Tuesday March 28 2017

Posted by Tomas on February 19, 2014
  • Boating, yachting and cruising the western waters of Mexico
    Boating, yachting and cruising the western waters of Mexico

Below is a literal translation of the Mexican Maritime Laws:

LAW OF NAVIGATION CURRENT TEXT (Last reform implemented 26/05/2000 ) New Law published in the Official Journal of the Federation on January 4, 1994 Navigation LAW. The margin a seal with the national emblem which reads: United States of Mexico - Presidency of the Republic.. Carlos Salinas de Gortari Constitutional President of the United Mexican States, its inhabitants known: The H. Congress, has sent me the following DECREE THE CONGRESS OF THE UNITED STATES OF AMERICA ENACTED : LAW OF NAVIGATION

TITLE I General Provisions

CHAPTER I Scope of the law

Article 1 The object of this law regulate the general means of water communication navigation and services therein provided, the Mexican merchant marine, as well as acts deeds and goods related to maritime trade. Excluded from the provisions of this Act naval vessels and military use artifacts belonging to the Navy.

Article 2 For purposes of this Act shall apply: Naval Artifact: Any fixed or floating structure not being intended to sail, birthday functions complement or support in the water at sea, river or lake activities or exploration and natural resources, including fixed platforms with the exception of port facilities although intern at sea. Maritime Trade : The acquisition, operation and exploitation of vessels in order to transport water persons, goods or things, or to make into a water activity of exploration, exploitation or capture Natural resources construction or recreation. Vessel : All construction intended to sail, whatever their class and dimension. Mexican Merchant Marine : The assembly formed by the Mexican merchant vessels and crew, the Mexican shipping companies and shipping agencies consignees of vessels in Mexican ports. Navigation : The activity that takes a boat to move water from one point to another with direction and purpose determinados. Secretaría : The Secretariat of Communications and Transportation. Means of communication by water or waterways : The territorial sea, rivers streams, vessels, lakes navigable lakes and streams channels intended for navigation as well as the water surfaces ports and marine terminals and its tributaries that are too.

Article 3 Federal jurisdiction is everything related to the general means of water communication navigation and maritime trade in the internal waters and the Mexican marine zones. It is for the federal courts hear disputes acts of voluntary jurisdiction and procedures Special or execution issues the general means of water communication navigation and maritime trade, notwithstanding that under the terms of the relevant provisions, the parties submit their differences to arbitration.

Article 4 The Mexican naval vessels and artifacts will be subject to compliance with Mexican law, even when out of the waters of Mexican jurisdiction without prejudice to the enforcement of foreign law when in waters under another jurisdiction. Foreign vessels that are inland and Mexican marine zones are subject for that only done so to the jurisdiction and compliance with Mexican law.

Article 5 In the absence of specific provisions in this law and its regulations, and applicable international treaties ratified by Mexican Government shall apply additionally : I. The National General Laws Federal Real del Mar and Port ; II. Commercial Code; III. Federal Administrative Procedure Act ; IV. Civil Code for the Federal District in common matters, and for the entire Federal Republic Federal and Stuff Civil Procedure and V. Uses and international maritime customs.

CHAPTER II Maritime Authority

Article 6

The maritime authority lies in the Federal Executive who exercise it through :

I. The Secretariat by itself or through the port authorities ;
II. Masters of Mexican merchant vessels and
III. The Mexican consul abroad accredited at the port or place where the vessel is found to require the intervention of the Mexican maritime authority for cases and determine effects of this law. The Federal Government through the Ministry of the Navy exercised sovereignty over territorial waters and the coastal monitoring land waterways, islands and national exclusiva. economic zone

Article 7

The functions of the Secretariat, without prejudice to those corresponding to other units of government Federal Government : I. Plan, develop and drive policies and programs for the development of water transport and marine Mexican merchant ; II. Flagging and register vessels and naval craft and bring the Mexican Maritime Public Registry national ; III. Issue permits and authorizations to provide services and navigation in general means of communication water in terms of this Act; monitor compliance and revoke or suspend if any; IV. Grant concessions for the construction, operation and use of waterways in terms of the Act ports ; V. Inspect and certify that vessels and naval craft comply with the Official Mexican Standards issued by the Ministry and those established in international treaties concerning the safety of navigation and prevention of marine pollution by ships; VI. Granting approval to individuals or entities to perform the verification and certification of compliance Mexican official standards and establish international treaties ; VII. Regulate and monitor the general means of water communication and navigation meet conditions security; VIII. Organize, regulate and where appropriate provide services aids to navigation marine radio and maritime traffic control ; IX. Coordinate relief and rescue waters Mexican jurisdiction ; X. Organize, promote and regulate the formation and training of the Mexican merchant marine ; XI. Conduct investigations and proceedings and appoint experts in the field professionally empowered and issue opinions accidents and maritime river and lake incidents; XII. Participate in negotiations of international treaties in maritime matters and be the executing authority, within its jurisdiction ; XIII. Integrating the statistical information of the merchant fleet transportation and accidents in Mexican waters ; XIV. Register tariff bases shuttle for height conferenciadas lines and where appropriate authorize tariff bases shuttle for domestic passenger ; XV. Establish and organize a body surveillance security and assistance for inland navigation ; XVI. Impose sanctions for violations of this law, and XVII. The others that indicate other applicable laws.

Article 8 Each port enabled will have a harbor master under the Secretary with a territorial jurisdiction delimited and with the following attributes: I. Flagging and register vessels and acts to register in the Public Registry Maritime National under the terms of this ley.II. Grant permissions for the provision of maritime transport services of passengers and nautical tourism within waters under its jurisdiction with small boats according to relevant regulations ; III. Authorize the arrivals and dispatches of vessels; IV. Ensure that navigation docking, boats and permanence of pilotage and towing at the ports are made in safety economy and efficiency ; V. Supervise waterways meet the security conditions depth, and maritime signals aids to navigation ; VI. Inspect and verify that vessels comply with the Mexican official norms and treaties international navigation safety and human life at sea and the prevention of marine pollution from ships; VII. Voyages certify and issue report cards sea and maritime identity of Navy personnel embarked Mexican merchant ; VIII. Order, upon review of the port manager the maneuvers required of vessels when port efficiency is affected ; turned over to the Secretary complaints submitted by shippers regarding the allocation of berths and mooring for settlement as conducive ; IX. Coordinate relief efforts and rescue in case of accidental or incidents of vessels; X. Lead body surveillance security and navigation aid for the bottom ; XI. Conduct investigations and prosecutions of accidents and maritime, port river and lake incidents and act as assistant prosecutors ; XII. Imposing sanctions on the terms of this law, and XIII. Other laws and regulations conferred. Mexico 's Navy and federal state and municipal police, auxiliarán to the Harbor when requested in aspects of security, safety rescue and marine pollution within the framework of its competence. SECOND PART Merchant Marine

CHAPTER I Flag and registration of vessels

Article 9 Mexican naval vessels and are the standard bearers artifacts and enrolled in a harbor master to request of the owner or operator after verification of the security conditions and the same presentation resignation of flag of country of origin according to relevant regulations. The boat or vessel shall be entered in the National Maritime Public Registry and you will be issued a Certificate Tuition the original must remain on board as documentary evidence of their Mexican nationality. For registering boats and floating structures are classified : I. For use : a) passenger b ) Freight forwarding ; c ) From fishing; d ) For recreational and sports ; e) Special including dredgers tugs barges crane ships lifeboats and safety public and others not included in the above paragraphs, and f ) naval artifacts. II. Given its size in : a) Ship or larger boats: Any vessel five hundred units of gross tonnage or greater meeting the conditions needed to navigate and b ) smaller boat: The less than five hundred units of gross tonnage or less than 15 meters in length when is not applicable measured by tonnage.

Article 10 The established Mexican individuals or corporations under Mexican laws may spearhead enroll and register as Mexicans boats and floating structures owned or held by contract leasing. Foreigners may do so only with respect to vessels for pleasure or sports for private use.

Article 11 The maritime authority may at the request of the owner or operator as Mexican flagging a vessel in which case issue a transit permit navigation while enrollment is processed. Abroad Mexican consular authority may at the request of the owner or operator provisionally flagging vessels as Mexican and through the issuance of a transit permit authorizing the navigation for a single trip bound for Mexican port where you process the registry.

Article 12 Mexican nationality vessels are considered: I. The bearers and registered under this Act; II. Causing the abandonment in waters under national jurisdiction; III. The seized by Mexican authorities ; IV. Captured enemies and considered fair game and V. Any property of the Mexican government. The vessels included in sections II to V of this Article shall be registered officially.

Article 13 The certificate of registration of a Mexican boat indefinite period and will be canceled by the authority sea ​​in the following cases : I. When the vessel does not meet the safe navigation and pollution prevention the marine environment; II. By shipwreck, fire or any other accident that prevents him to navigate over a year ; III. On the destruction or total loss ; IV. When its owner or possessor I stop being Mexican except for the case of recreational craft or Sports for private use; V. On the sale, purchase or assignment to foreign governments or individuals with the exception of the vessels for pleasure or sports for private use; VI. Capture made ​​by the enemy, if the vessel was declared lawful prize ; VII. By court order and VIII. Resignation of Flag owner or holder of the certificate of registration. The maritime authority shall not approve the resignation of flag and cancellation of registration and registration of a boat or vessel where it is covered or guaranteed payment for labor and tax credits and there encumbrance record issued by the National Maritime Public Registry unless otherwise agreed between the parties.

CHAPTER II National Maritime Public Register

Article 14 The Secretariat will be responsible for the National Maritime Public Registry in which shall be entered : I. Certificates of enrollment of Mexican naval vessels and artifacts ; II. Contracts for the acquisition sale or transfer and the acts establishing property rights, or translative Extinctive property modalities mortgages, liens and maritime liens on vessels and Mexican naval craft which must appear on the instrument before the notary or public hall ; III. Leases or chartering boats naked Mexican town ; IV. The shipbuilding contracts in Mexico or those that are built overseas and intend to champion and Mexican ; V. Is repealed. VI. Mexican shipowners and shipping agents and operators whose enrollment is sufficient to submit copy of its bylaws or birth certificate as applicable and VII. Contract or any other document relating to vessels, maritime trade and port activity when law requires this step. The acts and documents under this Act to be registered and will not register produce effects only among those who the grant but may not produce harm to others which can use them as if he is in favor. No registration required actions and documents related to the small boats and craft established by the respective regulation. The Secretariat will establish a special section in the National Maritime Public Registry the competitiveness of Mexican vessels enrolling to devote himself exclusively to international shipping. The organization and functioning of the National Maritime Public Registry process, formality and delas registration requirements shall be specified in the respective regulations.

Article 15 Is repealed.

CHAPTER III Shipping Companies

Article 16 The shipping or shipping company is the person or entity that seeks to operate and operate one or more vessels owned or possession even if this is not the main activity. The owner is the shipping or shipping company that handles equip, victual provision, equip and crew keep the ship seaworthy to assume its development and operation. The operator is the person or entity that, regardless of the quality manager or operator celebrates own name Water transport contracts for the use of the space craft that he, his looks has contracted. The owner is the individual or owner of the real right of ownership of one or more vessels or naval craft under any legal title.

Article 17 To act as shipping or Mexican shipping company requires: I. Being Mexican or corporation incorporated under Mexican law ; II. Having established in national territory and III. Be registered in the Public Registry National Maritime .

Article 18 It is presumed that the owner or co-owners of the vessel are its owners unless proven otherwise. The shipping assume operation or operation of a vessel that is not property must make shipowner declaration to the maritime port authority enrollment such declaration shall be recorded outside registration in the Public Registry and National Maritime cease when that capacity should be requested cancellation such entry. This statement may also make the boat owner. If that statement is not made the owner and the shipowner jointly liable for obligations the operation of the vessel.

CHAPTER IV Shipping Agents

Article 19 The general shipping agent is the person or entity acting on behalf of the shipowner or operator as agent or commission merchant and is empowered to represent his principal or master in transportation contracts freight and chartering shipping agent consignee name ship and perform other acts of commerce his principal or master entrusted. The consignee of vessels shipping agent is the person or entity acting on behalf of the shipowner or operator character agent or commission merchant for all acts and things as required in relation to the boat at the port of General consignación.El shipping agent or failing this the consignee of vessels shipping agent will be legitimized for notifications even on behalf of the shipping location or operator for which case the judge will grant a sixty days to answer the complaint.

Article 20 To act as a shipping agent is required: I. Be an individual of Mexican nationality or legal personnel incorporated under Mexican law ; II. Having its registered office in its territory; III. Check with a contract of mandate or commission representation and functions entrusted by the shipping or operator and IV. Be registered in the Public Registry National Maritime.

Article 21 The consignee of vessels shipping agent will act as a representative of the shipping to the federal authorities in the port and may perform the following functions : I. Receive and assist in the port the ship that whatever entered ; II. Perform all acts of management necessary to obtain the release of the vessel; III. Take the necessary steps to comply with the provisions decisions or instructions arising from any federal authority in the exercise of their functions; IV. Prepare enrollment and issuance of ship practicing due diligence to provide you and arm properly ; V. Issue revalidate and sign as a representative of the master or those who are commercially operating the vessel, bills of lading and other necessary documentation and deliver the goods to the addressees or custodians ; VI. Attending the captain of the vessel, and hiring and supervising the services necessary for the care and operation of the vessel in port and VII. In general perform all acts or transactions pertaining to navigation transportation and maritime commerce relating to the ship. To operate in Mexican ports require any alien designate an agent shipping agent shipping vessels operating in the port. Mexican shippers are not required to designate shipping agents in a given port to meet their own boats provided they have offices in that port, and a representative has been given reporting to the Secretariat.

CHAPTER V Crew

Article 22 The captains naval pilots, masters chief engineer mechanics and operators in a general way all the personnel of the crew any Mexican merchant vessel must be Mexican by birth who does not acquire another nationality and in full enjoyment and exercise of their civil rights and políticos. In fishing vessels not considered crew at the train crew only performs functions instruction training and supervision of the activities of capture, handling or processing of fishery resources. On cruise ships and ferries is not considered crew personnel only performs functions attention to passengers.

Article 23 The number of crew members of a ship and its training must be such as to ensure the safety of navigation and vessel. To do this, the crew must demonstrate their technical ability or practice by document identifying them as staff of the Mexican merchant marine, in accordance with the regulations respective settling in this requirements to perform the different categories under the terms of the Convention International Convention on Standards of Training Certification and Watchkeeping for Seafarers Owners or operators are required to monitor that their personnel comply with the provisions of paragraph above, being jointly responsible for the breach of this provision, with whom are responsible for the direct responsibility of navigation, including ratings.

Article 24 The vessels must skipper as stated in the terms of treaties international as well as in the respective regulations. The captain of the boat will be on board the first authority . Everyone on board will be under his command, and in water foreign and offshore will be considered representative of the Mexican authorities and the owner or operator I must have the legal and technical capacity to take command of the boat and be responsible for this its crew, passengers cargo and legal acts performed. The captain of the boat is responsible for it even when you are not on board.

Article 25 The captain shall have the following duties on board vessels:

I. To maintain order and discipline and must take the necessary measures to achieve these objectives;
II. Keeping the log book and other books and documents required by laws and regulations. The annotations of these books will be signed by the captain ;
III. Act as Assistant Federal Public Ministry;
IV. Acting as officer of civil status and lift wills, in terms of the Civil Code for the District Federal, in Common Law and to the Republic in Federal Matters and
V. Exercise authority over people and things.

Article 26 Officers shall comply with orders to settle in the Book of boxes as well as all those functions and tasks assigned to them by the captain according to its category. Every major transport vessel shall have a duty officer acting on behalf of the master and be responsible to him to maintain the safety of the vessel order and discipline on board and realize orders received is empowered to require cooperation of all personnel of the vessel and, when in port for operations and maneuvering are not suspended.

Article 27 Craft patterns exert control monitor that order and discipline on board is maintained, but not be vested with the representation of the Mexican authorities after being informed of the committee or omission of acts involving a breach of legal regulations in force, give timely notice to the authorities appropriate and shall be required to inform the maritime authority any circumstance that is not in accordance with the terms of the certificates of the vessel.

CHAPTER VI Merchant Maritime Education

Article 28 The Secretariat will organize the training of personnel of the Mexican merchant marine, directly or through educational institutions duly registered by the same without prejudice to the powers correspond to the Ministry of Education. Instructors delivering training should have Secretariat records and comply with the requirements established by it in the respective regulations as well as the established in international treaties.

Article 29 The curricula for the training of various levels of professional and subordinates of the crews of merchant vessels, shall be authorized by the Secretariat in accordance with the development and needs of the Mexican merchant marine, with the participation of Mexican shipping companies and colleges marine and the terms if any stipulated by international treaties. Professional degrees sea books and other documents required by the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers shall be issued by the Secretary pursuant to respective regulations. Those who obtain titles Naval Pilot and Naval Machinist under the terms of the relevant regulation the Secretariat will issue jointly titles Geographer and Surveyor Engineer for the former, and Mechanical Engineer for Naval seconds.

PART THREE Navigation

CHAPTER I Navigation System

Article 30 Navigation in Mexican marine zones and the arrival to Mexican ports will be open in time of peace for vessels of all countries in terms of international treaties . Navigation in Mexican marine zones and the arrival to Mexican ports may be denied by the authority sea ​​, where there is no reciprocal agreement with the country of registry of the vessel, or when so required in the interest you public. Craft operating on Mexican marine zones must be flagged in one country fly their flag and have marked their name and port of registry.

Article 31 The maritime authority by accident or force majeure may, at any time, temporarily or permanently closed to navigation certain ports in order to preserve the safety of persons and goods.

Article 32 Sailing vessels engaged is classified as: I. Interior - Within the limits of the Mexican ports or inland waters such as lakes ponds reservoirs, rivers ydemás inland bodies of water. ; II. Cabotage - By sea between ports or places in Mexican and Mexican coastal marine areas. And III. Height -. By sea between ports or places located in Mexico or Mexican marine and ports or located abroad as well as between ports or foreign points.

Article 33 Operation or operation of vessels in ocean shipping, which includes transportation and marine towing is open to international shipping and craft all countries, there is reciprocity in the terms of international treaties. The Secretariat, in the opinion of the Federal Competition Commission, may be set aside in whole or in part, determined international cargo high, so that it can only be performed by Mexican shipping companies, Mexican vessels or considered as such when the principles of free competition is not respected and affect the national economy.

Article 34 Without prejudice to the provisions of the various international treaties to which Mexico is a party, the operation and operation of vessels on inland waterways and coastal shipping is reserved for Mexican shippers with Mexican vessels. In the absence of these boats available and equal technical conditions and price, or that the public interest so requires, the Ministry may issue temporary permits for inland and cabotage in accordance with the following priority : I. Mexican foreign vessel under lease or bareboat charter shipowner ; II. Mexican foreign shipping vessel, under any contract of affreightment and III. Foreign shipping to foreign vessels. In any case, the permit will give priority to those shipowners whose vessels will have to more Mexican crew in terms of the provisions of Articles 7 and 154 of the Federal Law Labour and countries whose flag vessels have concluded treaties with Mexico reciprocal transport promenade. The operation and exploitation in inland and coastal cruise ship and dredges and artifacts naval, construction conservation and operation may be made by Mexican shippers or foreigners, Mexican or foreign ships or naval craft.

Article 35 The shipping for the operation of vessels in service inland and coastal water :

I. Require permission of the Secretary to be serviced : a) Passenger and cruise ships ; b ) Water sports with smaller vessels of Mexican sports and recreation or by vessels deposited in an approved foreign tourist marina ; c ) Safety rescue and aid navigation through special vessels and d ) Towing and lighterage maneuvering in port, except when they have concluded a contract with the port manager accordance with the provisions of the Ports Act. II.Podrán by vessels that meet the security and navigation made ​​without prior permission Secretariat the following services : a ) Freight and transport trailer ; b ) Fishing provided they have the license, permit or authorization from the Ministry of Fisheries according to the law of matter; c ) Dredging provided they meet the requirements for the completion of the construction or maintenance and d ) Operation of special vessels and craft except for safety rescue and relief to the navigation.

Article 36 The granting of licenses and permits that this law refers to shall conform to the provisions economic competition. The revocation of licenses and permits will be subject to the procedure established by law for this Port.

Article 37 Permits matter of this law to all persons who meet the requirements of this Act and shall be granted regulation but in any case the relevant decision must be issued within a period not exceeding forty five calendar days counted from the filing of the request .

CHAPTER II Arrival and Dispatch of Vessels

Article 38 Arribada is considered the arrival of a vessel at the port, or to a point from the coasts or shores from a port or other point regardless of loading or unloading passengers or freight and is classified as: I. Preview : The firm entered in the output port of origin ; II. Windfall : The other occurs in the expected output in the office locations for cause duly tested and III. Compulsory: The one that is effected by operation of law act of God or force majeure. It must justify to the maritime authority unplanned or forced vessel arrivals.

Article 39 The boats to arrive at a port, require the authorization of the maritime authority prior to the compliance with the requirements specified by the regulations of this Law

Article 40 Homing means the approximation of the vessels to the coasts or shores to recognize you or rectify the position continuing the journey. In this case that they have reached the outer harbor or roadstead only seek shelter or only been communicated to ground distance may abandon their funding without any notice or formality.

Article 41 The vessels to go to sea will require a clearance issue maritime port authority prior to compliance with the requirements established in the relevant regulation. Shipments without effect if using them is not made within forty-eight hours of expedición.

Article 42 The office may decline by vessels : I. By judicial or labor court ; II. By federal administrative authorities ; III. Failure to furnish the required documentation in this chapter and IV. Be a danger to the ship if the sea is according to official weather report.

Article 43 At sea the arrival and clearance of vessels and recreational sports are subject to the simplified scheme set the respective regulation. The Secretary may authorize an honorary delegate of the Harbor responsible for monitoring the arrival and dispatch of pleasure and sporting boats operating in that sea office except those in ocean shipping, which must be issued by the Harbor.

Article 44 Satellite office means fishing authorization for a vessel to proceed to sea in order to Fishing activities. The term of office of the preceding paragraph shall be set by the maritime authority itself may not exceed ninety calendar days as stated in the respective regulations. The shipping will be obliged to give notice of entry and exit, each time they do under the current study, I must inform in writing to the maritime authority of the crew list fisheries staff course and areas likely to be incurred where fishing.

Article 45 Movements in and out of boats in harbors and mooring maneuvers docking, stash and mooring within them are subject to the priorities established in the rules of operation port but there will be awards for the flag or the amount of the sums to be paid for services port.

Article 46 The harbormaster prevent the in port of ships without cause is prolonged. While in the port area vessels must have the necessary staff to run any move to order the maritime authority or appropriate for port security and other vessels.

Article 47 Boats loaded with explosive or flammable substances, implement their loading and unloading in place determined by the rules of operation of the port and in strict compliance with the instructions for more security makes them the Harbor

CHAPTER III Pilotage

Article 48 The service is conducting a pilot boat using by the masters of ship a harbor pilot to perform maneuvers input, output funding amendment, or moorage berth in ports, and aims to ensure and preserve the safety of the vessel and portuales facilities. The Secretary shall determine based on criteria of safety, economy and efficiency ports ships áreasde funding security and waterways for which it is mandatory to use this service, which will provided in the form to prevent its regulations and the rules of operation of each port. The maritime authority may exempt from the obligation to use pilotage services to vessels under the command of one captain pilot or pattern and proving their ability to engage in : I. The completion of construction of port infrastructure dredging on the same port during the period in carrying out the work and II. Inland navigation and cabotage when performed regularly at the same port and not carrying petroleum or petroleum products or hazardous goods. The pilotage service any vessel arrives or departs from a port will be provided and you are legally obliged to use this service, as well as others who request it.

Article 49 The pilot service will be paid by harbor pilots. This permission granted by the Secretary shall be required or contract with the Port Authority for the respective port in accordance with the provisions in the Ports Act.

Article 50 For harbor pilot is required to be Mexican by birth who does not acquire another nationality enjoy full and exercise of their civil and political rights and have the corresponding title and certified marine competition awarded by the Secretariat, that credits for the respective port in accordance with the requirements the regulations. The harbor pilot when you are directing the maneuver on board, be liable for damages cause to ships and port facilities except fortuitous event or force majeure. The charge port driver is incompatible with any employment or commission directly or indirectly, in the shipping companies or shipowners agencies and their affiliates or subsidiaries.

Article 51 The presence of a harbor pilot on board a vessel not relieve the master from liability as this retains full authority control subject to rights of recourse against the pilot captain. captain is obliged to meet the indications pilot port if your concept does not expose security boat otherwise be relieved of their duties at the harbor pilot who is authorized to leave the bridge of the boat giving both announce it to the relevant maritime authority for coming effective and must be replaced by another pilot port if conditions permit maneuver.

CHAPTER IV Trailer harbor maneuvering

Article 52 The port service for maneuver trailer is one that lends itself to rescue a boat maneuvers funding input, output docking, undocking and amendment, within the limits of the port, to ensure the safety of inland waterways and port facilities. The Secretary shall determine based on criteria of safety, economy and efficiency ports and vessels by gross tonnage or features that require the mandatory use of this service which is provided with number and type of tugs and in the manner prescribed by the relevant regulations and rules of operation for each port.

CHAPTER V Maritime Signaling and navigational aids

Article 53 The Secretariat shall make arrangements to establish and maintain pointing and maritime navigation aids justifying the volume of maritime traffic and the required degree of risk, according to treaties resolutions and recommendations of an international character and to make available to all stakeholders information on aid.

Article 54 The Secretary shall determine the ports or waterways where traffic control systems to be established maritime, will work continuously for twenty-four hours a day.

Article 55 The Secretary shall determine the maritime areas for anchorages, navigation channels and areas of safety in areas adjacent to ports and facilities and areas of exploration and exploitation of natural resources in waters federal jurisdiction in order to preserve the safety of navigation homing and departure of vessels operating under the same.

Article 56 Grantees for comprehensive port management and the terminal marinas, facilities ports and waterways, will be responsible to build install, operate and maintain the concession areas in the signals and other maritime navigational aids subject to the provisions established by the Ministry and indicate titles of concession.

Article 57 Masters of vessels are required to inform the maritime authority of interruptions deficiencies and flaws they detect in maritime signals.

CHAPTER VI Naval Inspection

Article 58 The Secretary shall issue to ships and craft safety certificates navigation relevant as evidence that they have done all the tests, initial inspections and verifications, regular or extraordinary prescribed to attest that meet the technical conditions for safety of navigation and life at sea, according to international treaties and regulations respective. It is presumed unless proven otherwise that a vessel with a valid security certificate can sail in technically satisfactory security conditions. The maritime authority shall carry out the recognition of safety certificates to foreign vessels in the terms of international treaties.

Article 59 The construction and repair of vessels or significant modification shall be performed under safe condition under the terms of international treaties and enforcement of regulations concerned for which : I. All shipyards docks, boathouses workshops and facilities serving the merchant marine must be subject to the respective official Mexican standards ; II. The project must be approved by the Secretariat and made ​​by individuals professionally recognized or registered companies with proven technical ability III. During the work on the ship construction or repair shall be subject to tests inspections and checks corresponding and IV. At the end of the work the vessel will require certificates of maritime safety and tonnage issuing the Secretariat or by persons approved by it. The term significant repair or modification of those vessels that may require alteration of their size or carrying capacity or that cause you to change the type of vessel, including those conducted intended to prolong the life of the boat.

Article 60 The inspection and verification service to boats, rafts life jackets and life buoys distress signals equipment for firefighting equipment and attracting marine radio weather information required for the Safety of Life at Sea will be provided in the form and manner specified in treaties international applicable regulations and the official Mexican standards. The devices and rescue equipment and facilities engaged in maintenance shall comply with the Mexican official standards and established by international treaties.

Article 61 The issue of security checks and the corresponding ships or naval craft and his security team as well as the authorization of construction projects repair or modification may performed directly by the Secretariat or by Mexican individuals or corporations or classification societies vessels duly approved under the terms established by the Ministry. For smaller boats, the respective regulations establish a simplified scheme.

Article 62 The maritime authority will inspect and verify the security of cargo ships requesting the shipowner, agent or master of the vessel information assurance stowage and trimming of cargo and others to which this law or international treaties that give them character.

Article 63 For the transport of dangerous goods they shall be stowed safely and appropriately. When deemed necessary, the maritime authority to conduct inspections and verifications vessels in port and their shipment to verify compliance with this provision and recommendations for the transport of dangerous goods by sea, in the terms established by the International Maritime Goods Code Dangerous.

Article 64 The owners, ship owners captains and crews of the other vessels, are required to facilitate inspections and providing data and reports to be asked and ordering maneuvers were indicate if not the safety of the vessel and port facilities expose. Inspection logbook or certificates of a vessel for administrative or judicial authority will be aboard this or offices in the Harbor that is to take the boat if this last inspected objects that will be returned immediately to the boat and may not be transferred to elsewhere. The owners or operators will be required to cover all expenses resulting from the inspections and verifications including those arising from stress testing and determining thicknesses and stability experiments that the maritime authority the amount of the costs incurred deems necessary repair and damaged material.

CHAPTER VII Prevención of Marine Pollution

Article 65 It is forbidden to any boat shed ballast rubble, garbage spilled petroleum or petroleum products water mineral waste or other harmful or dangerous parts of any species that cause damage or injury in the waters of Mexican jurisdiction.

Article 66 In the waters of Mexican jurisdiction the Secretariat will be responsible for the enforcement of obligations and prohibitions I laid down in the International Convention for the Prevention of Pollution from Ships including its protocol amendments and other international treaties on the matter subject to the provisions of the General Act Ecological Balance and Environmental Protection. In cases of accidental discharges and spills the Secretariat will coordinate with the Corps. The Navy will meet in the waters of Mexican jurisdiction concerning deliberate dumping and preventive measures established in the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter.

PART FOUR Property of Ships

CHAPTER I general provisions

Article 67 The boat is a chattel subject to the provisions of this law and other common law provisions on movables. The vessel comprises both the hull and the machinery, fixed or movable belongings and accessories for permanently to the ornament of navigation and vessel so which is a universal fact. The elements of individualization of a boat are: name registration number, port of registry nationality, landmarks and units of gross tonnage. The vessel will retain its identity even if it has changed any of the above items that form.

CHAPTER II Ways of acquiring vessels

Article 68 The document attesting the ownership of a vessel changes in ownership or security interest thereon, shall be recorded in instrument notarized or public corridor, contain elements individualization of the boat and be registered in the Public Registry National Maritime.

Article 69 In addition to the modes of acquiring property that sets the common law, ownership of a vessel can acquired by : I. Construction contract, the terms of this Act; II. Surrender validly accepted by the insurer III. Good prey qualified by a competent court in accordance with the rules of international law; IV. confiscation ; V. Angaria law and payment of compensation according to the rules of international law and VI. Abandonment as provided by Article 78 of this law.

Article 70 Unless otherwise agreed if the domain being in the boat journey they moved belong entirely to freight buyer that it accrued, since you received the last shipment but if at the time of the translation of domain any vessel reached its destination freight belong to the seller.

Article 71 The ownership of a vessel under construction is transferred to the buyer the following forms of construction contracts : I. Purchase sale of future costs, when bound to the shipyard don your account is established the materials in which case the ownership of the vessel is transferred to the purchaser until the process is finished construction and II. Force, when it is established that the shipping supply materials for the construction of a vessel in this case the same shall be considered property since construction starts.

Article 72 An action for damages against the builder for latent defects of the vessel shall prescribe in two years counted from the date it was discovered, but in no case exceed the term of four years, as from the date on which it has been made available to whoever hired construction. CHAPTER III joint ownership

Article 73 To facilitate co-ownership of a vessel the right of ownership over the same shall be considered divided into quirates hundred. Without losing its unity quirates proportionality may be the turn of ownership. the deliberations of the joint owners of a vessel is determined by a majority quirates. In case of a tie solve the competent judge. The majority decisions may be challenged in court by the minority.

Article 74 For repairs to import more than half the value of the vessel or to mortgage it decisions shall be taken by a majority of at least seventy-five quirates. If the competent judge to ordain the quirates of those who refuse to cooperate in the repair shall be auctioned court. Other quiratarios have the same right. The decision to sell the boat must be unanimous in quirates . If shall vote seventy five of them for sale, the competent judge may authorize any request after hearing dissidents. The quiratarios shall enjoy the right of first refusal on the sale of the quirates. No quiratario may mortgage or encumber its quirates without the consent of seventy-five of these.

Article 75 When the decisions referred to in this chapter can not be taken because most are not required to reach the judge may, at the request of one or more of the quiratarios and in accordance with the common interests of the copropietarios.

CHAPTER IV Mooring, abandonment and dismantling of ships

Article 76 The temporary mooring of vessels, consisting of their stay in port out of commercial operation without service crew on board except the guard. The harbormaster shall authorize the temporary jetty, designating place and time of stay if not detrimental port services, prior favorable opinion of the administrator port and after warranty given by the owner or operator sufficient to cover the damages that THEY MAY they occur during the time of the mooring and following the expiry of this not putting into service vessel, and the document that shows labor compensation are covered and other benefits legally payable by the owner or operator to the crew. In the event that the tie should occur in an area of ​​operation of the port concession the guarantee will be given for damage and damages in favor of the port manager.

Article 77 When the term mooring and extensions if passed, no service is down in the boat or when before the expiry of these terms abide in danger of collapse or constitute a hindrance to navigation or port operation the Harbor by itself or at the request of the port administrator, order your trailer to location convenient to the port manager. If the order is not met the Harbor maneuver ordered by account owners boat decreed retention and proceed to Step execution of the guarantee and where appropriate to the kick of the boat where the amount of the guarantee is not enough to pay whatever the cost of the maneuvers and damage and losses that might arise.

Article 78 The head of the Ministry may declare the abandonment of the vessel or vessel on behalf of the nation, in following cases : I. If you stay in port without operations and without crew for a period of ten calendar days without Berth request authorization ; II. When outside the limits of a port is in the case of the preceding section the period shall be thirty days; III. When the deadlines and extensions of temporary mooring authorized the lapse without the boat or naval artifact is put into service and IV. When will stay stuck or went under without carrying out the necessary maneuvers to rescue the deadline set by the maritime authority. While the declaration of abandonment is not made the owner of the boat or vessel wrecked will remain so.

Article 79 Scrapping a vessel authorized by the Secretary to the owner at the place and for a specified period provided they do not impair navigation and port services on low enrollment and establishment of sufficient collateral to cover expenses that might arise from damages to waterways the port facilities and marine environment, boat salvage or recovery of his remains and cleaning area where the dismantling takes place. In case that the breaking occurs in an area of operation concesionada port, the favorable opinion of the management port on the place of scrapping and warranty claims are be given to the latter.

CHAPTER V Privileges on Maritime Vessels and Naval Craft

Article 80 The maritime liens on vessels give the creditor the right to be paid for their preference credit relative to those of other creditors in the following order : I. Wages and other amounts due to the crew of the vessel in respect of their employment on board including costs of repatriation and social security contributions payable on their behalf; II. Claims arising from compensation for death or bodily injury supervening on land or water, in direct connection with the operation of the vessel; III. The claims for reward for the salvage of the vessel; IV. Credits by boat from the use of port infrastructure, marine signaling pathways inland and driving and V. Claims arising from the tort compensation on account of loss or material damage caused by the operation of the vessel, other than loss or damage caused to cargo, containers and the effects of passengers on board the boat. The maritime liens arising from the last trip will be preferred to those derived from previous trips.

Article 81 When a vessel produces damage from oil pollution or properties radioactive or its combination with toxic explosive or other hazardous nuclear fuels or radioactive products or waste only the privileges listed in Sections I III and IV of the preceding article taxed to such vessel before the allowances payable to claimants who prove their law.

Article 82 The maritime liens are extinguished by the lapse of one year from the time that they shall be made, enforceable unless it has brought an action aimed at freezing or roots of the boat. The termination of the privilege does not involve credit or compensation they will become extinct in the form and terms indicated in the applicable legislation.

Article 83 The assignment or subrogation of a claim or secured by a maritime lien compensation involved, simultaneously, the corresponding assignment or subrogation lien.

Article 84 Are maritime liens on the vessel under construction or repair : I. Salaries to employees directly involved in the construction of the vessel and the social security contributions payable on their behalf; II. Tax credits arising directly from the construction of the vessel and III. Credits builder or repairer of the boat, directly related to their construction repair. The builder or repairer privilege is extinguished with the delivery of the vessel. The lien on the vessel under construction is not extinguished by the transfer of ownership.

Article 85 El a boat builder or who have made repairs to it in addition to the privileges to be referred to in this Chapter shall have a lien on the vessel constructed or repaired to full solution of the debt.

Article 86 The provisions of this chapter are applicable to naval craft in what is.

CHAPTER VI Maritime liens on goods transported

Article 87 Have lien on goods transported credits from : I. Freight and accessories, the loading unloading and storage ; II. Removing wrecked goods, and III. Reimbursement of expenses and remuneration for salvage at sea in which payment is to be part cargo and as contributions in general average.

Article 88 The maritime liens mentioned in the preceding article shall be extinguished if an action is not exercised within a month, counted from the date of completion of unloading the goods.

Article 89 I started the download the carrier shall not retain the goods on board for the fact of not having been stuck on freight, but may apply to the competent authority on the same collateral is constituted. In any case, the carrier must place the goods at a place that does not harm port services, at the expense of cargo owners. CHAPTER VII maritime mortgage

Article 90 It may constitute a vessel mortgage or vessel constructed or under construction by the owner under contract to be entered into instrument notarized or public hall or any another notary public in the country or abroad. The maritime lien extends to freight, if it is agreed. The order of registration in the Public Registry National Maritime determine the degree of preference of mortgages. The cancellation of the registration of a mortgage can only be made ​​by express will of the parties or by judgment.

Article 91 Actual mortgage lien will immediately after the maritime liens set out in Article 80 of this Act, and shall have precedence over all other claims that may be levied to the boat or vessel.

Article 92 In case of loss or serious damage to the boat or vessel the mortgagee may exercise its derelicts rights and also about: I. Claims against property damage to the boat or vessel ; II. Amounts due to the boat by general average III. Damages caused to the vessel or vessel by reason of services rendered and IV. Insurance claims. Actual mortgage lien shall extend to the last installment of interest, unless otherwise agreed.

Article 93 The owner of the mortgaged vessel or naval craft you can not tax it without the express consent of mortgagee.

Article 94 The foreclosure action is barred in three years counted from the expiration of the credit guarantees. For the implementation of maritime mortgage is generally subject to the provisions of the Code of Civil Procedure for the District Federal and know the process of competent District Judge.

PART FIVE From Exploitation Contracts Boat
CHAPTER I Contracts of affreightment

Article 95 In contracts of affreightment the shipowner agrees to make a boat seaworthy to disposal of a charterer who in turn agrees to pay an amount called freight. Charter contracts are classified as: I. Charter or bareboat charter. - The shipowner undertakes to put in a certain time available charterer a certain vessel, unarmed and unmanned in exchange for payment of freight. The charterer assumes the nautical and commercial management as a manager or operator of the vessel chartered and must restore the boat to the term agreed in the state it was received except for normal use of the Commission and its rigs. The charterer charterer respond to all claims of third parties arising out of the operation and operation of the vessel and will be responsible for the maintenance and repair of the vessel except repairs arising from inherent vice thereof to be borne by the shipowner. In the charter bareboat may agree to purchase the option ; II. Time charter : The charter company agrees to put an armed boat and crew available charterer for a specified time in exchange for the payment of freight. The ship owner is also obliged to submit at the time and place agreed, and maintain during the term of the contract designated boat suitably armed to meet the obligations under the contract. the shipowner Management retains the nautical vessel leaving the commercial management of the charterer and the master owes obedience within the limits of the charter party and III. Voyage charter -. The shipowner undertakes to make all or a specified portion of a vessel with crew disposal of the charterer to carry out one or more trips. The ship owner is also obliged to submit the vessel designated on the agreed date and place and hold it for travel seaworthy properly armed to meet the obligations under the defletamento policy. The shipowner retains the nautical and commercial management. The charterer shall provide on board the quantity of goods specified in the charter party if compliance shall pay the full freight. The shipowner is responsible for the goods received on board, within the limits of the charter party. For other charter contracts are to be agreed by the parties and, where appropriate, to it under this chapter.

Article 96 The charter contract must be in writing and the document containing the charter party will be called. This Agreement shall be governed by the will of the parties and what not agreed by the provisions of this law. The charterparty contain at least : I. The elements of identification of the vessel; II. Name and address of shipowner and charterer ; III. Amount and payment of freight and IV. Contract length. The actions arising from the charter contract shall prescribe in one year. Will be null disclaimers of liability for damages resulting from failure to set in this law.

Article 97 When the parties will refer to type names policies internationally recognized and accepted it is understood that the agreed contract clauses applicable to such policies as internationally known except Part of this has modified clauses are by agreement by any means of correspondence transmission of text, cross between the parties, it is understood that such policies were modified in terms of that correspondence. If a charter agreement has not been signed by both parties, but the correspondence between them derive the terms hereof and the parties have begun to run it is understood that the contract exists in the terms on which the parties have agreed in their correspondence. For the purposes of clauses if there is only reference to them by their names without full text apply according to customs and international customs.

CHAPTER II Freight contract for water

Article 98 Means the contract of carriage of goods by water, one under which the shipping company or operator agrees to the shipper or carrier by paying freight to move goods from one point to another and deliver to the addressee or consignee. This agreement shall be recorded in a document called the bill of lading to be issued by the shipping company or operator to the shipper which will also be a representative of goods title and a receipt thereof on board embarcación.En of multimodal transport services in a segment is maritime transport the operator shall issue the time to take the goods in his charge document evidencing the contract which may itself or may not be negotiable at the discretion of the consignor . A multimodal transport contracts are applicable to them in what is the United Nations Convention on International Multimodal Transport of Goods, the provisions of this chapter and the respective regulations.

Article 99 Freight rates for regular services in ocean shipping and surcharges will be subject to the provisions of Convention on a Code of Conduct for Liner Conferences. Fees for other services freight water transport through bill of lading or contract charter shall be freely agreed by shipping companies and users. When there is not effective competition in the operation of the service, the Secretariat at the request of the party concerned and after favorable resolution of the Commission Federal Competition establish the respective rate bases.

Article 100 The bill of lading shall contain: I. Name and address of the shipping company or operator and charger ; II. Name and address of the consignee or the indication being to order; III. Name and nationality of the boat trip and number of bill of lading ; IV. Specification of goods to be transported noting the circumstances that serve to identify them ; V. The value of freight and any other charges arising from carriage ; VI. Indication whether freight prepaid or collect ; VII. The mention of the ports of loading and destination; VIII. The mention of the mode and means of transport ; IX. The indication of the place where the goods must be delivered to the addressee and X. The clauses relating to the terms and conditions under which the parties undertake to carry the goods by water.

Article 101 The provisions of this chapter shall apply to contracts for water transport is given whenever any of the following assumptions : I. The port of loading or discharge provided for in the bill of lading is located in Mexico ; II. That the bill of lading stated to be governed by the provisions of this Act and III. That one of the optional ports of discharge is within Mexican territory. The provisions of this chapter shall not apply to charter parties but when shipped knowledge boarding a vessel subject to this type of policy they will be subject to these provisions.

Article 102 The shipping and issuing the bill of lading in its own name shall be responsible for the goods from elmomento standing in custody until the time of delivery. The shipping company or operator receiving the goods in his custody, issue a document to each shipper provisional receipt to shipment that covers the delivery of the goods and as soon as they are shipped shall issue the respective knowledge shipment which will be exchanged for the temporary passport. It is considered that the goods when they are delivered by the recipient or available according with the contract the law or the customs and international customs, or to an authority or third party according to applicable laws are to be delivered.

Article 103 The withdrawal of the goods constitute unless the contrary presumed to have been delivered by the shipping company or operator as indicated in the bill of lading unless before or at the time to remove the goods and put them in custody recipient under the contract of carriage, is give written notice to the shipping company or operator at the port of discharge or loss and damages general nature of such loss or damage. If loss or damage is not apparent the notice must be given within three days of delivery. Not be the prior notice, shall be deemed delivered as agreed in the bill of lading. The actions derived water transport through bill of lading prescribed twelve-month from the date that the merchandise was made ​​available to the recipient or the vessel reached its Merchandise destination without reference.

Article 104 The shipping company or the operator may limit liability for loss or damage to goods in an amount equivalent in national currency of 666. 67 Special Drawing Rights per package or unit or 2 Specialty rights rotation per kilogram of gross weight of the goods lost or damaged whichever is higher, or if applicable as stated in international treaties about. The shipping company or the operator may not qualify for the limitation of liability if it is proved that the loss or damage came from an act or omission on your part.

Article 105 The shipping company or operator shall not be liable for damage to goods resulting from: I. Fouls nautical navigation captain pilot or crew ; II. Fire unless it has been caused by actual fault or privity of the shipping company or operator; III. Fortuitous event or force majeure; IV. Acts or omissions of the shipper, owner of the goods or their agents or representatives; V. The nature of the goods themselves that cause the decrease in volume or weight ; VI. Inadequate packaging or inadequacy of marks ; VII. Hidden defects and VIII. Those other aspects covered by the Civil Code. The charger will provide the shipping company or operator at the time of loading, the exact data identification of the same he entered and shall indemnify the shipping company or operator of all losses, damages and expenses arising from inaccuracies of such goods datos.Las flammable, explosive or dangerous nature not declared as such may be landed destroyed or rendered innocuous by the shipping company without compensation and the shipper of such goods will be liable for damages.

CHAPTER III Passenger water contract

Article 106 By the contract of carriage of persons for water shipping company or operator is required to carry on a predefined path to a person upon payment of a fee. This agreement shall be recorded in a document called ticket, bearer or nominative. When there is no effective competition in the provision of regular service passenger transport by water, Secretariat prior favorable opinion of the Federal Competition Commission, establish the respective rate bases. If prices are fixed they must be high and include adjustment mechanisms. These should allow service delivery in satisfactory conditions of quality, competitiveness and permanence. The price regulation only remain as still existing conditions that gave rise.

Article 107 The carrier is responsible for the death or injury of passengers for damages by reason of the provision service unless he proves that the accident is not attributable. The carrier is responsible for checked baggage as if they were transporting goods as well as personal baggage and cabin effects it is proved that the loss or damage is due to their own fault or employees. The carrier is obliged to take out insurance with sufficient coverage to cover liability under the terms the respective regulations.

Article 108 The carrier holds the privilege and lien on the baggage and vehicles registered derivatives passenger contract.

Article 109 Operations under contract to carry passengers and their baggage water prescribed in one year counted from the date of landing at the destination port if the vessel does not sail from the date the passenger reported the situation.

CHAPTER IV Contracts transport trailer section 110 The contract to provide towing service transport operation consisting of moving water one boat or other object from one place to another under the direction of the tug boat captain and this by providing for all or part of the tensile force. In the transport trailer both boat tug towed as they liable to third parties for damages they cause unless proven otherwise. The actions arising from these contracts expire within a period of six months as from the date agreed for delivery at the destination.

PART SIX Risks and Accidents of Navigation

CHAPTER I approaches

Article 111 Means approach to collision occurred between two or more vessels or between them and craft floating. If after a collision, a boat naufragare in the course of browsing or port your loss will be considered as a result of the collision unless proven otherwise. The provisions of this Chapter shall apply even if the collision occurs between vessels of the same owner.

Article 112 The event of collision shall be demarcated according to the Convention for the Unification of Certain Rules Matters of Collision notwithstanding the right to limit liability established in this law.

Article 113 In cases of collision with another vessel in tow, if the trailer was in charge of the towed the convoy will be considered as a single unit of transportation for the purposes of liability to third. If the direction of the maneuver was in charge of the tug the responsibility will fall on it.

Article 114 Actions resulting from the approach prescribed in four years from the date of the accident. In case of you have the right to repeat because of other people also responsible have been paid it shall prescribe after one year counting from the date of payment.

CHAPTER II breakdowns

Article 115 Damage means any injury or impairment suffered by the vessel in port or while browsing, or affecting to the load since it is shipped until landing at the destination as well as any extraordinary expenditure incurred during shipping to preserve the vessel cargo or both. Breakdowns are classified as: I. General Average is when you have made or contracted, intentionally and reasonably any sacrifice or special expenditure for the common safety for the purpose of preserving from peril the property involved a common risk for water navigation. The amount of the general average will be the responsibility of all stakeholders in the cruise, in proportion to the amount of their respective interests and II. Particular average or single whole that can not be considered common. Particular average are at the owner of the thing that suffers the damage or that makes the extraordinary expenditures without prejudice to any action for damages against third parties who may exercise.

Article 116 The acts and contributions in respect of general average unless otherwise agreed are subject to the customs international that are integrated into the York-Antwerp Rules vigentes.

Article 117 The sacrifices and extraordinary expenses for the common safety of the vessel shall be determined by the master and will only be allowed in general average those that are direct and immediate consequence of the general average act. When there has been a general average act the master should seat it in the official books of navigation, indicating the date time and place of the event, the reasons and motives for their decisions and actions taken on these facts. It is up to the captain, the owner or operator of the affected vessel, declare general average in the maritime authority and in case of dispute the application shall be made before the judge immediately after the occurrence of acts or events causing the failure. In the event of the failure of a port, which is be considered the first port of arrival. If the master, owner or operator does not declare general average anyone interested in it may ask the judge declaring its jurisdiction a petition may be made within six months from the day arrival at the first port of arrival after the event giving rise to the general average. Agreeing the parties to the declaration of general average shall proceed to appoint in agreement an adjuster to perform the corresponding settlement.

Article 118 When there has been a general average act the consignees of the goods to be contributing to it; are required before they are delivered to sign a fault and make a deposit in cash or grant security to the satisfaction of shipowner to respond to pay their fair share. in this commitment or guarantee the consignee can make all the reservations it deems useful. A lack of security deposit, the owner or operator has the right to retain the goods until either with the obligations under this article. The declaration of general average does not affect the particular actions that may have the shipping company or owners load.

Article 119 The actions resulting from the general average prescribe in one year counted from the date of arrival at the first port arrival after the event giving rise to the declaration of general average. When you have signed a pledge general average prescription operates the term of four years from the date of signature.

CHAPTER III Rescue

Article 120 Means any act salvage operation or activity undertaken to assist a vessel or attending or naval craft or to protect other property are in danger in navigable waters or in other ways. When carrying out a rescue operation it must be made known to the maritime authority in the first port of call within twenty four hours of arrival at this.

Article 121 The captains or crew of the vessels that are close to another boat or person danger, they are forced to lend aid and may only be excused from this obligation when doing so involves serious risk to your vessel crew, passengers, and their own lives. The owners and shipping will not be responsible for violations of this provision.

Article 122 The maritime authority determined rescue stations to be established on the coast and may authorize private individuals to establish them according to the procedures outlined in the respective regulations.

Article 123 The rescue and salvage vessels within the jurisdiction of the Harbor will be coordinated by the owner, who can use the items available in the port at the expense of the owner or operator.

Article 124 The Rescuer in addition to the maritime lien that applies to you you will have a lien on the vessel and property saved them until it is properly covered or guaranteed due reward for the salvage and interests.

Article 125 The entire rescue operation and the responsibilities and rights of the parties shall be governed by the International Convention on Salvage.

CHAPTER IV Subsidence and Removal

Article 126 When a vessel aircraft naval craft or cargo is found adrift in danger of sinking, sunken or stranded and according to the maritime authority constitute a hazard or obstruction to navigation, the operation port fishing or other activities related to maritime waterways or for the preservation of the environment it shall order the owner or operator to take appropriate measures at their expense to initiate measures immediately and complete within the period to be fixed, signage, removal, repair or buried if necessary where no harm port activities boating or fishing. Such requirement not met the maritime authority may remove or sink at the expense of the owner or operator.

Article 127 When the ships aircraft or naval craft sunk or beached are not present in the case provided for in previous article the owner or the person who acquired the right to remove remove or refletar they or their load will require authorization from the Ministry after complying with the requirements established in the regulations respective. The person authorized under the terms of the preceding paragraph shall have the period of one year from the date of incident to effect the same removal to be conducted in terms that the maritime authority.

Article 128 If the owner, operator or person who acquired the right to remove remove or relaunch an boat, aircraft or vessel or its cargo the maneuver did not conclude within the prescribed period the Secretary may abandoned them and will declare the domain of the nation. In this case, the maritime authority is authorized to proceed with the removal operation redemption or sale by auction. If the proceeds of the sale is not enough to cover all operating expenses the owner is obliged to pay to the Federal Government difference through the administrative enforcement proceedings document serving as evidence collection, the budget is made to that effect.

CHAPTER V derelict sea

Article 129 Means derelict vessels or naval artifacts found drifting in a state of no seaworthiness, its stores and cargo machinery, anchors, chains and abandoned fishing boats and the remains of aircraft and rolls or goods lost overboard and in general, all objects, including ancient origin for which the owner has lost possession they are found either floating or upstage the sea, in the territorial waters or any waters in which Mexico exercises sovereignty or jurisdiction.

Article 130 Maritime derelicts or shipwrecks in the waters where jurisdiction is exercised and presenting a archaeological, historical or cultural interest according to the law of matter, are the property of the Nation. Everyone he discovers a derelict seafront or a wreck is obliged to immediately notify the maritime authority and shall, within twenty-four hours of their arrival in port make detailed statement before that authority.

CHAPTER VI Liability

Article 131 The owner of a vessel the occurrence of a loss shall be liable for all damages attributable to it caused to others for the operation of that ship or the cargo spilled or discharged from the vessel as a result of claim and the measures taken to prevent or minimize such damage. All ships operating in the Mexican marine zones or inland must have insurance protection and indemnity liability.

Article 132 The owners or operators salvors charterers, shipowners and ship operators may limit their liability, reserves and in the manner and terms established by the Convention on Limitation of Liability for Maritime Claims the International Convention on Liability Civil Damages Caused by the Pollution of the Sea by Oil and others that Mexico is a party. In order to cover the additional compensation for damages caused by oil spills from tankers that exceed the limits of liability under the agreement referred to in paragraph previous owners shipping companies and cargo owners must certify a subscription voluntary agreement or compensation fund in accordance with the limits and terms established by the Convention International Convention on the Establishment of an International Fund for Compensation for Pollution Damage Hydrocarbons.

CHAPTER VII Maritime accident investigation

Article 133 The master of any vessel or in his absence the officer next in command, is required to take the minutes of protest of any accident or incident as well as any other extraordinary events related to navigation or maritime commerce, it shall be signed by those involved in it. In terms of approach, will be entitled to raise objection certificate masters and members of the crews of the vessels involved. When the vessel is foreign flagged the complainant may request that the consul of the country of the flag the boat is present during the proceedings that are practiced.

Article 134 The act of protest shall be filed with the port captain and is subject to the following rules : I. To be delivered within twenty-four hours after the arrival of the vessel or if applicable at the time that the event was produced denounced II. The claimant shall state the facts, acts or omissions subject of the complaint in detail and circumstantial ; III. Ex officio or at the request of the complainant, the maritime authority may require the statement to any person involved in the alleged facts or expert on them, and make inspections and send the practice surveys as may be appropriate to determine the circumstances in which the events occurred known probable causes the damage and the people responsible could be charged and IV. All performances will be recorded in an administrative act, which shall be signed by those involved in she and the harbor master.

Article 135 Performed actions referred to in the preceding article the file will be forwarded to the Secretariat, which shall: I. Review the record in order to determine if it is properly integrated and where appropriate provide that practice any other measures it deems necessary ; II. Issue an opinion founded and reasoned that establishes whether administrative offense committed and if in your opinion, the allegations could be considered a crime configurativos. Case of salvage the opinion also determine the amount of compensation, which shall be calculated in terms of the treaties international maritime rescue; III. Imposed if any appropriate administrative sanctions and, if deemed appropriate, the turnar actions to federal prosecution for the exercise of his or her work and IV. Move the file to the competent district court in the port of arrival with notice to the other authorities appropriate at the request of any of the parties if any of them does not agree with the opinion in question in the second paragraph of section II of this article.

PART SEVEN Sanctions
CHAPTER ONE general provisions

Article 136 For the imposition of sanctions under this Act and the filing of the administrative appeal review, subject to the provisions of the Federal Law of Administrative Procedure.

Article 137 For the purposes of this chapter, the general minimum wage means wage in the Federal Journal time of commission of the offense. Repeat offenders will apply fine twice the amounts stated in this chapter.

Article 138 Harbours in the territorial scope of its jurisdiction impose a fine of 50-1000 days salary : I. Shipping companies for not complying with the requirements of Article 17; II. Shipping companies and operators for lack of insurance referred to in Article 107 ; III. The captains and boaters not to bring on board the boat the original certificate registration referred to in Article 9, a;. IV. Masters of vessels, for not complying with the provisions of Article 117; V. The craft patterns for not complying with the provisions of Article 27; VI. Crew members who breach the provisions of Article 23; VII. The owner or operator to authorize or consent to the operation of the boat or vessel when the crew not verifying technical or practical ability and VIII. People who commit violations of law or regulations, not expressly provided for in this chapter. Means derelict vessels or naval artifacts found drifting in a state of no seaworthiness, its stores and cargo machinery, anchors, chains and abandoned fishing boats and the remains of aircraft and rolls or goods lost overboard and in general, all objects, including ancient origin for which the owner has lost possession they are found either floating or upstage the sea, in the territorial waters or any waters in which Mexico exercises sovereignty or jurisdiction.

Article 130 Maritime derelicts or shipwrecks in the waters where jurisdiction is exercised and presenting a archaeological, historical or cultural interest according to the law of matter, are the property of the Nation. Everyone he discovers a derelict seafront or a wreck is obliged to immediately notify the maritime authority and shall, within twenty-four hours of their arrival in port make detailed statement before that authority.

CHAPTER VI liability

Article 131 The owner of a vessel the occurrence of a loss shall be liable for all damages attributable to it caused to others for the operation of that ship or the cargo spilled or discharged from the vessel as a result of claim and the measures taken to prevent or minimize such damage. All ships operating in the Mexican marine zones or inland must have insurance protection and indemnity liability.

Article 132 The owners or operators salvors charterers, shipowners and ship operators may limit their liability, reserves and in the manner and terms established by the Convention on Limitation of Liability for Maritime Claims the International Convention on Liability Civil Damages Caused by the Pollution of the Sea by Oil and others that Mexico is a party. In order to cover the additional compensation for damages caused by oil spills from tankers that exceed the limits of liability under the agreement referred to in paragraph previous owners shipping companies and cargo owners must certify a subscription voluntary agreement or compensation fund in accordance with the limits and terms established by the Convention International Convention on the Establishment of an International Fund for Compensation for Pollution Damage Hydrocarbons. CHAPTER VII Maritime accident investigation

Article 133 The master of any vessel or in his absence the officer next in command, is required to take the minutes of protest of any accident or incident as well as any other extraordinary events related to navigation or maritime commerce, it shall be signed by those involved in it. In terms of approach, will be entitled to raise objection certificate masters and members of the crews of the vessels involved. When the vessel is foreign flagged the complainant may request that the consul of the country of the flag the boat is present during the proceedings that are practiced .

Article 134 The act of protest shall be filed with the port captain and is subject to the following rules : I. To be delivered within twenty-four hours after the arrival of the vessel or if applicable at the time that the event was produced denounced II. The claimant shall state the facts, acts or omissions subject of the complaint in detail and circumstantial ; III. Ex officio or at the request of the complainant, the maritime authority may require the statement to any person involved in the alleged facts or expert on them, and make inspections and send the practice surveys as may be appropriate to determine the circumstances in which the events occurred known probable causes the damage and the people responsible could be charged and IV. All performances will be recorded in an administrative act, which shall be signed by those involved in she and the harbor master.

Article 135 Performed actions referred to in the preceding article the file will be forwarded to the Secretariat, which shall: I. Review the record in order to determine if it is properly integrated and where appropriate provide that practice any other measures it deems necessary ; II. Issue an opinion founded and reasoned that establishes whether administrative offense committed and if in your opinion, the allegations could be considered a crime configurativos. Case of salvage the opinion also determine the amount of compensation, which shall be calculated in terms of the treaties international maritime rescue; III. Imposed if any appropriate administrative sanctions and, if deemed appropriate, the turnar actions to federal prosecution for the exercise of his or her work and IV. Move the file to the competent district court in the port of arrival with notice to the other authorities appropriate at the request of any of the parties if any of them does not agree with the opinion in question in the second paragraph of section II of this article.

PART SEVEN sanctions

CHAPTER ONE general provisions

Article 136 For the imposition of sanctions under this Act and the filing of the administrative appeal review, subject to the provisions of the Federal Law of Administrative Procedure.

Article 137 For the purposes of this chapter, the general minimum wage means wage in the Federal Journal time of commission of the offense. Repeat offenders will apply fine twice the amounts stated in this chapter.

Article 138 Harbours in the territorial scope of its jurisdiction impose a fine of 50-1000 days salary : I. Shipping companies for not complying with the requirements of Article 17; II. Shipping companies and operators for lack of insurance referred to in Article 107 ; III. The captains and boaters not to bring on board the boat the original certificate registration referred to in Article 9, a;. IV. Masters of vessels, for not complying with the provisions of Article 117; V. The craft patterns for not complying with the provisions of Article 27; VI. Crew members who breach the provisions of Article 23; VII. The owner or operator to authorize or consent to the operation of the boat or vessel when the crew not verifying technical or practical ability and VIII. People who commit violations of law or regulations, not expressly provided for in this chapter.

Article 139 The Secretariat shall be fined 1000-10000 days salary to: I. Is repealed. II. Shipping companies for not complying with the provisions of the third paragraph of Article 44; III. The owners of the vessels, for not complying with the provisions of the third paragraph of Article 30; IV. The captains and boaters by: a) Do not display the flag in Mexican waters ; b ) Lack of office output home port, vessels arriving in port and c ) Do not use the pilotage service or trailer, where compulsory. V. Marine dealers that without being subject to the requirements of the regulations, authorize the arrival or clearance boats and VI. The harbor pilots for violation of Article 50.

Article 140 The Secretariat shall be fined 10000-50000 days salary to: I. Owners of ships or shipping companies by: a) Carry out the dismantling in contravention of the provisions of Article 79; b ) No effect on the period set by the maritime authority signage removal or extraction vessels, aircraft or naval craft adrift, stranded or sunk ; c) provide the services referred to in Article 35 Section I, without permission of the Secretariat ; d ) Failure to comply with the provisions of Article 65; e) Not to have the insurance that the second paragraph of Article 131 and f ) flagging or register a vessel or vessel in another State, without first obtaining the resignation Mexican Flag. II. Natural or legal persons acting as shipping agent or operator without being registered in the Public Registry National Maritime III. Skippers of vessels by: a) Become the sea when bad weather or anticipation of it the maritime authority prohibiting exit ; b ) do not justify to the maritime authority unplanned or forced vessel arrivals and c ) Failure to comply with the obligation under Article 121 and IV. Grantee for breach of the provisions of Article 56. V. People who commit violations of law or regulations, not expressly provided for in this chapter. " TRANSIENT

Article One This law shall enter into force on the day following its publication in the Official Gazette.

Article Two Are repealed : I. The Law for the Development of Merchant Mexicana, published in the Official Gazette on 8 January 1981 as amended ; II. The Law on Special Provisions for Cargo Service Port and River Interior of the Republic published in the Official Gazette on February 2, 1929 and III. The Act grants the Merchant Marine published in the Official Gazette on 11 December 1930.

Article Three Are repealed: I. The Law of Navigation and Maritime Commerce except sections 222 to 232 and 234 to 250; II. Articles 1o. sections I to IV 169-305 543-545 and 547-554 of the Law on General Communications ; III. Articles 19 as the present law 21, XIII and XVI fractions opposes XVIII, 641-944 1043, Sections III V VII and VIII and 1044 of the Commercial Code and IV. All provisions contrary to the provisions of this law.

Article Four While they are not issued the regulations of this law will continue to apply to the current date as not oppose it.

Article Five The concessions permits and authorizations granted before the date of issue of this Act shall continue in force until the expiration of their term subject to the provisions of the Ports Act.

Article Six Applications for concessions, permits or authorizations which are in the process of entering into force pending the this Act shall be subject to rules and conditions laid down therein. Mexico D.F. to 18 of December 1993. - Dip. Cuauhtémoc López Sánchez President. -Sen. Eduardo RobledoRincón President. -Dip. Sergio Gonzalez Santa Cruz, Secretary. - Sen. Antonio Melgar Aranda, Secretary. - Headings. Pursuant to the provisions of Section I of Article 89 of the Constitution of the United States Mexicans, and for its due publication and observance, I issue this Decree at the residence of the Executive Branch Federal, in Mexico City Federal District on the twenty days of December 1990 and Three. - Carlos Salinas de Gortari -. Heading -. Secretary of the Interior, José Patrocinio González Blanco Garrido. - Heading.

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