RULES ON THE LOAD LİNES OF COMMERCIAL VESSELS

Date of the Decision of the Council of Ministers: 22.6.1966, No: 6/6647

Based on the Law Dated: 10.6.1946, No: 4922

Published in the Official Gazette dated: 16.7.1966, No : 12350

Published in the Law Collection Series: 5, Volume :5, P. 2471

SECTION ONE

General Provisions and Definitions

The Scope of the Rules:

Article 1 - The location of the loading (free-board) marking to be placed on two sides and under the deck lines according to the fresh and saline water regions, seasons and timber cargoes of the commercial vessels carrying passengers or commodities shall be determined in accordance with the provisions hereof.

For vessels under 150 gross tons:

Article 2 - The load lines of vessels less than 150 gross tons, carrying passengers or commodities shall be laid down in a Regulation to be issued by the Ministry of Transportation.

However, such vessels may not be loaded in a manner that the height of the lowest section of the upper level of the deck over sea level is less than 76 millimeters in both sides.For the vessels whose decks are not continuous from the bow to the stern, such distance shall be measured beginning from the extension of the upper level of the deck.

Vessels that will not be allowed to navigate:

Article 3 - Commercial vessels without loading marking on their sides shall not be allowed to carry passengers or cargo, and commercial vessels that are loaded in excess of the loading lines in their markings or in excess of the limits mentioned in article 2 shall not be allowed to navigate.

Definitions:

Article 4 - For the purpose of these Rules;

a) “Vessel” means any vehicle able to navigate at sea except craft under oars, regardless of her name, tonnage and purpose of use;

b) “New Vessel” means the vessels the keels of which have been put on stocks on the effective date hereof or after and “Existing Vessel” means all other vessels;

c) “Engine Vessel” means all types of vessels driven by engines;

d) "Commercial vessel" means any vessel operated at sea to for profit;

e)"Passenger vessel" means any commercial vessel carrying more than twelve passengers;

f) “Cargo vessel" means any commercial vessel carrying all types of cargo and less than twelve passengers;

g) “Tanker” means a cargo vessel specifically built to carry bulk liquid cargoes

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SECTION TWO

Principles Applicable in Determining the Maximum Load line

Implementation of the rules of international agreements:

Article 5 - The rules set forth in Annex I of the International Load line Agreement ratified by Turkey pursuant to the Law No. 6539 shall be applicable in determining the maximum load lines of the commercial vessels hereunder.

The provisions of the International Agreement on the Protection of Life at Sea ratified by Turkey, regarding the load lines shall also be taken into consideration for the passenger vessels.

Existing vessels:

Article 6 - Where, in determination of the maximum load lines of the existing commercial vessels, the vent closing mechanisms, rail water ports, entrance mechanisms to the crew sections of such commercial vessels do not conform to the rules laid down Annex II of the International Load line Agreement ratified by Turkey pursuant to the Law No. 6539, such vessels may be allowed provided that Ship Survey Board of Marmara Region Port and Maritime Affairs Directorate is of the opinion that the purpose of the aforementioned provisions has been attained.

Existing vessels, which carry timber on their decks:

Article 7 - Where, in determination of the maximum load lines of the existing commercial vessels which carry timber on their decks, the superstructures of such vessels do not conform to the requirements set forth under Rule LXXX in Annex V of the International Load line Agreement ratified by Turkey pursuant to the Law No. 6539, Ship Survey Board of Marmara Region Port and Maritime Affairs Directorate may increase timber free-board limits of such vessels to a reasonable extent, considering the mature and extent of such non-conformity.

Existing tankers:

Article 8 - Where, in determination of the maximum load lines of the existing tankers, the forecastles, engine hoods and water ports of such tankers do not conform to the requirements set forth under Rules XCIV, XCV and C in part VI of Annex I of the International Load line Agreement ratified by Turkey pursuant to the Law No. 6539, Ship Survey Board of Marmara Region Port and Maritime Affairs Directorate may increase free-board limits of such tankers to a reasonable extent, considering the mature and extent of such non-conformity.

Special type vessels:

Article 9 - The free-board values of the vessels, which are longer than 91.44 meters, which look like tankers and which are capable of higher endurance at sea may be deducted.

The amount of such deduction shall be determined by Ship Survey Board of Marmara Region Port and Maritime Affairs Directorate in connection with the free-board value determined for the tankers and by taking into consideration the conformity of such type of vessels to the provisions and requirements applicable thereto and the waterproof dividing section degree applicable.

The free-board value determined for such type of vessels may not be less than the free-board value to be determined in the event that the same vessel is considered as a tanker.

Navigation regions and season zones:

Article 10 - The rules laid down Annex II of the International Load line Agreement ratified by Turkey pursuant to the Law No. 6539 shall be applied in determining the navigation regions and season zones.

SECTION THREE

Free-board Procedures and Free-board Certificate

Survey, marking and issuance of certificates:

Article 11 - For the purposes hereof, the surveys of the vessels, affixing of free-board markings and issuance of free-board certificates shall be conducted by Ship Survey Board of Marmara Region Port and Maritime Affairs Directorate.

The Ministry of Transportation is entitled to delegate the powers of preparing the necessary plans through survey of the vessels pursuant hereto, calculating and determining the load lines and determining the places of the free-board markings to the recognized bodies.

Other provisions concerning survey:

Article 12 - Annual surveys of vessels under 500 gross tons, under article 14 and extension surveys under article 15 may be performed by the ship survey boards of other port and maritime affairs directorates.

Pursuant to the Regulation to be issued in accordance with article 2, load lines of vessels under 150 gross tons shall be determined by the ship survey boards of the port and maritime affairs directorates and shall be recorded in the seaworthiness certificates.In ports where no ship survey boards exist, such duty shall be performed by the harbor masters.

Free-board certificate:

Article 13 - A free-board certificate shall be issued by the Ministry of Transportation for each vessel surveyed and free-board marked pursuant to the provisions hereof.

The form of the free-board marking shall be indicated in the certificate.For the vessels which carry timber on their decks, amendments may be made on the certificates in accordance with the provisions under Rule LXXVIII in section V of Annex I of the International Load line Agreement ratified by Turkey pursuant to the Law No. 6539.

Separate free-board certificate shall not be issued to the passenger vessels which have safety certificates issued pursuant to the International Agreement on the Protection of Life at Sea ratified by Turkey.

Term of the free-board certificate:

Article 14 - The term of the free-board certificate to be issued hereunder shall be 4 years.However, the vessel must be surveyed with maximum one year intervals following the month in which the survey on which the certificate is based or the previous survey was performed, in order for the certificate to be valid until the end of such term.

Annual surveys shall be annotated on the back of the certificate.

Extension of the term of the certificate:

Article 15 - The term of the free-board certificate may be extended for maximum one year.However, a survey as comprehensive as the one performed during the issuance of the certificate must be conducted.

Extension of the term of the certificate:

Each extension of term shall be annotated on the back of the certificate.

Cancellation of the certificate:

Article 16 - Free-board certificate shall be cancelled if:

a) A modification which affects the free-board calculations in the hull or superstructure sections of the vessel is made;

b) Safety mechanisms of the vents, ports, the equipment and mechanisms of the crew entrance sections do not keep the good conditions at the time of issuance of the free-board certificate;

c) the annual surveys mentioned in article 12 are not conducted

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SECTION FOUR

Miscellaneous Provisions

Provisional Article 1 - Vessels of or over 150 gross tons shall have the places of loading markings determined and obtain free-board certificates by not later than one year following the effective date hereof.

Provisional Article 2 - The minimum free-board limit of 76 millimeters referred to in article 2 shall be applied to the vessels under 150 gross tons following the effective date hereof.

Article 17 - These Rules which have been drafted pursuant to article 11 of the Law No. 4922 and which have been reviewed by the Council of State shall enter into force upon publication in the Official Gazette.

Article 18 - These Rules shall be executed by the Council of Ministers.

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