Colombian Commercial Code - Decree 410 of 1971 - Book Five - Navigation - Part One - From the Navigation Aquatics - Title IV - Captain - From: 1495 To Art: Art 1505

TITLE IV

CAPTAIN

Section 1495 .- The captain is the paramount chief in charge of government and direction of the ship. The crew and passengers owe respect and obedience as regards the service of the ship and the safety of people and leading the charge.

As a representative of the owner shall, against all those interested in the ship and cargo, the powers assigned to it by law. Conventional constraints of the right of representation of the captain will not be enforceable against third parties in good faith.

Section 1496 .- In case of death, absence or incapacitation of the captain of a ship line shipping, the government of the vessel shall be deck officers in the order of their ranks, next to the port of arrival, where the competent authority or the consular appoint the captain, as long as necessary.

For all other ships, including utility lines, both inland and in coastal navigation, the rules established by special laws and regulations.

Section 1497 .- In foreign ports, consular permission, the government of the ship captain will be entrusted to an alien who holds the qualification for the captain to be replaced, to the port where possible his replacement by a Colombian captain.

Section 1498 .- As a steward of the public authority and keep order on the ship during the voyage, the captain may take all measures it deems advisable for the achievement of that objective without undermining constitutional guarantees and legal persons on board. By virtue be entitled to:

1. Suppress and Punish disciplinary violations committed by the crew on board and out police violations incurred by passengers;

2. Passing offense if its investigation, in accordance with the provisions of the Code of Criminal Procedure,

3. Hand over suspects to the appropriate authority.

Section 1499 .- The captain will receive the will of the people on board, observing the formalities prescribed by law.
Similarly, subject to the provisions relating to civil registration, keep minutes of births, marriages and deaths that occurred during the voyage, and shall act as attorney assigned by the law. In cases of urgency, the captain will also have the powers of municipal judge in regard to civil marriage.Paragraph .- The captain of a ship line shipping, can attest that the signature affixed to a document is authentic.
Section 1500 .- The captain is obliged to keep on board the following documents:

1. Certificate of registration;

2. Patent navigation

3. Airworthiness certificate or rating;

4. Transit permit, if applicable;

5. Book of the crew list, authorized by the harbormaster;

6. Policy lease or charter, and bills of lading or manifest, if any;

7. Regulations on board, affixed in a visible place of the ship;

8. List of passengers, and

9. Other documents required by laws and regulations of the Colombian maritime authority.

Section 1501 .- The functions and duties of the master:

1. Make sure the ship is seaworthy for sailing to be undertaken;

2. Comply with laws and regulations, marine, health, customs, police, finance, immigration, etc.., Ports of departure and arrival;

3. Be aware of loading, stowage and stability of the ship;

4. Granting partial receipts of goods that are loaded on to replace them in due course by the knowledge or relevant documents;

5. Practical use services where the law, custom, regulation or common sense demands it;

6. Sail as soon as you finish the loading of the ship;

7. Raise funds for the sole purpose of addressing urgent repairs or provisions of the ship when we had them or not will wait to receive the owner or their agents, to that end may:

a) Rotate, accept, execute and endorse negotiable instruments or other securities on behalf of the owner, and

b) Mortgaging the ship prior written permission of the owner;

8. Use all means available to save the ship, when the events occur during the journey that threaten, even by sacrificing all or part of the load or partial damage of the ship, if, prior concept of board of officers, where necessary, but may not hire the rescue without express permission of owner;

9. Make specific mention of the receipts and knowledge of the effects whose breakdown, decline or poor conditioning is visible. In the absence of such words is presumed that the goods were loaded in good condition and properly equipped;

10. Sitting by the facts set forth below as they occur during navigation, the act of protest in the logbook or logbook and submit a copy of it to the competent authority of the first port of call within twelve hours after arrival ship:

a) Death or injury to persons on board;

b) Loss or damage to known or suspected ship or cargo;

c) Shipwreck;

d) Fire;

e) Collision;

f) Grounding and grounding;

g) General average or thick;

h) Forced landing, and

i) Disorders and extraordinary events that may affect the interests of people or cargo ship.

In case of absolute failure or impairment of the captain, will protest the person who replaces him in the direction of the ship and failing that, the shipowner or his representative;

11. Resist, at their discretion, by all means available, any violence that may be attempted against the ship, people or cargo, if forced to make delivery of all or part of it, note the corresponding entry in the logbook and protest the fact the first port of arrival.

In case of arrest, seizure or detention, the responsibility of the captain claimed the ship and cargo, and immediately notify the owner by the media which is at your fingertips.

While receiving final orders should take the provisional measures that are urgent for the preservation of the ship and cargo, and due attention to people;

12. Celebrate charter contracts and the other relating to the ordinary management of the ship and the normal development of the trip, when the owner is absent, his agent or legal representative;

13. In case of release, throwing things in the order the art navigational and circumstances warrant, after consultation with the board of officers;

14. Request permission to sell the vessel at auction, when it is outside its home port and in a state of unseaworthiness.

This permit may only be granted by the owner or his legal representative authorized to do so.

It is understood that the ship is in a state of unseaworthiness:

a) When you can not be repaired at the place that is not driven to a place where repair is possible and

b) When the repair expenses incurred exceed the value of the ship when repaired;

15. Borrow money on behalf of the owner of the ship that refuses to contribute the necessary expenses of the expedition, to cover the amount to charge. To make the loan as collateral the captain will share part of the reluctant co-owner, who require advance not less than twenty-four hours;

16. Collect on board, according to available means, the Colombian Navy that are abandoned in a foreign port where there is no consular office in Colombia. Is also obliged to take on board the Colombians that the consuls of the Republic see the need to repatriate in quantities determined by the ability of the ship not exceeding ten percent of the crew, if not prevent it justified force majeure at the same consular authority;

17. Having on board the following books:

a) Constitution of the Republic of Colombia and the country code;

b) Laws, decrees and regulations of the merchant marine;

c) Logbook or logbook;

d) Campaign book or orders to machines;

e) Logbook of sanctions, and

f) Book inventory;

18. Use as quickly as possible to save people, the effects of the ship, money, documents, books, navigation, engine, sanctions, and the load when in the course of navigation befalls the need to abandon ship .

If, despite his diligence lose objects removed from the vessel or those who remain on board will be exonerated of all responsibility;

19. Legally represent the owner or its agent shall, when absent, with regard to the ship and navigation;

20. Embarking and disembarking the crew in the absence or inability to consult with the owner or his legal representative;

21. Inform the owner or legal representative of the facts and material contracts relating to the ship and navigation, when they occur during the journey and in all possible circumstances;

22. Neutral when arriving in port after the departure becomes aware that a state of war has come and stay there until you can go out in convoy, or otherwise secure. Proceed the same way if they knew the port of destination is blocked.

The captain who sails under escort of warships and unjustifiably separated from the convoy, be liable for damages occurring to people, the ship or cargo. Under the same responsibility must obey orders and convoy commander signals;

23. Get on board the cargo must be transported by ship and put it on the destination port, available to the stevedoring company to be downloaded;

24. Landing of goods which have not been reported or who have been falsely. It may, however, inform the owner to recover the freight due or that may be applicable sobreflete. In any case may take the measures required by the situation;

25. Continue the trip as soon as you have ceased because of the forced landing, failing to compensate the damages caused;

26. Provide assistance and rescue is required by law, and

27. Address the protection of the interests of insurers and shippers or their dependents, when more than necessary, this is consistent with the requirement of the expedition.

If to prevent or reduce damage special measures are necessary, the captain will act according to their discretion.

Section 1502 .- Captain forbid:
1. Allow objects on the ship illicit trade;

2. Place on any part of the cover charge, unless, consented to the charger, technically possible or when accepted by custom;

3. Take on board passengers or cargo in excess of those permitted by the ship security;

4. Abandon ship while there is some hope of saving;

5. Change course or direction, except in cases where navigation demands it, a fact which must be recorded in the log;

6. Download the ship before making the protest referred to in Article 10 of the 1501 ordinal except in case of pressing danger;

7. Enter port other than your destination, unless the conditions of navigation require;

8. Allow shipment of goods or materials that are dangerous, flammable or explosive substances as no precautions are recommended for packaging, handling and isolation, or without the authorization of the respective competent authority whenever necessary;

9. Loading goods on their own without prior permission of the owner or his legal representative or the charterer, as appropriate, and allowed to do any member of the crew;

10. Receive different charge when there is total charter contract unless the respective charterer consents in writing, and

11. Celebrate any agreement with shippers in their best interest that particular case in which the benefits accrue to the owner, co-owner or charterer, as appropriate.

Section 1503 .- The captain is liable to the owner for breach of their duties and violation of the prohibitions, especially in case of loss or injury caused to passengers, crew, ship and cargo, unless he shows good cause. The master's responsibility begins since it is recognized as commander of the ship and ends with the delivery of it.

Section 1504 .- Regarding the sender and recipient, the responsibility begins when the cargo enters the ship and ends to deliver it to the side of the port of destination, unless otherwise agreed.

Section 1505 .- Convicted of fraud committed in the exercise of their duties or the performance of their duties, the captain shall be disqualified for ten years to hold any merchant ships.