The ship registry is the register in which ships are generally registered. In our legislation, there are three registers for keeping records of ships. These are the National Ship Registry, the Turkish International Ship Registry and Mooring Register.
The National Ship Registry
There are provisions on "Ship Registry" between the 954th and 995th Articles of the Turkish Commercial Code.
The Ministry of Transport, Maritime Affairs and Communication make established a ship registry in places where it deems appropriate for Turkish ships.
The precondition for the registration of ships to this registry is that the ship must have the right to fly a Turkish flag in accordance with TCC art.940. In addition, it should not be registered in the ship registry of the foreign state.
Where the port of mooring of the ship is, it is registered in the registry office there. If the mooring port of the ship is not in a port city or in a foreign country, or if the ship's voyages are managed from the ship, the owner may register the ship in any office.
Not all ships are registered in the ship registry. This issue is regulated in TCC art. 956 and 957. Registration of merchant ships of 18 gross tonnage or more is obligatory. Merchant ships less than 18 gross tonnage or non-merchant ships, regardless of the number of their tonnage, may be registered in the ship registry. Vessels not considered as Turkish ships cannot be registered in this registry.
The International Ship Registry
The Turkish International Ship Registry entered into our legislation with the Law No. 4490 of 16 December 1999. In order to demonstrate the implementation way of this Law, the Turkish International Ship Registry Regulation has been issued.
The Turkish International Ship Registry is a section of the National Ship Registry system and consists of rules that have a special area.
Vessels registered in this registry are entitled to fly the Turkish Flag.
Yachts and vessels to be brought from abroad through financial leasing are written in a special column of this registry.
Registration in the Turkish International Ship Registry
Conditions for Ships: Turkish International Ship Registry Law(TISRL) art.1 mentions ships and commercial yachts. Commercial yacht is defined in the article 2 of the same Law. Special purpose-special structured ships were mentioned in Article 4 / c, but no description was given about the ships. TISRL stipulates that the types and qualifications of the ships in question will be made by the administration.
Passenger ships, cargo ships, offshore fishing vessels, special purpose-specially built vessels and yachts used for commercial purposes can be registered in the Turkish International Ship Registry.
1) Cargo Ships: Cargo ships to be brought from abroad must be over 3000 deadweight tons in order to be registered with the Turkish International Ship Registry.
2)Passenger Ships: Passenger ships are not defined in our legislation. For passenger ships to be brought from abroad, it is required to be over 300 gross tons.
3) Offshore fishing vessels: In TISRL art.2 / a, it is stated that the word ship used in the law includes offshore fishing vessels. TISRL md.4 / a has also included offshore fishing vessels in the word ship. Art.2 / a and b generally refer to ships, md.2 / c refer to offshore fishing vessels.
4) Special purpose-specially built vessels: They are mentioned in the provision of article 4/c of TISRL. The regulation stipulates that it can be registered in the Turkish International Ship Registry with the clauses of art.2 / a and c. Ships brought from abroad must be over 300 gross tons to be registered in this registry.
5) Yachts: The description of the yacht is given in TISRL art.2 / b and TISRL art.4 / b. In TISRL art.4 / c, "yacht owner" is defined. Generally speaking, those that qualify as "commercial yachts" can be registered in this registry. Private yachts cannot be registered.
Conditions Regarding Owners;
According to the provision of TISRL art.5 / I, Turkish or foreign real persons whose recidence in Turkey and companies established according to the Turkish legislation can register their ships and yachts in this registry. The determination of the residence element is made in accordance with the article 19 and 51 of the TCC and the article 42 / I of the TCC.
1) Real Persons:
Turkish Residing in Turkey;
For the registration of ships that belonging to Turkish real persons and have the requirements to be registered to the registry, ship owner must reside in Turkey.
For the registrations of ships that is owned by Turkish real persons, to the International Ship Registry, all of the owners must have residence in Turkey.
If a Turkish citizen whose resident in Turkey began to leave his residence and place abroad, the owner must make a request for the deregistration of the ship owned by him.
Foreigners Residing in Turkey:
It is possible for foreign real person whose Residence is in Turkey, to register the ship of him to this record.
The important point here is residence must be in Turkey. For the registrations of ships that is owned by Foreign real persons, to the International Ship Registry, all of the owners must have residence in Turkey.
If a foreign real person whose resident in Turkey began to leave his residence and place abroad, the owner must make a request for the deregistration of the ship owned by him.
2) Companies
TISRL art.5 / 2 and TISRL art.7 / 1 clearly stipulated that only ships belonging to companies can be registered in this registry. In order for a company to register its ship with this registry, it must be established in accordance with Turkish legislation.
Mooring Register
The vehicles described in the Law must be recorded in this register and a fee must be charged from them. Ships, marine vehicles and inland watercraft are included in the scope of the Mooring Register.