Complete rules for sea navigation and ships

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1. The law regulates all legal situations arising from maritime navigation, including navigation on rivers, canals, lakes and reservoirs accessible from the sea up to where tides are felt, and on navigable river stretches with ports of general interest.
2. The law applies without conflicting with international treaties in force in Spain and European Union rules, and must be interpreted seeking uniformity with those treaties.
3. It defines what a ship is (a vehicle with a continuous deck of 24 meters in length or more), as well as boats, floating artifacts and fixed platforms, and requires ships to be registered in the Ships Section of the Registry of Movable Property, which makes ship mortgages possible.
4. It sets navigation policing rules: all ships may enter Spanish open ports subject to safety, customs, health and environmental rules, and every departure to sea requires clearance from the Maritime Administration.
5. It establishes the regime of innocent passage through territorial waters: passage must be continuous and expeditious, and marine scientific research, underwater activities and intentional and serious pollution acts are prohibited during it.
6. The shipowner is liable to third parties for the acts and omissions of the captain and crew, while the captain holds command, represents the shipowner and may take autonomous decisions for the safety of human life and the marine environment.
7. It regulates navigation accidents: collisions are governed by proven fault, with joint liability of both shipowners toward third parties, and the shipowner is liable for pollution damage by the mere fact it occurs, with mandatory insurance.
8. Injured parties have a direct action against the insurer under mandatory liability insurance, and the law regulates marine insurance for hulls, cargo and liability, mostly with default rules the parties may freely modify.

Who it affects

• Shipowners, shipping companies and captains: They must comply with navigation policing, documentation, crew and insurance rules, and are liable to third parties for damage.
• Maritime transport companies and cargo owners: Their charter, passage and auxiliary contracts follow unified liability rules, largely non-negotiable.
• Sea passengers: They are entitled to a ticket with mandatory details and to compensation under the applicable international convention, with mandatory insurance on ships carrying more than twelve passengers.
• Insurers and victims of maritime accidents: Marine insurance is regulated and victims get a direct action against the insurer.
• Those operating in Spanish ports and waters: Pilots, ship agents, port stevedores and ship managers have their own liability rules.

Words worth knowing

Armador (shipowner)

A person who, whether or not owning the ship, possesses it and operates it for navigation in their own name and under their responsibility.

Eslora (length overall)

The length of the ship, measured from bow to stern.

Conocimiento de embarque (bill of lading)

A document proving the goods are on board and giving the right to receive them at the destination port.

Paso inocente (innocent passage)

The right of foreign ships to cross Spanish territorial waters quickly and without harming the peace, order or security of the country.

Arribada forzosa (forced arrival)

A ship's entry into port out of necessity, such as a breakdown or bad weather.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries