Following the Constitutional Court's annulment, maritime penalties have been legislated: 250,000 TL for insufficient crew, 8.25 million TL for inspections.
AFTER THE CONSTITUTIONAL COURT'S CANCELLATION, MARITIME PENALTIES HAVE BEEN TRANSFERRED TO LAW: 250 THOUSAND TL FOR MISSING CREW MEMBERS, 8.25 MILLION TL FOR ILLEGAL SURVEYING
The Law No. 7590, published in the Official Gazette dated July 31, 2026, has reorganized administrative monetary penalties in the maritime sector, ranging from crew members to agencies, private boats to ports, shipyards to ship recycling facilities. The new text is not merely a "penalty increase"; it represents the codification, updating, and expansion in certain areas of a previously significant regulatory-based sanction system following the Constitutional Court's decision.
The Law No. 7590, which amends certain laws and decrees, has initiated a new era in the administrative sanction regime within the maritime sector.
With Article 29 of the law, a new Article 28/A titled "Administrative Monetary Penalties" has been added to the Decree Law No. 655 on Certain Regulations Related to Transportation and Infrastructure. Article 30 has also introduced a new Article 28/B titled "Fees to be Deposited to the Revolving Fund Account." Both regulations came into effect on July 31, 2026.
Are all penalties newly introduced?
It is not accurate to evaluate all provisions of the new regulation as "penalties newly introduced to the maritime sector." Many of the important obligations regarding minimum safe equipment, alcohol limits, crew and agency discipline, technical conditions of private boats, Green Port, mooring logs, ship construction and repair, surveying activities, shipyard permits, and coastal facility obligations were already present in previous regulations.
The main change is that for the first time, the specific main actions to be penalized, who the penalties will apply to, and what the upper and lower limits will be have been collectively shown in a law accepted by the Grand National Assembly of Turkey (TBMM).
Indeed, while discussing the bill in the Planning and Budget Commission, one of the proposers, AK Party Samsun Deputy Ersan Aksu, explained the nature of the regulation by stating, "The figures from previous regulations have been adapted to a current format and organized as sanctions in our law." Aksu also noted that if no regulation was made, these penalties could not be applied after September 9, 2026.
For instance, certain penalties of 1,000 or 2,500 TL per meter for private boats were already present in the regulation dated January 17, 2026. The imposition of 5,000 TL for each hour a vessel stays at facilities that do not obtain a Green Port Certificate was also introduced by the regulation dated March 24, 2026. The new law elevated the hourly amount to a legal level and set a clear upper limit of 10 million TL annually per facility.
Penalties based on meters for ship construction and repair were also included in the regulation dated January 14, 2026. The new text places these within a legal range of 5,000 to 50,000 TL per meter while also directly including the facility owner, ship owner, classification organization, and control engineer among the liable parties.
Therefore, the emerging picture can be accurately described as "codification, updating, and partial recalibration."
250,000 TL for each missing crew member
One of the most striking provisions of the new regulation pertains to minimum safe equipment. If a vessel is not equipped with the number and qualifications of crew members specified in the minimum equipment certificate or relevant legislation, an administrative monetary penalty of 250,000 TL will be imposed for each missing crew member.
According to this regulation, a vessel with two missing crew members would face a penalty of 500,000 TL, while four deficiencies could lead to a penalty of 1 million TL. Although the minimum equipment obligation is not new, the fixed legal sanction of 250,000 TL for each missing personnel is one of the most significant outcomes of the new regime.
In the event of exceeding the alcohol limit specified in the law, a penalty of 50,000 TL will be imposed on the crew member. The limit in the text is expressed as "BAC 0.05% or 0.25 mg/ml." The alcohol limit was previously found in the Regulation on Seafarers and Pilot Captains; what is new is that the 50,000 TL monetary penalty for violations is explicitly stated in the law.
The professional inadequacies, indiscipline, negligence of duty, intentional misconduct, or behaviors contrary to maritime customs and practices of crew members and pilot captains will be examined by the Seafarers Disciplinary Commission. The Commission may impose administrative monetary penalties ranging from 5,000 to 50,000 TL based on the severity of the fault and the existence of negligence or intent.
Up to 1 million TL penalty for agencies
The professional inadequacies, indiscipline, and actions contrary to professional customs of ship agencies and agency personnel will be examined by the Ship Agencies Disciplinary Commission. Depending on the severity of the violation, penalties ranging from 20,000 to 200,000 TL may be applied.
Violations of the conditions for agency services, authorization, certification, professional competence, mandatory notification, declarations related to the ship, and the use of the authorization certificate will be penalized between 10,000 and 100,000 TL.
In cases of actions contrary to the service tariffs published by the Ministry of Trade for ship agency services, penalties will start from 100,000 TL and can go up to 1 million TL.
Surveillance, underwater surveys, and container weight
The penalty for violations of the rules regarding authorization, certification, professional training, competence, notification, and the use of the authorization certificate in maritime surveillance services is set between 15,000 and 150,000 TL.
Penalties ranging from 100,000 to 600,000 TL may be imposed on those who violate the rules regarding the measurement of plate thickness in ships and watercraft and underwater surveys conducted using cameras.
The determination of the verified gross weight of full containers to be transported by sea, measurement, record-keeping, and violations of the conditions for loading the container onto the ship will be penalized between 30,000 and 120,000 TL.
Companies and trainers providing training in hazardous cargo and loading safety that do not comply with the requirements for authorization, competence, training curriculum, materials, attendance, and notification will face penalties ranging from 10,000 to 30,000 TL.
Additional penalties for the captain in inland waters
For vessels and watercraft operating in lakes, dam lakes, deltas, and rivers, penalties ranging from 25,000 to 100,000 TL are foreseen for violations of minimum crew, cargo safety, technical conditions, and certification rules. Additionally, one-third of the penalty imposed on the vessel will also be applied to the captain in charge.
In cases of transporting hazardous cargo in inland waters without taking necessary safety precautions or using vessels with passengers on board, penalties will range from 5,000 to 50,000 TL.
Meter-based calculation for private boats
For private boats with a hull length between 2.5 meters and 24 meters, as well as private yachts exceeding 24 meters that fall under the definition in the law, penalties will be imposed per meter ranging from 1,000 to 2,500 TL for violations of the Ministry's rules regarding technical conditions and the qualifications of those who will use them.
For marine tourism vessels other than cruise ships that do not obtain a navigation permit, conduct entry or exit without completing maritime border gate procedures, or fail to notify changes in the navigation permit, meter-based penalties will also apply. The penalty will be calculated as 100 TL per meter for vessels under 10 meters, 500 TL for vessels between 10-25 meters, and 1,000 TL for vessels 25 meters and above.
For violations of mooring log registration, valid licensing, notification of changes, marking of name and mooring port, presentation of the license, or the obligation to fly the Turkish flag, penalties ranging from 5,000 to 50,000 TL will be imposed on the owner or operator.
In cases where there is no valid mooring log license, in addition to the main penalty, an additional penalty of 1,000 to 10,000 TL will be applied for each month of delay from the date the license should have been issued or renewed. Delays of less than one month will be rounded up to one month.
Regular lines, ISPS, and Green Port
Penalties ranging from 10,000 to 100,000 TL will be applied for violations of rules regarding route permits, mandatory notifications, transfer of passenger and vehicle information, and technical requirements of ships by businesses operating regular services. In cases where penalties should be calculated based on tonnage, the penalty will be between 60 and 200 TL per gross ton of the vessel.
For ships and coastal facilities that violate the provisions of the ISPS Code under SOLAS Chapter XI-2, penalties ranging from 100,000 to 500,000 TL are foreseen.
Authorized organizations that conduct the certification of Turkish-flagged vessels and recognized security organizations that violate the requirements for authorization, personnel, office, quality management, and notification may be penalized between 250,000 and 500,000 TL.
Coastal facilities that are required to obtain a Green Port Certificate but do not apply, have their applications rejected, or do not have an exemption certificate will be fined 5,000 TL for each hour that each vessel remains at the facility. Periods shorter than one hour will be rounded up to one hour. The total penalty that can be applied to a coastal facility in a calendar year will not exceed 10 million TL.
8 million 250 thousand TL for unauthorized surveying
Shipyards, boat manufacturing, and slipway operators that violate rules regarding permits, technical qualifications, personnel, and notification or conduct activities outside the scope of their permits will face penalties ranging from 60,000 to 600,000 TL.
Shipyards, boat manufacturing, or slipway operators working without any permit will be fined between 165,000 and 950,000 TL. The penalty for unauthorized or out-of-permit activities in ship recycling facilities can reach from 100,000 TL to 1 million TL.
One of the highest maritime penalties in the law has been introduced for surveying activities. For activities conducted in violation of maritime and inland water surveying permits, authorization, personnel qualifications, notification, and safety rules, administrative monetary penalties ranging from 850,000 TL to 8 million 250 thousand TL may be imposed.
50,000 TL per meter for unauthorized construction and repair
In the construction, repair, maintenance, and overhaul of ships and watercraft, if the standards, inspection, certification, and documentation requirements are violated, penalties ranging from 20,000 to 200,000 TL and/or penalties ranging from 500 to 5,000 TL per meter of the vessel's full length may be imposed on the facility owner, ship owner, or control engineer.
Classification or authorized classification organizations found at fault in this context will face penalties ranging from 50,000 to 250,000 TL.
For ships found to be operating without construction or repair permits or determined to be operating outside of authorized facilities despite obtaining permission, penalties ranging from 5,000 to 50,000 TL per meter may be imposed on the facility owner, ship owner, classification organization, and control engineer.
Those conducting gas measurements and certifications that do not comply with the requirements will face penalties ranging from 6,500 to 65,000 TL; gas measurement specialists who fail to fulfill their duties and responsibilities will be penalized between 65,000 and 130,000 TL.
Unauthorized activities in ports, docks, berthing places, fishing shelters, marinas, pipelines, and buoy or platform systems, as well as violations of berthing, loading-unloading, passenger processing, service, and emergency response obligations will be penalized between 30,000 and 150,000 TL.
In cases of violations of protective coating rules in antifouling systems, ballast tanks, double hull areas, and cargo tanks, penalties ranging from 120,000 to 590,000 TL may be imposed on the facility owner, authorized organization, or paint inspector; for the ship owner, penalties may reach up to 2,500 TL per meter.
Transport organizers arranging transportation between Turkish ports with foreign-flagged vessels will also face penalties ranging from 40,000 to 800,000 TL.
Those who do not provide requested information or documents during inspections, do not allow inspection of the ship, vehicle, facility, or operation, or obstruct the inspection will face penalties ranging from 50,000 to 500,000 TL. The Ministry may request financial documents, including electronic invoices, from real and legal persons.
Why did the Constitutional Court cancel the old system?
The origin of the regulation lies in the Constitutional Court's decision dated July 22, 2025, E.2024/54, K.2025/163.
The former Article 28 of Decree Law No. 655 granted the General Directorate of Shipyards and Coastal Structures the authority to impose administrative monetary penalties up to 1 million TL; the General Directorate of Transportation Services and the General Directorate of Maritime Affairs were authorized to impose penalties up to 5 million TL.
However, the law did not specify which actions in which Ministry's regulations would be penalized; the specific amounts of penalties to be applied for violations were largely left to regulations and the discretion of the administration.
The Constitutional Court did not find it sufficient to merely show a general upper limit. It determined that it was unclear which administrative regulations would be subject to sanctions, that the penalized actions were not sufficiently defined in the law, and that there were no objective criteria to limit the discretion of the administration. Therefore, it found the system to be contrary to Article 2 of the Constitution, which regulates the rule of law and legal certainty, and Article 38, which regulates the legality of crimes and penalties.
Due to the legal vacuum that would arise from the cancellation, the Constitutional Court postponed the enforcement of the decision for nine months. The cancellation decision published on December 9, 2025, was to come into effect on September 9, 2026. The new law came into effect on July 31, establishing a new sanction framework before this date.
The important legal nuance here is this: The Constitutional Court did not cancel the regulation simply because it was included in Decree Law No. 655. The Court accepted that the examined rule carried a "formal legal provision." Moreover, the form that was canceled had been amended by Law No. 7491 by the TBMM in 2023. The issue was not in the name of the norm but in the insufficient clarity of the penalized actions and penalty amounts determined by the legislative body.
The Constitutional Court did not order the TBMM to reintroduce the same penalties and amounts. However, if the administration wanted to maintain the existing penalty system, it had to regulate the fundamental elements of the penalties in law before the cancellation took effect on September 9. Therefore, Law No. 7590 was prepared.
The same constitutional article is not applied in tax and monetary penalties
It is necessary to distinguish between administrative monetary penalties and the document and service fees collected by the Ministry.
The fundamental constitutional basis for administrative monetary penalties is found in Article 38 of the Constitution, which states, "Penalties and security measures that replace penalties can only be imposed by law." The Constitutional Court has accepted that the principle of legality concerning judicial penalties can be applied more flexibly in terms of administrative monetary penalties, but it seeks to find the basic framework of the penalized main action and the sanction in the law.
The principle of the rule of law and legal certainty in Article 2 of the Constitution also requires that individuals can foresee in advance what consequences their actions will have.
For tax, duties, fees, and similar financial obligations, however, Article 73 of the Constitution comes into play. An administrative monetary penalty is not technically a tax or fee. Therefore, saying "all monetary penalties are imposed by law pursuant to Article 73 of the Constitution" would be incomplete. The main basis for monetary penalties is Article 38; for fees that are of the nature of taxes and duties, it is Article 73.
Documents, surveys, and service fees have also been transferred to law
With Article 30 of the law, the newly added Article 28/B regulates the document and service fees collected by the Ministry separately from administrative monetary penalties.
The fees for authorization certificates, operating and working licenses, licenses, concessions, allocations, registrations, permits, and safety certificates; vehicle documents, transit documents, seaworthiness and roadworthiness certificates, noise certificates, and professional competence certificates will now be deposited into the Ministry's revolving fund account.
Fees for technical tests, inspections, reports, research and development, underwater surveying, ship surveys and inspections, emergency interventions related to maritime safety, consultancy, training, courses, and seminars are also included in the same scope. However, Article 28/B does not specify the concrete tariffs or fee amounts for these services; it regulates the legal basis for collection and the account to which it will be transferred.
This change is backed by a second Constitutional Court decision. In the Constitutional Court's decision dated January 15, 2026, E.2025/167, K.2026/13, the fees for documents and licenses regulated by Presidential Decree were considered "duties," while the fees collected for technical tests, inspections, and reports were classified as "fees" of public revenue.
The Court ruled that these financial obligations, which fall under Article 73 of the Constitution, cannot be regulated by Presidential Decree according to the 17th paragraph of Article 104 of the Constitution. The enforcement of this cancellation was also postponed for nine months, leaving it until January 3, 2027. The new Article 28/B established the legal basis for collection before this date.
The difference between Decree Law, Presidential Decree, and law
The fact that the text of No. 655 still bears the name "Decree Law" can create confusion at first glance. However, the legal source of Articles 28/A and 28/B is not an executive action but Law No. 7590 accepted by the TBMM.
Decree Laws issued before the 2017 constitutional amendment were regulations issued by the executive but had the force of law. Decree Law No. 655 was also issued during this period in 2011 and has continued to remain in effect.
Today's ordinary period Presidential Decrees are not technically "laws." The President can issue them in areas related to executive authority; fundamental rights, political rights, and matters expressly left to law by the Constitution cannot be regulated by Presidential Decree. If a law conflicts with a Presidential Decree, the law prevails; when the TBMM enacts a law on the same subject, the relevant provision of the Presidential Decree becomes null and void.
This file also illustrates why the boundary between law and Presidential Decree has frequently been brought to constitutional review in practice since 2017. However, the Constitution is not entirely silent on this matter: Articles 38, 73, and 104 provide the fundamental framework regarding penalties, financial obligations, and the limits of Presidential Decree authority. The issue becomes more pronounced in the complex chain of references and authorities established between old Decree
Source: SeaNews Türkiye
