The first legal priority after a ship casualty in Türkiye is to ensure life and environmental safety while making the required notifications, protecting evidence that could be lost and establishing communication with the right parties. The presence of a foreign flag or a foreign insurer does not by itself remove the authority of Turkish authorities. However, claims for compensation, insurance, arbitration and security are not governed by the same rules; each claim must be assessed on its own legal basis.
This guide is prepared for the registered owners, operating companies, insurers and foreign law firms of commercial vessels that suffer a collision, grounding, fire or port facility damage in Türkiye. Special regimes for passenger transport, cargo damage and environmental sanctions are examined separately according to the nature of the event. The first response sequence below does not replace the master's safety decisions; its purpose is to protect legal rights in parallel with operations.
How should the first response and notifications be handled?
Rescue, medical assistance and the prevention of pollution must be carried out without delay. Sending personnel into a dangerous area to collect evidence, or making a mandatory intervention conditional on the insurer's approval, is not correct. On the other hand, photographs, records and samples that can be taken safely can be planned alongside the response. The instructions of the competent authorities, the time they were given and the actions carried out in response must be recorded.
Article 24 of the Harbours Regulation (Limanlar Yönetmeliği) requires that maritime casualties falling within its scope be reported immediately to the harbour master's office by VHF or other suitable means of communication, and that a written report be submitted within twenty-four hours at the latest. The time allowed for the written report is not an authorisation to delay the initial notification. The relationship of the incident to the port area, the location of the vessel and any other notification obligations that may apply must be checked together.
The notification channel in Article 7 of the Regulation on the Investigation of Maritime Accidents and Incidents (Deniz Kaza ve Olaylarını İnceleme Yönetmeliği) is also taken into account. For casualties within the scope of that regulation, the regulation provides for notification as soon as possible by the master, or by the officer deputising for the master if the master cannot notify, and by the registered owner, operator or agent. After notification to the Main Search and Rescue Coordination Centre (Ana Arama Kurtarma Koordinasyon Merkezi), the relevant form must be forwarded to the Transport Safety Investigation Centre (Ulaşım Emniyeti İnceleme Merkezi Başkanlığı). The Ministry's statement of 30 March 2022 emphasises that these channels operate together.
Notifications made by the shipowner to its hull and machinery (H&M) insurer, its P&I club and, where necessary, cargo interests do not replace the official notification. Nor does the official notification automatically discharge the duty to give notice under the insurance contract. The notification must separate verified facts, matters still under investigation and estimates, and must state that missing information will be completed later. No record that is untrue or intended to conceal liability may be kept.
Which records should be preserved immediately?
Important evidence in a ship casualty can change quickly or be lost when new data overwrites old data. Instructions to preserve the voyage data recorder (VDR) data, ECDIS route data, AIS and radar records, bridge audio, machinery alarm history and port camera footage must be issued without delay. The presence of these systems on board does not mean that the data has been completely recorded. The capacity of the device, its time setting, recording interval and access rights must be established.
| Evidence group | Content to preserve | Why it matters |
|---|---|---|
| Navigation data | VDR, ECDIS, AIS, radar, route and speed information | Compares the vessel's movements and the sequence of events. |
| Human and communications | Watch lists, statements of the master and staff, VHF recordings | Shows who saw what and which instructions were given. |
| Technical condition | Class documents, maintenance records, alarm and fault history | Helps separate pre-existing defects from accident damage. |
| Physical damage | Photographs, video, measurements, damaged parts, repair survey | Forms the basis for the nature, cause and amount of the damage. |
| Commercial relationship | Charter parties, bills of lading, insurance, management and agency documents | Determines the correct counterparty and the dispute resolution terms. |
Keeping only screenshots of files is often not sufficient. Where possible, the original file, the export method, device information, the person who handed it over and the time of handover should also be kept. The difference between UTC and local time must be stated clearly; the clocks of different systems must not be assumed to be identical. Records showing the integrity of a copy taken by a technical expert make it easier to assess later objections.
A request to the other vessel, terminal or service provider to preserve evidence must describe the record requested, the relevant time period and its connection to the event. Such a letter alone does not provide compulsory access. If records are refused or there is a risk that they will be deleted, preservation of evidence through the courts is considered. Personal data and records with restricted access must be obtained by lawful means.
If repairs must begin urgently, the planning should provide for photographing and measuring the parts to be removed, keeping those that can be kept, and inviting the interested parties to inspect. A one-sided report prepared by the shipowner is useful; however, completely eliminating the opposing party's opportunity to inspect may make it harder to prove the cause and extent of the damage.
Are a maritime report, a survey and a court preservation of evidence the same thing?
The maritime report under Articles 1098–1101 of the Turkish Commercial Code No. 6102 (TTK) (Türk Ticaret Kanunu) is not the same as an email sent by the master to the company describing the event. Under the statutory conditions, it is a special procedure before a court that serves to establish the events and the measures taken to prevent or reduce the damage. For Turkish ships abroad there may also be a consular dimension. Where and when an application is made in Türkiye is determined by the nature of the event and the voyage.
Obtaining a maritime report does not mean that the insurer will necessarily pay or that the fault of the other vessel has been established. The ship's log, the statements of the master and staff, and the existing documents are assessed together. The participation rights of interested parties under the law must be observed. Treating the procedure as a mere formality may lead to the neglect of technical evidence that must be preserved in time.
A marine surveyor appointed by the insurer or a club surveyor examines the damage, its cause, the need for repair or a third-party claim, depending on the scope of the appointment. It is important to know on whose behalf the report was prepared and which questions it answers. An expert's opinion on the amount of damage does not, on its own, bind the court's assessment of fault or insurance cover.
Article 400–403 of the Law No. 6100 on Civil Procedure (Hukuk Muhakemeleri Kanunu, HMK) allow preservation of evidence where there is a danger that evidence will be lost or that its presentation will become significantly more difficult. In pre-action determinations of a ship collision, the special powers and notification rules in TTK Article 1292 also apply. In particular, a determination report prepared under this provision cannot indicate a percentage of fault. The application must be directed at preserving the technical situation; preservation of evidence cannot replace the main action.
A safety investigation serves a different purpose. The investigation carried out by the Transport Safety Investigation Centre examines causes and makes recommendations to prevent future accidents. Criminal investigations, administrative sanction proceedings and private-law compensation actions do not have the same functions. The title "accident investigation" on a report does not allow the conclusion that all legal issues have been resolved.
Who should manage the file on behalf of a foreign shipowner?
The registered owner on the register, the actual operator, the technical manager, the charterer, the carrier and the insured may not be the same company. The use of the word "shipowner" in correspondence does not on its own show that the correct defendant has been identified. Distinguishing the shipowner from the person treated as shipowner under Article 1061 of the TTK is done by examining ownership, the name in which the vessel is operated and the contracts together. A common manager among group companies does not automatically transfer debts from one company to another.
If a foreign law firm or insurer is to coordinate work in Türkiye, it must first be clarified whom it represents. The interests of the shipowner and the master, of the cargo insurer and the carrier, or of two different insurers may not coincide at every stage. A joint survey is a practical solution; however, the limits of legal representation and information sharing must also be determined.
The appointment file should contain the full corporate name of the company, its country of incorporation, its register information, the signing authority, the vessel's IMO number and the insurance contacts. The scope of the power of attorney, the need for notarisation or apostille of the foreign document, and the Turkish translation to be used are checked according to the procedure in question. If urgent protective action is required, this preparation must be carried out in a way that does not cause loss of evidence; it should not be assumed that a missing power of attorney can be completed later in every procedure.
A single chronology of events and a document index are particularly useful for cross-border teams. The file can show the event, source, time zone, confirmation status and responsible person in separate fields. Claims or legal interpretations should not be mixed up with verified data. It should also not be assumed in advance that confidentiality rules for correspondence in a foreign country apply in the same scope in Türkiye.
How should security and compensation routes be planned together?
The possibility that the vessel will leave port may create a need to secure the claim alongside preservation of evidence. For maritime claims listed in Article 1352 of the TTK, a precautionary attachment of the vessel may be considered under the conditions in Article 1353 et seq. However, the existence of a claim arising from a casualty does not mean that any vessel requested can be attached. The debtor, the ownership of the vessel, the type of claim and the connections under Article 1369 of the TTK must be examined.
A letter of guarantee issued by a P&I club can make it easier for the vessel to return to service in practice. Even so, not every club letter is automatically the equivalent of cash or bank security accepted by the court. The beneficiary of the guarantee, the claim it covers, the maximum amount, interest and costs, the conditions for its termination, the competent court and the applicable law must be evaluated expressly. The scope that Article 1372 of the TTK gives the parties to agree on the type and amount of security must be considered together with the steps taken in the concrete attachment file.
For the principal compensation claim, the heads of loss must be separated. Ship repair, cargo damage, port facility damage, personal injury, pollution and salvage costs may be owed to different creditors and governed by different legal regimes. Payment by an insurer also raises questions as to which rights pass to the insurer and which losses remain with the vessel's interests. The same loss cannot be recovered twice.
Continuing negotiations does not mean that time limits are preserved. Under Article 1297 of the TTK, a two-year period applies to compensation claims arising from a collision, and a one-year period running from the date of payment applies to recourse claims between certain shipowners; these two periods must be kept distinct. The periods for cargo, insurance and other claims are calculated separately. The effect of mediation, litigation, arbitration and any time-extension agreement must be examined for each claim; reliance on a notice or on negotiations alone is not sufficient.
What do foreign law and arbitration clauses change?
The fact that the casualty took place in Türkiye does not mean that Turkish law necessarily applies to every contract. A choice of law may exist in insurance and charter contracts; the law applicable to a tort is determined separately within the framework of Article 34 of Law No. 5718 on Private International and Procedural Law (MÖHUK). A choice of foreign law does not likewise determine the procedure for official notifications in Türkiye or for the protection requested from a Turkish court.
Article 24 of Law No. 5718 governs the law applicable to contracts, while Article 40 and the related special provisions govern international jurisdiction. A court-choice clause and an arbitration clause are not the same. Where the substance of the dispute is heard in arbitration, the need to request interim protection in Türkiye in appropriate circumstances may not disappear. However, the basis of the application, its time limits and where the main dispute is to be initiated must be planned together.
For example, assume that a foreign-flagged general cargo ship makes contact with a quay in Türkiye and damages both the hull and the terminal. The hull damage may be assessed under the H&M policy, the terminal claim under the P&I cover, and the obligations under the quay use agreement in a separate relationship. The harbour notification relies on a common event record; the payment and litigation routes may nonetheless be different. In this example, it also cannot be assumed that contact with a quay is directly subject to the collision rules between two ships.
Conclusion
At the initial stage of a ship casualty file, the aim is not merely to prepare an incident report. Safe response, correct notification, usable evidence, correct representation and appropriate security must be provided together. For foreign shipowners and insurers, early coordination between the procedures in Türkiye and the law or arbitration system chosen by the contract helps to prevent loss of rights. The concrete route of application should be determined by examining the vessel and company documents and the chronology of the event.
Related articles: Ship collision, fault and compensation; Hull and machinery insurance: claims in Türkiye; P&I insurance: claims and applications in Türkiye; Precautionary attachment of vessels and yachts; Objection to a marine pollution fine.
Frequently Asked Questions
Can Turkish authorities intervene in a casualty involving a foreign-flagged vessel in Türkiye?
Yes. A foreign flag does not by itself remove the powers of Türkiye's safety, notification, investigation and judicial authorities within their jurisdiction. Which authority is competent for which step is determined by the place and nature of the event.
Does informing the insurer count as notifying the harbour master's office?
No. The official notification and the contractual notice to the insurer are separate obligations. Each one's addressee, content and timing must be followed separately.
Is it mandatory to obtain a court determination before repairs begin?
It is not mandatory in every case. The danger of evidence being lost, the nature of the dispute and the opposing party's opportunity to inspect are assessed. An appropriate documentation method is chosen without delaying urgent safety measures.
Does a maritime report conclusively determine fault?
No. A maritime report serves to establish the facts. Fault, causation, loss and insurance cover are assessed separately in the dispute concerned, on the basis of its evidence and the applicable legal framework.
Does appointing a Turkish lawyer end the role of the foreign law firm?
No. Local procedures, foreign law work and arbitration may be coordinated according to the needs of the file. The represented parties, the limits of authority and the sharing of information should be clarified from the outset.
Does providing security mean accepting liability?
Not always. The wording of the guarantee and the procedure through which it is given matter. Such a conclusion cannot be drawn without examining the reservation of rights, the claim covered, the payment conditions and the jurisdiction provisions.
Sources and legal bases
1 — Turkish Commercial Code No. 6102 (Türk Ticaret Kanunu), in particular Articles 1061–1062, 1098–1101, 1292, 1297, 1352–1353 and 1369–1372. Ministry of Trade text.
2 — Law No. 6100 on Civil Procedure (Hukuk Muhakemeleri Kanunu), Articles 400–403. Ministry of Justice text.
3 — Law No. 5718 on Private International and Procedural Law (Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun), in particular Articles 24, 34 and 40. Ministry of Justice text.
4 — Harbours Regulation (Limanlar Yönetmeliği), Article 24. Ministry of Transport and Infrastructure text.
5 — Regulation on the Investigation of Maritime Accidents and Incidents (Deniz Kaza ve Olaylarını İnceleme Yönetmeliği), Official Gazette of 27 November 2019, No. 30961, Article 7; letter of the Transport Safety Investigation Centre Presidency dated 30 March 2022 and numbered E-94665312-402.01-179929. İMEAK Chamber of Shipping, 31 March 2022, circular No. 271 and Ministry letter.
6 — International Maritime Organization, Casualties: marine safety investigation.