorrect, creating uncertainty as to which ship the policy pertained to. The court therefore determined that the call sign was the decisive factor in the case.

These decisions demonstrate that the call sign is indispensable for the legal identification of the vessel.

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Call Sign and IMO Number in International Law

Ship identification is not limited to call sign alone.

• The IMO numberis a lifetime identification number assigned to a ship.
• A call signis the code used for a ship's radio communications.
• When the two elements are used together, the ship's identity becomes indisputable.

During international port inspections, the compatibility of the call sign and the IMO number is specifically checked. In case of incompatibility, administrative sanctions are applied to the vessel.

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Views in Doctrine

Various opinions are put forward regarding call signs in maritime law doctrine:

• Some authors argue that a call sign more reliable than a name and registration number .
• Another viewpoint holds that the call sign is a technical element and not sufficient on its own for legal proceedings; it must always be used in conjunction with the ship's name and IMO number.

Both viewpoints have valid points. Today, electronic registration systems record the ship's name, IMO number, and call sign as a single unit, thus maximizing legal certainty.

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The Economic and Commercial Significance of the Call Sign

• Insurance Procedures: Insurance companies identify the vessel using its call sign in their policies.
• Credit and Financing: When banks provide mortgages on ships, they also include the call sign in the contract.
• Commercial Reputation: Call signs of ships belonging to well-known companies are seen as a symbol of trust in the market.
• Maritime Accidents: In incidents such as collisions, sinkings, or pollution, the call sign is key evidence in identifying those responsible.

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Conclusion

In maritime law a call signis a technical but legally binding identification element independent of the ship's name. The Turkish Commercial Code and international regulations mandate that each ship be assigned a unique call sign.

Call signs play a crucial role in communication, security, insurance, mortgages, financing, and legal proceedings. Supreme Court rulings also confirm that call signs are a factor that eliminates doubts about a ship's identity.

In conclusion, the call sign is an indispensable tool for ensuring reliability, transparency, and legal stability in maritime trade. The ship's name, IMO number, and call sign, when combined, form the foundation of legal security in maritime trade.