Turkish Straits

Beware engine problems in the Turkish Straits

Caglar Coskunsu, Partner, Cavus & Coskunsu Law Firm, warns masters and owners to take care when running into engine problems in the Turkish Straits. Immediate salvage assistance is not always the right answer

The Turkish Straits is a unique system of waterways consisting of Istanbul and the Çanakkale Straits and the Marmara Sea connecting the Black Sea to the Mediterranean Sea. The most challenging parts of the Turkish Straits for navigation are the Bosporus and the Dardanelles where there are many sharp turns requiring a change of course at large angles and the domestic sea traffic is busy.

In addition, the currents sometimes make the passage of the Dardanelles and the Bosporus more difficult, particularly when the weather conditions increase the currents’ speed and cause variations in the directions of the currents in some risky parts of Bosporus and Dardanelles.

A state-owned organization, Kiyi Eminiyeti Genel Mudurlugu (The Directorate General of Coastal Safety), has monopoly rights for salvage services in the Turkish Straits including Izmit Bay and also some areas in close proximity to the entrances of both the Bosporus and the Dardanelles.

The Directorate is, however, not just a salvage company but also a large company operating pilotage and vessel traffic services (VTS) in the Turkish Straits with extensive resources. This includes many tugs stationed in the Turkish Straits, stations, personnel, different types of boats, land vehicles and equipment in addition to the salvage services, they operate.

PROS AND CONS

The existence of a state-owned salvage company in a narrow channel with busy traffic has both its pros and cons. The advantage for the ship masters, owners and insurers is that the mobilization time of the tugs owned by the Directorate is extremely good for salvage service as there are many escort tugs operating continuously. Tugs are also stationed in both the Bosporus and the Dardanelles.

In one recent case, a tug intervened with a vessel that was exposed to imminent danger in less than 10 minutes. This is a better attendance time than a normal fire and rescue service in the city of Istanbul in rush hour of traffic.

“In the case of an engine problem in the Turkish Straits, any recommendation of the pilot and the VTS to accept help from the tugs should be approached with caution.’’

Caglar Coskunsu, Cavus & Coskunsu

Therefore, when it is really needed, the salvage assistance will be available within very short period of time in the Bosporus and the Dardanelles. However, the short response time of the Directorate for a salvage assistance sometimes works against the ship and the property owners when there is an engine problem which could be resolved without causing danger to the vessel and property on board. Particularly, when there is a pilot on board, it becomes more complicated. In many cases, the ship masters do not realize that the Directorate also operates pilotage and the VTS in the Turkish Straits. Giving lines to tugs of the Directorate General of Coastal Safety in cases of engine problems without realizing that it would lead to a salvage case because both the VTS and the pilot encourage it can be a conflicting situation.

As soon as there is an engine problem, the pilot on board reports it to the VTS station which mobilizes tugs for a salvage service in minutes. Even in situations when the engine problems would be resolved shortly or where there would be an option to drop anchor, the masters face extreme pressure from the pilot and the VTS to take line from the tug(s).

UNNECESSARY SALVAGE CLAIM

All of the above may make it seem like the master would find it impossible situation to avoid an unnecessary salvage claim. But there are remedies. First of all, good preparation of the engine is needed before entering the Turkish Straits.

In the case of an engine problem in the Turkish Straits, any recommendation of the pilot and the VTS to accept help from the tugs should be approached with caution.

The master must make his or her own assessment. The master should assess whether the vessel is in danger or not. If there is no danger, no assistance from the tugs should be accepted. There is no obligation for accepting the assistance from the tugs.

Even in situations where the engine power cannot be restored quickly, if the vessel can steer or can drop anchor safely, the master should opt to drop anchor.

The master will be pressed by the pilot and the VTS not to drop anchor and the master will say that it has been prohibited to drop anchor in the case of engine problems or low speed. However, if the surrounding circumstances do not cause any danger by dropping anchor, the master may proceed.

The consequences will only be an administrative fine that represents an insignificant amount compared with a salvage claim. The dropping of the anchor in the Turkish Straits or refusing assistance from the tug is not a crime. The masters should therefore not be afraid of prosecution.

The master should always keep the VDR records in mind and if the master thinks there is no danger it should be stated to the pilot or the VTS to make sure that it is recorded and can be used as evidence to help challenge a salvage claim, if it is made without any reasonable ground.

The VTS also records all VHF communications by which the master shall be required to confirm salvage assistance. The Directorate General of Coastal Safety is a state-owned organization which does not have the authority to intervene with a vessel.

Therefore, the masters should not verbally accept any salvage assistance over the VHF promptly if there is no real imminent danger or it is unclear whether salvage assistance is justifiable or not.

ROUGH CONDITIONS

If the manoeuvring speed of the vessel is low, the masters whose vessels will pass from south to north should be careful, particularly when the weather conditions are rough in the west of Black Sea around the northern entrance of the Bosporus. This is because the force of currents dramatically increase and produce rough seas in the Black Sea that can reach up to 4-5 knots in some cases in the riskier areas of the Bosporus.

More importantly, ship masters should be alerted to potential salvage risks in case of slow speeds in the Turkish Straits. Unless there is absolute necessity because of imminent danger, the ship master may not opt to take lines from tugs because it is possible to drop anchor at a safe place or to continue if the vessel steers at a low speed.

Normally, dropping anchor is prohibited in the Turkish Straits. But, if it has to take place for safety reasons, it can be done and the worst outcome would be an administrative fine which is a very low amount compared with a salvage claim based on the values of the ship and the property on board.

Slow speed issues and engine breakdowns in the Turkish Straits are becoming more costly for owners and insurers. There have recently been four cases within a week.

Therefore, given that the risks are real, good passage planning considering all operational aspects of the ship engine should be made in the Turkish Straits.