A Legal Overview of Maritime Law in Turkey

A Legal Overview of Maritime Law in Turkey

08.12.2025

The Core Maritime Legal Framework Under Turkish Law

Statutory Basis and Hierarchy of Maritime Legislation

Under Turkish law, maritime activities are primarily regulated by the maritime provisions of the Turkish Commercial Code (Türk Ticaret Kanunu – TTK). These provisions set out rules on vessels, ownership, registration, liens, mortgages, collisions, salvage, and carriage of goods. The TTK operates alongside the Turkish International Ship Registry Law, coastal regulations, and environmental legislation governing activities in territorial waters.

The legislative hierarchy typically begins with the Constitution, followed by laws enacted by the Grand National Assembly, presidential decrees, and secondary regulations. In maritime practice, the Ministry of Transport and Infrastructure issues implementing rules that clarify technical, safety, and operational standards. These instruments collectively form the core maritime legal framework applied by courts and administrative authorities.

Scope of Application: Vessels, Operators, and Maritime Activities

The TTK provisions apply to vessels meeting the statutory definition of a ship, including commercial and auxiliary vessels registered in Turkey. Foreign-flagged vessels fall under Turkish maritime law when operating within Turkish territorial waters, using Turkish ports, or engaging in activities regulated by domestic authorities. Certain exemptions exist for military vessels and special-purpose craft, subject to separate legislation.

Shipowners, operators, charterers, and managers all have specific obligations under Turkish maritime law. These typically include ensuring seaworthiness, maintaining crew standards, and complying with port authority instructions. Activities such as navigation, anchorage, port entry, loading, and unloading procedures are governed by port rules and ministerial regulations, supported by administrative sanctions for non-compliance.

Key Regulatory Institutions and Their Roles

The Ministry of Transport and Infrastructure is the primary regulatory authority overseeing maritime operations, vessel inspections, and safety standards. It issues licences, monitors technical compliance, and enforces rules concerning ports, seafarers, and maritime infrastructure. The Directorate General of Maritime Affairs manages many of these functions through regional harbour masters.

Port authorities play a significant role in day-to-day operations. Harbour masters supervise vessel entry and departure, safety protocols, pilotage requirements, and environmental reporting. They also implement rules on anchorage, vessel movement control, and emergency procedures. Administrative fines and operational restrictions may be imposed for breaches of statutory obligations.

Vessel Registration and Flag Requirements Under Turkish Law

Turkish Ship Registry System and Eligibility Rules

Turkey operates two principal registries under the authority of the Ministry of Transport and Infrastructure: the national ship registry and the Turkish International Ship Registry. The national registry records vessels that qualify under the Turkish Commercial Code, including ownership, mortgages, and encumbrances. The international registry offers an alternative structure with technical and financial advantages, subject to statutory eligibility rules.

A vessel may be registered if it meets nationality requirements under Turkish law. These generally relate to ownership conditions, compliance with safety standards, and verification of seaworthiness. Foreign-owned entities may register vessels when they satisfy specific legal criteria, and the framework provides for deregistration if conditions are no longer met.

Registration Procedures and Required Documentation

Registration begins with an application submitted to the relevant harbour master’s office. The applicant must provide proof of ownership, tonnage documentation, classification records, and evidence of compliance with safety and technical requirements. Notarial certifications and translations may be necessary when the documents originate outside Turkey, and the registry may request additional verification where ownership structures involve foreign shareholders. Further procedural detail is available in our guide on Understanding Yacht Registration Procedures in Turkey.

Once the application is examined, the registry records essential details such as the vessel’s name, tonnage, propulsion type, and ownership particulars. Registration confers nationality, establishes the legal status of the vessel, and enables it to operate under the Turkish flag. Operators must ensure ongoing compliance with maritime regulations to maintain the vessel’s registered status.

Deregistration, Transfers, and Encumbrances on Vessels

Deregistration occurs when a vessel is transferred abroad, scrapped, or no longer meets the statutory criteria for remaining on the registry. The owner must submit a formal request supported by documentation confirming the change in circumstances. Harbour masters review the application to ensure that no outstanding liens, mortgages, or administrative restrictions remain before issuing a deletion certificate.

Transfers of ownership must be registered with the relevant authority to ensure legal continuity. Under Turkish law, vessel mortgages and maritime liens are also recorded in the registry, which allows creditors to protect their interests. Any change in ownership or encumbrance must be entered without delay, as unregistered changes may not be enforceable against third parties in maritime disputes.

Maritime Liabilities, Insurance and Dispute Resolution

Collision, Salvage, and General Average Rules

Under Turkish law, collision liability is governed by the maritime provisions of the Turkish Commercial Code, which applies whether the vessels involved are Turkish-flagged or operating within Turkish territorial waters. Liability assessments typically consider fault, causation, and compliance with navigational rules. Harbour masters and maritime inspectors may conduct investigations, and their findings often inform subsequent civil claims.

Salvage operations follow statutory rules requiring the service to be voluntary, successful, and directed at a maritime peril. Salvors may claim remuneration proportionate to the value of the property saved, subject to judicial assessment when parties cannot agree. General average principles allow shipowners and cargo interests to share losses arising from deliberate sacrifices made for the common safety of the voyage.

Limitation of Liability and Compulsory Insurance Requirements

Shipowners and operators may, in most cases, limit liability for maritime claims under the TTK framework. Limitation applies to categories such as collision, cargo damage, and certain personal injury claims. The right to limit is subject to exceptions, including circumstances involving proven intent or reckless conduct. Courts examine these factors closely, and claims exceeding the limitation threshold may be barred where statutory criteria are met.

Compulsory insurance obligations apply to various maritime activities, including pollution risks, passenger carriage, and towage services. Operators must maintain policies issued by licensed insurers that meet statutory coverage levels. Proof of insurance may be requested during port entry procedures, vessel inspections, or in the course of an administrative investigation. Non-compliance may result in operational restrictions or administrative fines.

Courts, Jurisdiction, and Arbitration in Maritime Matters

Maritime disputes in Turkey are handled by civil courts of first instance, with some courts designated to hear maritime cases due to their particular complexity. Jurisdiction is generally determined by the location of the vessel, the port where the dispute arose, or the residence of the defendant. Parties may contractually choose different competent courts, subject to limits imposed by Turkish procedural law.

Arbitration is commonly used for commercial maritime disputes, particularly in charterparty, cargo, and shipbuilding matters. Turkish law allows parties to choose foreign or domestic arbitration bodies, and arbitral awards are enforceable in Turkey under established procedural rules. Mediation may also be used for certain monetary claims, reflecting broader developments in Turkish dispute resolution practice.

Port Operations, Safety Standards, and Environmental Compliance

Port Authority Powers and Operational Regulations

Port authorities and harbour masters exercise wide regulatory powers under Turkish maritime law. These include supervising vessel entry and departure, determining pilotage requirements, and ensuring compliance with navigational rules. Vessels must obtain permission before approaching or leaving a port, and authorities may impose operational conditions based on weather, congestion, or safety assessments.

Harbour masters may issue binding directions concerning anchorage areas, towage arrangements, and emergency response measures. Breaches of operational rules can result in administrative fines or temporary restrictions on port access. These powers are supported by secondary regulations issued by the Ministry of Transport and Infrastructure, which standardise operational procedures across Turkish ports.

Safety, Crew, and Seaworthiness Obligations

Under the maritime provisions of the Turkish Commercial Code, shipowners and operators must ensure that vessels meet seaworthiness standards before each voyage. This includes maintaining hull integrity, ensuring proper loading, and verifying that navigation and communication equipment functions correctly. Safety obligations extend to crewing requirements, where operators must employ qualified seafarers in accordance with Turkish and international training standards.

Port inspections may be conducted to verify compliance with safety, manning, and technical requirements. Harbour masters may detain vessels that fail to meet statutory standards until deficiencies are addressed. Safety management procedures must be documented, and operators are expected to maintain records available for review during inspections or investigations.

Environmental Controls, Pollution Liability and Enforcement

Environmental obligations under Turkish maritime law impose strict duties on shipowners, operators, and port users. Vessels must take preventive measures to avoid oil, waste, or hazardous substance discharge within Turkish waters. Pollution incidents must be reported immediately to the relevant port authority, and failure to report may result in administrative sanctions in addition to liability for cleanup costs.

Shipowners may be held liable for pollution damage arising from their vessel’s operations. Liability may extend to environmental restoration costs, port closure expenses, and compensation for affected third parties. Authorities may also take direct enforcement action, including detaining vessels or imposing operational restrictions. Environmental compliance, therefore, forms a central component of port operations and maritime risk management in Turkey.

FAQ

1. How are maritime liabilities handled under Turkish law?
Maritime liabilities are assessed under the maritime provisions of the Turkish Commercial Code. Courts examine fault, causation, and compliance with statutory obligations, and operators may limit liability in most cases unless intent or reckless conduct is proven.

2. Which authorities regulate port operations and vessel movements in Turkey?
Harbour masters and port authorities oversee vessel entry, departure, anchorage, safety inspections, and environmental reporting. Their powers derive from maritime legislation and secondary regulations issued by the Ministry of Transport and Infrastructure.

3. Are shipowners required to hold compulsory insurance in Turkey?
Shipowners and operators must maintain insurance for risks such as pollution, passenger carriage, and towage services. Proof of insurance may be requested during inspections, and non-compliance can result in fines or operational restrictions.

Summary

Under Turkish law, maritime activities are governed by a structured framework that regulates vessels, port operations, liabilities, and environmental obligations. The statutory system combines the maritime provisions of the Turkish Commercial Code with secondary regulations issued by the Ministry of Transport and Infrastructure. This creates a comprehensive environment in which operators must comply with registration, safety, and environmental rules, particularly when engaging in activities connected with maritime law in Turkey. Understanding these obligations helps owners and operators manage risk and maintain legal compliance across Turkish waters.

For professional legal assistance with your maritime and yachting matters in Turkey, contact Gokalp Legal.

This article provides general information and does not constitute legal advice.