Asked in Admiralty / Maritime

Q: hello, this is a Maritime Law question. I had to arrive by emergency to a mexican port.

so, as I’ve read they are obliged to help me.

I’ve been here for the 72hrs the International Maritime law allows me. but they want to charge me for occupiing a berth during this time.

am I ment to pay? isn’t it an emergency, so it should be free?

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2 Lawyer Answers
James L. Arrasmith
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Answered

A: Under international maritime law, ports are indeed obligated to provide assistance to vessels in distress, including allowing them to dock in case of emergency. This principle is rooted in the safety and welfare of the crew and the vessel. However, the provision of emergency harbor does not automatically exempt the vessel from all associated costs.

While the initial emergency assistance, such as permitting entry and providing a berth, is typically offered without immediate cost, the port may charge for the continued use of facilities or for services rendered beyond the emergency period. The 72-hour duration you mentioned is not a definitive rule under international law but more of a general guideline for emergency shelter.

It's important to review the specific laws and regulations of the Mexican port in question. The charges might be standard for any vessel occupying a berth beyond a certain period, regardless of the reason for docking.

If you believe that the charges are unfair or not in line with the port's regulations, it may be beneficial to seek legal advice. A lawyer with expertise in maritime law, especially with experience in international and Mexican maritime regulations, can provide guidance and help in negotiating or disputing the charges.

Remember, maritime law can be complex and varies by jurisdiction. A thorough understanding of the relevant laws and regulations is crucial in resolving issues like this effectively.

Adam W. Bell
Adam W. Bell
Answered

A: A port must offer assistance to a ship in danger/distress. It is not obliged to offer any services for free.

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