The Spanish State at sea

The lesson in plain words

1. Three grades
   • Offences are minor, serious or very serious (RDL 2/2011, art. 305).
   • RDL 2/2011 is the Ports and Merchant Marine Act, a Real Decreto Legislativo, which is a decree with the force of law.
2. Traffic offences
   • Serious traffic offences include breaking the rules on using the national flag (RDL 2/2011, art. 307.3.a), ignoring Capitanía Marítima instructions on manoeuvres and navigation (RDL 2/2011, art. 307.3.e) and breaking the rules on ship clearance (RDL 2/2011, art. 307.3.g).
   • Giving false information that must be supplied to the maritime administration is very serious (RDL 2/2011, art. 308.3.e).
   • The highest fine is €120,000 if serious and €300,000 if very serious (RDL 2/2011, art. 312).
3. Serious safety offences
   • Offences against maritime safety carry higher maximum fines: up to €180,000 if serious (RDL 2/2011, art. 312.2.b).
   • Examples are going beyond the limits of a professional or recreational title, or letting someone without enough title act as master or skipper (RDL 2/2011, art. 307.2.h); a crew member acting while impaired by alcohol or drugs (RDL 2/2011, art. 307.2.d); and not reporting a maritime accident or incident (RDL 2/2011, art. 307.2.n).
4. Very serious safety offences
   • The fine reaches €901,000 (RDL 2/2011, art. 312.3.b).
   • Examples are a master or skipper acting while impaired by alcohol or drugs (RDL 2/2011, art. 308.2.i), and a master or crew member who does not give help, or refuses it, when it is requested or seems to be needed (RDL 2/2011, art. 308.2.j).
5. Losing the title
   • For serious or very serious safety offences, the authority may also suspend the título profesional, the professional title: up to one year if serious, one to five years if very serious (RDL 2/2011, art. 312.10).
   • That article names only the professional title.
6. Holding a ship
   • RDL 2/2011, art. 320 gives three routes.
   • First, the Capitán Marítimo can order it at once, but only to secure the pollution-damage obligations in RDL 2/2011, art. 310.2.d.
   • Second, during proceedings for a serious or very serious offence, the body with the power to punish can order it and must give reasons.
   • In both cases a sufficient guarantee can replace the holding.
   • Third, exceptionally, when retention must take effect at once as a precaution, the Director of the Port Authority may impose it.

Key data

Key points

• Traffic caps: €120,000 serious, €300,000 very serious.
• Safety caps: €180,000 serious, €901,000 very serious.
• Ignoring Capitanía instructions (art. 307.3.e of RDL 2/2011) is a serious traffic offence.
• Failing to give help that is requested or seems needed is a very serious safety offence.
• RDL 2/2011, art. 320: Capitán Marítimo, punishing body, or exceptionally the Port Authority Director.

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Practice case & exam keys

Exam keys

1. 1Grades of offence: RDL 2/2011, art. 305. Serious traffic offences: RDL 2/2011, art. 307.3.
2. 2Serious safety offences: RDL 2/2011, art. 307.2. Very serious: RDL 2/2011, art. 308.2.
3. 3Caps: RDL 2/2011, art. 312; title suspension in art. 312.10.
4. 4Retention of ships, three routes: RDL 2/2011, art. 320.