The extension of time period for transit passage in Turkish straits

• Shipping
• Transport & Logistics

One of the recent developments in Maritime section is most welcome by ship owners whereas the time period for awaiting before passing the Turkish straits  such as Bosphorus and Dardanelles has been extended from 48 hrs to 168 hrs (almost 7 days)by an amended rule as a result of  resolution approved by Cabinet Council dated 28/7/2017.

According to the new rule all vessels will be granted with the righty of 168 hrs of awaiting period in order to complete necessary requirements to continue her voyage subject to permission given by VTS. Subsequent to permisson of authorities , all the vessels will be considered under transit passage which , legally, save the vessel being arrested or detained due to any claim whatsoever arise from a commercial dispute therefore relieves the ship owners from the risk of contractual breaches and penalties relative to loaded cargo.

Despite the existance of contradictions in legal system between the court authorities with respect to arrest of a vessel which on her transit passage, the new regulation significantly narrow the limits of detention and the acts that prevents or interrupts the voyage while the vessels will be staying along the Turkish straits will not be permitted.

Undoubtfully that, the new regulation provides tremendous benefits to shipowners as the vessels will be under protection against arrest threats also provides satisfying amount of time for bunker , ship chandler even for necessary maintenance and repair of vessel. From another point of view , this new regulation may have poisitive effects on market either for Turkish or foreing flagged vessels owned by local and foreign shipowners considering the minimized risks plus the plenty of time to fix another cargo for carriage which direclty expands the potential of market in Turkey.

To conclude, the new rule much like consists of a favour for shipowners in their trading zone at this time of period which most of them are still suffering from the low-rate incomes. Apperantly, the carried out lobbying activities of shipowners with this respect came to fruition as the former regulation caused troubles practically and loss of time in order to fulfill their contractual responsibilities. On the other hand, it seems the balance of the advantage decreased for those parties as claimants against the shipowners whereas the vessels are the only asset also the guarantee for all kind of their claims. 

Mehmet Dogu

mehmet.dogu@dogulaw.com