According to a circular issued by our Mexican correspondent, P&I Services Mexico, the Mexican Law of Navigation and Maritime Commerce (LNCM) imposes a clear legal obligation on Masters to formally document and notify maritime accidents, incidents, and other extraordinary events through a Letter of Protest.
Compliance with these requirements is critical to safeguarding the vessel’s administrative and legal position in Mexico.
Article 184 of the LNCM establishes a strict deadline for filing a Letter of Protest with the local Harbor Master within 24 hours of the vessel’s arrival at port or of the event itself. Failure to comply with this deadline may prejudice the vessel’s legal position, particularly if matters escalate before administrative or judicial authorities.
Under Article 182, a formal Letter of Protest is required for any “extraordinary event,” including but not limited to:
- Collisions (with other vessels or fixed objects)
- Forced or emergency arrivals
- Maritime incidents such as groundings, fires, shipwrecks or strandings
- General average incidents
- Pollution incidents
- Force majeure events, including heavy weather and forced deviations
- Incidents during cargo operations (strongly recommended)
The Letter of Protest must be a detailed and factual description of the circumstances and is raised before the Harbor Master’s Office on behalf of the Navy Secretariat. The Master (or the next ranking officer, if unavailable) is legally obliged to issue the Protest and must instruct the port agent to submit it.
Members are advised to seek prompt assistance whenever an incident occurs in Mexican waters which is subject to one of the above incidents for the purpose of issuing a formal letter of protest in order to ensure that this is aligned with the LNCM.
For any questions or assistance, we invite members to contact the NNPC claims team at claims@nnpc-marine.com.
