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The Maritime Disciplinary Court of the Netherlands
The Maritime Disciplinary Court of the Netherlands (Tuchtcollege voor de Scheepvaart) was established on 1 January 2010; from that day it has taken over the disciplinary task from the Dutch Maritime Court (Raad voor de Scheepvaart). The Court has its offices in the Council's rooms in the Beurs van Berlage in Amsterdam, which is also where the public hearings take place.

Chairman and members
The Court operates mainly on the basis of Article 55 of the 'Wet zeevarenden' (Seafarers Act). It consists of a chairman, two deputies and 32 (deputy) members. These members have or used to have a position in the maritime sector. If you click on "Chairman and members" you will see a list of the persons who are currently on the board.

Subject to disciplinary jurisdiction in maritime shipping are ship's officers (captains, navigation officers, marine engineers, maritime officers and radio operators) of ships sailing under the Dutch flag.

Plaint and petition
The Disciplinary Court deals with cases on the basis of complaints, which can be submitted to the Court by interested parties by means of a plaint. Whether or not a complainant is justified to consider himself as an interested party will be decided by the court. Interested parties could be, for instance, crew members, ship owners and insurers. You can download a plaint form, including a separate guideline on how to complete it, by clicking on "plaint".

In addition, the Minister of Infrastructure and the Environment can bring a case before the Court by submitting a petition.

The criterion for whether or not a disciplinary measure will be pronounced is whether the the relevant ship's officer has acted (or has failed to act) in contravention of the care he should observe as a good seaman with regard to crew and passengers, the ship, the cargo, the environment or shipping.

Disciplinary Measures
The following disciplinary measures can be pronounced: a warning, a reprimand, a fine of no more than € 4,500, or a suspension of the shipping permit for a period of no more than two years.

Rulings
The decisions of the Disciplinary Court are published anonymously on this website. It can also be found in Dutch on www.tuchtcollegevoordescheepvaart.nl.

Procedure
When you click on "procedure"  you will find a concise summary of how the Maritime Disciplinary Court of the Netherlands operates. Here you will be offered the opportunity to download a document to see how the procedures of the Maritime Disciplinary Court of the Netherlands are regulated by law.

Recent agenda items:

2019 may 24

10:00

Hearing of case 2018.V13 Thamesborg

Concerning a collision between the Dutch vessel Thamesborg and an under the flag of Cypriot sailing cargo ship, sailing in an ice convoy in the Baltic Sea.
The person concerned: the captain
Members of the Court:
chairman: W. van der Velde
members: H. van der Laan and C. Kuiken
secretary: E.H.G. Kleingeld

2019 may 14

 

Publication Annual Report Maritime Disciplinary Court 2018

Download here the Annual Report of the Maritime Disciplinary Court of the Netherlands of 2018.

2019 april 05

10:00

Hearing of cases 2018.V10-Jan Senior en 2018.V11-Jan Senior

Concerning an incident with the Dutch vessel Jan Senior while NVWA inspectors were trying to board for an inspection.
The person concerned 2018.V10 the captain
The person concerned 2018.V11 the engineer
Members of the Court:
chairman:  J.M. van der Klooster
members: S. Kramer, P.L. van Slooten, H.J. IJpma en H. Schaap
secretary: E.H.G. Kleingeld