Maritime Legislation Detailed Notes

MARITIME LEGISLATION INDEX
MARITIME LEGISLATION
(Prepared by Rohan D’souza)
Sr. No CONTENTS Page No.

1. UNCLOS 01-13
2. Tonnage Convention 14-17
3. Load Line Convention 18-27
4. FAL Convention 28-33
5. STCW Convention 34-41
6. Maritime Labour Convention (MLC) 42-60
7. Ballast Water Convention 61-66
8. AFS Convention 67-68
9. Nairobi Wreck Convention 69-74
10. Intervention Convention 75-76
11. OPRC Convention 77-78
12. SUA Convention 79-81
13. Athens / PAL Convention 82-83
14. LLMC Convention 84-86
15. OPA-90 & VRP 87-90
16. NPDES & VGP 91-94
17. Particularly Sensitive Sea Areas (PSSA) 95-96
18. Flag State Control & Port State Control 97-102
19. Classification Societies 103-112
20. International Health Regulations 113-117
21. HSSC, ESP, CAS and CAP 118-125
22. Special Trade Passenger Ships 126-128
23. COGSA 129-129
24. MARPOL 73/78 130-154
25. SOLAS (Q & A) 155-171
26. Merchant Shipping Act, 1958 (Q & A) 172-203
27. MISC-1 (Q & A) (Insurance, Salvage, POR) 204-214
28. MISC-2 (Q & A) (B/L, C/P, Hague, Cargo Docs, etc.) 215-232
COMPILED BY: ROHAN D’SOUZA (i)

MARITIME LAW UNCLOS
UNCLOS
Introduction:
 The United Nations Convention on the Law of the Sea (UNCLOS), also called
the Law of the Sea Convention or the Law of the Sea treaty, is the
international agreement that resulted from the third United Nations
Conference on the Law of the Sea (UNCLOS III).
 The Law of the Sea Convention defines the rights and responsibilities of
nations with respect to their use of the world's oceans, establishing
guidelines for businesses, the environment, and the management of
marine natural resources. The Convention started in 1973 and concluded in
1982, replacing four older treaties.
 UNCLOS came into force in 1994; a year after Guyana became the 60th
nation to ratify the treaty.
A. UNCLOS I – The first Conference of the UN on the Law of the Sea, held
at Geneva, Switzerland, in 1956, resulted in four treaties, which
concluded in 1958.
B. UNCLOS II –The second Conference of the UN on the Law of the Sea,

held at Geneva, Switzerland, in 1960, lasted six-week but did not result in
any new agreements. The developing nations and third world countries
participated only as clients, allies, or dependents of the United States or
the Soviet Union, with no significant voice of their own.
C. UNCLOS III – In 1973, the Third UN Conference on the Law of the Sea was
held in New York. With more than 160 nations participating, the
conference lasted until 1982. The resulting convention came into force in
1994, one year after the 60th state, Guyana, ratified the treaty. The
convention introduced a number of provisions. The most significant
issues covered were setting limits, navigation, archipelagic status and
transit regimes, exclusive economic zones (EEZs), continental shelf
jurisdiction, deep seabed mining, the exploitation regime, protection of
the marine environment, scientific research, and settlement of disputes.
The provisions are discussed in details below.
COMPILED BY: ROHAN D’SOUZA 1
Page 1 of 233
MARITIME LAW UNCLOS
 UNCLOS has divided the various areas of the world’s seas into Zones of
jurisdiction. These are:
A. Internal Waters
B. Territorial Waters
C. Archipelagic Waters
D. Contiguous Zones
E. Fisheries Limit
F. Continental Shelf
G. Exclusive Economic Zone (EEZ)
H. High Seas
 UNCLOS decides the Coastal State’s jurisdiction in the waters mentioned

above. None of the above zones are obligatory and each Coastal State has
options to adopt them or not, subject to a maximum limit.
 The Coastal State cannot impose its sovereignty in most of the zones, as it
has limited rights.
BASELINE AND INTERNAL WATERS
 Normal baseline - Except where otherwise provided in the Convention, the

normal baseline for measuring the breadth of the territorial sea is the low-
water line along the coast as marked on large-scale charts officially
recognized by the coastal State.
 Straight Baseline - In localities where the coastline is deeply indented and

cut into, or if there is a fringe of islands along the coast in its immediate
vicinity, the method of straight baselines joining appropriate points may be
employed in drawing the baseline from which the breadth of the territorial
sea is measured.
 Internal Waters – It is the waters on the landward side of the baseline. In

other words, it is the waters between the shoreline and the baseline from
which the territorial sea is measured. Wherever the use of straight baseline
has the effect of enclosing as internal waters which was previously not, a
right of innocent passage shall exist in those waters.
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MARITIME LAW UNCLOS
TERRITORIAL SEA AND CONTIGUOUS ZONE

 Territorial Sea - Every State has the right to establish the breadth of its
territorial sea up to a limit not exceeding 12 nautical miles, measured from
baselines determined in accordance with the Convention. It is a part of the
territory of the Coastal State but it differs from the internal waters. Foreign
flag vessels have a right of innocent passage through it. This right can be
suspended for security reasons like weapon exercise. Under such
conditions, navigation warnings must be transmitted and this can only be
temporary.
 Contiguous Zone - It is a zone which is contiguous with the territorial sea
and which may not extend beyond 24 nautical miles from the baselines from
which the breadth of the territorial sea is measured. In a contiguous zone,
the coastal State may exercise the control necessary to:
a) Prevent violation of its customs, immigration, fiscal (monetary) or
sanitary laws and regulations within its territory or territorial sea;
b) Punish violation of the above laws and regulations committed within its
territory or territorial sea.
EXCLUSIVE ECONOMIC ZONE

 It is an area beyond and adjacent to the territorial sea, the breadth of which
shall not extend beyond 200 nautical miles from the baselines from which
the breadth of the territorial sea is measured.
 In the EEZ, the coastal State has sovereign rights for the purpose of
exploring and exploiting, conserving and managing the natural resources,
living or non-living, of the waters of the seabed and its subsoil, and with
regard to other activities for the economic exploitation and exploration of
the zone, such as production of energy from the water, currents and winds.
 The Coastal State also has the right to establish and use artificial islands,
installations and structures, marine scientific research and protection and
preservation of the marine environment.
 In simple terms, the Coastal State has the sole right to exploit the natural
resources within its EEZ. Increasing disputes over fishing rights and oil
reserves were the main reasons for introducing the EEZ in UNCLOS.
 Navigation in EEZ is free as on ‘high seas’ however it may be restricted near
offshore installations. If no EEZ has been declared, then ‘high seas’ start
where the territorial sea ends.
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MARITIME LAW UNCLOS
CONTINENTAL SHELF
 The Continental Shelf of a coastal State comprises the seabed and subsoil
of the submarine areas that extend beyond its territorial sea throughout the
natural prolongation of its land territory to the outer edge of the
continental margin, or to a distance of 200 NM from the baselines from
which the breadth of the territorial sea is measured, where the outer edge
of the continental margin does not extend up to that distance.
 The Continental margin comprises the submerged prolongation of the land
mass of the coastal State and consists of the seabed and subsoil of the
shelf, the slope and the rise. It does not include the deep water floor with its
oceanic ridges or the subsoil thereof.
 Continental Shelf may extend well beyond 200 NM from the base line upto a
maximum of 350 NM as it depends on the topography and depth of the
ocean bed in that area.
 It does not form a territory of the coastal State. It is a resource zone where
the coastal State may use it for natural resources like mineral oil.
 The Coastal State can build and maintain / operate artificial islands or oil rigs
for exploration of this zone. It will exercise exclusive jurisdiction over
customs, financial, health, safety and immigration laws over these artificial
islands.
 Safety zones of not more than 500m around the installations will be marked
for safety of navigation around these installations.
ARCHIPELAGIC WATERS
 These are waters which have been given special status by UNCLOS due to
their natural resources, but this status is only applicable for ‘mid-ocean’
states, having one or more archipelago. E.g. Figi, Lakshwadeep, etc.
 ‘Archipelagic State’ means a State constituted wholly by one or more
archipelagos and may include other islands. ‘Archipelago’ means a group of
islands, including parts of islands, interconnecting waters and other natural
features which are so closely interrelated they form an intrinsic
geographical, economic and political entity.
 They are considered same as the territorial sea of a nation with respect to
power of the Coastal State. But the coastal State has additional duties
regarding access to fishing grounds and other legal activities, like laying,
maintenance of submarine cables.
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MARITIME LAW UNCLOS
 To include the natural flora and fauna in these waters, the baseline may be
extended thus including the internal waters of the archipelago state.
 Foreign flag vessels have right to innocent passage through archipelagic
waters.
FISHERIES ZONES
 The traditional fisheries zone called the ‘Inland fishery zone’ can extend
upto 12 NM from the baseline. However, as per UNCLOS, this can extend
upto 200 NM in which a coastal State may exercise exclusive fishing rights
(EFZ – Extended Fishing Zone) Vessels entering the Extended Fishing zone
must observe local fishing regulations in force.
RIGHT TO INNOCENT PASSAGE:

 Under UNCLOS, ships of all States, whether coastal or land-locked, enjoy the
right of innocent passage through the territorial sea.
 Passage means navigation through the territorial sea for the purpose of:
a) Traversing that sea without entering internal waters or calling at a
roadstead or port facility outside internal waters; or
b) Proceeding to or from internal waters or a call at such roadstead or port
facility.
Passage shall be continuous and expeditious. However, passage includes
stopping and anchoring, required for ordinary navigation or necessary by
force majeure (emergency) or distress or for the purpose of rendering
assistance to persons, ships or aircraft in danger or distress.
 Innocent Passage is the passage that is not prejudicial (harmful) to the
peace, good order or security of the coastal State. Such passage shall take
place in conformity with the Convention and with other rules of
international law. Passage of a foreign ship shall be considered to be
prejudicial to the peace, good order or security of the coastal State if, in the
territorial sea, it engages in any of the following activities:
1. any threat or use of force against the sovereignty, territorial integrity or
political independence of the coastal State.
2. any exercise or practice with weapons of any kind
3. any act aimed at collecting information to the prejudice of the defense or
security of the coastal State
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MARITIME LAW UNCLOS
4. any act of propaganda aimed at affecting the defense or security of the

coastal State
5. the launching, landing or taking on board of any aircraft
6. the launching, landing or taking on board of any military device
7. the loading or unloading of any commodity, currency or person contrary
to the customs, fiscal, immigration or sanitary laws and regulations of
the coastal State;
8. any act of willful and serious pollution contrary to the Convention
9. any fishing activities
10. carrying out of research or survey activities
11. any act aimed at interfering with any systems of communication or any
other facilities or installations of the coastal State
12. any other activity not having a direct bearing on passage.
(NOTE: In the territorial sea, submarines and other underwater vehicles are
required to navigate on the surface and to show their flag.)
Laws and regulations of the coastal State relating to innocent passage

 The coastal State may adopt laws and regulations, in conformity with the
provisions of the Convention and other rules of international law, relating to
innocent passage through the territorial sea, in respect of all or any of the
following:
1. The safety of navigation and the regulation of maritime traffic;
2. The protection of navigational aids and other facilities or installations
3. The protection of cables and pipelines;
4. The conservation of the living resources of the sea
5. The prevention of violation of the fisheries laws and regulations
6. The preservation of environment and prevention & control of pollution
7. Marine scientific research and hydrographic surveys
8. The prevention of violation of the customs, fiscal, immigration or sanitary
laws and regulations of the coastal State.
 Such laws and regulations shall not apply to the design, construction,
manning or equipment of foreign ships.
 The coastal State shall give due publicity to all such laws and regulations.
 Foreign ships exercising the right of innocent passage through the territorial
sea shall comply with all such laws and regulations and all generally
accepted international regulations relating to prevention of collisions at sea.
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MARITIME LAW UNCLOS
Duties of the Coastal State –

1. The coastal State shall not hamper the innocent passage of a foreign flag
ship in its territorial waters.
2. The coastal State shall not impose any requirements on foreign flag ships
which have a practical effect of denying or impairing the right of innocent
passage.
3. The coastal State shall not discriminate against the ships of any particular
State or against ships carrying particular cargoes to or from any State.
4. The coastal State shall broadcast information on any danger to navigation,
of which it is aware, within its territorial sea.
Rights of the Coastal State –

 The coastal State may, where necessary, require foreign ships exercising the
right of innocent passage through its territorial sea to use designated sea
lanes and traffic separation schemes. In particular, tankers and nuclear ships
may be required to confine their passage to such sea lanes. Such sea lanes
and traffic separation schemes must be clearly indicated on the charts.
 The coastal State may take the necessary steps in its territorial sea to
prevent passage which is not innocent or to prevent any breach of laws and
regulations of the Coastal State.
 The coastal State may suspend temporarily in specified areas of its territorial
sea, the innocent passage of foreign ships, if such suspension is essential for
the protection of its security, including weapons exercises. Such suspension
shall take effect only after having been duly published.
INTERNATIONAL STRAITS & RIGHT OF TRANSIT PASSAGE

 The international straits are those narrow waterways which are used for
international navigation between one part of the high seas or an EEZ and
another part of the high seas or an EEZ.
 All ships and aircrafts enjoy the right of transit passage through the
international straits, which shall not be impeded subject to the conditions
provided in the Convention.
 Transit passage is the exercise of the freedom of navigation and over-flight
solely for the purpose of continuous and expeditious transit of the strait
between one part of the high seas or an EEZ to another part of the high seas
or an EEZ.
Page 7 of 233
MARITIME LAW UNCLOS
 The requirement of continuous and expeditious transit does not exclude

ships entering, leaving or returning from a State along the border of the
strait.
 Ships while exercising the right of transit passage, shall:
1. Proceed through the strait without delay
2. Not use any threat or force against the sovereignty, territorial integrity
or political independence of States bordering the strait
3. Not indulge in any activities other than those needed for their normal
modes of continuous and expeditious transit unless rendered necessary
by force majeure (emergency) or by distress
4. Comply with other relevant provisions of the UNCLOS.
5. Comply with generally accepted international regulations, procedures
and practices for safety at sea, including the International Regulations
for Preventing Collisions at Sea
6. Comply with generally accepted international regulations, procedures
and practices for prevention, reduction & control of pollution from ships.
(NOTE: During transit passage, foreign ships, including marine scientific research
and hydrographic survey ships, may not carry out any research or survey activities
without the prior authorization of the States bordering straits.)
Duties of States bordering straits:

1. Not hamper the transit passage of a ship
2. Broadcast information on any danger to navigation or over-flight within or
over the strait of which they are aware of.
3. There shall be no suspension of transit passage.
4. Where required for safe navigation and safe passage of ships, designate sea
lanes and traffic separation schemes in the straits. This must be clearly
indicated on the charts to which due publicity shall be given.
HIGH SEAS & FREEDOM OF THE HIGH SEAS

 Under UNCLOS, ‘high seas’ refers to all parts of the sea that are not
included in the exclusive economic zone, territorial sea or in the internal
waters of a State, or in the archipelagic waters of an archipelagic State.
 The Convention declares the high seas open to all States, whether coastal or
land-locked.
Page 8 of 233
MARITIME LAW UNCLOS
 Freedom of the high seas can be exercised under the conditions laid down
by the Convention and by other rules of international law. The freedom of
the high seas comprises of –
1. Freedom of navigation
2. Freedom of over-flight
3. Freedom to lay submarine cables and pipelines
4. Freedom of fishing
5. Freedom of scientific research
6. Freedom to construct artificial islands and other installations
 The above listed are subject to conditions of the relevant parts of the
Convention and other international law.
RIGHT TO HOT PURSUIT

 The hot pursuit of a foreign ship may be undertaken when the competent
authorities of the coastal State have good reason to believe that the ship
has violated the laws and regulations of that State.
 Such pursuit must be commenced when the foreign ship or one of its boats
is within the internal waters, the archipelagic waters, the territorial sea or
the contiguous zone of the pursuing State, and may only be continued
outside the territorial sea or the contiguous zone if the pursuit has not been
interrupted.
 It is not necessary that, at the time when the foreign ship within the
territorial sea or the contiguous zone receives the order to stop, the ship
giving the order should likewise be within the territorial sea or the
contiguous zone.
 If the foreign ship is within a contiguous zone, the pursuit may only be
undertaken if there has been a violation of the rights, for the protection of
which, the zone was established.
 The right of hot pursuit shall apply to violations in the EEZ or on the
continental shelf, including safety zones around continental shelf
installations.
 The right of hot pursuit ceases as soon as the ship pursued enters the
territorial sea of its own State or of a third State.
 Hot pursuit is not deemed to have begun unless the pursuing ship
confirmed that the ship pursued or one of its boats is within the territorial
Page 9 of 233
MARITIME LAW UNCLOS
sea / contiguous zone or EEZ or above the continental shelf. The pursuit may
only be commenced after a visual or auditory signal to stop has been given
at a distance which enables it to be seen or heard by the foreign ship.
 The right of hot pursuit may be exercised only by warships or military
aircraft, or other ships authorized for such a purpose.
 Where a ship has been stopped or arrested outside the territorial sea in
circumstances which do not justify the exercise of the right of hot pursuit, it
shall be compensated for any loss or damage that may have been thereby
sustained.
RIGHTS AND DUTIES OF COASTAL STATE OVER HER TERRITORIAL WATERS

 In territorial waters, coastal states can only exercise criminal jurisdiction in
the following circumstances:
1. If the result of the crime extended to the coastal state.
2. If a crime disturbs the peace and good order of the country.
3. On the request of Master or agent of the vessel.
4. To suppress illicit traffic of drugs.
 The coastal State should not stop or divert a foreign ship passing through
the territorial sea for the purpose of exercising civil jurisdiction in relation
to a person on board the ship. Civil Jurisdiction can only be exercised within
territorial seas, on vessels which are passing through territorial seas after
leaving the coastal state internal water.
 The coastal State may adopt laws and regulations, in conformity with the
provisions of UNCLOS and other rules of international law, relating to
innocent passage through the territorial sea. The coastal State shall give due
publicity to all such laws and regulations. Foreign ships exercising the right
of innocent passage through the territorial sea shall comply with all such
laws and regulations. The coastal State may take the necessary steps in its
territorial sea to prevent passage which is not innocent.
 The coastal State may, where adopt sea lanes and TSS in its territorial
waters as necessary, having regard to the safety of navigation and require
foreign ships exercising the right of innocent passage through its territorial
sea to use such sea lanes and TSS. In particular, tankers, nuclear ships or
other ships carrying dangerous goods may be required to confine their
passage to such sea lanes. The coastal State shall clearly indicate such sea
lanes and TSS on charts to which due publicity shall be given.
Page 10 of 233
MARITIME LAW UNCLOS
 The coastal State shall not hamper the innocent passage of foreign ships
through the territorial sea. They shall not impose requirements that have a
practical effect of denying the right of innocent passage. They shall not
discriminate among ships in any way.
 The coastal State shall give appropriate publicity to any danger to
navigation, of which it has knowledge, within its territorial sea.
RIGHTS AND DUTIES OF COASTAL STATE OVER HER CONTIGUOUS ZONE:

 In the contiguous zone, the Coastal State may exercise the control
necessary to prevent infringement of its customs, fiscal, immigration or
sanitary laws and regulations within its territory or territorial sea.
 In the contiguous zone, the Coastal State can punish infringement of the
above laws and regulations committed within its territory or territorial sea.
RIGHTS AND DUTIES OF COASTAL STATE OVER HER EEZ:

 In the exclusive economic zone, the coastal State has sovereign rights for
the following:
1. Exploring and exploiting the natural resources,
2. Conserving and managing the natural resources,
3. Other activities for the economic exploitation, such as production of
energy from water, currents and winds.
4. Activities for exploration of the zone.
5. Establishment and use of artificial islands, installations and structures.
6. Carry out marine scientific research.
7. Take steps for the protection and preservation of the marine
environment.
 Due notice must be given of the construction of artificial islands,
installations or structures, and permanent means for giving warning of their
presence must be maintained.
 The coastal State may, where necessary, establish reasonable safety zones
around such artificial islands, installations and structures for their safety and
for safety of navigation. (not more than 500 m around them)
 Coastal states may have set forth fishery laws and carry out licensing of
fishermen, their boats and equipments. They can also set penalties for
violations of fisheries laws and regulations in the exclusive economic zone.
Page 11 of 233
MARITIME LAW UNCLOS
RIGHTS OF THE COASTAL STATE OVER THE CONTINENTAL SHELF

 The coastal State exercises sovereign rights over the continental shelf for
the purpose of exploring it and exploiting its natural resources.
 These rights are exclusive in the sense that if the coastal State does not
explore the continental shelf or exploit its natural resources, no one may
undertake these activities without the express consent of the coastal State.
 The natural resources referred above consist of the mineral and other living
and non-living resources of the seabed and subsoil.
 The coastal State shall have the exclusive right to authorize and regulate
drilling on the continental shelf for all purposes.
PIRACY UNDER UNCLOS:
 All States shall cooperate to the fullest possible extent in the repression of
piracy on the high seas or in any other place outside the jurisdiction of any
State.
 Piracy consists of any of the following acts:
1. Damage committed for private ends by the crew or the passengers of a
private ship or a private aircraft on the high seas, against another ship or
aircraft, or against persons or property on board such ship or aircraft.
2. Any act of voluntary participation in the operation of a ship or of an
aircraft with knowledge of facts making it a pirate ship or aircraft;
3. Any act of provoking or of intentionally facilitating any of the acts
described above.
 A ship or aircraft is considered a pirate ship or aircraft if it is intended by the
persons in dominant control to be used for the purpose of committing one
of the above acts of piracy.
 On the high seas, or in any other place outside the jurisdiction of any State,
every State may seize a pirate ship or aircraft, or a ship or aircraft taken by
piracy and under the control of pirates, and arrest the persons and seize the
property on board.
 If the seizure of a ship or aircraft on suspicion of piracy has been effected
without adequate grounds, the State making the seizure shall be liable for
any loss or damage caused by the seizure.
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MARITIME LAW UNCLOS
 A seizure on account of piracy may be carried out only by warships or

military aircraft, or other ships or aircraft authorized to that effect.
SCOPE AND OBJECTIVES OF UNCLOS:
 UNCLOS was established to provide an international agreement regulating

the various uses of the world’s oceans and seas and to define the rights and
responsibilities of nations therein.
 The scope of the Convention is very broad and provides what has been
termed a ‘constitution for the oceans’, covering the utilization of resources,
shipping, marine research, the exploitation of the EEZ and continental shelf,
and the prevention and avoidance of marine pollution.
 The Convention contains broad principles and provisions, allowing its
Contracting Parties to create more precise national regulations with regard
to the marine environment.
 The sea is in effect divided into different zones and areas, with differing
rights and duties applying to each separate sector.
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MARITIME LAW TONNAGE CONVENTION
INTERNATIONAL TONNAGE CONVENTION (1969)

International Convention on Tonnage Measurement of Ships
 It was adopted in 1969 and entered into force in 1982.

 The Convention, adopted by IMO in 1969, was the first successful attempt
to introduce a universal tonnage measurement system.
 Previously, various systems were used to calculate the tonnage of merchant
ships. There were considerable differences between them and it was
recognized that there was a great need for one single international system
for tonnage measurement of ships.
 The Convention provides for gross and net tonnages, both of which are
calculated independently.
 The rules apply to all ships built on or after the date of entry into force,
whereas the ships built before that date were allowed to retain their
existing tonnage for 12 years after entry into force. This phase-in period was
intended to ensure that ships were given reasonable economic safeguards,
since port and other dues are charged according to ship tonnage.
 At the same time, the Convention was drafted in such a way, so as to ensure
that gross and net tonnages calculated under the new system did not differ
too greatly from those calculated under previous methods.
GROSS TONNAGE AND NET TONNAGE

 The Convention meant a transition from the traditionally used terms Gross
Register Tons (GRT) and Net Register Tons (NRT) to Gross Tonnage (GT)
and Net Tonnage (NT).
 Gross tonnage forms the basis for manning regulations, safety rules and
registration fees. Both gross and net tonnages are used to calculate port
dues.
 The gross tonnage is a function of the moulded volume of all enclosed
spaces of the ship. The net tonnage is produced by a formula which is a
function of the moulded volume of all cargo spaces of the ship. The net
tonnage shall not be taken as less than 30 per cent of the gross tonnage.
 The Convention does not apply to War ships and ships of less than 24m in
length.
Page 14 of 233
 The determination of gross and net tonnages shall be carried out by the
Administration which may, however, entrust this task either to persons or
organizations recognized by it. In every case, the Administration concerned
shall accept full responsibility for the determination of gross and net
tonnages.
 Under this Convention, an International Tonnage Certificate (1969) shall be
issued to every ship, the gross and net tonnages of which have been
determined in accordance with the present Convention. Such certificate
shall be issued by the Administration or by any person or organization duly
authorized by it. In every case, the Administration shall assume full
responsibility for the certificate.
 The Certificate does not have an expiry date. However, under following
circumstances, it shall be cancelled or shall cease to be valid:
1. If alterations have taken place in the arrangement, construction, capacity,
use of spaces, total number of passengers the ship is permitted to carry,
assigned load line or permitted draught of the ship.
2. Transfer of Flag (grace period of maximum three months after transfer)
Definition of terms used in the Annexes

1. Upper Deck - The upper decks is the uppermost complete deck, exposed to
weather and sea, which has permanent means of weathertight closing of all
openings in the weather part thereof, and below which all openings in the
side of the ship are fitted with permanent means of watertight closing.
2. Moulded Depth - The moulded depth is the vertical distance measured from
the top of the keel to the underside of the upper deck at side.
3. Breadth - It is the maximum breadth of the ship, measured amidships.
4. Enclosed spaces –
 Enclosed spaces are all those spaces which are bounded by the ship's
hull, by fixed or portable partitions or bulkheads, by decks or coverings
other than permanent or movable awnings (canopy).
 No break in a deck, nor any opening in the ship's hull, in a deck or in a
covering of a space, or in the partitions or bulkheads of a space, nor the
absence of a partition or bulkhead, shall prevent a space from being
included in the enclosed space.
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5. Excluded Spaces –
 Apart the enclosed spaces, the spaces referred to in subparagraphs (a)
to (e) below shall be called excluded spaces and shall not be included in
the volume of enclosed spaces. However, if any space fulfils at least one
of the following three conditions, then that space shall be treated as an
enclosed space:
1. the space is fitted with shelves or other means for securing cargo or
stores
2. the openings are fitted with any means of closure
3. the construction provides any possibility of such openings being
closed
 A space shall be considered an ‘Excluded space’ in the following cases:

a) A space within an erection opposite to an end opening extending
from deck to deck.
b) A space under an overhead deck covering, open to the sea and
weather, with no other connection to the ship side other than
stanchions.
c) A space in a side-to-side erection directly in way of opposite side
openings.
d) A space in erection immediately below an uncovered opening in the
deck overhead, which is exposed to weather.
e) A recess in the boundary bulkhead of an erection which is exposed to
the weather and the opening of which extends from deck to deck
without means of closing.
 In layman's terms, excluded spaces are those in which cargo could not be
conceivably carried .Therefore; they are excluded from the computation
of tonnages as per the Convention.
CALCULATION OF GROSS TONNAGE AND NET TONNAGE:

 The Gross Tonnage and Net Tonnage of a ship are determined in
accordance with the Regulations given in the Annex 1 of the Convention.
 Separate formulae are given for Gross Tonnage and Net Tonnage.
 Gross tonnage is a function of the total volume of all enclosed spaces of
the ship, whereas, net tonnage is a function of the total volume of cargo
spaces of the ship.
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 Whenever there are alterations which affect the measured GT or NT, the
new GT and NT must be determined in accordance with the Regulations
and applied without delay. A new Tonnage certificate will also be issued.
 All volumes included in the calculation of gross and net tonnages shall be
measured, irrespective of the fittings and construction material or
method.
 Volumes of appendages shall be included in the total volume.
 Volumes of spaces open to the sea may be ‘excluded’ from the total
volume.
 All measurement used in the calculation of volumes shall be taken to the
nearest centimetre or inch.
 The volumes shall be calculated by generally accepted methods for the
space concerned and with accuracy acceptable to the Administration.
The calculation shall be sufficiently detailed to permit easy checking.
CONTENTS OF THE INTERNATIONAL TONNAGE CERTIFICATE (1969)

a) Name of the Issuing Authority (Flag State)
b) Name of the Ship, Distinctive Numbers or Letters (Call Sign)
c) Port of Registry
d) Date on which Keel was laid or underwent major alterations
e) Main Dimensions i.e. Length, Breadth and Moulded Depth
f) Moulded draft (corresponding to Summer Load line, or deepest
subdivision load line for passenger ships)
g) Gross Tonnage
h) Net Tonnage
i) Date and Place of Original Measurement / Re-measurement
j) Details of Spaces included and excluded in Calculation
k) Date and Place of Issue of the Certificate
l) Signature of the Issuing Official and Seal of the Issuing Authority
m) Remarks
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MARITIME LAW LOADLINE CONVENTION
LOADLINE CONVENTION
International Convention on Load Lines

 It has long been recognized that limitations on the draught to which a ship
may be loaded make a significant contribution to her safety. The main
objective of the Convention is to set these limits in the form of freeboards,
besides external weathertight and watertight integrity.
 In the 1966 Load Lines convention, adopted by IMO, provisions are made for
determining the freeboard of ships by ‘subdivision’ and ‘damage stability
calculations’.
 The regulations take into account the potential hazards present in different
zones and different seasons. Thus, the Convention sets the minimum
permissible freeboards, according to the location of the ship and season of
the year.
 The technical annex contains several additional safety measures concerning
doors, freeing ports, hatchways and other items. The main purpose of these
measures is to ensure the watertight integrity of ship’s hulls below the
freeboard deck.
 All assigned load lines must be marked amidships on each side of the ship,
together with the deck line. Ships intended for the carriage of timber deck
cargo are assigned a smaller freeboard as the deck cargo provides
protection against the impact of waves.
PURPOSE OF THE CONVENTION:

To ensure seaworthiness of the Intact (undamaged) vessel by:
1. Ensuring that the vessel has adequate reserve buoyancy and is not
overloaded. This is done by limiting the maximum loaded draft.
2. Ensuring a strong hull that can withstand severe sea conditions. This is done
by proper structural design, construction and maintenance.
3. Ensuring weathertight and watertight integrity. By ensuring good
conditions of coamings, doors, hatches, hatchways, non-return valves, etc.
4. Ensuring vessel has adequate stability for all loading and operating
conditions.
Page 18 of 233
5. Ensuring rapid drainage of water on deck during shipping seas. This is done
by adequate arrangements of freeing ports in bulwarks, scuppers, etc.
6. Ensuring safety of crew while on deck by increased freeboard to reduce
boarding seas, guard rails, catwalks, etc.
7. Ensuring that modifications to vessels do not compromise seaworthiness.
Any modification must be approved by the load line assigning authority.
CONTENTS:
 The Convention comprises of 34 articles and 3 annexes.
1. Annex I is divided into four Chapters:
Chapter I - General;
Chapter II - Conditions of assignment of freeboard;
Chapter III - Freeboards;
Chapter IV - Special requirements for ships assigned timber freeboards.
2. Annex II covers Zones, areas and seasonal periods.
3. Annex III contains certificates, including the International Load Line
Certificate.
APPLICATION:
 The present convention applies to all ships engaged on international
voyages, except war ships, new ships of less than 24m in length, existing
ships of less than 150 GT, fishing vessels, pleasure crafts, etc.
REQUIREMENTS:
 All the ships, to which the Convention applies, need to be surveyed and
assigned an International Load Line Certificate without which it cannot
trade. Certain ships, based on their design or trade pattern, do not require
such a certificate. These types of ships are described under Article 6 of the
Convention and are given a ‘Load Line Exemption Certificate’.
 Under this Convention, each ship is issued a “Condition of Assignment” by
the certificate issuing authority, which gives the details of the structure and
equipment to be surveyed and maintained.
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AMENDMENTS
 After the Convention came into force, various amendments were adopted
in the following years, but they required positive acceptance by two-thirds
of Parties and never came into force.
 However, the 1988 Protocol, entered into force in 2000. It made provisions
for harmonizing the Convention's survey and certification requirement with
those contained in the SOLAS and MARPOL conventions. It also revised
certain regulations in the technical Annexes and introduced the ‘tacit
acceptance procedure’, so that amendments adopted will enter into force
six months after the ‘deemed date of acceptance’ unless they are rejected
by one-third of Parties. Usually, the deemed acceptance date is two years
from the date of adoption.
 The 2003 Amendments which entered into force in 2005, made
comprehensive changes to technical regulations of the original convention.
SALIENT FEATURES OF THE LOAD LINE CONVENTION

 All ships for trading need to be surveyed and need to carry the certificates
as per Load Line Rules. They must be exhibited in a prominent part of the
ship and be presented to the customs for Port Clearance.
 Ships must be marked with load line in accordance with the Rules.
 Ships must comply with the Condition of Assignment as per the Rules.
 Ships must be provided with information regarding stability, loading and
ballasting and additional notes for Master’s guidance.
 Load Line Rules apply at port as well as at sea, except when a ship is
proceeding down river to the sea, she may submerge her marks to allow for
the river passage consumption of fuel and FW, and rise (increase in
freeboard) due to increase in density of water when she leaves dock water.
INITIAL, RENEWAL AND ANNUAL SURVEYS

A ship shall be subjected to the surveys specified below:
1. An initial survey before the ship is put in service, which shall include a
complete inspection of its structure and equipment, as covered by the
present Convention. The survey shall be such as to ensure that the
arrangements, materials and scantlings fully comply with the requirements
of the present Convention.
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2. A renewal survey at intervals specified by the Administration but not

exceeding five years, which shall be such as to ensure that the structure,
equipment, arrangements, materials and scantlings fully comply with the
requirements of the present Convention.
3. An annual survey within 3 months before or after each anniversary date of
the certificate to ensure that,
a) alterations have not been made to the hull or superstructures which
would affect the calculations determining the position of the load line
b) the fittings and appliances for the protection of openings, guard rails,
freeing ports and means of access to crew’s quarters are maintained in
an effective condition
c) the freeboard marks are correctly and permanently indicated
d) the required information is supplied to the Master
The annual surveys shall be endorsed on the International Load Line
Certificate or International Load Line Exemption Certificate, as applicable.
LOADLINE CERTIFICATE 1966

 Ships to which the Convention applies have a Load Line certificate or a Load
Line Exemption certificate.
 Validity of the certificate is 5 years, subject to Annual inspection.
 The surveying and marking of the ship shall be carried out by
Administration. However, this task can be entrusted to organizations
recognized by it. In every case the Administration concerned fully
guarantees the completeness and efficiency of the surveys and marking.
 An International Load Line Certificate shall cease to be valid if any of the
following circumstances exist:
a) Material alterations have taken place in the hull or superstructures that
would necessitate the assignment of an increased freeboard
b) the required fittings and appliances are not maintained in an effective
condition
c) the certificate is not endorsed after the Annual or Periodic Survey.
d) the structural strength of the ship is lowered to such an extent that the
ship is unsafe.
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Information to be Supplied to the Master

 The master of every new ship shall be supplied with information to arrange
for the loading and ballasting of his ship in such a way as to avoid the
creation of any unacceptable stresses in the ship’s structure.
 Information shall be provided to the master in a form that is approved by
the Administration or a recognized organization.
 Stability information and loading information shall be carried on board at all
times together with evidence that the information has been approved by
the Administration.
 A ship which is not required under SOLAS to undergo an inclining test upon
its completion shall
a) be so inclined and the actual displacement and position of the centre of
gravity shall be determined for the lightship condition
b) if the Administration so approves, have the inclining test data obtained
from that of a sister ship.
c) if the Administration decides that the performance of an inclining
experiment is not practicable or safe, the ship’s lightship characteristics
can be determined by a detailed weight estimate confirmed by a
lightweight survey
 Where any alterations are made to a ship so as to materially affect the
loading or stability information supplied to the master, amended
information shall be provided. If necessary the ship shall be re-inclined.
LOAD LINE MARKINGS:
Deck Line - The deck line is a horizontal line 300 mm in length and 25 mm in
breadth. It shall be marked amidships on each side of the ship, and its upper edge
shall be in line with the freeboard deck.
Load Line Mark - The load line mark shall consist of a ring 300 mm in outside
diameter and 25 mm wide which is intersected by a horizontal line 450 mm in
length and 25 mm in breadth, the upper edge of which passes through the centre
of the ring. The centre of the ring shall be placed amidships and at a distance
equal to the assigned summer freeboard measured vertically below the upper
edge of the deck line.
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Lines to be used with the Load Line Mark - The lines which indicate the load line
assigned in accordance with the Load Line regulations shall be horizontal lines 230
mm in length and 25 mm in breadth which extend forward of, unless expressly
provided otherwise, and at right angles to, a vertical line 25 mm in breadth marked
at a distance 540 mm forward of the centre of the ring. The following load lines
shall be used:
a) The Summer Load Line indicated by the upper edge of the line which passes
through the centre of the ring and also by a line marked S.
b) The Winter Load Line indicated by the upper edge of a line marked W.
c) The Winter North Atlantic Load Line indicated by the upper edge of a line
marked WNA.
d) The Tropical Load Line indicated by the upper edge of a line marked T.
e) The Fresh Water Load
Line in summer indicated
by the upper edge of a
line marked F and
marked abaft the vertical
line.
f) The Tropical Fresh
Water Load Line
indicated by the upper
edge of a line marked TF
and marked abaft the
vertical line.
Timber Load Lines - If timber freeboards are assigned, the timber load lines shall
be marked in addition to ordinary load lines. These lines shall be horizontal lines
230 mm in length and 25 mm in breadth which extend abaft, unless expressly
provided otherwise, and at right angles to, a vertical line 25 mm in breadth marked
at a distance 540 mm abaft the centre of the ring. Timber load lines are Summer
Timber Load Line (LS), Winter Timber Load Line (LW), Winter North Atlantic
Timber Load Line (LWNA), Tropical Timber Load Line (LT), Fresh Water Timber
Load Line in summer (LF – marked forward of the vertical line) and Tropical Fresh
Water Timber Load Line (LTF - marked forward of the vertical line)
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The Mark of the Authority - The mark of the Authority by whom the load lines are
assigned may be indicated alongside the load line ring above the horizontal line
which passes through the centre of the ring, or above and below it. This mark shall
consist of not more than four initials to identify the Authority’s name, each
measuring approximately 115 mm in height and 75 mm in width.
Marking - The ring, lines and letters shall be painted in white or yellow on a dark
ground or in black on a light ground. They shall also be permanently marked on
both sides of the ship to the satisfaction of the Administration. The International
Load Line Certificate shall not be delivered to the ship until the surveyor has
certified that the marks are correctly & permanently indicated on the ship’s sides.
LOAD LINE SURVEY:
The following items will be checked during the Annual Load Line survey:
1. A visual examination of the Load Line certificate and all other certificates to
ensure validity and all endorsements are carried out.
2. A general inspection to ensure that no unauthorized modifications are
carried out which affect the ‘Condition of Assignment’ of load lines for the
vessel.
3. Inspection of the strength in general by internal inspection of one or two
compartments and gauging the strength of the girders, frames, knees,
brackets, etc. Also, strength of the superstructure bulkheads and machinery
spaces will be checked.
Page 24 of 233
4. Confirming that loading and ballasting operations are carried out without
excessive stresses and vessel makes good use of the stability information
booklet and loading computer.
5. The position and marking of the load lines on the P & S sides of the ship to
be checked as per the load line certificate. Also, draft marks will be checked.
6. Hatch covers must be weathertight. All fittings such as rubber packing and
closing appliances must be in good condition. Testing may be carried out for
few holds.
7. Ventilators will be tested to see if they can be closed effectively. The rubber
packings and open-shut markings will also be checked.
8. Watertight doors and their operation, packing, markings, alarms, controls,
etc. will be checked.
9. Weathertight doors packing, closing mechanism such as dog bolts,
markings, etc. will be inspected.
10. Air pipe flaps will be inspected to check if they are capable of being shut.
Valves must be operational and packing must be in good condition. Air pipes
with floating discs or ball mechanism will be checked.
11. Machinery space openings must be capable of being shut as per local or
remote operation where fitted.
12. Portholes are to be weathertight and those below the main deck must be
watertight and fitted with deadlights.
13. All inlet and outlet valves must be watertight and show no leakage. The
forepeak tank valve which is of the screw-down type must be capable of
being closed watertight.
14. All manholes and their rubber packing will be checked for condition and
weathertightness.
15. Freeing ports and scuppers must not be blocked or obstructed.
16. Life-life on deck for rough weather, catwalk, guard rails, bulwarks, etc. must
be in good condition and adequate for its purpose.
17. Forepeak educator system for chain locker must be operational, including
its alarm system. Spurling pipe opening must be capable of being closed
weathertight.
CONTENTS OF AN INTERNATIONAL LOAD LINE CERTIFICATE:

 Certificate Number
 Issuing Authority (under the Authority of ______)
 Issued By (Classification Society)
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 Name of the ship, Call Sign, Port of Registry, IMO number, etc
 Type of Ship (A or B60 or B100)
 Freeboard assigned as (New ship)
 Length of the ship (as defined in the Convention)
 Freeboards from Deck Line for all the Load Line Marks in ‘mm’
 Fresh Water Allowance in ‘mm’
 Valid until date, subject to Annual surveys.
 Completion date of the survey, date and place of issue of the Certificate
 Sign and seal of the Authorized Person.
 Space for Annual endorsements and other remarks.
RECORD OF CONDITION OF ASSIGNMENT

 Conditions of Assignment are the conditions which must be met
before freeboard is assigned to a ship and load line certificate is issued
following a load line survey.
 Free boards are computed assuming ship to be a completely enclosed and
watertight/ weather tight envelop. The convention then recognizes the
practical need for openings in the ship and prescribes means of protection
and closure of such openings. These are called condition of assignment,
since the assignment of computed free board is conditional upon the
prescribed means of protection and closure of openings such as hatchways,
doorways, ventilation, air pipes, scuppers etc.
 Following are the conditions which must be met before assigning the
freeboard:-
1. Enough structural strength should be possessed and preserved.
2. Enough reserve buoyancy should be possessed and preserved.
3. Physical means of preventing entry of water into the hull.
4. Safety and protection of crew on weather deck.
5. Adequate stability in the normal loaded condition (intact stability)
6. Adequate degree of subdivision and stability after suffering prescribed
damage.
 Ships are to be surveyed annually to ensure that they fulfill the condition of
assignment. Most of the conditions of assignment are concerned with the
water tight integrity of the ship.
Page 26 of 233
 Hull construction should meet the highest standard laid down by the
classification society. This ensures protection against flooding of the ship.
The superstructure and the bulkheads must be strengthened sufficiently.
 Some of the condition of assignment which contribute towards water tight
integrity and compliance with other objectives of the convention are:-
1) Hatchways
2) Machinery space openings
3) Watertight doors
4) Weather tight doors (Openings in free board and super structure deck)
5) Ventilators, Cargo ports, Air pipes
6) Scuppers
7) Side scuttles, Port holes and deadlights
8) Inlets and discharges and non-return valves
9) Guard Rails, Cat-walk, bulwarks and freeing ports
10) Load line Marks and draft marks
 Good condition of most of the above parameters ensures watertight

integrity and protection against flooding of compartment. If watertightness
is not achieved, then during rough weather water can enter into the areas
below main deck causing to reduce the free board. Also if green sea effect is
not reduced and water is being accumulated on the deck, it can cause free
board to reduce and add free surface effect.
 Condition of assignment needs periodic inspection to ensure that ship
conditions are such that above mentioned items are maintained in good
order. During periodic inspection, surveyor shall assume that no material
alterations have been made to the hull or superstructure that would affect
the calculation determining the position of load line. This can be found out
by reviewing the records of condition of assignment.
 Examples of items which may no longer fulfill the conditions could be:
1. Corrosion or damage to hatch coaming, ventilators, air pipes, etc.
2. Damaged gangways, guard rails, bulwarks, catwalk, etc. that will hamper
the safety of crew.
3. Sealing arrangements of closing devices are made of neoprene. They
become hard with time and needs renewal.
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MARITIME LAW FAL CONVENTION
FAL CONVENTION
Convention on Facilitation of International Maritime Traffic (FAL)
 This Convention was adopted in 1965 and entered into force in 1967.
 The Convention's main objectives are -

1. to prevent unnecessary delays in maritime traffic
2. to aid co-operation between Governments and
3. to secure the highest practicable degree of uniformity in formalities and
other procedures.
 In particular, the Convention reduces the number of declarations which are

required by public authorities.
 Most regulations are essential - but sometimes they prove to be not only
unnecessary but also a significant burden on the activities they are
supposed to control.
 Few activities have been more subject to ‘over-regulation’. This is partly

because of the international nature of shipping - countries develop customs,
immigration and other standards independently of each other and a ship
visiting several countries during the course of a voyage could be presented
with numerous forms to fill in, often asking for exactly the same information
but in a slightly different way.
 With the growth in shipping, the paperwork involved also grew, leading to a
lot of inconvenience. The actual number of separate documents required
varied from port to port. But the information that was required was often
identical. The number of copies required of some of these documents could
often become excessive. In certain ports, the documents were required to
be translated in local language.
 Due to all this, the maritime nations decided that the situation could not be
allowed to deteriorate further. This gave rise to the adoption of FAL
Convention to assist the facilitation of international maritime traffic.
Page 28 of 233
Standards and recommended practices
 In its Annex, the Convention contains "Standards" and "Recommended

Practices" on formalities, documentary requirements and procedures which
should be applied on ship’s arrival, stay and departure.
 The Convention defines “standards” as internationally-agreed measures

which are necessary and practicable in order to facilitate international
maritime traffic and “recommended practices” as measures the application
of which is desirable.
 The Convention provides that any Contracting Government which finds it

impracticable to comply with any international standard, or considers it
necessary to adopt differing regulations, must inform the IMO of the
"differences" between its own practices and the standards in question.
 In the case of recommended practices, Contracting Governments are

“urged” to adjust their laws accordingly.
 This flexible concept of standards and recommended practices, coupled

with the other provisions, allows the formulating and adopting of uniform
measures in the facilitation of international maritime traffic.
The IMO Standardized Forms (FAL Forms 1-7)
 The Convention lists the documents which public authorities can demand of
a ship and recommends the maximum information and number of copies
which should be required.
 IMO has developed Standardized Forms for seven of these documents. They
are as follows:
1. FAL Form 1 - IMO General Declaration

2. FAL Form 2 – IMO Cargo Declaration
3. FAL Form 3 – IMO Ship's Stores Declaration
4. FAL Form 4 – IMO Crew's Effects Declaration
5. FAL Form 5 – IMO Crew List
6. FAL Form 6 – IMO Passenger List
7. FAL Form 7 – IMO Dangerous Goods Manifest (2002 Amendment)
Page 29 of 233
 The 2002 amendments which entered into force in 2003, added new
standards and recommended practices for dealing with “stowaways”. It
also added FAL Form 7 – IMO Dangerous Goods Manifest, which becomes
the basic document providing public authorities with the information
regarding dangerous goods on board ships.
 The 2005 amendments which entered into force in 2006 are intended to
“modernize” the Convention, to enhance the facilitation of international
maritime traffic. This included the following ‘Recommended Practices’,
1. Public authorities to use pre-arrival & pre-departure information to
facilitate the processing of information, and thus expedite release and
clearance of cargo and persons;
2. All information to be submitted to a single point to avoid duplication;
3. Encouragement of electronic transmission of information;
4. Addition of references to ISPS Code which mention security measures
5. Amendments to the IMO Standardized FAL Forms (1 to 7).
 The 2009 amendments which entered into force in 2010, relate to

1. Arrival and departure requirements and procedures;
2. Measures to facilitate clearance of passengers, crew and baggage;
3. Facilitation for cruise ships and their passengers;
4. Introducing “voyage number”, and amendment to IMO FAL Forms.
 The latest 2016 amendments which entered into force on 1st January 2018,
introduce new definitions for Cargo Transport Unit (CTU), freight container,
ISPS Code, Master, ship agent, shipper and single window. Electronic
exchange of information will be mandatory from 9 April 2019 with a
transition period of atleast 12 months. All IMO FAL forms, except IMO FAL
Form 3, have been revised.
FAL Convention Benefits:

 Simplifying the documentation requirements.
 Harmonizing and streamlining trade-related practices and regulations.
 Simple and fast clearance of documents in port based on electronic
information shared prior arrival. This results in shorter time in port.
 Standard forms make it easy for masters & authorities to interpret info.
 Non-essential documents and duplication of information are avoided, thus
reducing administrative burden.
Page 30 of 233
Documents required for Arrival / Departure:
 The Convention has been amended a few times and is presently limiting the
number of required declarations in a port to nine. They are
1. IMO General Declaration

2. Cargo Declaration
3. Ship’s Stores Declaration
4. Crew’s Effects Declaration
5. Crew List
6. Passenger List
7. Dangerous Goods Manifest
8. Declaration required under Universal Postal Convention
9. Declaration required under International Health Regulations (Maritime
Declaration of Health)
 Three additional declarations entered into force from 1 January 2018 which
will bring the number of documents to twelve. These are
10. Security-related information

11. Advance electronic cargo information for customs risk assessment
purposes
12. Advance notification form for waste delivery to port reception facilities.
CERTIFICATES
All ships are required to carry certificates that establish their seaworthiness, type
of ship, competency of seafarers and so on. These certificates are provided by the
flag State of the ship (or Classification Society on their behalf), Classification
Society, etc. and may be inspected by Port State Control officers.
Certificates to be carried on board ships are: (some are for specific ship type)
 Certificate of Registry
 Passenger Ship Safety Certificate
 Cargo Ship Safety Certificate (Safety equipment / Construction / Radio)
 International Tonnage Certificate
 International Load Line Certificate (Load line Exemption Certificate)
Page 31 of 233
 Intact stability booklet; Damage control booklets

 Minimum safe manning document
 Certificates for masters, officers or ratings;
 International Oil Pollution Prevention Certificate
 Oil Record Book-I, Oil Record Book-II, Cargo Record Book
 Shipboard Oil Pollution Emergency Plan; (and/or SMPEP)
 NLS Certificate (Annex-2)
 International Sewage Pollution Prevention Certificate
 Garbage Management Plan and Garbage Record Book
 International Air Pollution Prevention Certificate
 International Energy Efficiency Certificate
 International Anti-Fouling System Certificate
 Document of Compliance and Safety Management Certificate (ISM Code).
 International Ship Security Certificate
 Cargo Securing Manual
 Ballast Water management Plan and Ballast Water Record Book
 CLC-Bunker, CLC-Oil, Wreck Removal Certificate
 International Certificate of Fitness for carriage of Dangerous Chemical In
Bulk
 International Certificate of Fitness for Carriage of Liquefied Gases in Bulk
 Polar Ship Certificate
CONTENTS OF FAL FORM 6 – Passenger List
 Arrival or Departure (Tick applicable)

 Name of the ship, IMO number, Call Sign and Flag State
 Voyage Number, Port of Arrival/Departure, Date of Arrival/Departure
 Family Name, Given name of Passenger
 Date and place of birth and Nationality of passengers
 Type of identity or travel document and its serial number.
 Port of embarkation and Port of disembarkation
 Whether transit passenger or not.
 Date and signature by master, authorized agent or officer.
Page 32 of 233
CONTENTS OF FAL FORM 3 – Ship Stores Declaration
 Arrival or Departure (Tick applicable)

 Name of the ship, IMO number, Call Sign and Flag State
 Voyage Number, Port of Arrival/Departure, Date of Arrival/Departure.
 Number of persons on board.
 Period of stay
 Name of articles (List out the stores to be declared)
 Quantity of the declared articles
 Location onboard of the declared articles
 Official Use of the declared articles
 Date and signature by master, authorized agent or officer
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MARITIME LAW STCW Convention
STCW Convention
International Convention on Standards of Training, Certification and
Watchkeeping for Seafarers

 The main purpose of the Convention is to promote safety of life and
property at sea and the protection of the marine environment by
establishing in common agreement international standards of training,
certification and watchkeeping for seafarers.
 Amendments to the 1978 STCW Convention's technical Annex may be
adopted by a Conference of STCW Parties or by IMO's Maritime Safety
Committee. Amendments to the STCW Annex will normally enter into force
one and a half years after being communicated to all Parties unless, in the
meantime, they are rejected by one-third of the Parties or by Parties whose
combined fleets represent 50 per cent of world tonnage.
 The regulations contained in the STCW Convention are supported by
sections in the STCW Code. Generally speaking, the Convention contains
basic requirements which are then enlarged upon and explained in the
Code. The STCW Code has two Parts –
1. Part A of the Code is mandatory. The minimum standards of competence
required for seagoing personnel are given in detail in a series of tables.
2. Part B of the Code contains recommended guidance which is intended to
help Parties implement the Convention.
 The STCW Convention requires that training leading to the issue of a

certificate is 'approved'. The IMO does not approve any training courses or
institutes. This is a privilege and responsibility of Member Governments who
are Parties to the STCW Convention.
 The Convention requires that training and assessment of seafarers are
administered, supervised and monitored and those responsible for training
and assessment of competence of seafarers are appropriately qualified as
per the Code.
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Contents of Part A of the Code:
 Chapter I: Standards regarding general provisions

 Chapter II: Standards regarding the master and deck department
 Chapter III: Standards regarding the engine department
 Chapter IV: Standards regarding radio personnel
 Chapter V: Standards regarding special training requirements for persons on
certain ship types
 Chapter VI: Standards regarding emergency, occupational safety, medical
care & survival function
 Chapter VII: Standards regarding alternative certification
 Chapter VIII: Standards regarding watchkeeping
FITNESS FOR DUTY
 All persons who are assigned duty as officer in charge of a watch or as a

rating forming part of a watch and those whose duties involve designated
safety, prevention of pollution and security duties shall be provided with a
rest period of not less than:
a) a minimum of 10 hours of rest in any 24-hour period; and
b) 77 hours in any 7-day period
 The hours of rest may be divided into no more than two periods, one of
which shall be at least 6 hours in length, and the intervals between
consecutive periods of rest shall not exceed 14 hours.
 The rest periods need not be maintained in the case of emergency or other
overriding operational conditions. Musters, drills, etc shall be conducted in a
manner that minimizes the disturbance of rest periods and does not induce
fatigue.
 Watch schedules must be posted where they are easily accessible, in a
standardized format in the working language and in English.
 When a seafarer is on call, such as on UMS duty, the seafarer shall have an
adequate compensatory rest period if the normal period of rest is disturbed
by call-outs to work.
 Records of daily hours of rest of seafarers must be maintained in a
standardized format, in the working language and English, to allow
monitoring and verification. The seafarers shall receive a copy of the records
endorsed by master or a person authorized by him.
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 The master still has the right to require a seafarer to perform any hours of
work for the immediate safety of the ship, persons or cargo, or for giving
assistance to other ships in distress. Master may suspend the schedule of
hours of rest and require a seafarer to perform any hours of work necessary
until the normal situation has been restored. As soon as practicable, the
master shall ensure that any seafarers who have performed work in a
scheduled rest period are provided with an adequate period of rest.
 The administration may allow an exception and reduce the rest period to
not less than 70 hours in any seven day period. This exemption shall not be
allowed for more than two consecutive weeks. In addition, the rest hours
during the period of exemption may be divided into not more than three
periods, one of which shall be atleast 6 hours in length and neither of the
other two shall be less than 1 hour in length.
 Also, if the hours of rest is reduced to 70 hours per week over a ‘two week’
period, then the next ‘four weeks’ (double the period of exemption) atleast
have to comply with the general rule of 77 hours rest per week and only two
rest periods in any 24 hours.
 BAC limit of maximum 0.05% blood alcohol level (BAC) or 0.25 mg/l alcohol is
set.
MEDICAL STANDARDS
 As per STCW Convention, medical fitness for seafarers shall comply with the
minimum in-service eyesight standards set out in Code.
 These standards may differentiate between those persons seeking to start a
career at sea and those seafarers already serving at sea and between
different functions on board, bearing in mind the different duties of
seafarers.
 They shall also take into account any impairment or disease that will limit
the ability of the seafarer to effectively perform his/her duties during the
validity period of the medical certificate.
 The standards of physical and medical fitness established by the Party shall
ensure that seafarers satisfy the following criteria:
a) Have the physical capability to fulfill all the requirements of the basic
training as required.
b) Demonstrate adequate hearing and speech to communicate effectively
and detect any audible alarms.
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c) Have no medical condition, disorder or impairment that will prevent the

effective and safe conduct of their routine and emergency duties on
board during the validity period of the medical certificate;
d) Are not suffering from any medical condition likely to be aggravated by
service at sea or likely to endanger the health and safety of other
persons on board
e) Are not taking any medication that has side effects that will impair
judgment, balance, or any other requirements for effective and safe
performance of routine and emergency duties on board.
 Medical fitness examinations of seafarers shall be conducted by
appropriately qualified and experienced medical practitioners recognized by
the Party. A register of recognized medical practitioners shall be maintained
by the Party and made available to other Parties, companies and seafarers
on request.
 Each Party shall provide guidance for the conduct of medical fitness
examinations and issuing of medical certificates, taking into account
provisions set out in the Code.
 Administrations should ensure that recognized medical practitioners enjoy
full professional independence in exercising their medical judgement when
undertaking medical examination procedures.
CONTROL
 Ships while in the ports of a Party will be subject to control / inspections, by
officers duly authorized by that Party to verify that all seafarers serving on
board who are required to be certificated by the Convention are so
certificated or hold an appropriate dispensation.
 Such certificates shall be accepted unless there are clear grounds for
believing that a certificate has been fraudulently obtained or the holder of a
certificate is not the person to whom that certificate was originally issued.
 In the event that any deficiencies are found, the officer carrying out the
control shall inform, in writing, the master of the ship and the Consul or, in
his absence, the nearest diplomatic representative or the maritime authority
of the State whose flag the ship is entitled to fly, so that appropriate action
may be taken.
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 Such notification shall specify the details of the deficiencies found and the
grounds on which the Party determines that these deficiencies pose a
danger to persons, property or the environment.
 In exercising the control, taking into account the size and type of the ship
and the length and nature of the voyage, if the deficiencies are not
corrected and it is determined that this fact poses a danger to persons,
property or the environment, the Party carrying out the control shall take
steps to ensure that the ship will not sail unless and until these
requirements are met to the extent that the danger has been removed.
 When exercising control, all possible efforts shall be made to avoid a ship
being unduly detained or delayed. If a ship is so detained or delayed, it shall
be entitled to compensation for any loss or damage resulting therefrom.
 This provision of control shall be applied as required to ensure that no more
favourable treatment is given to ships entitled to fly the flag of a non-Party.
 Apart from Certification, the inspecting authority will all verify that the
numbers of the seafarers serving on board are in conformity with the
applicable safe manning requirements of the Flag State.
 The inspecting authority shall also asses the ability of seafarers to maintain
watchkeeping standards as required by the Convention if there are clear
grounds for believing that such standards are not being maintained because
any of the following have occurred:
a) the ship has been involved in a collision, grounding or stranding, or
b) there has been a discharge of substances from the ship when under way,
c) at anchor or at berth which is illegal under any international convention,
d) the ship has been manoeuvred in an erratic or unsafe manner
e) the ship is otherwise being operated in such a manner as to pose a
danger to persons, property or the environment.
 Deficiencies which may be deemed to pose a danger to persons, property or

the environment include the following:
a) Failure of seafarers to hold the required certificate or valid dispensation.
b) Failure to comply with the applicable safe manning requirements of the
Administration.
c) Non compliance with navigational or engineering watch arrangements.
d) Absence in a watch of a person qualified to operate equipment essential
to safe navigation, safety radio communications or the prevention of
marine pollution.
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 Failure to correct any of the above deficiencies to the satisfaction of the

inspecting authority shall be the only grounds on which a Party may detain a
ship.
STCW Amendments:
The STCW Convention and Code had amendments several times in the past, out of
which the 1995 and 2010 amendments had major revisions.
The 1995 Amendments:

 It entered into force in 1997 and divided the STCW Code in Part A & B.
 It made the procedure for amendments easy, whereby there would be no
need to call a full conference to make changes to the Code.
 The amendments are described briefly below:
a) Port State Control: The amendments include enhanced procedures
concerning the exercise of port State to allow intervention in the case of
deficiencies deemed to pose a danger to persons, property or the
environment. This can take place if certificates are not in order or if the
ship is involved in a collision or grounding, if there is an illegal discharge
of substances (causing pollution) or if the ship is maneuvered in an
erratic or unsafe manner, etc.
b) Watchkeeper Fatigue Prevention: Measures are introduced for the
prevention of fatigue of watchkeeping personnel. Administrations are
required to establish and enforce rest periods for watchkeeping
personnel and to ensure that watch systems are so arranged that the
efficiency of watchkeeping personnel is not impaired by fatigue.
c) Non-Compliance: Penalties and other disciplinary measures must be
prescribed and enforced where the Convention is not complied with.
d) Training Requirements: Technical innovations, such as the use of
simulators for training and assessment purposes have to be used.
Simulators are mandatory for training in the use of radar and ARPA.
Training, certification and other procedures must be continuously
monitored by means of a quality standards system. Special training
requirements were introduced for personnel on board ro-ro pax. ships.
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e) Refresher Course/Training: Every master, officer and radio operator is

required to meet the fitness standards and the levels of professional
competence at intervals not exceeding five years. If necessary, holders of
certificates may be required to undergo training or refresher courses.
f) Alternative Certification: Regulations regarding alternative certification
enable crew to gain training and certification in various departments of
seafaring rather than being confined to one branch (like deck or engine)
for their entire career.
g) White List: The first so-called "White list" of countries deemed to be
giving “full and complete effect” to the revised STCW ‘95 was published
by IMO. It is expected that ships flying flags of countries that are not on
the White List will be increasingly targeted by PSC inspectors.
The 1997 Amendments

 It entered into force in 1999.
 Amendments were regarding training for personnel on passenger ships.
a) Mandatory minimum requirements for the training and qualifications of
masters, officers, ratings and other personnel on passenger ships other
than ro-ro passenger ships.
b) Crowd management training and Familiarization training
c) Passenger safety, Crisis management and human behaviour training.

 It entered into force in 2003 and aimed at improving minimum standards of
competence of crews, in particular relating to cargo securing, loading and
unloading on bulk carriers, since these procedures have the potential to put
undue stresses on the ship's structure.

 It entered into force in 2008 and following were the amendments made:
a) New minimum mandatory training and certification requirements for
persons to be designated as ship security officers (SSOs).
b) Certification of SSO and guidance regarding training for SSO.
c) Additional training requirements for the launching and recovery of fast
rescue boats to prevent incidents involving them especially in adverse
weather conditions.
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The 2010 Manila Amendments

 The Manila amendments to the STCW Convention and Code were adopted
in 2010, marking a major revision of the STCW Convention and Code. They
entered in force in 2012 under the tacit acceptance procedure. They are
aimed at bringing the Convention and Code up to date with developments
since they were initially adopted and to enable them to address issues that
are anticipated to emerge in the foreseeable future.
 Amongst the amendments adopted, there are a number of important
changes to each chapter of the Convention and Code, including:
1. Improved measures to prevent fraudulent practices associated with
certificates of competency and strengthen the evaluation process.
2. Revised requirements on hours of work and rest (Hours of rest increased
from 70 hours to 77 hours per week.)
3. New requirements for the prevention of drug and alcohol abuse.
4. Updated standards relating to medical fitness standards for seafarers.
5. New certification requirements for able seafarers.
6. New requirements relating to training in modern technology like ECDIS.
7. New requirements for marine environment awareness training
8. New requirements for training in leadership and teamwork.
9. New training and certification requirements for electro-technical officers.
10. Updating of competence requirements for personnel serving on board
all types of tankers (new requirements for persons onboard gas tankers)
11. New requirements for security training, to ensure that seafarers are
properly trained to cope if their ship comes under attack by pirates.
12. Introduction of modern training methodology including distance learning
and web-based learning.
13. New training guidance for personnel serving on board ships operating in
polar waters.
14. New training guidance for personnel operating Dynamic Positioning
Systems.
Note: 2016 amendments set to be force on 1st July, 2018 add tables of competency
required for persons serving onboard ships operating in Polar waters.
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MARITIME LAW MLC 2006
MARITIME LABOUR CONVENTION (MLC)

2006
 The Maritime Labour Convention (MLC) is an International Labour

Organization (ILO) convention, number 186, established in 2006 as
the fourth pillar of international maritime law. The other pillars are
the SOLAS, STCW and MARPOL.
 It embodies "all up-to-date standards of existing international maritime
labour Conventions and Recommendations, as well as the fundamental
principles to be found in other international labour Conventions".
 The Convention applies to all ships entering the harbours of States that are
party to the Convention, as well as to all Flag states.
 There were two conditions for MLC to enter into force - 30 countries must
ratify it and total ratification must represent over 33% of world gross
tonnage of ships. The convention entered into force on 20 August 2013.
 Although the Convention has not been ratified worldwide, it has
widespread effect because vessels from non-signatory States that attempt
to enter ports of signatory States may face arrest and penalties for non-
compliance with the MLC.
 The Convention comprises three different but related parts: the Articles, the
Regulations and the Code. The Articles and Regulations set out the core
rights and principles and the basic obligations of Members ratifying the
Convention. The Articles and Regulations can only be changed by the
Conference of the Constitution of the ILO. The Code contains the details for
the implementation of the Regulations. It comprises Part A (mandatory
Standards) and Part B (non-mandatory Guidelines). The Code can be
amended through the simplified procedure set out in the Convention.
 The Regulations and the Code are organized into general areas under five
Titles:
Title 1: Minimum requirements for seafarers to work on a ship
Title 2: Conditions of employment
Title 3: Accommodation, recreational facilities, food and catering
Title 4: Health protection, medical care, welfare & social security protection
Title 5: Compliance and enforcement
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 The Convention has three underlying purposes:

a) to lay down, in its Articles and Regulations, a firm set of rights and
principles;
b) to allow, through the Code, a considerable degree of flexibility in the way
Members implement those rights and principles; and
c) to ensure, through Title 5, that the rights and principles are properly
complied with and enforced.
Title 1. Minimum Requirements For Seafarers To Work On A Ship
Regulation 1.1 – Minimum age

Purpose: To ensure that no under-age persons work on a ship
 No person below the minimum age of 16 shall be employed or engaged or
work on a ship.
 Night work of seafarers under the age of 18 shall be prohibited, except for
the purpose of training. (Night work as defined in National Law and
practice)
 The employment, engagement or work of seafarers under the age of 18
shall be prohibited where the work is likely to jeopardize their health or
safety. The types of such work shall be determined by national laws or
regulations.
Regulation 1.2 – Medical certificate

Purpose: To ensure that all seafarers are medically fit to perform their duties at sea
 Seafarers shall not work on a ship unless they are certified as medically fit to
perform their duties. The medical certificate shall be issued by a duly
qualified medical practitioner, recognized by the competent authority as
qualified to issue such a certificate.
 Each medical certificate shall state that the hearing and sight of the
seafarer, the colour vision (where applicable) are all satisfactory and that
he/she is not suffering from any medical condition likely to be aggravated by
service at sea.
 A medical certificate shall be valid for a maximum period of two years unless
the seafarer is under the age of 18, in which case the maximum period of
validity shall be one year. Certification of colour vision shall be valid for a
maximum period of six years.
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 If a medical certificate expires during the voyage, the certificate shall

continue in force until the next port of call where the seafarer can obtain a
medical certificate from a qualified medical practitioner, provided that the
period shall not exceed three months.
Regulation 1.3 – Training and qualifications

Purpose: To ensure that seafarers are trained or qualified to carry out their duties on
board ship
 Seafarers shall not work on a ship unless they are trained or certified as
competent or otherwise qualified to perform their duties.
 Seafarers shall not be permitted to work on a ship unless they have
successfully completed training for personal safety on board ship.
 Training and certification in accordance with the mandatory instruments
adopted by IMO shall be considered as meeting the above requirements.
Regulation 1.4 – Recruitment and placement

Purpose: To ensure that seafarers have access to an efficient and well-regulated
seafarer recruitment and placement system
 All seafarers shall have access to an efficient and adequate recruitment and
placement system for finding employment on board ship. For this, no
charges must be levied on the seafarer.
 Seafarer recruitment and placement services shall conform to the standards
set out in the Code, some of which are as follows;
a) Maintain an up-to-date register of all seafarers recruited or placed
through them
b) Make sure that seafarers are informed of their rights and duties under
their employment agreements prior to joining
c) Make proper arrangements for seafarers to examine their employment
agreements before and after they are signed and give them a copy.
d) Verify that seafarers recruited or placed are qualified and hold the
documents necessary for the job concerned.
e) Ensure that the seafarers’ employment agreements are in accordance
with applicable laws and regulations and any collective bargaining
agreement that forms part of the employment agreement.
f) Examine and respond to any complaint concerning their activities and
advise the competent authority of any unresolved complaint.
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Title 2. Conditions Of Employment
Regulation 2.1 – Seafarers’ employment agreements

Purpose: To ensure that seafarers have a fair employment agreement
 The terms and conditions for employment of a seafarer shall be clearly

written down on a legally enforceable agreement, in accordance with the
standards set out in the Code.
 The agreements shall be agreed to by the seafarer with opportunity to
review and seek advice on the terms and conditions in the agreement.
 Seafarers’ employment agreements shall be understood to incorporate any
applicable collective bargaining agreements. If so, a copy of that CBA shall
be available on board.
 The agreement shall be signed by the seafarer and the shipowner (or his
representative) and each shall have a signed original of the same.
Regulation 2.2 – Wages

Purpose: To ensure that seafarers are paid for their services
 All seafarers shall be paid for their work regularly and in full in accordance
with their employment agreements.
 Wages shall be paid at no greater than monthly intervals.
 Seafarers shall be given a monthly account of the payments due and the
amounts paid, including wages, additional payments, deductions, etc.
 Shipowner must provide seafarers with a means to transmit all or part of
their earnings to their families or dependants. Any charges for this service
shall be a reasonable amount.
 The rate of currency exchange shall be the prevailing market rate and not
unfavourable to the seafarer.
Regulation 2.3 – Hours of work and hours of rest

Purpose: To ensure that seafarers have regulated hours of work or hours of rest
 Each Member shall ensure that the hours of work or hours of rest for
seafarers are regulated and for this, establish maximum hours of work or
minimum hours of rest over given periods that are consistent with the
provisions in the Code.
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 Normal working hours shall be based on an eight-hour day with one day of
rest per week and rest on public holidays, or as per any applicable CBA.
 Maximum hours of work shall not exceed:
(i) 14 hours in any 24-hour period; and
(ii) 72 hours in any seven-day period.
 Minimum hours of rest shall not be less than:
(i) ten hours in any 24-hour period; and
(ii) 77 hours in any seven-day period.
 Hours of rest may be divided into no more than two periods, one of which
shall be at least six hours in length, and the interval between consecutive
periods of rest shall not exceed 14 hours.
 Musters and drills shall be conducted in a manner that minimizes the
disturbance of rest periods and does not induce fatigue.
 When a seafarer is on call, such as on UMS ship, the seafarer shall have an
adequate compensatory rest period if the normal period of rest is disturbed
by call-outs to work.
 A table of shipboard working arrangement highlighting the maximum hours
of work or the minimum hours of rest shall be posted in an easily accessible
place.
 Records of seafarers’ daily hours of work or of their daily hours of rest shall
be maintained to allow monitoring of compliance. The seafarers shall
receive a copy of their rest hour’s records, endorsed by the master, or a
person authorized by the master.
 The master still has the right to require a seafarer to perform any hours of
work necessary for the immediate safety of the ship, persons on board or
cargo, or for the purpose of giving assistance to other ships or persons in
distress at sea. For this, the master may suspend the schedule of hours of
work or hours of rest and require a seafarer to perform any hours of work
necessary until the normal situation has been restored. As soon as
practicable after the normal situation has been restored, the master shall
ensure that any seafarers who have performed work in a scheduled rest
period are provided with an adequate period of rest.
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Regulation 2.4 – Entitlement to leave

Purpose: To ensure that seafarers have adequate leave
 Seafarers shall be given paid annual leave under appropriate conditions.

 Seafarers shall be granted shore leave to benefit their health and well-being.
 The annual leave with pay shall be calculated on the basis of a minimum of
2.5 calendar days per month of employment.
 A seafarer taking annual leave should be recalled only in cases of extreme
emergency and with the seafarer’s consent.
Regulation 2.5 – Repatriation

Purpose: To ensure that seafarers are able to return home
 Seafarers have a right to be repatriated at no cost to them.
 Appropriate financial security must be given to ensure that seafarers are
duly repatriated in accordance with the Code.
 Repatriation benefits are given when the seafarers’ employment agreement
expires abroad, or when it is terminated or when the seafarers are no longer
able to carry out their duties under their employment agreement.
 The maximum duration of service periods on board shall be less than 12
months, following which, a seafarer must be repatriated.
 All costs involved in the repatriation process must be borne by the
shipowner.
Regulation 2.6 – Seafarer compensation for the ship’s loss or foundering

Purpose: To ensure that seafarers are compensated when a ship is lost or has
foundered
 Seafarers are entitled to adequate compensation in the case of injury, loss
or unemployment arising from the ship’s loss or foundering.
 In such a case, the shipowner shall pay to each seafarer on board an
indemnity against unemployment resulting from such loss or foundering.
 The total indemnity payable to any one seafarer may be limited to two
months’ wages.
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Regulation 2.7 – Manning levels

Purpose: To ensure that seafarers work on board ships with sufficient personnel for
the safe, efficient and secure operation of the ship
 All ships must have a sufficient number of seafarers employed on board to

ensure that ships are operated safely, efficiently and with due regard to
security under all conditions, taking into account concerns about seafarer
fatigue and the particular nature and conditions of the voyage.
 Every ship shall be manned by a crew that is adequate, in terms of size and
qualifications, to ensure the safety and security of the ship and its
personnel, under all operating conditions, in accordance with the minimum
safe manning document, and to comply with the standards of this
Convention.
Regulation 2.8 – Career and skill development and opportunities for seafarers’
employment
Purpose: To promote career and skill development and employment opportunities
for seafarers
 National policies shall be made that encourage career and skill development
and employment opportunities for seafarers, in order to provide the
maritime sector with a stable and competent workforce.
 The aim of the policies shall be to help seafarers strengthen their
competencies, qualifications and employment opportunities.
 Provisions shall be made for the vocational guidance, education and training
of seafarers whose duties on board ship primarily relate to the safe
operation and navigation of the ship, including onboard training.
Title 3. Accommodation, Recreational Facilities, Food And Catering
Regulation 3.1 – Accommodation and recreational facilities

Purpose: To ensure that seafarers have decent accommodation and recreational
facilities on board
 Shipowners must provide and maintain decent accommodations and
recreational facilities for seafarers on board, consistent with promoting the
seafarers’ health and well-being.
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 The requirements which relate to ship construction and equipment apply

only to ships constructed on or after the date when MLC came into force.
For ships constructed before that date, the older requirements prevail.
 There shall be adequate headroom in all seafarer accommodation. The
minimum permitted headroom shall be not less than 203 cm. (198cm earlier)
 The accommodation shall be adequately insulated.
 Proper lighting and sufficient drainage shall be provided.
 An individual sleeping room shall be provided for each seafarer.
 Berth dimensions shall be at least 198 x 80 cm.
 Atleast one toilet, one wash basin and one tub or shower for every six
persons or less shall be provided.
 Each sleeping room shall be provided with a washbasin having hot and cold
running fresh water.
 Each sleeping room shall be provided with a cloth locker and drawer of 500
litres combined capacity with means of locking
 Each sleeping room shall be provided with a table or desk, with comfortable
seating arrangement.
 Ships carrying 15 or more seafarers and engaged in a voyage of more than
three days’ duration shall provide separate hospital accommodation to be
used exclusively for medical purposes.
 Appropriately situated and furnished laundry facilities shall be available.
 All ships shall be provided with separate offices or a common ship’s office
for use by deck and engine departments.
 Frequent inspections must be carried out on board ships, by or under the
authority of the master, to ensure that seafarer accommodation is clean,
decently habitable and maintained in a good state of repair. The results of
each such inspection shall be recorded and be available for review.
 There are separate rules set out for passenger ships.
Regulation 3.2 – Food and catering

Purpose: To ensure that seafarers have access to good quality food and drinking
water provided under regulated hygienic conditions
 Food and drinking water onboard shall be of appropriate quality, nutritional

value and quantity, taking into account cultural and religious backgrounds.
 Food should be provided free of charge to the seafarer during the period of
engagement.
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 Seafarers employed as ships’ cooks with responsibility for food preparation

must be trained and qualified for their position on board ship. No seafarer
under the age of 18 shall be employed as a ship’s cook.
 In order to ensure compliance, frequent documented inspections must be
carried out on board ships, by or under the authority of the master, with
respect to:
a) supplies of food and drinking water
b) all spaces and equipment used for the storage and handling of food and
drinking water.
c) galley and other equipment for the preparation and service of meals.
Title 4. Health Protection, Medical Care, Welfare And Social Security

Protection
Regulation 4.1 – Medical care on board ship and ashore

Purpose: To protect the health of seafarers and ensure their prompt access to
medical care on board ship and ashore
 All seafarers on ships must be covered by adequate measures for the
protection of their health and shall have access to adequate medical care
while on board, with no cost to the seafarers.
 On-board health protection and medical care shall provide seafarers with
health protection as closely as possible to that which is generally available
to workers ashore.
 Flag State shall adopt laws and regulations to establish requirements for on-
board hospital and medical care facilities and equipment and training.
 All ships shall carry onboard, a medicine chest, medical equipment and a
medical guide, taking into account the type of ship, the number of persons
on board and the nature, destination and duration of voyages and relevant
national and international recommended medical standards.
 Ships carrying 100 or more persons and engaged on international voyages
of more than three days’ duration shall carry a qualified medical doctor.
 Ships which do not carry a medical doctor shall have atleast one seafarer on
board who is in charge of medical care or at least one seafarer competent to
provide medical first aid, with required training and certification.
 Medical advice by radio or satellite communication, including specialist
advice must be available 24 hours a day.
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Regulation 4.2 – Shipowners’ liability

Purpose: To ensure that seafarers are protected from the financial consequences of
sickness, injury or death occurring in connection with their employment.
 Shipowners are responsible for health protection and medical care of all
seafarers working on board the ships. They shall be liable to bear the costs
for seafarers working on their ships in respect of sickness and injury of the
seafarers occurring during the period of engagement.
 Shipowners shall provide financial security to assure compensation in the
event of the death or long-term disability of seafarers due to an
occupational injury, illness or hazard.
 Shipowners shall be liable to pay the medical expense until the sick or
injured seafarer has recovered, or until the sickness or incapacity has been
declared of a permanent character.
 Shipowners shall be liable to pay the cost of burial expenses in the case of
death occurring during the period of engagement.
 The liability of the shipowner may be limited to pay the medical expense for
a period of atleast 16 weeks from the day of the injury or commencement of
the sickness.
 Shipowner may escape liability if injury incurred otherwise than in the
service of the ship or due to willful misconduct of the seafarer.
 Shipowners or their representatives shall take measures for safeguarding
property left on board by sick, injured or deceased seafarers and for
returning it to them or to their next of kin.
Regulation 4.3 – Health and safety protection and accident prevention

Purpose: To ensure that seafarers’ work environment on board ships promotes
occupational safety and health.
 Seafarers on ships shall be provided with occupational health protection
and shall live, work and train on board ship in a safe and hygienic
environment.
 Reasonable precautions must be taken to prevent occupational accidents,
injuries and diseases on board ship.
 There must be provisions for inspecting, reporting and correcting unsafe
conditions and for investigating and reporting on-board occupational
accidents.
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Regulation 4.4 – Access to shore-based welfare facilities

Purpose: To ensure that seafarers working on board a ship have access to shore-
based facilities and services to secure their health and well-being
 Shore-based welfare facilities, where they exist, shall be easily accessible.

 Welfare facilities shall be provided in designated ports to provide seafarers
on ships with access to adequate welfare facilities and services, irrespective
of nationality, race, colour, sex, religion, etc.
 Seafarer welfare boards may be formed to regularly review welfare facilities
and services.
Regulation 4.5 – Social security

Purpose: To ensure that measures are taken with a view to providing seafarers with
access to social security protection
 All seafarers and their dependants have access to social security protection
in accordance with the Code.
 The branches to be considered with a view to achieving progressively
comprehensive social security protection are:
Medical care, sickness benefit, unemployment benefit, old-age benefit,
employment injury benefit, family benefit, maternity benefit, invalidity
benefit and survivors’ benefit.
 Atleast three of the above 9 benefits shall be given.
 Fair and effective procedures for the settlement of disputes must be
established.
Title 5. Compliance And Enforcement

 The Regulations in this Title specify each Member’s responsibility to fully
implement and enforce the principles and rights set out in the Articles of
this Convention as well as the particular regulations provided under its
titles.
 Each Member shall implement its responsibilities as per Part A of the Code,
giving due consideration to the corresponding Guidelines in Part B.
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Regulation 5.1 – Flag State responsibilities

Purpose: To ensure that each Member implements its responsibilities under this
Convention with respect to ships that fly its flag
 Each Member is responsible for ensuring implementation of the obligations
under this Convention on ships that fly its flag.
 Each Member shall establish an effective system for the inspection and
certification of maritime labour conditions, ensuring that the working and
living conditions for seafarers meet, and continue to meet, the standards in
this Convention. The Member State may authorize recognized organizations
to independently carry out inspections and issue certificates. In all cases, the
Member shall remain fully responsible for the inspection and certification.
 Each Member shall require all ships that fly its flag to have a copy of the
Convention available on board.
 Each Member shall verify, by a system of regular inspections, monitoring
and other control measures that the requirements for working and living
conditions for seafarers are met. A sufficient number of qualified inspectors
(or RO) must be appointed to fulfill these responsibilities.
 Member state must ensure that the inspectors have the training,
competence, powers, status and independence necessary to carry out the
verification and ensure compliance.
 Flag State inspections shall take place at the intervals not exceeding 3 years.
 If a Member receives a complaint or obtains evidence that a ship that flies
its flag does not conform to the requirements, or when serious deficiencies
are found, the Member shall take the steps necessary to investigate the
matter and ensure that action is taken to remedy any deficiencies found.
The inspector shall treat any grievance/complaint as confidential.
 In case of a marine casualty leading to injury or loss of life, each Flag State
so involved, shall hold an official inquiry, the final report of which shall
normally be made public.
 The Flag State shall give the inspectors clear guidelines as to the tasks to be
performed and provide them with proper credentials. They shall be
empowered to board a ship that flies the Member’s flag and to carry out
any examination, test or inquiry which they may consider necessary in order
to satisfy themselves that the standards are being strictly observed.
 They must be empowered to require that any deficiency is remedied and,
where they have grounds to believe that deficiencies constitute a serious
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breach of the requirements, to prohibit a ship from leaving port until

necessary actions are taken.
 Inspectors shall have the discretion to give advice instead of detaining the
ship, when there is no clear breach of the requirements and where there is
no prior history of similar breaches.
 Inspectors shall submit a report of each inspection to the competent
authority and one copy to the master of the ship. Another copy shall be
posted on the ship’s notice board for the information of the seafarers.
 The Flag State shall maintain records of inspections of the conditions for
seafarers on ships that fly its flag. It shall publish an annual report on
inspection activities within a reasonable time, not exceeding six months,
after the end of the year.
 When an inspection is conducted or when corrective measures are taken, all
reasonable efforts shall be made to avoid a ship being unreasonably
detained or delayed.
 The Flag State shall carry out proper inspection and verification of
compliance prior to the issuance, renewal or withdrawal of maritime labour
certificate and prior to drawing up the DMLC Part 1.
 The Flag State must respond to requests for information about their ships
from PSC authorities.
 Any Flag State inspection must ensure proper living and working conditions
for the seafarers, validity of the certificate and other documents such as
standard shipboard working arrangement table, medical chest certificate,
medical reports, rest hours record, complaint handling procedures, etc.
CERTIFICATION:
 A maritime labour certificate, complemented by a declaration of maritime
labour compliance (DMLC), shall constitute prima facie evidence that the
ship has been duly inspected by the Member and that the requirements of
this Convention have been met.
 The above requirement is applicable for all ships of 500 GT or over, engaged
in international voyages, and those flying the flag of a Member and
operating from a port, or between ports, in another country.
 The maritime labour certificate shall be issued to a ship by the competent
authority, or by a RO duly authorized for this purpose, for a period which
shall not exceed five years.
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 Where the Member State or a RO, has ascertained through inspection that a
ship meets or continues to meet the standards of this Convention, it shall
issue or renew a maritime labour certificate to that effect and maintain a
publicly available record of that certificate.
 The validity of the maritime labour certificate shall be subject to an
intermediate inspection to ensure continuing compliance with the national
requirements implementing this Convention. It shall take place between the
second and third anniversary dates of the certificate and shall be endorsed
on the certificate.
 A maritime labour certificate may be issued on an interim basis:
a) to new ships on delivery;
b) when a ship changes flag or ship-owner.
 An interim maritime labour certificate may be issued for a period not
exceeding six months, after the ship has been inspected and the shipowner
has demonstrated that the ship has adequate procedures to comply with
the Convention.
 The declaration of maritime labour compliance shall be attached to the
maritime labour certificate. It shall have two parts:
Part I shall be drawn up by the competent authority which shall:
a) identify the list of matters to be inspected
b) identify national requirements for relevant provisions of the Convention
c) refer to ship-type specific requirements under national legislation
d) record any substantially equivalent provisions adopted
e) clearly indicate any exemption granted by the competent authority
Part II shall be drawn up by the shipowner and shall identify the measures
adopted to ensure ongoing compliance with the national requirements
between inspections and the measures proposed to ensure that there is
continuous improvement. This part shall be certified by the competent
authority.
 A MLC certificate shall cease to be valid in any of the following cases:
a) If relevant inspections are not completed within the required periods.
b) If the certificate is not endorsed as required.
c) When a ship changes flag or shipowner
d) When substantial changes have been made to the structure or
equipment covered under Title 3.
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 A maritime labour certificate shall be withdrawn if there is evidence that the

ship concerned does not comply with the requirements of this Convention
and any required corrective action has not been taken.
ON-BOARD COMPLAINT PROCEDURES
 All ships must have on-board procedures for the fair, effective and
expeditious handling of seafarer complaints alleging breaches of the
requirements of this Convention (including seafarers’ rights).
 Each Member shall prohibit and penalize any kind of ‘victimization’ of a
seafarer for filing a complaint.
 Any on-board complaint procedure shall seek to resolve complaints at the
lowest level possible. However, in all cases, seafarers shall have a right to
complain directly to the master and, where they consider it necessary, to
appropriate external authorities.
 The on-board complaint procedures shall include the right of the seafarer to
be accompanied or represented during the complaints procedure, as well as
safeguards against the possibility of victimization of seafarers for filing
complaints. The term “victimization” covers any adverse action taken by
any person with respect to a seafarer for lodging a complaint.
 All seafarers shall be provided with a copy of the on-board complaint
procedures applicable on the ship. This shall include contact information for
the competent authority in the flag State and other shore-based parties.
 In general, complaints should be addressed to the head of the department
of the seafarer lodging the complaint. The HOD should then attempt to
resolve the matter within prescribed time limits. If the HOD cannot resolve
the complaint to the satisfaction of the seafarer, the latter may refer it to
the master, who should handle the matter personally. If a complaint cannot
be resolved on board, it should be referred ashore to the shipowner, who
must be given an appropriate time limit for resolving the matter.
 In all cases seafarers should have a right to file their complaints directly with
the master and the shipowner and competent authorities.
 All complaints and the decisions on them should be recorded and a copy
provided to the seafarer concerned.
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PORT STATE RESPONSIBILITIES

Purpose: To enable each Member to implement its responsibilities under this
Convention regarding international cooperation in the implementation and
enforcement of the Convention standards on foreign ships
 Every foreign ship calling the port of a Member may be subject to MLC
inspection for the purpose of reviewing compliance with the requirements
of the Convention (including seafarers’ rights) relating to the working and
living conditions of seafarers on the ship.
 Inspections in a port shall be carried out by authorized officers or Port State
control inspectors of the State. The aim of the inspection shall be
monitoring ships to help ensure that the working and living conditions for
seafarers on ships entering a port of the Member concerned meet the
requirements of this Convention.
 Each Member shall accept the maritime labour certificate and the
declaration of maritime labour compliance as prima facie evidence of
compliance with the requirements of this Convention. Accordingly, the
inspection in its ports shall be limited to a review of the certificate and
declaration.
 In the following cases, inspector can carry out a more detailed inspection -
a) When the required documents are not produced or maintained or are
falsely maintained or that the documents produced do not contain the
information required by this Convention or are otherwise invalid.
b) When there are clear grounds for believing that the working and living
conditions on the ship do not conform to the requirements of this
Convention.
c) When there are reasonable grounds to believe that the ship has changed
flag for the purpose of avoiding compliance with this Convention
d) When there is a complaint alleging that specific working and living
conditions on the ship do not conform to the MLC requirements.
 Such inspection shall in any case be carried out where the working and living
conditions could be a clear hazard to the safety, health or security of
seafarers or where there is a serious breach of the requirements.
 In the case of a complaint, the inspection shall generally be limited to
matters within the scope of the complaint, although a complaint, or its
investigation, may provide clear grounds for a detailed inspection.
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 Where, following a more detailed inspection, the working and living

conditions on the ship are found not to conform to the requirements of this
Convention, the authorized officer shall forthwith bring the deficiencies to
the attention of the master of the ship, with required deadlines for their
rectification. In the event that such deficiencies are considered to be
significant, or if they relate to a complaint made, the authorized officer shall
bring the deficiencies to the attention of the appropriate seafarers’ and
shipowners’ organizations in the Member State in which the inspection is
carried out. He may notify a representative of the flag State and provide the
competent authorities of the next port of call with the relevant information.
 Where, following a more detailed inspection, a serious or repeated breach
of the requirements is observed, the authorized officer shall take steps to
ensure that the ship shall not proceed to sea until the deficiencies have
been rectified, or until the authorized officer has accepted a plan of action
to rectify such non-conformities.
 If the ship is detained, the authorized officer shall notify the flag State
accordingly and invite a representative of the flag State to be present, if
possible, requesting the flag State to reply within a prescribed deadline. The
authorized officer shall also inform appropriate shipowners’ and seafarers’
organizations in the port State in which the inspection was carried out.
 When implementing their responsibilities, each Member shall make all
possible efforts to avoid a ship being unduly detained or delayed. If a ship is
found to be unduly detained or delayed, compensation shall be paid for any
loss or damage suffered.
LABOUR-SUPPLYING RESPONSIBILITIES
Purpose: To ensure that each Member implements its responsibilities under this
Convention as pertaining to seafarer recruitment and placement and the social
protection of its seafarers
 Along with the responsibility for the working and living conditions of
seafarers, the Member also has a responsibility to ensure the
implementation of the requirements of this Convention regarding the
recruitment and placement of seafarers as well as the social security
protection of seafarers.
 Each Member shall establish an effective inspection and monitoring system
for enforcing its labour-supplying responsibilities under this Convention.
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ITEMS COVERED UNDER MLC INSPECTION
 Minimum age
 Medical certification
 Qualifications of seafarers
 Seafarers’ employment agreements
 Use of any licensed or certified or regulated private recruitment and
placement service
 Hours of work or rest
 Manning levels for the ship
 Accommodation
 On-board recreational facilities
 Food and catering
 Health and safety and accident prevention
 On-board medical care
 On-board complaint procedures
 Payment of wages
Why was MLC adopted???

 The MLC, 2006 was adopted by government, employer and worker
representatives at a special ILO Conference, to provide international
standards for the world’s first genuinely global industry. Widely known as
the “seafarers bill of rights” it is unique in its effect on both seafarers and
quality ship owners.
 Some seafarers often had to work under unacceptable conditions, which
were bad for their well-being, health and safety as well as bad for the safety
of the ships on which they worked. To address this issue and many others,
MLC was adopted to improve the working and living conditions of the
seafarers.
 It addresses many issues concerned with the seafarers' rights such as
decent working and living conditions, minimum age, employment
agreements, hours of work or rest, payment of wages, paid annual leave,
repatriation at the end of contract, onboard medical care, the use of
licensed private recruitment and placement services, accommodation, food
and catering, health and safety, social security protection, occupational
health and safety, accident prevention, seafarers’ complaint handling, etc.
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 It was designed to be applicable globally, easy to understand, readily

updatable and uniformly enforced and has so become the "fourth pillar" of
the international law of the International Maritime Organization (IMO).
MLC Amendments - 2014 Amendments – Financial security

 The Member State shall ensure the provision of an expeditious and effective
financial security system to assist seafarers in the event of their
abandonment.
 A seafarer shall be deemed to have been abandoned where the shipowner:
a) fails to cover the cost of the seafarer’s repatriation
b) has left the seafarer without the necessary maintenance and support
c) has failed to pay contractual wages for a period of at least two months
 The financial security system may be in the form of a social security scheme
or insurance or a national fund or other similar arrangements.
 The financial security system shall provide direct access, sufficient coverage
and expedited financial assistance, to any abandoned seafarer.
 Each ship shall carry on board a certificate or other documentary evidence
of financial security issued by the financial security provider. A copy shall be
posted in a conspicuous place on board accessible to the seafarers.
MLC Amendments - 2016 Amendments

 Where a renewal inspection is completed prior to the expiry of a maritime
labour certificate, and the ship is continues to be in compliance to the
Convention, but a new certificate cannot immediately be issued and made
available on board, then the competent authority may extend the validity of
the certificate for a further period not exceeding five months from the
expiry date of the existing certificate. This extended date shall be endorsed
on the certificate accordingly.
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MARITIME LAW BWM Convention
BALLAST WATER MANAGEMENT (BWM)

CONVENTION
International Convention for the Control and Management of Ships' Ballast
Water and Sediments (BWM)

 Shipping moves more than 80% of the world’s commodities, transferring 10
billion tons of ballast water a year. Numerous different species of microbes,
marine plants and animals (harmful aquatic organisms and pathogens) may
be carried in ballast water. The effects of the introduction of new species
have in many areas of the world been devastating.
 Ballast water of one place discharged into another can spread harmful
organisms, upset ecological balance and affect the food chain. It can also
damage infrastructure and human health. Quantitative data show the rate
of bio-invasions is continuing to increase at an alarming rate. As the volumes
of seaborne trade continue overall to increase, the problem may not yet
have reached its peak.
 With this in mind, the BWM Convention, adopted in 2004, aims to prevent
the spread of harmful aquatic organisms from one region to another, by
establishing standards and procedures for the management and control of
ships' ballast water and sediments.
 Under the Convention, all ships in international traffic are required to
manage their ballast water and sediments to a certain standard, according
to a ship-specific ballast water management plan.
 All ships will also have to carry a ballast water record book and an
international ballast water management certificate. The ballast water
management standards will be phased in over a period of time. As an
intermediate solution, ships should exchange ballast water mid-ocean.
However, eventually most ships will need to install an on-board ballast
water treatment system. A number of guidelines have been developed to
facilitate the implementation of the Convention.
 The Convention is divided into Articles; and an Annex which includes
technical standards and requirements for the control and management of
ships' ballast water and sediments.
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 Parties to the Convention must take measures in order to prevent, minimize

and ultimately eliminate the transfer of harmful aquatic organisms and
pathogens through the control and management of ships' ballast water and
sediments. For this, parties are given the right to take, individually or jointly
with other Parties, more stringent measures as required.
 Parties should ensure that ballast water management practices do not
cause greater harm than they prevent, to the environment, human health,
property or resources.
 Parties must ensure that ports and terminals where cleaning or repair of
ballast tanks occurs have adequate reception facilities for the reception of
sediments.
 Parties individually or jointly must promote and facilitate scientific and
technical research on ballast water management and monitor the effects of
ballast water management in waters under their jurisdiction.
 Under this Convention, ships are required to be surveyed and certified and
may be inspected by PSC officers, who can verify that the ship has a valid
certificate, inspect the Ballast Water Record Book, and/or sample the ballast
water. If there are concerns, then a detailed inspection may be carried out
and the Party carrying out the inspection shall take such steps as will ensure
that the ship shall not discharge Ballast Water until it can do so without
presenting a threat of harm to the environment, human health, property or
resources. All possible efforts shall be made to avoid a ship being unduly
detained or delayed.
 Ships must have on board and implement a Ballast Water Management Plan
approved by the Administration. The Ballast Water Management Plan is
specific to each ship and includes a detailed description of the actions to be
taken to implement the Ballast Water Management requirements and
supplemental Ballast Water Management practices.
 Ships must have a Ballast Water Record Book to record when ballast water
is taken on board; circulated or treated for Ballast Water Management
purposes; and discharged into the sea. It should also record when Ballast
Water is discharged to a reception facility and accidental or other
exceptional discharges of Ballast Water.
 Under the regulation for Ballast Water Exchange, all ships using ballast
water exchange should whenever possible, conduct ballast water exchange
at least 200 nautical miles from the nearest land and in water at least 200
metres in depth, taking into account Guidelines developed by IMO. In cases
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where the above criteria is not possible, exchange should be carried out as
far from the nearest land as possible, and in all cases at least 50 nautical
miles from the nearest land and in water at least 200 metres in depth. When
these requirements cannot be met, areas may be designated where ships
can conduct ballast water exchange.
 All ships shall remove and dispose of sediments from ballast tanks as per
the ships' ballast water management plan.
BALLAST WATER MANAGEMENT PLAN:
 BWMP is required for all ships of 400 GT and above.

 It must be ship-specific and approved by Administration.
 It is required to assist the ship in complying with the International
regulations in minimizing the risk of the transfer of harmful aquatic
organisms and pathogens in ship’s ballast water and sediments.
 It must be written in working language of the ship. If this is not English,
French or Spanish, a translation in one of these languages must be included.
 It must have detailed procedures for ship and crew in BW management.
 It must describe actions to be taken to implement the plan effectively.
 It must have detailed procedure for discharge of sediments at sea & shore.
 It must designate the BWM officer incharge of BW operations.
 It must contain reporting requirements as per the Convention.
 It must contain ship particulars and BW arrangements and procedures.
 It must show BW sampling points.
 It must have crew training records and assign duties to BW officer incharge.
 It must have a BW reporting form and BW handling log.
 It must have a BW exchange log and National BWM requirements.
BALLAST WATER RECORD BOOK:
 BW Record Book is required for all ships of 400 GT and above.

 Each ship must have a BW Record Book or an electronic record system.
 It must be maintained for atleast 2 years after the date of last entry, and
thereafter in company control for another 3 years.
 It must contain all the entries regarding ballasting, deballasting, ballast
exchange or BW treatment, etc.
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STANDARDS FOR BALLAST WATER MANAGEMENT

There is a ‘ballast water exchange standard’ and a ‘ballast water performance
standard’. Ballast water exchange could be used to meet the performance
standard:
Ballast Water Exchange Standard –

 Ships performing Ballast Water exchange shall do so with an efficiency of
95% volumetric exchange of Ballast Water.
 For ships exchanging ballast water by the pumping-through method,
pumping through three times the volume of each ballast water tank shall be
considered to meet the standard described. Pumping through less than
three times the volume may be accepted provided the ship can
demonstrate that at least 95 percent volumetric exchange is met.
Ballast Water Performance Standard –

 Ships conducting ballast water management shall discharge
a. Less than 10 viable organisms / m3 – 50 micrometres or greater.
b. Less than 10 viable organisms / ml – 10 to less than 50 micrometres.
 Ballast Water Management systems must be approved by the
Administration in accordance with IMO Guidelines. These include systems
which make use of chemicals or biocides; make use of organisms or
biological mechanisms; or which alter the chemical or physical
characteristics of the Ballast Water.
 IMO is required to review the Ballast Water Performance Standard, taking
into account a number of criteria including safety considerations,
environmental acceptability, practicability, cost effectiveness, etc. The
review should include a determination of whether appropriate technologies
are available to achieve the standard and an assessment of the above
mentioned criteria.
BALLAST WATER MANAGEMENT CERTIFICATE
 It is valid for a period of not more than 5 years, and is subject to Annual,
Intermediate and renewal surveys.
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BALLAST WATER EXCHANGE METHODS:
Exchange of ballast water can be done by one or more of the following methods,
as specified in the BWM Plan of the ship.
1. Flow Through Method – In this method, each tank is overflown so as to
overflow it 3 times the volume of water in the tank. it is also called pumping
through method.
2. Sequential Method – In this method, ballast is pumped out as much as the
pump possibly can and the tank is again filled with ballast water so as to
achieve the required 95% volumetric exchange. It is also called empty and
refill method.
3. Dilution method – In this method, the replacement ballast water is filled
through the top of the ballast tank with simultaneous discharge from the
bottom, at the same flow rate and maintaining a constant level in the tank
throughout the operation.
BALLAST WATER TREATMENT METHOD:
Instead of carrying of ballast water exchange, a ship may treat the ballast water
using approved ‘Ballast water treatment system’ that meets the standards of the
Convention. The treatment system can be of one or more of the following types:
1. Mechanical Treatment – like filtration and separation.
2. Physical Treatment – like sterilization by ozone, UV light, electric currents,
heat treatment, etc.
3. Chemical Treatment – such as adding biocides to kill organisms.
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SEDIMENT MANAGEMENT:
 All ships shall remove and dispose of sediments from ballast spaces in
accordance with the BWM Plan.
 Ship’s design and construction shall be such as to facilitate removal of
sediments and minimize undesirable sediments.
 Access shall be available for the removal of the sediments.
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MARITIME LAW AFS CONVENTION
ANTI-FOULING SYSTEM (AFS) CONVENTION
International Convention on the Control of Harmful Anti-fouling Systems on

Ships
 This Convention was adopted in 2001 and entered into force in 2008.
 The Convention prohibits the use of harmful substances in anti-fouling
paints that are used on ships. It also establishes a mechanism to prevent the
potential future use of other harmful substances in anti-fouling systems.
 Anti-fouling paints are used to coat the bottoms of ships to prevent sea-life
such as algae attaching themselves to the hull – thereby slowing down the
ship and increasing fuel consumption.
 Modern chemical industries have developed effective anti-fouling paints
using metallic compounds, which slowly "leach" into the sea water, killing
barnacles and other marine life that have attached to the ship. But studies
have shown that these compounds remain in the water, killing sea-life,
harming the environment and possibly entering the food chain.
 Under the terms of the AFS Convention, Parties to the Convention are
required to prohibit and/or restrict the use of harmful anti-fouling systems
on ships flying their flag, as well as all ships that enter a port, shipyard or
offshore terminal of a Party.
 Anti-fouling systems to be prohibited or controlled are listed in an Annex to
the Convention, which is updated as and when necessary.
 The Convention includes a clause which states that a ship shall be entitled to
compensation if it is unduly detained or delayed while undergoing
inspection for possible violations of the Convention.
 The Convention applies to all ships (including fixed and floating platforms,
floating storage units (FSUs), and Floating Production Storage and
Offloading units (FPSOs).
 The Convention provides for the establishment of a “technical group”, to
include people with relevant expertise, to review, prohibit or restrict other
substances used in anti-fouling systems.
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MARITIME LAW AFS CONVENTION
BAN ON USE OF T.B.T. IN ANTI FOULING PAINTS
 Environmental studies provided evidence that organotin compounds persist

in the water and in sediments, killing sea-life other than that attached to the
hulls of ships and possibly entering the food chain.
 Tributyltin or TBT, a biocide which came into being in the 1970’s had brilliant
anti fouling properties over ship’s hull as it prevents the growth of algae,
barnacles and other marine organisms, but had following side-effects:
1. TBT’s harmful effect causes disruption of endocrine system of marine
shell fish which leads to the development of male sex characteristics in
female snails.
2. It results in mal-formations of the shell of shellfish.
3. It impairs the immune system of organisms.
4. It has other genetic affects in other marine species.
 TBT has been described as the most toxic substance ever deliberately
introduced into the marine environment. Used as a fungicide, bactericide,
insecticide and wood preservative, it is known to be harmful to a range of
aquatic organism. The main problem was its persistence in the marine
environment.
 As a result, IMO in 1990 adopted a resolution recommending governments
to adopt measures to eliminate anti-fouling paints containing TBT.
 In 1999, IMO adopted an Assembly resolution that called on the MEPC to
develop an instrument, legally binding throughout the world, to address the
harmful effects of anti-fouling systems used on ships.
 The resolution called for a global prohibition on the application of organotin
compounds which act as biocides in anti-fouling systems on ships by 1
January 2003, and a complete prohibition by 1 January 2008.
 Since the ban on Anti-fouling paints of TBT-type, several types of anti-
fouling paints have come to the market. As the rules of IMO regarding anti-
fouling paints become stringent day after day, the paints have become
more environmental friendly with least effect on the marine environment.
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MARITIME LAW NAIROBI WRECK CONVENTION
NAIROBI WRECK CONVENTION
Nairobi International Convention on the Removal of Wrecks
 The Convention was adopted by an international conference held in Nairobi,

Capital of Kenya, in 2007. It entered into force in 2015.
 The Convention provides the legal basis for States to remove, or have
removed, shipwrecks that may have the potential to affect adversely the
safety of lives, goods and property at sea, as well as the marine
environment.
 The Convention provides the first set of uniform international rules aimed at
ensuring the prompt and effective removal of wrecks located beyond the
territorial sea.
 Although the incidence of marine casualties has decreased dramatically in
recent years, the number of abandoned wrecks worldwide has reportedly
increased and, as a result, the problems they cause to coastal States and
shipping in general have become more acute. The problems faced by
Coastal States with respect to these wrecks are three-fold:
1. Depending on location, a wreck may constitute a hazard to navigation,
potentially endangering other vessels and their crews.
2. Depending on the nature of the cargo, a wreck may cause substantial
damage to the marine and coastal environments.
3. The issue of the costs involved in the marking and removal of hazardous
wrecks.
 The Nairobi Wreck Convention attempts to resolve all of these and other,
related, issues.
 The Convention makes the ship owners financially liable and requires them
to take out insurance or provide other financial security to cover the costs
of wreck removal. It also provides the States with a right of direct action
against insurers.
 The Convention applies to all wrecks in the ‘Convention Area’. This
Convention shall not apply to any warship or other Government owned
ships used only on Government noncommercial service, unless that State
decides otherwise.
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 The various ‘Articles’ in the Convention cover:

1. Reporting and locating ships and wrecks - covering the reporting of
casualties to the nearest coastal State; warnings to mariners and coastal
States about the wreck; and action by the coastal State to locate the ship
or wreck;
2. Criteria for determining the hazard posed by wrecks, including depth of
water above the wreck, proximity of shipping routes, traffic density and
frequency, type of traffic and vulnerability of port facilities.
3. Environmental criteria such as damage likely to result from the release
into the marine environment of cargo or oil.
4. Measures to facilitate the removal of wrecks, including rights and
obligations to remove hazardous ships and wrecks - which sets out when
the shipowner is responsible for removing the wreck and when a State
may intervene.
5. Liability of the owner for the costs of locating, marking and removing
ships and wrecks - the registered shipowner is required to maintain
compulsory insurance or other financial security to cover his liability
under the convention.
6. Settlement of disputes.
DEFINITIONS:
 “Convention area” means the exclusive economic zone of a State Party,
established in accordance with international law or, if a State Party has not
established such a zone, an area beyond the territorial sea not extending
more than 200 nautical miles from the baseline.
 “Maritime casualty” means a collision of ships, stranding or other incident
of navigation, or other occurrence on board a ship or external to it, resulting
in material damage or threat of material damage to a ship or its cargo.
 “Wreck”, following upon a maritime casualty, means
a) a sunken or stranded ship or any part of it, including any object that is or
has been on board such a ship
b) any object that is lost at sea from a ship and that is stranded, sunken or
adrift at sea
c) a ship that is about to sink or strand, or may do so, where effective
measures to assist the ship or any property in danger are not already
being taken.
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REPORTING WRECKS
 A State Party shall require the Master or the operator of a ship flying its flag
to report to the Affected State without delay when that ship has been
involved in a maritime casualty resulting in a wreck.
 Such reports shall provide the name and the principal place of business of
the registered owner and all the relevant information necessary for the
Affected State to determine if the wreck poses a hazard. This includes,
a) the precise location of the wreck
b) the type, size and construction of the wreck
c) the nature of the damage and condition of the wreck
d) the nature and quantity of the cargo, in particular any hazardous and
noxious substances
e) the amount and types of oil, including FO, DO and LO on board.
DETERMINATION OF HAZARD
 When determining whether a wreck poses a hazard, the following criteria

should be taken into account by the Affected State:
a) The type, size and construction of the wreck
b) Depth of the water in the area
c) Tidal range and currents in the area
d) If area is a PSSA or a clearly defined EEZ
e) Proximity of shipping routes or established traffic lanes
f) Traffic density and type of traffic
g) Nature and quantity of the wreck’s cargo, the amount and types of oils
on board the wreck and danger to marine environment
h) Vulnerability of port facilities
i) Prevailing meteorological and hydrographical conditions
j) Height of the wreck above or below the surface of the water at lowest
astronomical tide
k) Proximity of offshore installations, pipelines, telecommunications cables
and similar structures
l) Any other circumstances that might necessitate the removal of the
wreck.
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LOCATING WRECKS
 Upon becoming aware of a wreck, the Affected State shall use all
practicable means to warn mariners and the States concerned of the nature
and location of the wreck as a matter of urgency.
 If the Affected State has reason to believe that a wreck poses a hazard, it
shall ensure that all practicable steps are taken to establish the precise
location of the wreck.
MARKING OF WRECKS
 If the Affected State determines that a wreck constitutes a hazard, that

State shall ensure that all reasonable steps are taken to mark the wreck.
 In marking the wreck, all practicable steps shall be taken to ensure that the
markings conform to the internationally accepted system of buoyage in use,
in the area where the wreck is located.
 The Affected State shall broadcast the particulars of the marking of the
wreck by use of all appropriate means, including the appropriate nautical
publications.
MEASURES TO FACILITATE THE REMOVAL OF WRECKS
 If the Affected State determines that a wreck constitutes a hazard, that

State shall immediately inform the State of the ship’s registry and the
registered owner. It shall consult the State of the ship’s registry and other
States affected by the wreck regarding measures to be taken in relation to
the wreck.
 The registered owner shall remove a wreck determined to constitute a
hazard.
 The registered owner, or other interested party, shall provide the
competent authority of the Affected State with evidence of insurance or
other financial security as required.
 The registered owner may contract with any salvor or other person to
remove the wreck on his behalf. Before such removal commences, the
Affected State may lay down conditions for such removal w.r.t. safety and
protection of the marine environment.
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 The Affected State shall set a reasonable deadline and inform the Owner
about this in writing. The registered owner must remove the wreck within
this deadline. If the registered owner does not remove the wreck within
that deadline, the Affected State may remove the wreck at the registered
owner’s expense.
 In circumstances where immediate action is required, the Affected State
may remove the wreck himself by the most practical and speedy means
available, consistent with considerations of safety and environmental
protection.
LIABILITY OF THE OWNER
 The owner shall be liable for the costs of locating, marking and removing
the wreck, unless he proves that the maritime casualty that caused the
wreck was due to the following circumstances:
a) Act of God
b) Act of War, hostilities, civil war, etc.
c) Act done by a Third Party with intent to cause damage
d) Negligence of Government or other authority responsible for the
maintenance of lights or other navigational aids
e) If liability conflicts with the following convention,
f) CLC Convention
g) HNS Convention
h) CLC Bunker Convention
i) Vienna Convention on Civil Liability for Nuclear Damage
j) Convention on third party liability in the field of nuclear energy.
 The registered owner shall be able to limit his liability under any applicable
national or international law, such as the LLMC.
 This convention shall not apply to compensation payable to salvors if the
work done by them is considered to be Salvage under National or
International law.
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COMPULSORY INSURANCE OR OTHER FINANCIAL SECURITY
 A ship of 300 GT and above is required to maintain insurance or other

financial security, such as a guarantee of a bank, to cover liability under this
Convention.
 Flag State shall issue a certificate to the ship attesting that the above
requirement is complied with. The certificate must be in the prescribed form
and must contain the following particulars:
a) Name of the ship, distinctive number or letters and port of registry
b) Gross tonnage of the ship
c) Name and principal place of business of the registered owner
d) IMO number
e) Type and duration of security
f) Name and principal place of business of insurer / person giving security
g) Period of validity of the certificate, which shall not be longer than the
period of validity of the insurance or other security.
 Flag State may authorize RO to issue this certificate. The certificate shall be
carried onboard, and a copy must be with the ship’s Registrar.
 Claims may be brought directly against the insurer, who can appeal that the
casualty was caused due to willful misconduct of the Owner.
 Port State shall check that the insurance is in force before the ship enters or
leave the port.
TIME LIMITS
 Rights to recover costs under this convention shall be extinguished unless

action is brought within 3 years after the hazard was determined.
 Action cannot be brought after 6 years from the date of casualty.
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MARITIME LAW INTERVENTION CONVENTION
INTERVENTION CONVENTION
International Convention Relating to Intervention on the High Seas in Cases of
Oil Pollution Casualties, 1969
 The Convention was adopted in 1969 and entered into force in 1975.
 The Convention affirms the right of a coastal State to take such measures
on the high seas as may be necessary to prevent, mitigate or eliminate
danger to its coastline or related interests from pollution by oil or the threat
of pollution by oil, following upon a maritime casualty.
 The coastal State is, however, empowered to take only such action as is
necessary, and after due consultations with appropriate interests including,
in particular, the flag State or States of the ship or ships involved, the
owners of the ships or cargoes in question and, where circumstances
permit, independent experts appointed for this purpose.
 A coastal State which takes measures beyond those permitted under the
Convention is liable to pay compensation for any damage caused by such
measures. Provision is made for the settlement of disputes arising in
connection with the application of the Convention.
 The Convention applies to all seagoing vessels except warships or other
vessels owned or operated by a State and used on Government non-
commercial service.
 The 1969 Intervention Convention applied to casualties involving pollution
by oil. There was an increasing quantity of other substances, mainly
chemical, carried by ships, some of which if released, could cause serious
hazard to the marine environment. In this regard, there was a 1973 Protocol
relating to Intervention on the High Seas in Cases of Marine Pollution by
Substances other than Oil.
 This extended the regime of the 1969 Intervention Convention to
substances which are either listed in the Annex to the Protocol or which
have characteristics substantially similar to those substances.
 The 1973 Protocol entered into force in 1983 and has been amended
subsequently to update the list of substances attached to it. The latest
being the 2007 amendments.
 The Intervention Convention was held after the disaster of Torrey Canyon
and allows the Coastal States to use force for environmental defense.
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MARITIME LAW INTERVENTION CONVENTION
 Even in the case of Torrey Canyon incident, Britain used military aircrafts
and bombs to sink the vessel and set alight the escaped oil.
 Every state which exercises its rights under this Convention, must
1. Consult neighboring states
2. Inform ship owner, cargo owners and Master of the measures being
taken.
3. Make all possible endeavors to avoid any risk to life.
4. If need be, provide repatriation to the ship’s crew.
DEFINITIONS:
 ‘Maritime casualty’ means a collision of ships, stranding or other incident of

navigation, or other occurrence on board a ship or external to it resulting in
material damage or imminent threat of material damage to a ship or cargo.
 ‘Related interests’ means the interests of a coastal State directly affected or

threatened by the maritime casualty, such as:
a) Maritime, coastal, port or estuarine activities, including fisheries
activities, constituting an essential means of livelihood of the persons
concerned.
b) Tourist attractions of the area concerned.
c) Health of the coastal population and the well-being of the area
concerned, including conservation of living marine resources and of
wildlife.
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MARITIME LAW OPRC CONVENTION
OPRC CONVENTION
International Convention on Oil Pollution Preparedness, Response and Co-
operation (OPRC)
 The OPRC Convention was adopted in 1990 and entered into force in 1995.
 In 1989, a conference of leading industrial nations in Paris pushed IMO to
develop further measures to prevent pollution from ships. The same year
IMO began work on a draft convention aimed at providing a global
framework for international co-operation in combating major incidents or
threats of marine pollution.
 Following are the requirements / salient features of the Convention:
1. Parties to the OPRC Convention are required to establish measures for
dealing with pollution incidents, either nationally or in co-operation with
other countries.
2. Ships are required to carry a shipboard oil pollution emergency plan
(SOPEP).
3. Operators of offshore units are also required to have oil pollution
emergency plans or similar arrangements which must be co-ordinated
with national systems for responding promptly and effectively to oil
pollution incidents.
4. Ships are required to report incidents of pollution to coastal authorities
and the convention details the actions that are then to be taken.
5. Parties to the Convention must
a) establish stockpiles of oil spill combating equipment,
b) hold oil spill combating exercises
c) develop detailed plans for dealing with pollution incidents.
d) provide assistance to others in the event of a pollution emergency
(provision is made for the reimbursement of any assistance provided)
 The Convention provides for IMO to play an important co-ordinating role.
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MARITIME LAW OPRC CONVENTION
OPRC-HNS PROTOCOL
 A Protocol to the OPRC Convention relating to hazardous and noxious

substances (OPRC-HNS Protocol) follows the principles of the OPRC
Convention.
 It was formally adopted in 2000 by States already Party to the OPRC
Convention. It came into force in 2007.
 Like the OPRC Convention, the OPRC-HNS Protocol aims to establish
national systems for preparedness and response and to provide a global
framework for international co-operation in combating major incidents or
threats of marine pollution.
 Parties to the OPRC-HNS Protocol are required to establish measures for
dealing with pollution incidents, either nationally or in co-operation with
other countries.
 Ships are required to carry a shipboard marine pollution emergency plan
(SMPEP) to deal specifically with incidents involving hazardous and noxious
substances.
 The OPRC-HNS Protocol requires ships carrying hazardous and noxious
substances to have adequate preparedness and response regimes similar to
those already in existence for oil incidents.
 For the purposes of the HNS Protocol, a Hazardous and Noxious Substance
is defined as any substance other than oil which, if introduced into the
marine environment is likely to create hazards to human health, to harm
living resources and marine life, to damage amenities or to interfere with
other legitimate uses of the sea. This definition as given by the OPRC-HNS
Protocol differs widely from the definition of an HNS as given under HNS
Convention.
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MARITIME LAW SUA CONVENTION
SUA CONVENTION
(Convention for the Suppression of Unlawful Acts Against the Safety of Maritime
Navigation / Protocol for the Suppression of Unlawful Acts Against the Safety of
Fixed Platforms Located on the Continental Shelf)
 The SUA Convention and the Protocol was adopted in 1988 and entered into
force in 1992.
 Concern about unlawful acts which threaten the safety of ships and the
security of their passengers and crews grew during the 1980s, with reports
of crews being kidnapped, ships being hi-jacked, deliberately run aground or
blown up by explosives. Passengers were threatened and sometimes killed.
 In 1985, the problem was considered by IMO and it decided to develop
measures to prevent such unlawful acts. In 1988, a conference in Rome
adopted the Convention for the Suppression of Unlawful Acts against the
Safety of Maritime Navigation.
 The main purpose of the Convention is to ensure that appropriate action is
taken against persons committing unlawful acts against ships.
 The unlawful acts or offences include;
a) the seizure of ships by force;
b) acts of violence against persons on board ships; and
c) placing of devices on board a ship which are likely to destroy or damage
it.
 The Convention requires Contracting Governments either to prosecute the
person for committing any of the offence, or to hand over the individual to
another State which has requested his/her extradition for the same crime.
 The amendments to the 1988 Convention were adopted in the form of
Protocols to the SUA treaties (the 2005 Protocols). The 2005 Protocol came
into force in 2010 and added to the list of offence.
 It stated that a person commits an offence within the meaning of the
Convention if that person unlawfully and intentionally:
a) intimidates a population, or compels a Government or an international
organization to do or to abstain from any act.
b) uses against or on a ship or discharging from a ship any explosive,
radioactive material or BCN (biological, chemical, nuclear) weapon in a
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manner that causes or is likely to cause death or serious injury or

damage;
c) discharges, from a ship, oil, liquefied natural gas, or other hazardous or
noxious substance, in such quantity or concentration that causes or is
likely to cause death or serious injury or damage;
d) uses a ship in a manner that causes death or serious injury or damage;
e) transports on board a ship any explosive or radioactive material,
knowing that it is intended to be used to cause death or serious injury or
damage.
f) transports on board a ship any BCN weapon, knowing it to be a BCN
weapon;
 It is also an offence to unlawfully and intentionally,

a) injure or kill any person while committing any of the offences,
b) to attempt to commit an offence,
c) to participate as an accomplice;
d) to organize or direct or force others to commit an offence;
e) to contribute in any way to the offence.
 Also, a person commits an offence within the meaning of the Convention if

that person unlawfully and intentionally transports another person on
board a ship knowing that the person has committed an act that
constitutes an offence under the SUA Convention or an offence set forth in
any treaty listed in the Annex. The Annex lists nine such treaties.
 The Convention also covers the roles and responsibilities of the master of
the ship, flag State and receiving State in delivering to the authorities of any
State Party, any person believed to have committed an offence under the
Convention, including the furnishing of evidence pertaining to the alleged
offence.
 The 2005 Protocol covers co-operation and procedures to be followed if a
State Party desires to board a ship flying the flag of a State Party when
there are reasons to suspect that the ship or a person on board the ship is,
has been, or is about to be involved in, committing an offence under the
Convention.
 The use of force is to be avoided except when necessary to ensure the
safety of officials and persons on board, or where the officials are
obstructed to the execution of authorized actions.
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 Safeguards included in the Convention are:

a) not endangering the safety of life at sea;
b) ensuring that all persons on board are treated in a manner which
preserves human dignity
c) taking due account of safety and security of the ship and its cargo;
d) ensuring that measures taken are environmentally sound;
e) taking reasonable efforts to avoid a ship being unduly detained or
delayed.
 The 1988 Protocol for the Suppression of Unlawful Acts against the Safety
of Fixed Platforms Located on the Continental Shelf similarly deals with the
prevention of unlawful acts towards Fixed Platforms. The 1988 Protocol was
amended by the 2005 Protocol. This new Protocol broadens the range of
offences included in the 1988 Protocol.
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MARITIME LAW ATHENS CONVENTION
ATHENS CONVENTION / PAL CONVENTION

Athens Convention relating to the Carriage of Passengers and their Luggage by
Sea (PAL)
 It was adopted in 1974 and entered into force in 1987. There was a 2002
Protocol which entered into force in 2014.
 The Convention was designed to consolidate and harmonize two earlier
conventions dealing with passengers and luggage.
 The Convention establishes a regime of liability for damage suffered by
passengers carried on a seagoing vessel. It declares a carrier liable for
damage or loss suffered by a passenger if the incident causing the damage
occurred in the course of the carriage and was due to the fault or neglect of
the carrier.
 However, the carrier can limit his liability, unless he has acted with intent to
cause such damage, or recklessly and with knowledge that such damage
would probably result.
 For the death or personal injury to a passenger, this limit of liability was set
at 46,666 SDR per carriage. With the 2002 Protocol, the limits of liability
have been raised significantly; to reflect present day conditions and raising
limits in the future has been made easier with tacit acceptance.
 The 2002 Protocol raises the limits to 250,000 SDR per passenger on each
distinct occasion.
 As far as loss or damage to luggage is concerned, the carrier's limit of
liability varies, depending on whether the loss or damage occurred in
respect of cabin luggage, of a vehicle and/or luggage carried in or on it, or in
respect of other luggage.
 The 2002 Protocol also requires carriers to maintain compulsory insurance
or other financial security, such as the guarantee of a bank or similar
financial institution, to cover the limits for strict liability under the
Convention, with regards to death and personal injury to passengers. Ships
are to be issued with a certificate attesting that insurance or other financial
security is in force and a model certificate is given in an Annex to the
Protocol.
 The 2002 Protocol also introduces other mechanisms to assist passengers in
obtaining compensation.
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MARITIME LAW ATHENS CONVENTION
 The limits contained in the Protocol are the maximum limits. National courts
can compensate for death, injury or damage only up to these limits or a
lesser value.
 The Protocol also includes an "opt-out" clause, enabling State Parties to
retain or introduce higher limits of liability (or unlimited liability) in the case
of carriers who are subject to the jurisdiction of their courts.
 The carrier can escape liability in the following circumstances:
1. Incident resulted from an act of war or civil war
2. Incident resulted from natural phenomenon (Act of God)
3. Incident caused by a Third party with the intention to cause damage.
 If the actual loss exceeds the limit, the carrier is further liable - up to a limit
of 400,000 SDR per passenger on each distinct occasion - unless the carrier
proves that the incident occurred without the fault or neglect of the carrier.
 For loss due to death or personal injury to a passenger, not caused by a
shipping incident, the carrier is liable if the incident was due to his fault or
neglect. The burden of proving fault or neglect lies with the claimant.
 The liability of the carrier only includes loss arising from incidents that
occurred in the course of the carriage. The burden of proving this fact lies
with the claimant.
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MARITIME LAW LLMC CONVENTION
LIMITATION OF LIABILITY FOR MARITIME

CLAIMS (LLMC) CONVENTION
Convention on Limitation of Liability for Maritime Claims (LLMC)
 The LLMC Convention was adopted in 1976 and entered into force in 1986.
The 1996 Protocol entered into force in 2004. The Convention provides for a
virtually unbreakable system of limiting liability.
 In the LLMC Convention, limits are specified for two types of claims –
1. Claims for loss of life or personal injury, and
2. Property claims (damage to other ships, property or harbour works).
 Other claims subject to limitation are –

1. Delay in carriage of cargo, passengers or their luggage.
2. Infringement of rights, other than contractual rights.
3. During salvage operations.
4. Measures taken to avert or minimize loss.
 Claims excepted from limitation i.e. claims that cannot be limited are,
1. Salvage
2. Contribution in general average
3. Pollution damage under CLC Convention
4. Nuclear damage of a nuclear ship
5. Claims by servants of ship owners or salvors (if written in their contract)
 Following persons can limit their liability under this Convention;

1. Ship Owner – means Owner, charterer, manager & operator of the ship.
2. Salvor – means any person rendering services in direct connection with
salvage operations.
3. Any person for whose act, neglect or default, the owner or salvor is
responsible.
4. Insurer of liability
5. Any person who takes measures to avert or minimize loss.
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 The above mentioned persons cannot limit their liability if it is proved that,
1. the loss resulted from their personal act or omission,
2. the act is committed with the intent to cause such a loss, or recklessly
and with knowledge that such loss would probably result".
 The limits under the 1976 Convention were set at 333,000 SDR for personal
claims for ships not exceeding 500 T, plus an additional amount based on
tonnage for ships exceeding 500 T.
 For other claims, the limit of liability was fixed at 167,000 SDR plus additional
amounts based on tonnage on ships exceeding 500 T.
 Under the 1996 Protocol, the amount of compensation payable in the event
of an incident was substantially increased. It also introduced a "tacit
acceptance" procedure for updating these amounts.
 The limit of liability for claims for loss of life or personal injury on ships not
exceeding 2000 GT is 2 million SDR. For larger ships, the following
additional amounts are used in calculating the limitation amount:
1. For each ton from 2,001 to 30,000 tons, 800 SDR
3. For each ton in excess of 70,000 tons, 400 SDR
 The limit of liability for property claims for ships not exceeding 2,000 GT is 1
million SDR. For larger ships, the following additional amounts are used in
calculating the limitation amount:
3. For each ton in excess of 70,000 tons, 200 SDR
 There were 2012 amendments to the 1996 Protocol, which entered into
force in 2015. Under these amendments, the limits are raised further.
 The limit of liability for claims for loss of life or personal injury on ships not
exceeding 2,000 GT is 3.02 million SDR (up from 2 million SDR). For larger
ships, the following additional amounts are used in calculating the limitation
amount:
1. For each ton from 2,001 to 30,000 tons, 1,208 SDR (up from 800 SDR)
2. For each ton from 30,001 to 70,000 tons, 906 SDR (up from 600 SDR)
3. For each ton in excess of 70,000 tons, 604 SDR (up from 400 SDR).
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 The limit of liability for property claims for ships not exceeding 2000 GT is
1.51 million SDR (up from 1 million SDR). For larger ships, the following
additional amounts are used in calculating the limitation amount:
3. For each ton in excess of 70,000 tons, 302 SDR (up from 200 SDR).
 This Convention does not apply to drilling ships, air cushion vessels and
floating platforms.
(In all cases, Limits for Loss of life / injury is double that of property/other claims.)
(2012 Amendments – All values in SDR are multiplied by 1.51.)
(The daily conversion rates for Special Drawing Rights (SDRs) can be found on the
International Monetary Fund (IMF) website)
LIMITATION FUND
 Any person alleged to be liable may constitute a fund with the Court or
other competent authority in any State Party in which legal proceedings are
carried out with respect to the claims subject to limitation.
 The fund shall comprise of the sum of the amounts that the person can limit
under the LLMC Convention.
 Any fund thus constituted shall be available only for the payment of claims,
for which the limitation of liability can be invoked.
 A fund may be constituted, either by depositing the sum, or by producing a
guarantee acceptable by the State Party where the fund is constituted and
considered to be adequate by the Court or other competent authority.
 The fund shall be distributed among the claimants in proportion to their
established claims against the fund.
 If, before the fund is distributed, the person liable, or his insurer, has settled
a claim against the fund, such person shall, up to the amount he has paid,
acquire by subrogation, the rights which the person so compensated would
have enjoyed under this Convention.
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MARITIME LAW OPA-90 & VRP
OIL POLLUTION ACT, 1990

 On March 24, 1989, the ‘Exxon Valdez’ spilled over 11 million gallons of
Alaskan crude oil in the water of Prince William Sound. The two most
important lessons learned in the aftermath of the spill were:-
a) The United States lacked adequate resources, particularly Federal funds,
to respond to spills.
b) The scope of damages compensable under Federal Law to those
impacted by a spill was fairly narrow.
 The Oil Pollution Act (OPA) 1990, thus came into being to address both the
above deficiencies.
 OPA-90 Purpose:
A) To establish the liability for the damage resulting from oil pollution.
B) To establish a fund for the payment of compensation for such damages.
 Salient Features of OPA 90:

a) It works to avoid oil spills from vessels & enforces removal of spilled oil.
b) It defines responsible parties and assigns financial liability for the cost of
cleanup and damage, and implements processes for measuring damages.
c) It specifies damages for which violators are liable and establishes a fund
for damages, cleanup, and removal costs.
d) It provides greater environmental safeguards by setting new
requirements for vessel construction (double hull tankers) and crew
manning and licensing.
e) It requires specific operating procedures and mandatory contingency
planning i.e. national contingency plan and Vessel Response Plan (VRP)
with requirements for Qualified Individual (QI).
f) It enhances federal response capability and broadens enforcement
authorities.
g) It broadens financial responsibility requirements, increases potential
liabilities and increases penalties.
h) It encourages creation of new research and development programs.
i) It has been instrumental in bringing changes in the oil production,
transportation, and distribution industries.
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LIABILITY:
 ‘Responsible parties’ are liable for –
1. Removal costs incurred by the United States of by any person for acts
taken up by the person in accordance with the National Contingency
Plan.
2. Damage to natural resources, personal property, including cost of
assessing the damage.
3. Revenue losses and reduction in profits and earning capacity.
4. Damage to public services, including the cost of providing increased or
additional public services during or after removal activities.
 Third Party Liability: If it is established that a discharge or threat of

discharge is due to an act of a third party, the third party becomes the
responsible party.
 The responsible party can limit their liability in accordance with the
provisions of the Act. The limitations are based on the gross tonnage of the
vessel and whether it is a single hull or double hull ship.
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VESSEL RESPONSE PLAN and

NON TANK VESSEL RESPONSE PLAN
Purpose:
 To establish requirements for oil spill response plans for certain vessels. It
provides first response guidance to the vessel owner or operator and the
vessel's crew to respond to an oil spill. It also identifies shore based
resources to respond to an oil spill or substantial threat of an oil discharge in
US waters.
Application:
 VRP applies for all self-propelled tank vessels that carry oil in bulk as cargo
or oil cargo residue, and that operate on the navigable waters of the United
States. It also applies to vessels which engage in oil lightering operations in
the marine environment beyond the baseline, when the cargo lightered is
destined for a port or place in the United States. Tank vessel means a self-
propelled tanker constructed or adapted primarily to carry oil or hazardous
material in bulk in the cargo spaces.
 NTVRP applies to all self-propelled non-tank vessels of 400 GT and over, that
carries oil of any kind as fuel for main propulsion, and operates upon the
navigable waters of the United State.
Contents of VRP / NTVRP

 VRP / NTVRP is a requirement as per US Code of Federal Regulation (US
CFR) whereby, owners or operators of tankers operating in US waters are
required to file ‘Vessel Response Plan’ with the Coast Guard and the Owners
and operators of Non-Tank vessels operating in US waters are required to
file ‘Non Tank Vessel Response Plan’ with the Coast guard. Once the plans
are approved by the Coast Guard, the ships must operate in compliance
with their Coast Guard approved plans.
 The plans must contain the following minimum information:
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a) Addressing of a ‘Worse case discharge’ scenario and identify and ensure

the availability of necessary private response resources to respond to the
‘worst case discharge’.
b) Description of crew training and drills.
c) Identification of a Qualified Individual (Q.I.) with full authority to
implement removal actions. Q.I. co-ordinates between the ship and
shore authorities.
 Other contents of the VRP / NTVRP are as follows:

a) List of Contacts – QI, alternate QI, USCG national response center, etc.
b) List of Contacts – Spill team management, oil spill removal organization.
c) List of Contacts – Vessel’s operators, P&I Club, H&M underwriters,
Classification Society.
d) List of Contacts for various Captain of the Port (COPT) Zones.
e) Various means of communication.
f) Initial and Follow-up report format.
g) Procedures to mitigate or prevent oil spill during various shipboard
operations or emergencies.
h) Procedures for oil spill containment and removal.
i) Maintenance of an oil spill kit.
j) Training and drill procedures.
k) Vessel’s particulars
l) Location and capacities of all tanks, tank arrangements and diagrams.
m) Information regarding maximum possible discharge and worse-case
scenario.
n) Ship to ship transfer procedures.
o) Information regarding various services like salvage, fire fighting, etc.
p) Damaged stability, hull stresses considerations.
q) Record of changes to VRP / NTVRP, Plan review and update procedures.
(Note: ‘Worst case discharge’ means discharge of vessel's entire oil cargo, in
adverse weather conditions.)
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MARITIME LAW NPDES & VGP
NPDES & VGP

The National Pollutant Discharge Elimination System (NPDES) is a permit system
under the U.S. environmental protection rules (Clean Water Act) to minimize
pollution within the US territorial waters (3 nm)
The NPDES permit program helps address water pollution by regulating point
sources that discharge pollutants to waters of the United States. The permit
provides two levels of control: technology-based limits and water quality-based
limits (if technology-based limits are not sufficient to provide protection of the
water body).
An NPDES permit is typically a license for a facility to discharge a specified amount

of a pollutant into US waters under certain conditions. The two basic types of
NPDES permits issued are individual and general permits.
A. An individual permit is a permit specifically tailored to an individual facility.

Once a facility submits the appropriate application, the permitting authority
develops a permit for that particular facility based on the information
contained in the permit application. (e.g., type of activity, nature of
discharge, etc.) The authority issues the permit to the facility for a specific
time period (not to exceed five years) with a requirement that the facility
reapply prior to the expiration date.
B. A general permit is similar to an individual permit but covers a group of

dischargers with similar qualities within a given geographical location.
VESSEL GENERAL PERMIT:

 For ships greater than 79 feet in length, all the requirements are laid down
in a document called the ‘Vessel General Permit’ (VGP). These are additional
to the International environmental rules such as MARPOL.
 VGP establishes technology-based effluent limits for all vessels and for
various discharges incidental to the normal operation of the vessel.
 EPA first issued the Vessel General Permit (VGP) in 2008 which was
superseded by the one issued in 2013. Its requirements include inspection,
monitoring, reporting, record-keeping, crew training, etc.
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 Non-compliance with VGP constitutes a violation of the US Environmental

rules and may lead to prosecution.
 In general, VGP applies to any commercial, non-fishing vessel, greater than
79 feet in length, regardless of Flag, trading within 3 nm of the US baseline.
 Vessels of 300 GT or more or that have the ability to hold or discharge more
than eight cubic meters of ballast water must submit a Notice of Intent
(NOI) to receive coverage under VGP, and commit to meeting the
requirements and limitations included in the General Permit. This permit is
valid for 5 years.
 Vessels less than 300 GT and that do not have the capacity to hold or
discharge more than eight cubic meters of ballast water are not required to
submit an NOI. Instead, operators of these vessels must complete a PARI
Form (Fill and Print), and keep a copy of that form onboard the vessel at all
times. Doing so provides coverage under the 2013 VGP for these vessels.
 For vessels filing NOI, atleast 30 days processing time must be given before
the vessel is deemed covered by the General Permit. Hence, 30 days prior
vessel’s first entry into US waters, a NOI is sent via EPA’s eNOI system.
 Failure to file a NOI in a timely manner will result in non-coverage of
discharges from the vessel under the permit and violations of the Clean
Water Act, regardless of whether the vessel discharges were in compliance
with the Permit and even if NOI has been filed but not processed.
VGP Coverage:
Following discharges are covered under VGP:
1. Deck Wash down and Runoff and Above Water Line Hull Cleaning
2. Bilge water /Oily Water Separator Effluent
3. Ballast Water
4. Anti-fouling Hull Coatings
5. Aqueous Film Forming Foam (AFFF)
6. Boiler / Economizer Blow down
7. Cathodic Protection
8. Chain Locker Effluent
9. Controllable Pitch Propeller and Thruster Hydraulic Fluid
10. Distillation and Reverse Osmosis Brine
11. Elevator Pit Effluent
12. Fire main Systems
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13. Freshwater Layup

14. Gas Turbine Wash water
15. Gray water
16. Motor Gasoline and Compensating Discharge
17. Non-Oily Machinery Wastewater
18. Refrigeration and Air Condensate Discharge
19. Seawater Cooling Overboard Discharge
20.Seawater Piping Bio-fouling Prevention
21. Boat Engine Wet Exhaust
22. Sonar Dome Discharge
23. Underwater Ship Husbandry
24. Well-deck Discharges (such as FPK Store bilge)
25. Gray-water mixed with Sewage from Vessels
26.Exhaust Gas Scrubber Wash-water Discharge
27. Fish Hold Effluent
Each of the above is explained in detail in the VGP. It also gives requirements
for inspection, trainings, record-keeping and reporting, for each of them as
applicable. It sets criteria for discharge and discharge limits for the above
mentioned discharges and also defines best practices where applicable.
Discharges NOT COVERED under VGP:

1. Sewage
2. Garbage or Trash
3. Used or spent oil
4. Photo-processing effluent
5. Effluent from dry cleaning operations
6. Discharge of medical waste and related materials
7. Discharge of NLS residues
Routine Visual and Annual Inspection:

Routine visual inspection must be conducted of all accessible areas of the vessel in
order to verify that effluent limits as per VGP are being met. A more
comprehensive annual inspection must be carried out once in every 12 months.
The findings of all such inspections must be documented in the ship’s official log
book or as part of other recordkeeping documentation of VGP. An annual report
must be sent to EPA electronically after completion of the annual inspection.
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Corrective Action:
If any vessel violates any of the VGP limits, a corrective action assessment must be
undertaken to investigate nature, cause and potential options to eliminate the
problems. Depending on the extent of the violation, VGP provides deadlines for
resolving the issues. VGP must be consulted for full description of corrective
action process.
VGP Record Keeping:

Following records must be kept onboard as part of VGP documentation:
1. Owner/Vessel information: (Ship Name, IMO Number, Call Sign, Port of
Registry, Flag, Ship type, Owner or operator name, Address of
owner/operator, Gross tonnage)
2. Voyage Log (Dates and ports of arrival, vessel agents, previous and next
port of call)
3. Any violation of any effluent limit (Description, date of the violation, name &
signature of identifying person, name & signature of recording person,
details of Corrective Action Assessment)
4. Entry of any findings and any deficiencies and problems identified during
routine visual inspections including any corrective actions taken. If no
deficiencies or problems are found during a routine visual inspection, the
vessel owner/operator shall record that the inspection was completed with
the inspector’s name and date.
5. Entry of any findings from comprehensive annual vessel inspections
conducted, including any corrective actions planned or taken.
6. Analytical results of all that is required to be monitored under VGP.
7. Entry of Log of findings from dry-dock inspections, including any corrective
actions planned or taken.
8. Record of additional maintenance and discharge information such as deck
maintenance, bilge water discharges, anti-fouling paint application, AFFF
discharges, chain locker inspections, etc.
9. Record of training completed as required by VGP.
10. All other documentation required pursuant to this permit.
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MARITIME LAW PSSA
Particularly Sensitive Sea Area (PSSA)
 A Particularly Sensitive Sea Area (PSSA) is an area that needs special

protection through action by IMO because of its significance for recognized
ecological or socio-economic or scientific reasons and which may be
vulnerable to damage by international maritime activities.
 Shipping activities can constitute an environmental hazard especially to
ecologically sensitive areas. The hazards could be from operational
discharges, accidental or intentional pollution, physical damage to marine
organisms, discharge of oil, NLS, sewage, garbage, AFS, noise, etc.
 The criteria for the identification of PSSA and the criteria for the designation
of special areas are not mutually exclusive. In many cases, a PSSA may be
identified within a Special Area and vice versa.
 IMO is the only body responsible for designation of areas as PPSA and
thereafter adopting special measures for its protection.
 IMO has developed Guidelines on identification and designation of PSSA,
which give criteria for an area to be designated as PSSA. These includes:
1. Ecological criteria (unique/rare ecosystem, diversity of the ecosystem or
vulnerability to degradation)
2. Social, cultural and economic criteria (significance of the area for
recreation or tourism)
3. Scientific and educational criteria (biological research or historical value)
 When an area is approved as a PSSA, specific measures can be used to
control the maritime activities in that area, such as routeing measures, strict
application of MARPOL discharge and equipment requirements for ships,
such as oil tankers, installation of VTS, etc.
 A PSSA can be protected by ships routing measures such as an area to be
avoided i.e. an area within defined limits in which either navigation is
particularly hazardous and which should be avoided by all ships, or by
certain classes of ships.
 Boundaries of PSSA are always marked on the nautical charts. All head of
departments must be informed accordingly. ALRS must be consulted for
more information regarding the special requirements of the PSSA.
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MARITIME LAW PSSA
 Following are some of the areas designed as PSSA:

1. The Great Barrier Reef, Australia
2. Malpelo Island, Colombia
3. The sea around the Florida Keys, United States
4. The Wadden Sea, Denmark, Germany, Netherlands
5. Paracas National Reserve, Peru
6. Western European Waters
7. Canary Islands, Spain
8. The Baltic Sea area
 The entire list of PSSA’s can be found on the IMO website.

 An application for PSSA designation should contain a proposal for an
associated protective measure or measures aimed at preventing, reducing
or eliminating the threat or identified vulnerability. Associated protective
measures for PSSAs are limited to actions that are to be, or have been,
approved and adopted by IMO, for example, a routeing system such as an
area to be avoided.
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MARITIME LAW FSC & PSC
FLAG STATE AND PORT STATE CONTROL

Duties, Role and Responsibilities of Flag State:
1. Registering Ships and Issuing Statutory Certificates:
The owner, who intends to obtain statutory certificates for his ship is first
required to obtain the ship’s Certificate of Registry from the Flag State
Administration. Having done so, the Owner has to submit a written
application to the certifying authority for the issue of the statutory
certificates. This certifying authority may be the Flag State, or Classification
Society or Recognized Organization which act on behalf of the Flag State.
The Flag State must maintain its own register of ships.
2. Carrying Out Surveys:

Flag State must carry out the surveys at prescribed intervals. These surveys
are annual (yearly), intermediate (2.5 years) and renewal (5 years).
3. Rewriting a Statutory Certificate:

The Flag State must re-write a statutory certificate when the descriptions on
a statutory certificate are to be changed, and a written application in this
regard has been received from the Owner or the master of the ship. The
ship’s certificate of Registry must also be submitted for this. After issuing
the re-written certificate, the Flag State must cancel the older certificate.
4. Reissuing a Statutory Certificate:

When a statutory certificate is soiled or lost, the Flag State shall re-issue the
certificate on receiving a written application from the Owner or Master of
the ship in this regard.
5. Endorsing a Statutory Certificate:

On receiving a written application from the Owner or the master of a ship,
for an endorsement on a statutory certificate, the Flag State shall endorse
the certificate received along with the application.
6. Making Rules for Validity of Certificates:

The Flag State shall make rules governing the validity of ship’s statutory
certificates and also rules related to the cessation of validity and
cancellation of the certificate.
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7. Receiving Statutory Certificate from Ship:

Flag State must receive the statutory certificates from the ship in the
following circumstances,
a) When the ship sinks or is scrapped
b) The Class is withdrawn
c) Validity of the certificate is expired.
d) When revised certificate is issued.
e) When the original (lost) one is found after a new certificate is issued.
8. Ratifying and implementing international conventions

The Flag State must attend the International Conferences and sign, ratify (if
needed) and thereafter implement the international conventions so ratified.
The Flag State must also attend IMO Committee meetings (MEPC / MSC)
9. Setting, monitoring and enforcing international standards:

The Flag State must set, monitor and enforce standards of safety and
pollution prevention on all its vessels. It should also enforce international
standards of safety and pollution prevention on foreign ships visiting the
State’s ports. The Flag State must also enforce statutory merchant shipping
regulations (MS Act). International standards of competency amongst
seafarers must also be enforced.
10. Inspection of vessel:

Flag State may carry out survey and inspection of its vessels to ensure that
all vessels are complying with the statutory and international requirements.
11. Accident Investigation:

The Flag State shall carry out investigation of accidents involving its own
ships and ships of other Flags when in the State’s waters.
12. Approving Equipment:

The Flag State shall carry out approval of vessel’s equipment under various
International regulations. For example, GMDSS equipment, Fire fighting
appliances, etc.
13. Flag State Representatives:

The Flag State must maintain diplomatic representatives, usually the
ambassador or consular officers.
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14. Assisting Vessel’s:

The Flag State must assist the vessel in cases of emergencies, detention or
arrests. The Flag State must promptly solve the problems regarding
statutory matters. The Flag State may advice on safety matters and may
also advice the Master on commercial matters.
PORT STATE CONTROL:
 Port State Control (PSC) is the inspection of foreign ships in national ports
to verify that the condition of the ship and its equipment comply with the
requirements of the International regulations and that the ship is properly
manned and operated in compliance with these rules.
 PSC is thus a regional ship inspection program, under which countries work
together to verify the foreign vessels entering their waters are in
compliance with the International maritime regulations, regarding safety,
security, pollution prevention, manning, etc.
 The objective of the PSC is to identify sub-standard ships, and help to
eliminate the threat that they pose to life, property and the marine
environment. Ships that are found to be in serious violation of regulations
are detained in port until their deficiencies have been rectified.
 Port State inspections complement Flag State’s efforts and have become a
valuable tool for enforcing international standards and regulations.
 Port States have signed Memoranda of Understanding (MoUs) to form
regional PSC organizations. For example, the Tokyo MoU, Paris MoU, etc.
Port States in a region, as members of a MoU, harmonize their inspections
to avoid duplication of efforts. They follow similar inspection guidelines and
share the results of their inspection.
 The prime responsibility for compliance with the regulations lies with the
ship owner or operator. An adverse PSC report may have severe commercial
implications.
 “No more favourable treatment” (NMFT) shall be given to the ships flying
flag of a country which is not Party to a convention. PSC will make sure that
even these ships undergo equivalent surveys and inspections so that an
equivalent level of safety and protection of marine environment is ensured.
 PSC inspections are carried out by PSC officers who are duly authorized by
the Port State. This authorization of PSCO’s may be a general grant of
authority or may be specific on a case by case basis.
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Memorandum of Understanding on PSC

 To avoid PSC, a ship operator could divert his substandard ships to ports
where there are no PSC inspections or PSC inspections are less stringent.
This would endanger the vessel’s crew and marine environment of the port
States in the region concerned. Further, it would affect the competitiveness
of ports within a region, if there was no level playing field.
 To address these concerns and to improve the general effectiveness of
inspections, regional PSC organizations have been formed by countries
based on the Memoranda of Understanding (MoU).
 There are several MoU’s on PSC, that are signed by a particular group of
countries, virtually covering major seas of the world to weed out the sub
standard ships. These include the following:
1. Tokyo MoU
2. Paris MoU
3. Caribbean MoU
4. Mediterranean MoU
5. Indian Ocean MoU
6. Abuja MoU
7. Vina Del Mar MoU
8. Black Sea MoU
9. Riyadh MoU
 Each of these nine MoU’s has common objectives and customized
procedures have been developed for targeting substandard ships, appeal
procedures, detention reviews, evaluation of performance parameters, etc.
 Most of these MoU’s run special inspection programmes on specific
shipboard operational areas and for a specific period of time. These
inspection programmes are called ‘Concentrated Inspection Campaigns’
(CIC). For example, a CIC on Enclosed Space Procedures, or on MLC 2006, or
on Cargo Securing Arrangements, etc.
DETENTION:
 When deficiencies are found onboard ships, action by the Port State may
vary from recording a deficiency to detention of the ship until the
deficiencies have been rectified.
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 Detention is the intervention action taken by the Port State when the
condition of the ship or its crew does not correspond substantially with the
applicable conventions, to ensure that the ship will not sail out until it can
proceed to sea without presenting a danger to the ship or persons onboard,
or without presenting a threat to the marine environment, whether or not
such action will affect the normal schedule of the vessel.
 Detention means that the ship and the cargo would not be able to perform
the contract of carriage. Ships under detention cannot continue the voyage
and arrive at the destination port as stated in the Contract in the specified
time assigned in the contract. Hence, as a result of detention, the contract
of carriage is discharged.
 The PSC requires a ship already detained to remedy the deficiency
responsible for its detention. If the deficiencies cannot be remedied in the
port of inspection, the port State may allow the ship to proceed to another
port under special condition. The ship becomes free of detention only when
all the fees for inspection and subsequent detention is paid by the ship
owner.
PSC INSPECTION
 PSCO’s shall use their “professional judgement” in carrying out all their
duties and shall consult others whenever required.
 A PSCO may proceed to the ship and before boarding, assess as a ‘first
impression’, the standard of maintenance, by looking at the condition of
paint work, corrosion, pitting or unrepaired damage.
 When boarding a ship, the PSCO shall present to the master or other
representative of the Owner, the PSCO identity card. This card shall be
accepted as documented evidence that the PSCO in question is duly
authorized by the Administration of the Port State, to carry out the PSC
inspection.
 On meeting the ship’s Master, the PSCO shall examine the vessel’s relevant
certificates and documents. If the certificates are valid, all documents are in
order, and the PSCO’s general impression and visual observation on board
confirm a good standard of maintenance, the PSCO would generally confine
the inspection to reported or observed deficiencies, if any.
 If, however, the PSCO from the general impression and visual observation
onboard, has ‘clear grounds’ to believe that the ship, its equipment or crew,
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do not substantially meet the requirements, the PSCO is more likely to

proceed with a ‘more detailed inspection’. If this is the case, the Master
must be informed of these grounds.
 The PSCO shall advise the Master if he requires the Flag State or RO
responsible for issuing the relevant certificates, to be approached or having
their presence onboard.
 In case the inspection is initiated on the basis of a complaint or report,
especially if it is from a crew member, the source of information must not
be disclosed.
 When exercising control, all possible efforts shall be made to avoid a ship
from being unduly detained or delayed. It should be borne in mind that the
main objective is to prevent a unsafe ship from proceeding to sea. For this,
the PSCO must use his professional judgement in determining if the ship is a
threat to safety or environment and needs to be detailed till deficiencies are
rectified or if the ship can be allowed to sail with certain deficiencies, taking
into account the prospective voyage she intends to undertake.
 If a ship is allowed to sail with deficiencies, the PSCO should ensure that the
competent authority of the next port of call and the Flag State of the ship
are duly informed.
 The company or its representatives have the ‘right to appeal’ against a
detention enforced by a Port State. The appeal shall not cause the detention
to be suspended. It is the duty of the PSCO to inform the master about the
‘right to appeal’.
 When the grounds for detention are the consequences of accidental
damage suffered on the ship’s voyage to a port, no detention order shall be
issued.
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MARITIME LAW CLASSIFICATION SOCIETIES
CLASSIFICATION SOCIETIES
 A Classification Society is an independent, non-commercial, non-
governmental and self-regulating body that establishes and maintains
technical standards for the construction and operation of ships and offshore
structures. Classification societies validate and report that construction of a
vessel is in accordance with relevant standards and carry out regular surveys
in service to ensure continuing compliance with the standards.
 The society has an obligation towards the insurance industry, Flag States,
Port States, charterers, etc. in addition to the ship owners and the public, to
be independent and impartial in the application of its expertise. A
classification society’s contribution towards safety is considerable.
 Worldwide, there are around 50 classification societies, out of which 13 are
part of the International Association of Classification Societies (IACS).
 A classification certificate issued by a classification society recognized by the
proposed ship register is required for a ship's owner to be able to register
the ship and to obtain marine insurance on the ship, and may be required to
be produced before a ship's entry into some ports or waterways, and may
be of interest to charterers and potential buyers.
 To avoid liability, classification societies explicitly disclaims responsibility for
the safety, fitness for purpose, or seaworthiness of the ship, but is a
verification only that the vessel is in compliance with the classification
standards of the society issuing the classification certificate.
Work of the Classification Society:

1. The principal work of a classification society is to undertake surveys to
ensure that the rules, which it has developed, are applied for new buildings
and existing ships to ensure their safety. The rules cover hull structure,
safety equipments, cargo handling gear, engine, machinery and other
systems.
2. A Classification society conducts surveys on behalf of third parties, including
the Flag State administration.
3. They act as a contractual reference between the yard and the owner.
4. They offer technical services and engineering consultation.
5. They conduct research and development in various ship-related fields.
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6. They assess and audit the QMS (Quality Management System) of ship
management companies in accordance with the International standards.
7. They assess and audit the SMS (Safety Management System) of ship
management companies and ships, in accordance with the ISM Code.
8. They assess and audit the Security Management system of ship
management companies and ships, in accordance with the ISPS Code.
9. They assess and audit the Environmental Management System (EMS) of
ship management companies and ships in accordance with the International
Standards.
10. They assess and audit the Energy Management System of ship companies
and ships , in accordance with the International Standards.
11. They assess and audit the Occupational Health Management System of ship
management companies and ships, in accordance with the International
Standards.
12. They approve machinery, materials and equipments that are used for ship
building.
13. They conduct assessment of the quality system, production processes and
the facilities of the manufacturer.
14. They carry out training of the personnel engaged in testing and
measurement services used during surveys.
15. They evaluate drawings and documentation related to cargo loading
appliances.
INTERNATIONAL ASSOCIATION OF CLASSIFICATION SOCETIES (IACS)

 The International Association of Classification Societies (IACS) is a non-
governmental organization with the world’s leading classification societies
as its members. More than 90% of the world’s cargo carrying tonnage is
covered by the Member Societies.
 Presently, there are 13 members of IACS. They are as follows:
1. American Bureau of Shipping (ABS)
2. Bureau Veritas (BV)
3. China Classification Society (CCS)
4. Croatian Register of Shipping (CRS)
5. Det Norske Veritas (DNV)
6. Germanischer Lloyd (GL)
7. Indian Register of Shipping (IRS)
8. Korean Register of Shipping (KRS)
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9. Lloyd’s Register (LR)

10. Nippon Kaiji Kyokai (Class NK) (NK)
11. Polish Register of Shipping (PRS)
12. Registro Italiano Navale (RINA)
13. Russian Maritime Register of Shipping (RS)
 Admission to IACS signifies high standards, excellent reputation and

professional competence in maritime industry. Charterers, cargo owners
and underwriters prefer vessels that are classed with an IACS member.
 The chairmanship of IACS is on a rotational basis with each member society
taking a turn.
 IACS has observer status in IMO and co-operates closely with IMO,
participating in the working teams of different IMO committees.
 IACS develops, reviews and promotes minimum technical requirements in
relation to the design, construction, maintenance and survey of the ships
and other maritime related facilities.
 It also assists other international regulatory bodies with a view to improve
safety at sea and prevention of marine pollution.
 IACS members conduct and sponsor extensive research and development
programs, and have developed highly advanced engineering analysis and
information management systems.
Repairs / Alterations to the Satisfaction of Class:

 Whenever a vessel has suffered a damage involving the hull, machinery,
electrical installations, special equipment and installations covered by the
Classification, a ‘Damage and Repair survey’ falls due.
 In such situations where a vessel has suffered damage, those damaged
parts of the vessel must be accessible and available for inspection so that
the surveyor can examine and ascertain the kind and extent of damage.
 The proposed repair work must be agreed with the Class surveyor in such a
way that possible confirmation of Class can be granted without reservations
when the repair work is completed.
 A Class confirmation in case of emergency repair needs to be approved by
the Head office of that Society. Any surveys conducted during the repairs
are done based on the latest experience and instructions by the Class.
 In the case of repairs or replacements on older vessels, the construction
rules which were in force when they were constructed continue to apply.
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REASONS FOR CLASSIFICATION:

1. Shore based parties, associated with ship’s business like charterers, brokers,
bankers, shippers and underwriters, would prefer to have business with the
ship owner only when the ship is classed.
2. In the absence of the classification, the ship owner by himself will have to
satisfy the Flag State that the ship has sufficient structural strength for
assigning load line and to issue a Safety construction certificate.
3. Insurance premiums are lower.
4. Ship is likely to be sea-worthy.
5. Cargo charterers are easier to obtain.
6. Resale value is higher.
7. Owner builds a good reputation in the industry.
8. Required under International Conventions such as SOLAS, UNCLOS, etc.
When a ship is classed, the ship owner enjoys commercial advantages and also has
a benchmark to ensure ship’s constructional and operational condition is
satisfactory.
CERTIFICATE OF CLASS:
 A classification society, contracted by the ship owner, carries out surveys at
the yard throughout the construction period and a Certificate of Class is
issued to the ship upon satisfactory completion of the required surveys.
 The Certificate certifies that the ship has been surveyed by the surveyors of
the society and the condition of the hull, machinery and equipment have
been found in compliance with the Class requirements.
 The Certificate will remain valid for a period of 5 years, unless it is
withdrawn or suspended by the Class.
 The Certificate will reflect the Name of the ship, builder / yard details, Owner
details, Port of Registry, signature of the Authorized person from the
Society and the Society’s stamp.
 The validity of the Class Certificate is subject to successful and timely
completion of the following surveys:
1. Annual Survey, Intermediate Survey and Class Renewal / Special Survey
2. Bottom Survey or Docking Survey
3. Tail Shaft Survey, Boiler & Machinery Surveys
4. Surveys for the maintenance of additional Class notations.
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 A ship is maintained in class, provided that the ship has carried out required
surveys in accordance with the Classification Rules and the surveys confirm
that the condition of her hull, machinery and equipment remain to be in
compliance with the applicable rules at the time of the survey.
 Whenever there is any damage, failure or deterioration to hull, machinery or
equipment which affects the Classification, the Society must be informed so
such damage. Necessary repairs should be carried out to the surveyor’s
satisfaction in order to maintain the vessel in Class.
 A complete repair procedure, including the extent of proposed repair and
the need for a surveyor’s attendance, should be submitted to Class and
agreed by the Class in advance. Failure to notify may result in suspension of
vessel’s classification until the society is satisfied with the repairs.
SCOPE OF SURVEYS:
Every classed vessel is subject to a specified program of periodic surveys after
delivery. These surveys are based on a five-year cycle and consist of annual
surveys, an intermediate survey and a Class renewal or special survey (held every 5
years). The severity of each specified survey increases with the age of the vessel.
1. Annual Survey: It is carried out within a window period of 3 months before
or after each anniversary date. It includes an external, general inspection of
the hull, machinery and equipment of the ship and tests to determine
whether the vessel satisfies the rule requirements. Older ships of certain
types may be subject to a general examination of some specified internal
areas of the hull.
2. Intermediate Survey: It is held approximately half way between the Special
surveys. It includes examinations and checks to determine that the ship
remains in a condition which satisfies the rule requirements. According to
the type and age of the ship, dry-docking and ultrasonic thickness
measurements may be required.
3. Class Renewal Survey or Special Survey: A special survey includes extensive
out-of-water examinations to verify that the structure, main and auxiliary
machinery, systems and equipment of the ship remain in a condition which
satisfies the Rules. The survey assesses the structural integrity and identifies
areas that exhibit substantial corrosion, significant deformation, fractures,
damages or other structural deterioration. Depending upon ship’s age, type
and condition, the survey may take several weeks to complete.
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4. Bottom/docking Survey: It is the examination of the external part of the hull

and related fittings. It is carried out twice in a 5 year period, with a gap of
not less than 36 months between the two surveys. It is carried out at dry-
dock (dry-docking survey) or when afloat (in-water survey). In-water survey
may be accepted in lieu of dry-docking survey depending on the type of ship
and her age.
SUSPENSION OR WITHDRAWAL OF CLASS:

This can happen under the following circumstances:
1. When a ship is not operated in compliance with the rule required. For
example, trade outside navigational restrictions for which a class is assigned
2. When a ship proceeds to sea with a less freeboard than that assigned or
when the freeboard marks are placed higher than assigned
3. When the owner fails to request a survey after having detected defects or
damages affecting the class.
4. When repairs, alterations or conversions affecting the class are carried out
without requesting the attendance of a surveyor or not to the satisfaction
of surveyor.
In addition to the above, the Class is automatically suspended if –

1. When any one or more survey has become overdue and has not been
completed by end of the corresponding survey time window.
2. When a recommendation or condition of class is not dealt with within the
time limit specified.
3. During an annual survey if any CSM item is due or overdue.
4. When due to nature of defects, the society considers that a ship is not
entitled to retain its class even on a temporary basis
The society will withdraw the class of a ship when –

1. If requested by owner.
2. The class has been suspended for more than six months.
3. When a ship is reported as a constructive total loss and the owner does not
have intentions to repair the ship for reinstatement of class.
4. The ship is reported lost.
5. The ship is reported scrapped / put out of service.
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CONDITION OF CLASS (COC) AND CLASS MEMO

 When a surveyor identifies corrosion, structural defects or damage to the
hull, machinery or any piece of equipment, which affects the ship’s Class,
remedial measures or recommendations or Conditions of Class are
implemented before the ship continues in service.
 Condition of Class is imposed by the society for the defects which will affect
the class if not complied with by the assigned due date. Condition of class is
a defect or fault of hull/machinery/equipment, repair of which cannot be left
to the discretion of the Owner. This is only given to the class items i.e. items
that affect the ship’s Class. These require specific measures, repairs and
request for survey, etc. to be carried out within a specified time period in
order to retain class.
 Class Memorandum or Memo is the information to the Owner given by the
Class, regarding certain item/area to look at. It is noted as a memo for
assistance to the Owner and the next surveyor. e.g. notes concerning
material, minor defects, etc. A memoranda may also be defined a condition
which, though at that moment does not affect the Class, but if left at that
condition for a long time, has the potential of affecting the Class. e.g. slight
indent on shell, or minor deficiency of machinery, etc.
CLASS NOTATION
 Classification notation consists of words, acronyms, letters and
abbreviation that describe a vessel’s restrictions, service or applicable
survey characteristics & any other specific requirements met by the vessel.
 Each Classification society has a system to certify a ship by giving notation
on the basis of ship type, service, navigation and other criteria, provided by
the Owner and / or the builder.
 Class notations that are assigned to a ship are indicated on the ship’s
Certificate of Class as well as in the Register of Ships published by the
society. Class notations convey very important information.
 Examples of Class Notations are:
1. Main Class Symbol – Express compliance of the ship with specific rule
requirements regarding machinery and equipment.
2. Construction Marks – Identifies the Classification society that supervised
the ship during construction.
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3. Type Notation – Defines the type and/or service of the ship. This is given
after fulfillment of specific rule requirements for that type/service.
4. Service Area Restrictions – Defines limiting areas for navigation e.g. high
seas, coastal, Ice Class, etc.
5. Additional Class Notations – defines the special features such as
additional equipment or any other specific arrangements.
ROLE OF CLASS AS A RECOGNIZED ORGANISATION (RO)

 Under UNCLOS, a Flag State has to effectively exercise its jurisdiction and
control in administrative, technical and social matters over a ship flying its
flag to ensure safety at sea. Many Flag States delegate this responsibility to
Classification Societies in order to take advantage of their expertise and
worldwide network of surveyors.
 When authorized by the Flag State, a Classification Society acts as a
Recognized organization. The RO, on behalf of the Flag State, carries out
surveys and inspections to verify the vessel’s compliance with International
and National Statutory requirements, such as,
1. International Convention on Load Lines, 1966
2. International Convention on Tonnage Measurements of Ships, 1969
3. International Convention for the safety of life at sea, 1974, as amended.
4. International Convention for the prevention of pollution from ships,
1973/78, as amended.
5. International Convention for preventing collisions at sea
6. International Code of safe practices for Solid Bulk Cargoes.
7. ISM Code
 The Flag lays down the scope of these surveys and inspections in
compliance with the relevant international conventions to which it is a
signatory.
 These surveys do not fall within the scope of the classification of ship, even
though their scope may overlap is part and may be carried out concurrently
with Class surveys.
 Whenever a ship is suspended or withdrawn from Class, the Class notifies
the Flag concerned and the statutory certificates are invalidated.
 The Class may also be authorized by the Flag to do the work of a RSO
(Recognized Security Organisation). If so, the Class will conduct a security
assessment, verify compliance with the ISPS Code and SOLAS and issue the
certificate accordingly.
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STATUTORY AND MANDATORY SURVEYS / CERTIFICATES

 A survey can be termed to be holistic (somewhere interconnected)
examination of a marine vessel or structure to assess, monitor and report
on their condition with respect to an established Convention, Statute, Rule,
Regulation or Protocol.
 The surveys are very important to determine whether the vessel is being
built and operated in a manner that is safe for use in the conditions it is
designed for, and its compliance to both statutory and mandatory rules and
regulations.
 The periodical surveys also help to determine if and what maintenance or
repairs may be needed in the near future.
 The end product of every survey is certification or the denial of certification
if the survey finds deviations from the regulatory processes.
 Surveys are required under Flag / Port state statutes, IACS Rules,
Conventions, Protocols, Codes, Rules and Regulations.
 When the classification survey is taken as an evidence of compliance with
the corresponding statutory requirement, e.g. safety equipment, it is given
the status of a statutory survey on behalf of the Flag Administration, with
the Classification Society being considered as the Recognized Organisation.
 Statutory Surveys / Certificates:

1. Statutory certificates are those that are required to be carried on board a
ship as per the formal written enactment of a legislative authority that
governs the Flag State. In the case of India, they are the Rules and
Regulations under the enabling legislation i.e. Merchant Shipping Act.
2. A survey resulting in the issue of such certification is known as a
Statutory survey.
3. This process is carried out by Flag State surveyors or by a RO, which is
usually a Classification Society with membership in the IACS.
 Mandatory Survey / Certificates

1. Mandatory certificates are those required to be carried onboard a ship as
per the Conventions, Protocols, Resolutions and Codes of the IMO and
Class Rules. These are required by ships which trade internationally and
for insurance purposes.
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2. A survey resulting in the issue of such certification is known as a

Mandatory survey.
 It should be noted that Statute originates from the acceptance of IMO

Codes, Conventions and Protocols. Therefore, a Statutory list and a
Mandatory list of certificates will have a lot in common.
 Obligatory certificates are those that are required by a port state with which
the vessel is trading.
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MARITIME LAW IHR
INTERNATIONAL HEALTH REGULATIONS

(IHR)
 The International Health Regulations (2005) are a legally binding instrument

of International law that aim to:
a) assist countries to work together to save lives and livelihoods
endangered by the international spread of diseases & other health risks
b) avoid unnecessary interference with international trade and travel.
 The purpose and scope of IHR 2005 are to prevent, control and protect
against the international spread of disease, and provide a public health
response which will avoid unnecessary interference with international
traffic and trade.
IMPORTANT DEFINITIONS
a) ‘Arrival’, in the case of a sea-going vessel means arrival or anchoring in the

defined area of a port.
b) ‘Baggage’ means the personal effects of a traveler.
c) “Conveyance” means an aircraft, ship, train, road vehicle or other means of

transport on an international voyage.
d) ‘Crew’ means persons on board a conveyance who are not passengers.
e) ‘Epidemic’ means an extension of a disease subject to regulations, by a

multiplication of cases in an area.
f) ‘Free Pratique’ means permission for a ship to enter a port, embark or

disembark, discharge or load cargo or stores; permission for an aircraft,
after landing, to embark or disembark, discharge or load cargo or stores;
and permission for a ground vehicle, upon arrival, to embark or disembark,
discharge or load cargo or stores.
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MARITIME LAW IHR
g) “Deratting” means the procedure whereby health measures are taken to

control or kill rodent vectors of human disease, present in baggage, cargo,
containers, conveyances, facilities, goods, etc. at the point of entry.
h) “Quarantine” means the restriction of activities and/or separation of

suspect persons from others who are not ill or separation of suspect
baggage, containers, conveyances or goods in such a manner as to prevent
the possible spread of infection or contamination.
i) ‘In quarantine’ means that state or condition during which measures are
applied by a health authority to a ship, aircraft, train, road vehicle or other
means of transportation or container, to prevent the spread of disease,
reservoirs of disease or vectors of disease.
j) ‘Container’ means an article of transport equipment:
(i) Of a permanent character and accordingly strong enough to be suitable

for repeated use.
(ii) Specially designed to facilitate the carriage of goods by one or more
modes of transport, without intermediate re-loading.
(iii) Fitted with devices permitting its ready handling, particularly its transfer
from one mode of transport to another; and
(iv) Specially designed as to be easy to fill and empty.
k) ‘International Voyage’ means

(i) In the case of a conveyance, a voyage between points of entry in the
territories of more than one State, or a voyage between points of entry
in the territory or territories of the same State if the conveyance has
contacts with the territory of any other State on its voyage.
(ii) In the case of a traveler, a voyage involving entry into the territory of a
State other than the territory of a State in which the traveler commences
his voyage.
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MARITIME LAW IHR
FREE PRATIQUE:
 Health clearance is called free pratique. It literally means permission to
disembark and commence cargo operations.
 Health clearance is required if there has been on board during the previous
28 days, any of the occurrences which the Master is required to report. If no
such occurrences are there then the Port Health Officer will generally give
free pratique.
 A certificate of vaccination against yellow fever is the only other certificate
now required under these regulations for international travel, especially for
African countries. Every seafarer must have this International vaccination
certificate for yellow fever.
 Before granting free pratique, Port health officers usually check the
Maritime declaration of health, valid SSCEC / SSCC and yellow fever
vaccination report of all persons onboard.
 Radio Free Pratique is the granting of free pratique to a ship or aircraft by
Radio or other communication means, on the basis of information received
from it prior to its arrival, when the State Party is of the opinion that the
arrival of the ship or aircraft will not result in the introduction or spread of
disease. All State parties are encouraged to make provisions for the
granting of free pratique by radio or other communication means so as to
avoid unnecessary details to the vessel.
SHIP SANITATION / DERATTING CERTIFICATE:

 The Deratting Certificate/Deratting Exemption Certificate was issued under
older regulations. Under IHR 2005, this certificate is no more valid and is
replaced by the new Ship Sanitation Control Exemption Certificate (SSCEC)
/Ship Sanitation Control Certificate. (SSCC)
 Every ship engaged on International voyages must carry a valid Ship
Sanitation Control Exemption Certificate /Ship Sanitation Control Certificate.
 These certificates are issued by the Port health authority and are valid for a
period of 6 months. If the inspection or control measures were not possible
to be accomplished at a port, the validity may be extended by one month.
 When inspected by the competent authority, if no evidence of a public
health risk is found on board, then the competent authority issues a SSCEC.
But if evidence of a public health risk is found on board, the competent
authority shall complete necessary control measures and then issue a SSCC.
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MARITIME LAW IHR
 If the conditions in which control measures were taken were not ideal to
give satisfactory results, this should be noted on the existing SSCC & control
measures must be completed at another port before a new SSCC is issued.
 The SSCC issued includes a note of the evidences found & measures taken.
 The port State may proceed to take action as per the provisions of the IHR,
if the ship fails to produce a valid SSCC / SSCEC or if the ship shows evidence
of a public health risk.
 Whenever control measures are to be carried out, it is ideal for the ships to
be in ballast condition with all holds empty. i.e. prior loading at load port.
 The SSCEC is issued only when all holds are empty and it is possible to carry
out a thorough inspection.
 WHO advises the certificates to be completed in English and/or in French, or
a translation in English/French if completed in any other language.
DECLARATION OF HEALTH
 The Master of a ship must ascertain the state of health onboard before
arrival at the first port of call in a State.
 The master must deliver a Maritime Declaration of health to the competent
authority upon arrival or in advance before arrival if the State requires so.
 The declaration should be countersigned by the ship’s surgeon if carried.
 Such a declaration is a must always. However, it is the discretion of the State
to decide which vessels must submit the Maritime declaration of health.
 A state may decide to dispense with submission of the declaration by all
ships that arrive at its Ports.
 A state may require only those ships arriving from affected areas or those
ships which might carry infection or contamination to submit the
declaration.
 The master of the ship or the ship’s surgeon carries the obligation to
provide relevant information to the competent authority about the health
condition onboard the ship during an international voyage.
 The format of the declaration should be as per the model provided in the
Annex of IHR. The format contains the following declarations -
a) Any deaths onboard during the voyage other than by an accident
b) Any infectious disease suspected on board
c) Total number of ill persons on board
d) Was a medical practitioner consulted
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MARITIME LAW IHR
e) Any condition on board which may lead to infection or spread of disease

f) Any sanitary measure been applied on board
g) Any stowaways been found on board
h) Any sick animal or pet on board
i) Valid SSCEC/SSCC carried on board (Date & place of issue & expiry)
j) If re-inspection required
k) Last analysis of drinking water (Date and place)
l) Medical certificate (date and place of issue)
m) Port of call list (present voyage or last 30 days)
n) If fumigated cargo / containers transported
o) Persons who joined ship since international voyage began or within past
30 days
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MARITIME LAW HSSC, ESP, CAS, CAP
HSSC, ESP, CAS & CAP
HARMONISED SYSTEM OF SURVEYS & CERTIFICATION (HSSC):
 The HSSC came into force in the year 2000. Previously, the ship’s statutory
certificates were all issued on different dates which corresponded with the
date of completion of each individual initial survey. Also, they had different
periods of validity.
 When their annual surveys and other surveys became due, preparations had
to be done for each individual survey. Often preparations were duplicated
as items for inspection under different surveys overlapped.
 Thus, ship’s officers were constantly under pressure to prepare the ship for
surveys all the time. It also became a problem for the certifying authorities
who had to board the ship for survey, several times during the course of the
year for carrying out surveys which became due on varying dates.
 In order to tackle this problem, the IMO has ‘harmonized’ the system to
provide ease and uniformity. Salient features of the HSSC are as follows:
1. All certificates that fall under this system will be issued on one date only,
so that all annual and other surveys for each certificate will fall on the
same dates.
2. There will be a one-year standard interval between surveys.
3. All cargo ship safety certificates are designed for 5-year validity with
annual endorsements. The Passenger ship safety certificate remains valid
for one year and there is no change in that.
4. The first survey which a ship undergoes is always the Initial Survey. The
date of completion of ALL the surveys is the date of issue of each
certificate.
5. Annual surveys may be carried out within 3 months before or after the
anniversary date of the certificate. The intermediate surveys may be
carried out within 6 months of the half-way date of the certificate. That
means the intermediate survey will be carried out together with, or in
place of, second or third annual survey.
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6. Renewal survey can be carried out upto 3 months prior to the date of
expiry of the certificate without loss of validity. A 3-month extension of
validity is possible to enable a ship to complete its voyage (one month
for ships engaged on short voyages). The date of issue of such
certificates will be from the date of expiry of the existing certificate
before extension.
7. Atleast two inspections of the ship’s bottom are to be carried out in a
period of 5 years, with maximum interval between the two inspections
to not exceed 36 months.
CERTIFICATES YEAR 0 1st 2nd 3rd 4th 5th

Passenger Ship Safety Certificate I R R R R R
Cargo Ship Safety Equipment Certificate I A A/P P/A A R
Cargo Ship Safety Radio Certificate I P P P P R
Cargo Ship Safety Construction Certificate I A A/Int. Int./A A R
IOPP Certificate I A A/Int. Int./A A R
Load Line Certificate I A A A A R
COF (Gas, Chemical) I A A/Int. Int./A A R
IAPP Certificate I A A/Int. Int./A A R
Cargo Gear Inspection I A A A A R
I = Initial, A = Annual, R = Renewal, P = Periodical, Int. = Intermediate
ENHANCED SURVEY PROGRAMME (ESP):
 The ESP has been made mandatory by IMO and SOLAS Chapter XI in order
for the ships to maintain the ESP Notation of Class.
 It is mandatory for the following ships:-
1. Oil Tankers.
2. Product tankers and Chemical Tankers
3. Bulk Carriers (including ore-carriers and combination carriers)
 The ESP came into force in response to the large number of losses of bulk
carriers and pollution caused by accidents on tankers. In order to prevent
this, enhanced (more stringent) hull surveys were required, for which the
IACS has developed the ESP.
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 ESP contains unified requirements to be adopted by all Classification

Societies while surveying tankers and bulk carriers.
 The Continuous Hull Survey (CHS) is now replaced by the ESP for ships to
which it is applicable.
 A ‘survey programme’ has to be prepared by the Owner and submitted to
the Recognized Organisation (RO), 6 months prior to the survey.
 The ESP may be commenced at the 4th Annual Survey and be progressed
during the succeeding year with a view to completion by the 5th Anniversary
date.
 IMO gives guidelines for preparation for the ESP survey in the form of two
annexes – one for bulk carrier and one for oil tankers.
Some definitions-
1. Close-up examination – is one where details of structural components within
the inspection range of the surveyor i.e. normally within reach of hand are
closely examined.
2. Overall survey – is intended to report on the overall condition of the tank /
hold / hull structure and determine the extent of additional close-up surveys
required.
3. Suspect areas – are the locations which are considered prone to rapid
wastage or which show excessive corrosion.
Planning and Preparation-

 Proper planning and co-operation between the Owner and the Class will
ensure quality of the survey.
 For this, a specific ‘Survey Programme’ is worked out in advance and
submitted to the Classification Society for approval.
 Proper preparations must be carried out by way of cleaning, descaling and
rigging proper means of access acceptable to the surveyor. For example,
scaffoldings, cherry pickers, boats or rafts, etc. together with proper
illumination.
 The Survey Planning Document must identify critical areas which are high
risk and stipulate its location, extent and means of close-up examination.
 The Survey Planning document must also contain ship particulars, plans of
tanks / holds, its mean of corrosion protection, tanks and areas nominated
for close-up examinations and thickness measurement.
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Documentation –
 Apart from ‘Survey Programme’, the vessel must have onboard all the
documents as required by the surveyor. These usually include –
1. Main structural plans of holds and tanks.
2. Previous repair history.
3. Cargo and ballast history.
4. Records of inspection of these spaces by ship’s personnel.
During the Survey-
 The Owner must provide all necessary facilities for safe execution of the
survey. Spaces to be inspected must be clean, well illuminated and safe for
entry. Communication systems should be arranged between the survey
party in the tank and responsible officer on deck.
 Gas-meters, oxygen monitors, breathing apparatus, lifelines, whistles, etc.
should be at hand during the survey.
 A safety checklist should be provided and all necessary precautions must be
taken and procedures must be followed.
 Following will be checked in a Bulk Carrier –

1. All holds, ballast tanks, pipe tunnel, cofferdams, hold void spaces, deck
and outer hull, supplemented by thickness measurement where
required.
2. Checks for substantial corrosion, significant deformation, fractures,
damages, etc.
3. Piping and cargo gear condition. Hatch covers and their operation,
securing in open position, weather tightness, other components, etc.
4. Hatch coaming, girders, stiffeners, etc.
5. Pressure testing of ballast and FW tanks.
 Following will be checked on a Tanker –

1. Hull structure, piping system, pump-rooms, cofferdams, pipe tunnel, void
spaces, ballast tanks, etc. supplemented by thickness measurements
where required.
2. Checks for substantial corrosion, structural defects and damages, etc.
3. Pressure testing of cargo, ballast and FW tanks.
4. Documentation, PMS, etc.
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Evaluation –
 The data and information collected during the survey is evaluated and if
accepted, then it is endorsed by the Administration.
 The conclusions of the analysis will form part of the ‘Condition Evaluation
report’ which will be issued to the Owner and placed onboard the ship for
reference at future surveys. The Condition Evaluation report must be in
English (or translation in English) and must be kept on board for the lifetime
of the ship.
 A ‘survey report file’ should be made by the Master and preserved onboard
which must contain,
1. Condition Evaluation Report
2. Thickness measurement reports
3. Reports of structural surveys
4. Survey planning document
 The file must also be available at the Owner’s and Administration’s offices.
 The reports are valid for a period of 5 years and next survey must be carried
out between the next 4-5 years.
CONDITION ASSESSMENT SCHEME (CAS):

 Condition Assessment scheme (CAS) entered into force on 5th April, 2005.
 The CAS is a mandatory survey scheme which imposes certain pollution
prevention measures for single hulled oil tankers. It is somewhat similar to
the ESP but it is applicable only to single hulled oil tankers, in particular to
those that are 15 years or older. These tankers are subjected to mandatory
CAS, adopted by the MEPC.
 In addition to the mandatory requirement, some Flag States or Port States
may require compliance with these requirements even if the ship is not over
15 years old. In order to permit further trading under the flag / port state,
such local regulations must be complied with.
 To readily identify the ships required to comply with CAS, a ‘Memo’ is added
to the ship’s survey status, further emphasizing the requirements.
 Classification societies undertake CAS surveys on behalf of Administration.
 CAS is intended to complement the requirements of ESP and should be
undertaken in conjunction with the ESP, concurrent with the Intermediate
or Renewal Survey.
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 The first such assessment must be done concurrent with the first
intermediate or special survey of Class due after 5th April 2005 or when ship
completes 15 years of age, whichever occurs later.
 There is a requirement for proper preparatory measures to be undertaken
prior to conducting the survey. These requirements are as follows:
1. Initial Notification from the Company to the Administration must be sent
8 months prior to the planned commencement date of the survey.
2. The Administration shall consider the notification and review the vessel’s
history, detention records, casualty history, major NC’s, safety inspection
reports, etc. If all found satisfactory, the Administration will authorize
the RO to commence the CAS process on that ship.
3. Upon receipt of authorization, the RO shall issue to the Company the
‘survey planning questionnaire’, not later than 7 months prior the
planned commencement date of the survey.
4. The Company shall complete and return the questionnaire to the Class
and sent a copy to the Administration, not less than 5 months prior the
planned commencement of the survey.
5. In co-operation with the RO, the company shall prepare and complete a
‘Survey Plan’ for CAS and submit the same to the Class Office (copy to
Administration) not less than 2 months prior the planned
commencement of the survey.
6. The Administration shall review the plan to confirm compliance with the
CAS requirements. After the plan is agreed and approved, the survey
may commence.
 Prior to commencement of CAS survey, the Company shall inform the

Administration of the final arrangements, including a CAS survey location,
commencement date, duration and date of pre-survey meeting.
 The Administration may decide to take part or monitor the survey progress.
 During the inspection, the hull structure in way of cargo tanks, pump rooms,
cofferdams, pipe tunnels, void spaces, cargo and ballast tanks, etc. will be
inspected and may require additional thickness measurements and close-up
surveys than that required by ESP.
 On completion of the survey, the attending surveyor will issue an Interim
Statement of Compliance valid for a period of 5 months. After completion of
the CAS final report, and verification by Administration, the final CAS
Statement of Compliance will be issued by the Administration.
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 Further CAS surveys will then be carried out at intervals of 5 years, following
the same procedures. (Different Classification societies may have different
requirements)
CONDITION ASSESSEMENT PROGRAM (CAP):
 CAP is a voluntary program, initially developed by the oil industry, to assess

the continued fitness of older ships to carry their cargoes safely.
 The commercial opportunities of an old tanker, bulk carrier or container
vessel is severely limited without a satisfactory CAP rating. Cargo owners
and major charterers require or prefer either CAP 1 or CAP 2 rating for all
older vessels fixed to carry their cargo. This is why, CAP is adopted.
 Statistics show that ships over the age of 20 years are four times more likely
to be involved in an accident.
 CAP is a recognized method for a ship owner to demonstrate the quality
and suitability of a vessel for the charterer and his cargo.
 CAP involves a detailed survey including,
1. Thickness Gauging of the vessel’s structure
2. Sophisticated strength and fatigue engineering analysis
3. Testing of vessel’s machinery, equipment and cargo systems
 In the CAP survey, two experienced surveyors will be informed of the
specific areas of fatigue concerns, and will conduct a close-up visual
inspection, supported by an extensive photographic record, of all cargo and
ballast spaces to determine the degree of structural deterioration.
 An approved gauging (thickness measurement) firm will conduct a
comprehensive ultrasonic gauging of the hull subject to maximum bending
moments. With the results and coupled with past repair history and original
scantling, the engineers conduct an evaluation of the vessel’s structural
strength.
 The surveyors will also carry out function tests on Main engine, aux.
engines, steering gear, electric power supply, cargo pumps, ballast pumps,
venting systems, etc.
 The results of these tests, together with strength and fatigue assessment
records are evaluated by Classification society experts and a final CAP rating
is assigned to the ship.
Page 124 of 233

 CAP 1 means very good and CAP 2 means good, which is required by most
charterers. Both these ratings suggest that the vessel has been maintained
to a standard in excess of the Classification minimums.
 The survey takes about 10 days, hence to avoid operational disturbance, it is
recommended that the survey is undertaken while vessel is in ballast
condition at sea. It is also recommended that CAP survey is co-ordinated
with vessel’s special or intermediate Class survey whenever possible.
 Even for CAP, a survey plan must be worked out in advance with the Class, a
survey planning meeting must be held and documented.
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Page 125 of 233

MARITIME LAW SPECIAL TRADE PASSENGER SHIPS
SPECIAL TRADE PASSENGER SHIPS
 The Special Trade Passenger Ships Agreement was adopted in 1971 and
entered into force in 1974. There was a Protocol on Space Requirements for
Special Trade Passenger Ships in 1973, which entered into force in 1977.
 Some countries in the Indian Ocean area have the interesting practice of
special trades like transporting pilgrims, where a ship is permitted to carry a
large number of unberthed passengers within a restricted sea area.
 It was regulated under the Simla Rules of 1931, which became outdated
following the adoption of the 1948 and 1960 SOLAS Conventions.
 As a result, IMO convened an International Conference in 1971 to consider
safety requirements for special trade passenger ships in relation to the 1960
SOLAS Convention.
 Special Trade Passenger Ships Rules are included in an Annex to the
Agreement, which provide modifications to some of the regulations of the
1960 SOLAS Convention.
 After the 1971 agreement, IMO, in cooperation with other Organizations,
particularly the World Health Organisation (WHO), developed technical
rules covering the safety aspects of carrying passengers on board such
ships. These were reflected in the Annex to the 1973 Protocol on Space
Requirements for Special Trade Passenger Ships.
 The space requirements for special trade passenger ships are
complementary to the 1971 Special Trade Passenger Ships Agreement.
 “Special Trade” means the conveyance of large number of special trade
passengers by sea on International voyages with the area specified in the
Agreement.
 “Passenger” means every person other than the Master or members of the
crew or other persons employed in any capacity on that ship, and except a
child less than one year of age.
 “Special Trade Passenger” means a passenger carried in special trade in
spaces on weather decks, upper deck or between decks which
accommodate more than 8 passengers.
 “Special Trade Passenger Ship” means a mechanically-propelled passenger
ship which carries a large number of special trade passengers.
Page 126 of 233

 A ship which is engaged in Special Trade must carry the following

certificates, and produce it when required, failing which the customs
collector will not grant port clearance.
1. Passenger Ship Safety Certificate

2. Exemption Certificate
3. Special Trade Passenger Ship Safety Certificate (validity max. 12 months)
4. Special Trade Passenger Ship Space Certificate (validity max. 12 months)
5. Certificate B (as per MS Act, if applicable)
CONTENTS OF STP SHIP SAFETY CERTIFICATE:

 Name, Call Sign, Port of Registry, Gross Tonnage
 Date on which keel was laid
 Name and signature of the Official, with official Seal and Country Name
 Maximum number of crew & passengers that can be carried.
 Subdivision load lines (D1-D3 Freeboards)
 Total number of persons for whom Life saving appliances are provided
 Total number of lifeboats and their capacity
 Total number of liferafts with launching devices and their capacity.
 Total number of liferafts for which launching devices are not required and
their capacity.
 Total number of buoyant apparatus and number of persons it can support
 Number of lifebuoys and lifejackets
 Valid until date and Date and Place of issue of the certificate
CONTENTS OF STP SHIPS SPACE CERTIFICATE:

 Ship particulars
 Table of space available for accommodation of special trade passengers
 Location of spaces
 Number of passengers for less than 24 hours, 24 hours and over but less
than 72 hours, 72 hours over (Existing ships 24 to 48 hours in seasons of fair
weather)
Page 127 of 233

SPACES WHERE SPECIAL TRADE PASSENGERS CANNOT BE CARRIED:
 No special trade passenger shall be carried:

1. On any deck lower than the one immediately below the deepest
subdivision load line
2. At any point in a between deck space where the clear headroom is less
than 1.9 m.
3. Forward of the collision bulkhead or the upward extension thereof.
4. On lower between decks within 10% of the length of the ship from the
forward perpendicular.
5. On any weather deck which is not sheathed to the satisfaction of the
Administration.
 During seasons of foul weather, spaces on the weather deck shall not be
measured as being available for the accommodation of special trade
passengers.
SUB-DIVISION LOADLINE FOR STP SHIPS:
 With respect to passenger ships, subdivision load lines are marked so as to

indicate the depth to which the ship can be loaded having regards to the
extent to which the ship is subdivided and space which has been allocated
to the passengers. No ship shall be loaded so as to submerge the
appropriate subdivision load line in salt water.
 For the STP ships, the subdivision load lines assigned and marked, the
corresponding freeboard and the conditions of service for which it is
approved, shall be clearly indicated on the Special Trade Passenger Ship
Safety Certificate.
 They shall be distinguished by the notation D.1 for the principle passenger
condition, and D.2, D.3, etc., for the alternative conditions.
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Page 128 of 233

MARITIME LAW COGSA
Carriage of Goods by Sea Act (COGSA)

 COGSA of any country is an act which governs the rights and responsibilities
between the shippers of cargo and the ship-owners, regarding ocean
shipment of goods, to or from that country.
 Every government worldwide which accepts certain rules of ‘carriage of
goods by sea’ gives force to those rules by passing them in the Parliament.
For example, COGSA (India), COGSA US, COGSA UK, etc.
 In COGSA India, only those points which are relevant and beneficial to the
country are included, under the ‘Schedule’ of the Act.
 Even though deck cargoes, live animals, containers on deck are not
permitted under Hague and Hague-Visby rules, they can still be carried
under COGSA India and the same is mentioned as definition for ‘Goods’.
 As per COGSA India, “Goods” includes any property including live animals as
well as containers, pallets or similar articles of transport or packaging
supplied by the consignor, irrespective of whether such property is to be
carried on or under deck.
 Whenever goods are carried on deck or live animals are carried, the same is
required to be mentioned in the Bill of Lading.
 Many of the rules in COGSA of any country remain pretty much the same as
provided in Hague or Hague-Visby Rules.
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Page 129 of 233

MARITIME LAW MARPOL 73/78
MARPOL 73/78
International Convention for the Prevention of Pollution from Ships (MARPOL)
 MARPOL is the main international convention covering prevention of

pollution of the marine environment by ships from operational or accidental
causes.
 The convention was adopted in 1973 and had a protocol in the year 1978 and
1997. After the Convention was adopted in 1973, there was a 1978 Protocol
adopted in response to a spate of tanker accidents in 1976-1977. As the 1973
MARPOL Convention had not yet entered into force, the 1978 MARPOL
Protocol absorbed the parent Convention. The combined instrument
entered into force on 2 October 1983. (MARPOL 73/78)
 In 1997, a Protocol was adopted to amend the Convention and a new Annex
VI was added which entered into force in 2005. MARPOL has been updated
by amendments through the years.
 The Convention includes regulations aimed at preventing and minimizing
pollution from ships - both accidental pollution and that from routine
operations - and currently includes six technical Annexes.
 Following are the 6 annexes of MARPOL:
Annex I: Regulations for the Prevention of Pollution by Oil
(entered into force 2 October 1983)
This Annex covers prevention of pollution by oil from operational measures
as well as from accidental discharges. The 1992 amendments made it
mandatory for new oil tankers to have double hulls and brought in a phase-
in schedule for existing tankers to fit double hulls.
Annex II: Regulations for the Control of Pollution by Noxious Liquid

Substances in Bulk
(entered into force 2 October 1983)
This Annex details the discharge criteria and measures for the control of
pollution by noxious liquid substances carried in bulk. Some 250 substances
were evaluated and included in the list appended to the Convention. The
discharge of their residues is allowed only to reception facilities until certain
concentrations and conditions (which vary with the category of substances)
are complied with.
Page 130 of 233

Annex III: Prevention of Pollution by Harmful Substances Carried by Sea in

Packaged Form
(entered into force 1 July 1992)
This Annex contains general requirements for the issuing of detailed
standards on packing, marking, labelling, documentation, stowage, quantity
limitations, exceptions and notifications related to Harmful substances that
are carried by Sea in packaged form. “Harmful substances” are those
substances which are identified as marine pollutants in the IMDG Code or
which meet the criteria in the Appendix of Annex III.
Annex IV: Prevention of Pollution by Sewage from Ships

(entered into force 27 September 2003)
This Annex contains requirements to control pollution of the sea by sewage.
It gives the criteria for discharge of sewage into sea and other
requirements.
Annex V: Prevention of Pollution by Garbage from Ships

(entered into force 31 December 1988)
This Annex deals with different types of garbage and specifies the distances
from land and the manner in which they may be disposed of. The most
important feature of the Annex is the complete ban imposed on the
disposal into the sea of all forms of plastics.
Annex VI: Prevention of Air Pollution from Ships

(entered into force 19 May 2005)
This Annex sets limits on sulphur oxide and nitrogen oxide emissions from
ship exhausts and prohibits deliberate emissions of ozone depleting
substances. The designated emission control areas set more stringent
standards for SOx, NOx and particulate matter.
Page 131 of 233

ANNEX I: REGULATIONS FOR THE PREVENTION OF POLLUTION BY OIL
Special Areas: Following are the special areas under Annex-I

1. Black Sea
2. Baltic Sea
3. Mediterranean Sea
4. Red Sea
5. Gulfs Area
6. Gulf of Aden area
7. Oman Area of Arabian Sea
8. Antarctic area
9. NW European waters
10. Southern South African waters
(Key to Remember: BBM-GReen-GOANS)
Surveys: For an oil tanker of 150 GT and above, and other ships 400 GT and above,
1. Initial Survey – before entering in service for the first time.

2. Renewal Survey- every 5 years
3. Intermediate Survey – within 3 months before or after 2nd of 3rd anniversary
date and in place of the annual survey.
4. Annual Survey – within 3 months before or after each anniversary date.
5. Additional Survey- after major repairs, modifications, etc.
 Survey is conducted by Administration or RO on their behalf.

 On successful completion of the Initial and Renewal survey, IOPP certificate
is issued, with validity not more than 5 years.
 Annual and intermediate surveys must be endorsed on the Certificate.
 The IOPP certificate ceases to be valid if
a) Surveys are not completed in time
b) Certificate is not endorsed as required
c) Change of Flag
Page 132 of 233

Discharge Criteria: For all ships of 400 GT and above, oil and oily waste from
machinery spaces can be discharged under the following conditions:
a) Ship must be enroute.
b) Ship must use the oil filtering equipment.
c) The oil content must not exceed 15ppm.
d) The mixture must not have its source from pumproom bilges.
e) The mixture must not be mixed with oil cargo residues.
(Note: If all above conditions are complied, the oily waste can even be discharged
in special areas except for Antarctica Area)
Discharge Criteria: Discharge of oil from oil tankers is prohibited, unless

complying with all of the following criteria,
a) Ship must not be in a special area.
b) Ship must be more than 50 NM away from the nearest land.
c) Ship must be enroute.
d) The instantaneous rate of discharge must not exceed 30L/NM
e) Total quantity discharged must not exceed 1/30000 of the residue formed
cargo.
f) Ship must have in operation ODMCS and slop tank arrangements.
SOPEP:
 All oil tankers of 150 GT and above and all other ships of 400 GT and above
must have onboard a Shipboard Oil Pollution Emergency Plan (SOPEP).
 The plan must be made as per IMO guidelines and approved by the
Administration and written in the working language of Master & officers.
 The purpose of SOPEP is to provide guidance to the Master and officers on
the course of action to be taken following an oil pollution incident.
 SOPEP must be ship-specific and must include a flow chart, which will serve
as a guide in reporting procedures during an oil pollution incident.
 The contents of SOPEP are as follows –
a) The procedure to be followed by the Master or other person incharge of
the ship, to report the oil pollution incident. It must also include an initial
report format and other subsequent reporting formats. It must include
information on when to report, whom to report and information
required to be reported.
Page 133 of 233

b) A detailed description of action to be taken immediately by persons

onboard to reduce or control the discharge of oil following the incident.
c) Details of the follow-up actions to be taken, specifying role of shipboard
personnel.
d) The list of coastal state contacts and port contact lists or persons to be
contacted in the event of oil pollution incident.
e) The procedure and point of contact on the ship for co-ordinating the
shipboard action with nation and local authorities in combating pollution.
f) Various plans of the ship like GA plan, pumping arrangement, midship
section, etc.
g) Inventory of all SOPEP equipments carried onboard.
 SOPEP equipments are stored in a designated SOPEP locker. The
equipments include Oil absorbent rolls, pads, pillows, sawdust, OSD, non-
spark shovels, plastic buckets, scoops, plastic drums (200L), portable air-
driven pump, oil booms, brooms, etc.
 Following an oil incident, the Master must inform the Company, QI (if in US
waters), local or national response centre, terminal representative, agent,
P&I and H&M.
 SOPEP may be combined with SMPEP (Annex II).
OIL RECORD BOOK – Part I

 ORB-I is for machinery space operations. All oil tankers of 150 GT and above,
and other ships of 400 GT and above must carry an oil record book (1).
 Following entries must be made in the ORB-1:
a) Ballasting or cleaning of oil fuel tanks.
b) Discharge of dirty ballast or cleaning water from oil fuel tanks.
c) Collection and disposal of oil residues (sludge and other oil residues)
d) Discharge overboard or disposal otherwise of bilge water which has
accumulated in machinery spaces.
e) Bunkering of fuel or bulk lubricating oil.
f) Any accidental or other exceptional discharge of oil not excepted by the
regulations, stating the circumstances and the reasons for the discharge.
 Each of the above operation must be fully recorded without delay in the
ORB-1. Each completed operation shall be signed by the officer or officers in
charge of the operations concerned and each completed page shall be
signed by the master of ship.
Page 134 of 233

 Any failure of the oil filtering equipment shall be recorded in the ORB-1.
 The ORB-1 shall be kept readily available for inspection. It shall be preserved
for a period of three years after the last entry has been made.
 Any PSCO or other competent authority may inspect the ORB-1 and may
make a copy of any entry and may require the master of the ship to certify
that the copy is a true copy of such entry.
OIL RECORD BOOK – PART 2
 ORB-2 is for Cargo/ballast operations. Every oil tanker of 150 GT and above,
shall be provided with an Oil Record Book Part II (Cargo/Ballast Operations).
 Entries to be made in the ORB-2 are as follows:
a) Loading and unloading of oil cargo;
b) Internal transfer of oil cargo during voyage;
c) Ballasting of cargo tanks and dedicated clean ballast tanks;
d) Discharge of ballast except from segregated ballast tanks;
e) Cleaning of cargo tanks including crude oil washing;
f) Discharge of water from slop tanks;
g) Closing of all applicable valves or similar devices after slop tank discharge
operations;
h) Closing of valves necessary for isolation of dedicated clean ballast tanks
from cargo and stripping lines after slop tank discharge operations; and
i) Disposal of residues;
j) Any accidental or other exceptional discharge of oil not excepted by the
regulations, stating the circumstances and the reasons for the discharge.
k) Any failure of the oil discharge monitoring and control system.
 Each of the above operation must be fully recorded without delay in the
ORB-2.
 Each completed operation shall be signed by the officer or officers in charge
of the operations concerned and each completed page shall be signed by
the master of ship.
 The ORB-2 shall be kept readily available for inspection. It shall be preserved
for a period of three years after the last entry has been made.
 The PSCO or other competent authority may inspect the ORB-2 and may
make a copy of any entry in that book and may require the master of the
ship to certify that the copy is a true copy of such entry.
Page 135 of 233

CONTENTS OF IOPP CERTIFICATE:
a) Name of the Country under whose authority the certificate is issued.

b) Name of the competent person or RO issuing the Certificate.
c) Particulars of the ship (Name, Call Sign, POR, GT, DWT, IMO Number)
d) Type of ship (Oil tanker or not)
e) Statement that ship has been surveyed and found compliant with
regulations of Annex 1 of MARPOL.
f) Validity date of the certificate
g) Place and Date of Issue of the certificate
h) Signature of authorized official issuing the certificate
i) Seal or stamp of the authority
j) Page for Endorsement for annual and intermediate surveys and other
endorsements.
IOPP SUPPLEMENTS:
 IOPP Certificate has two supplements - Form A and Form B.

 Form A is the record of construction and equipment for ships other than oil
tankers. Form B is the record of construction and equipment for oil tankers.
 The supplement has the detailed ship particulars and record of all the
equipments that are fitted onboard and approved by the surveyor to be
complying with the regulations. For example, the following are recorded:
a) Equipment for the control of oil discharge from machinery space bilges
and oil fuel tanks Fuel Oil Tank.
b) Means for retention and disposal of oil residues (sludge) and bilge water
holding tank.
c) Standard Discharge connection
d) SOPEP, COW requirements, SBT / CBT details (Form B)
e) Pumping, piping and discharge arrangements (Form B)
f) Constructional requirements
g) Exemptions
h) Equivalents
Page 136 of 233

ANNEX II: REGULATIONS FOR THE CONTROL OF POLLUTION BY NOXIOUS LIQUID

SUBSTANCES IN BULK.
Categories of NLS:
 Category X: Noxious liquid substances which, if discharged into the sea

from tank cleaning or deballasting operations, are deemed to present a
major hazard to either marine resources or human health and, therefore,
justify the prohibition of the discharge into the marine environment.
 Category Y: Noxious liquid substances which, if discharged into the sea from
tank cleaning or deballasting operations, are deemed to present a hazard to
either marine resources or human health or cause harm to amenities or
other legitimate uses of the sea and therefore justify a limitation on the
quality and quantity of the discharge into the marine environment.
 Category Z: Noxious liquid substances which, if discharged into the sea from
tank cleaning or deballasting operations, are deemed to present a minor
hazard to either marine resources or human health and therefore justify less
stringent restrictions on the quality and quantity of the discharge into the
marine environment.
 Other substances: Substances indicated as OS (Other substances) in the
pollution category column of chapter 18 of the IBC Code which have been
evaluated and found to fall outside category X, Y or Z, because they present
no harm to marine resources, human health, amenities or other legitimate
uses of the sea when discharged into the sea from tank cleaning or
deballasting operations.
PUMPING, PIPING, UNLOADING ARRANGMENTS
Pumping and piping arrangements shall be such as to provide the following:

 Ships build before 1st July 1986 – retain 300 L maximum per tank (Category X
& Y) and 900 L maximum per tank (Category Z)
 Ships build after 1st July to 1st Jan 2007 – retains 100 L maximum per tank
(Category X and Y) and 300 L maximum per tank (Category Z)
 Ships build after 1st Jan 2007 – retains 75 L maximum per tank (all
categories)
To check for compliance, pump performance test must be carried out using water.
Page 137 of 233

DISCHARGE CRITERIA FOR NLS:
Category X Cargo:
 Mandatory pre-wash is required. The wash water is discharge to shore
reception facilities until concentration is 0.1% by weight, as checked by the
surveyor. After reaching this concentration, washing may be completed and
all wash water discharged to the facility till the tank is empty. After this any
water introduced in the tank can be discharged at sea, as per the following
discharge criteria,
a) Ship must be enroute with minimum speed of 7 knots (4 knots if not self-
propelled)
b) Ship must be 12 NM away from nearest land.
c) Water depth must be atleast 25m.
d) Discharge must be made below the water line.
 Entries must be made in the Cargo Record Book and endorsed by surveyor.
Category Y and Z Cargo:

 Pre-wash is mandatory of only high viscosity or solidifying cargo of Cat-Y. In
this case, wash water must be discharged to shore reception facilities till the
tank is empty. The time for which the pre-wash must be carried out will be
as per the P&A Manual.
 For other cargoes of Category Y and Z, the tank must be stripped till the
desired quantity remains in the tank. Now, any water introduced in the tank
can be discharged at sea, as per the following discharge criteria,
a) Ship must be enroute with minimum speed of 7 knots (4 knots if not self-
propelled)
b) Ship must be 12 NM away from nearest land.
c) Water depth must be atleast 25m.
d) Discharge must be made below the water line. (For Cat-Z, only for ships
built after 1st Jan 2007)
SPECIAL AREA: Annex II has only one special area - Antarctic area where any
discharge into the sea of noxious liquid substances or mixtures containing such
substances is prohibited.
Page 138 of 233

CARGO RECORD BOOK:

 Every ship to which Annex 2 applies shall be provided with a Cargo Record
Book. Entries should be promptly made in this book after completion of any
of the following operations:
A) Loading of cargo
B) Internal transfer of cargo
C) Unloading of cargo
D) Mandatory prewash in accordance with the ship’s P&A Manual
E) Cleaning of cargo tanks except mandatory prewash
F) Discharge into the sea of tank washings
G) Ballasting of cargo tanks
H) Discharge of ballast water from cargo tanks
I) Accidental or other exceptional discharge
J) Control by authorized surveyors
 Each of these operations are Coded with alphabets and the details required
to be recorded under each Code are numbered.
 Each entry shall be signed by the officer or officers in charge of the
operation concerned and each page shall be signed by the master of the
ship.
 The Cargo Record Book shall be kept readily available for inspection and
shall be retained for a period of three years after the last entry has been
made.
 The PSCO or other competent authority may make a copy of any entry in the
CRB and may require the master of the ship to certify that the copy is a true
copy of such entry.
SMPEP
 SMPEP stands for Shipboard marine pollution emergency plan.
 Every ship of 150 GT and above certified to carry NLS in bulk shall carry on
board a SMPEP for noxious liquid substances approved by Administration.
 Such a plan shall be based on IMO Guidelines, and written in a working
language or languages understood by the master and officers.
 The plan shall consist at least of:
a) The procedure to be followed by the master or other persons having
charge of the ship to report a NLS pollution incident.
Page 139 of 233

b) The list of authorities or persons to be contacted in the event of a NLS

pollution incident.
c) A detailed description of the action to be taken immediately by persons
on board to reduce or control the discharge of NLS following the
incident.
d) The procedures and point of contact on the ship for coordinating
shipboard action with national and local authorities in combating the
pollution.
 If the requirements of SOPEP of Annex 1 also apply to the ship, then SMPEP
may be combined with the SOPEP. In this case, the title of the combined
plan would be SMPEP.
Surveys & Certification:
 Initial, Intermediate, Renewal & Additional survey (same way as for Annex I)
 After the initial and renewal survey, the ‘International Pollution Prevention
Certificate for carriage of NLS in Bulk’ is given, with maximum validity of 5
years.
Contents of the Certificate:
1. Name of the country under whose authority the certificate is issued.

2. Name of the competent person or organization issuing the certificate.
3. Particulars of the ship (Name, Call Sign, IMO number, POR, GT)
4. A statement that the ship has been surveyed as required by Annex II.
5. A statement that the ship complies with the requirements of Annex II.
6. A statement that the ship has been provided with P&A Manual as required.
7. List of NLS that can be carried along with their pollution category
8. Valid upto date
9. Completion date of the survey
10. Date and place of issue of the certificate
11. Signature of duly authorized official issuing the certificate
12. Seal or stamp of the authority
13. Pages for various Endorsements
Page 140 of 233

ANNEX III: PREVENTION OF POLLUTION BY HARMFUL SUBSTANCES

CARRIED BY SEA IN PACKAGED FORM
 This annex applies to all ships carrying harmful substances in packaged

form. Harmful substances are those identified as marine pollutants in the
IMDG Code. This does not apply to ship stores.
 The Annex gives the regulations on the packing, marking and labelling of
the harmful substances and also regulations related to its documentation,
stowage and quantity limitations.
Packing -
 Packages shall be adequate to minimize the hazard to the marine
environment, having regard to their specific contents.
Marking -
 Packages shall be durably marked with the correct technical name (trade
names alone shall not be used) and further marked or labelled to indicate
that the substance is a marine pollutant and supplemented by other means
such as UN Number.
 The method of marking shall be such that this information will still be
identifiable on packages surviving at least 3 months' immersion in the sea.
Documentation –
 Correct technical name must be used in all documents. (trade names alone
shall not be used) and the substance further identified by the addition of
the words "MARINE POLLUTANT".
 The shipping documents supplied by the shipper shall have a signed
certificate or declaration that the shipment offered for carriage is properly
packaged and marked, labelled as appropriate and in proper condition for
carriage to minimize the hazard to the marine environment.
 Each ship carrying harmful substances shall have a special list or manifest
stating the harmful substances carried on board and their location. A
detailed stowage plan may be used for this.
 Copies of such documents shall also be retained on shore by the shipowner
or his representative until the harmful substances are unloaded. A copy of
one of these documents shall be made available before departure to the
person or organization designated by the port State authority.
Page 141 of 233

Stowage -
 Harmful substances shall be properly stowed and secured so as to minimize
the hazards to the marine environment without impairing the safety of the
ship and persons on board.
Quantity limitations -
 For sound scientific and technical reasons, certain harmful substances may
be prohibited for carriage or be limited as to the quantity which may be
carried aboard any one ship.
 In limiting the quantity, due consideration shall be given to size,
construction and equipment of the ship, as well as the packaging and the
inherent nature of the substances.
Notification -
 If any Marine Pollutant leaks, it must be handled taking due precautions, as
per the EMS Guide or MSDS of that cargo. Any such accidental leakage or
loss overboard of harmful substances must be notified to shore authorities,
also mentioning the nature of contents and quantity involved.
Page 142 of 233

ANNEX IV: PREVENTION OF POLLUTION BY SEWAGE FROM SHIPS
 This Annex applies to ships of 400 GT and above and ships of less than 400
GT which are certified to carry more than 15 persons.
 The ships to which this Annex applies must undergo an Initial survey before
being put into service, a renewal survey (within 5 years) and any additional
survey after repairs or major modifications. These surveys shall be
conducted by the Administration or RO on their behalf and the ship will be
issued with an ‘International Sewage Pollution prevention certificate’, with
a maximum validity of 5 years.
Sewage Systems:
1. A sewage treatment plant approved by the Administration.
2. A sewage comminuting and disinfecting system approved by
Administration, for temporary storage when ship is within 3 NM from
nearest land.
3. A holding tank of capacity as decided by the Administration, for retention of
all sewage, with a means to indicate the amount of content.
Discharge Criteria for Sewage:

 Comminuted and disinfected sewage – more than 3 NM from nearest land.
 Not comminuted and disinfected sewage – more than 12 NM (provided it is
never stored in a Holding Tank)
 Sewage from Holding tank and spaces having live animals must be
discharged at moderate rate and ship speed must be minimum 4 knots.
 Discharge from an approved in operation STP anywhere, provided it does
not produce visible solids or discolouration of the water.
 For passenger ships, Baltic Sea is a special area, where discharge of sewage
will generally be prohibited, except when the ship has in operation an
approved STP certified by the Administration. The STP should additionally
meet the nitrogen and phosphorus removal standard when tested for its
Certificate of Type Approval by the Administration.
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CONTENTS OF THE ISPP CERTIFICATE:
1. Name of the Country under whose authority the certificate is issued.

2. Name of the competent person or organization issuing the certificate.
3. Particulars of the ship (Name, Call Sign, POR, GT, IMO Number)
4. Number of persons ship is certified to carry.
5. Date on which keel was laid.
6. Sewage system adopted (STP / Holding Tank / comminuter)
7. Description of the sewage system (type, make, approval)
8. A statement that the ship has been surveyed as required by Annex IV
9. Validity date of the Certificate
10. Date and Place of issue of the Certificate
11. Signature of authorized official issuing the Certificate
13. Page for endorsements for extension of validity
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ANNEX V: PREVENTION OF POLLUTION BY GARBAGE FROM SHIPS
Special Areas: Following are the special areas under Annex V of MARPOL:
1. Baltic Sea
2. Black Sea
3. Mediterranean Sea
4. Wider Caribbean Region
5. Antarctica Area
6. Red Sea
7. North Sea Area
8. Gulfs Area
(Key to Remember: BBM-WARN-G – Warren G is an American Rapper)
DISCHARGE CRITERIA FOR GARBAGE:

Plastic, incinerator ash, cooking oil, floating dunnage, paper, rags, glass, metal
bottles, crockery, fishing gear, etc. are prohibited from discharge anywhere.
Following garbage can be discharged outside Special Area,

 Food waste – more than 3 NM from nearest land if comminuted / grounded
and more than 12 NM from nearest land if not comminuted / grounded.
 Cargo residues (contained in wash water or not) – 12 NM from nearest land
(provided not HME - harmful to marine environment)
 Animal carcasses – as far as possible
 Cleaning agents/wash water of deck may be permitted (provided not
harmful to marine environment)
 All discharge must be made when ship is enroute.
Following garbage can be discharge within Special Area,

 Food Waste – only comminuted / grounded permitted to discharge, more
than 12 NM from the nearest land.
 Cargo residues (not HME, contained in wash water), cleaning agents and
wash water (not HME) – permitted to discharge only if ship is travelling
within special areas and no reception facilities are available at both ports.
Discharge must be made more than 12 NM from the nearest land.
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SPECIAL REQUIREMENTS FOR FIXED OR FLOATING PLATFORMS

If platform is more than 12 NM away from nearest land, food waste can be
discharged by passing through comminuter. Rest all garbage is prohibited.
Same regulations apply to ships alongside / within 500 m from such platforms.
GARBAGE MANAGEMENT PLAN:

 Every ship of 100 GT and above, and every ship which is certified to carry 15
persons or more and fixed or floating platforms, shall carry a garbage
management plan (GMP) which the crew shall follow.
 It must be a ship-specific plan providing written procedures for collecting,
storing, processing and disposing of garbage, including the use of the
equipment on board.
 It shall also designate the person in charge of carrying out the plan.
 Such a plan shall be in accordance with the IMO guidelines and written in
the working language of the crew.
 Best management practices must be included for efficient minimization and
storage of wastes.
 Training must be provided to the crew to ensure compliance with the GMP.
GARBAGE RECORD BOOK:

 Every ship of 400 GT and above and every ship which is certified to carry 15
persons or more and fixed or floating platform, shall be provided with a
Garbage Record Book (GRB).
 Following entries are to be made:
1. When garbage is discharged to sea or to reception facilities
2. When garbage is incinerated
3. Accidental or other exceptional discharge
 The entry for each incineration or discharge shall include date and time,
position of the ship, description of the garbage and the estimated amount
incinerated or discharged. Each of the above entry must be signed by the
officer in charge. Each completed page shall be signed by the master.
 In the event of discharge, escape or accidental loss, an entry shall be made
in the GRB of the circumstances and the reasons for the loss. Ships of less
than 400 GT must enter this in the Official Log Book.
 The GRB along with receipts obtained from reception facilities must be
retained onboard for a period of two years from the date of last entry.
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ANNEX VI: PREVENTION OF AIR POLLUTION FROM SHIPS
Surveys and certification:

 The Annex applies to every ship of 400 GT and above and every fixed and
floating drilling rig.
 It requires ships to undergo an initial survey before being put into service
for the first time. Thereafter, an annual survey, intermediate survey and
renewal survey must be carried out. (in the same manner as required by
Annex I and II)
 After the initial and renewal survey, an International Oil Pollution Prevention
(IOPP) certificate will be issued, with maximum validity of 5 years.
 Also, an International Energy Efficiency certificate (IEEC) is issued after a
survey and on verification that EEDI is within limits and SEEMP is onboard.
The IEEC is valid for lifetime unless there is change of Flag or ship is
withdrawn from service.
Ozone Depleting Substances:

 ODS are used onboard the ship in refrigeration plants.
 Deliberate emission (during maintenance or leakage) is prohibited.
 Installations that have ODS other than Hydrochloroflourocarbons (HCFC)
are prohibited for ships constructed on or after 19th May 2005.
 New installations which contain ozone-depleting substances shall be
prohibited on all ships, except that new installations containing (HCFCs) are
permitted until 1 January 2020.
 Ships must have an ODS list.
 If the ships have rechargeable systems using ODS, an ‘ODS record book’
must be maintained.
 Entries in the ODS Record book shall be made in the following cases:
1. In case of repairs or maintenance (recharging) carried out
2. In case of discharge of ODS to the atmosphere (deliberate or not)
3. In case of shore disposal or supply of ODS to the ship.
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NOx (Nitrogen Oxide)

 It applies to marine diesel engines with power output of more than 130 kW.
 It does not apply to emergency equipments or engines of lifeboats.
 The NOx emissions cause nitrification of air and result in global warming.
 Depending on the year of built of the engine and RPM, IMO sets up limits
for the NOx emissions.
 Each ship maintains a NOx technical guide supplied at the time of delivery.
Detailed requirements on engines are stated in this guide.
 Emission control areas for NOx are:
1. North American area
2. US Caribbean area including Puerto Rico and the US Virgin Islands
3. Any other area designated by IMO.
SOx (Sulphur Oxide)

 Outside the emission control areas, the sulphur content of any fuel shall not
exceed the following limits:
3.5% m/m on and after 1st Jan 2012
 For the emission control areas, the sulphur content of any fuel shall not
exceed the following limits:
1% m/m on and after 1st July 2010
 Emission control areas for SOx are:
1. North American area
2. US Caribbean Area including Puerto Rico and the US Virgin Islands
3. Baltic Sea area
4. North Sea area
5. Any other sea area as designated by IMO
 There must be written procedures for Change over from HSFO to LSFO,
showing time taken to flush the HSFO from the system before entering ECA.
 Date, time, position of change-over and volumes of LSFO shall be logged, at
the time of change-over from HSFO to LSFO and vice-versa.
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Volatile organic compounds
 This regulation only applies to tankers. However, this regulation also

applies to gas carriers only if the types of loading and containment system
allow safe retention of non-methane VOCs on board or their safe return
ashore.
 If the emissions of volatile organic compounds (VOCs) from tankers are to
be regulated in ports or terminals, it must be done as per provisions of this
regulation. Any contracting State that designates ports or terminals in
which VOCs emissions are to be regulated shall submit a notification to the
Organization. This notification shall include information on the size of
tankers to be controlled, on cargoes requiring vapour emission control
systems (VECS), and the effective date of such control. The notification shall
be submitted at least six months before the effective date.
 The Contracting State shall ensure that VECS is approved by that State
taking into account the safety standards developed by the Organization and
are operated safely and in a manner so as to avoid undue delay to the ship.
 The Organization shall circulate a list of such ports and terminals that have
VECS requirement.
 All tankers which are subject to vapour emission control shall be provided
with a vapour collection system approved by the Administration, taking into
account the safety standards developed by the Organization, and shall use
such system during the loading of such cargoes.
 Tankers carrying crude oil shall have onboard and implement VOC
management plan approved by the Administration. The plan must be as per
IMO guidelines and ship specific.
 The VOC management plan contains procedures to control and minimize the
VOC emissions, during loading, carriage and crude oil washing.
 In ports, vessel should discharge vapours to the shore when vapour return
facility is available. If such a facility is not available, they may permit vapours
to be discharged to the atmosphere.
 A record must be made with date / time and tank pressure when vapours
are discharged to atmosphere at sea or in port.
 If devices, equipment, or design changes are implemented to prevent or
minimize VOC emissions, they shall also be incorporated and described in
the VOC management plan as appropriate.
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 A person shall be designated in the VOC management plan to be responsible

for implementing the plan.
 The VOC management plan must describe the best management practices
for preventing or minimizing VOC emissions to the extent possible. It should
also describe the training programmes to facilitate these best management
practices.
IEEC and SEEMP:
 As per the 2011 amendments, an initial survey must be carried out before a
new ship is put into service. The survey shall verify that the ship's attained
EEDI (Energy Efficiency Design Index) is in accordance with the
requirements of MARPOL Annex VI and that the SEEMP required is on
board. It is applicable to all ships of 400 GT and above.
 After the successful survey, International Energy Efficiency Certificate (IEEC)
is issued. IEEC will be valid throughout the life of the ship unless it changes
flag or is withdrawn from service.
 A general or partial survey will be carried out after a major conversion of a
ship. The survey shall ensure that the attained EEDI is recalculated as
necessary and meets the requirements applicable to the ship type and size
of the converted ship.
 SEEMP (Shipboard Energy Efficiency Management Plan) is a ship specific
and may be part of the ship’s SMS and developed by taking into account,
the guidelines adopted by the Organisation.
 Every ship which has an IEEC must have an EEDI technical file.
 IEEC shall have a supplement giving details of the ship’s propulsion system,
attained EEDI, required EEDI, EEDI technical file verification, etc.
SHIPBOARD INCINERATION:
 Onboard incinerator must comply with IMO’s requirements.

 It must have an operational manual and IMO type approval certificate.
 Crew operating it must be properly trained in its operation.
 It cannot be used at ports, harbours or estuaries.
 After incineration, entry must be made in the GRB.
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 Incineration of the following is prohibited:

1. Cargo residues of Annex I, II and III
2. PCB’s (Polychlorinated biphenyls)
3. Garbage with heavy metal traces
4. PVC’s (if not approved for it)
5. Sludge oil not generated onboard the ship
FUEL QUALITY:
 The fuel oil shall be blends of hydrocarbons derived from petroleum

refining.
 The fuel oil shall be free from inorganic acid.
 The fuel oil shall not include any added substance or chemical waste which
can jeopardizes the safety of ships or adversely affects the performance of
the machinery or which is harmful to personnel or the environment.
 Fuel oil shall not exceed the sulphur content set forth by the regulations or
cause an engine to exceed the NOx emission limits set forth by the
regulations.
 Details of fuel oil delivered to the ship to be used as bunkers shall be
recorded by means of a ‘bunker delivery note’ (BDN) which shall contain at
least the following information:
1. Name and IMO number of receiving ship
2. Port
3. Date of commencement of delivery
4. Name, address, and telephone number of marine fuel oil supplier
5. Product name(s)
6. Quantity (metric tons)
7. Density at 15°C (kg/m3)
8. Sulphur content (% m/m)†
9. A declaration signed and certified by the fuel oil supplier's representative
that the fuel oil supplied is in conformity with MARPOL Annex VI.
 The bunker delivery note shall be kept on board the ship readily available for
inspection. It shall be retained for a period of three years after the fuel oil
has been delivered on board.
 The bunker delivery note shall be accompanied by a representative sample
of the fuel oil delivered. The sample is to be sealed and signed by the
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supplier's representative and the master or officer in charge of the bunker

operation on completion of bunkering operations and retained under the
ship's control until the fuel oil is substantially consumed, but in any case for
a period of not less than 12 months from the time of delivery. Another
sample is sent for lab analysis prior using the fuel.
CONTENTS OF THE IAPP CERTIFICATE:
1. Name of the Country under whose authority the certificate is issued.

2. Name of the competent person or organization issuing the Certificate.
3. Particulars of the ship (Name, Call Sign, IMO number, POR, GT)
4. Type of Ship (Tanker / Non-Tanker)
5. A statement certifying that the ship has been surveyed in accordance with
regulations of Annex VI and found compliant.
6. Completion date of the survey
7. Valid until date of the certificate
8. Date and Place of issue of the certificate
9. Signature of authorized official issuing the certificate
10. Seal or stamp of the authority issuing the certificate
11. Pages for endorsements
SUPPLEMENT OF THE IAPP CERTIFICATE:
The supplement to the IAPP certificate is the ‘Record Of Construction And

Equipment’. Its contents are as follows:
1. Particulars of the ship

2. Date on which keel was laid
3. Date of major engine conversion
4. Systems using ODS and their location onboard
5. Details of the all diesel engines (Make, Model, S.No., Use, Power output,
Rated RPM)
6. If complying with the SOx and VOC regulations.
7. If incinerator onboard is complying with the regulations.
8. Place and Date of issue of the Record.
9. Signature of duly authorized official issuing the Record
10. Seal or stamp of the authority issuing the Record.
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CONTENTS OF THE IEEC:
1. Name of the Country under whose authority the Certificate is issued.

2. Name of the competent person or organization issuing the Certificate.
3. Particulars of the ship (Name, Call Sign, POR, GT, IMO Number)
4. A statement certifying that the ship has been surveyed as required and is
found to be compliant with the regulations.
5. Completion date of the survey.
6. Date and Place of issue of the Certificate
7. Signature of duly authorized official issuing the certificate
MARPOL LATEST AMENDMENTS:
 2011 Amendments –
Regulations on energy efficiency for ships added to Annex VI
Revised discharge criteria for disposal of garbage (Annex V)
 2012 Amendment –
Regional arrangements for port reception facilities under Annex I, II, IV & V.
Form A and B of supplements to the IOPP Certificate (Annex I)
Condition Assessment scheme included in Annex I.
RO Code (The Code for Recognized Organizations) to be made mandatory
under Annex I and II
Mandatory carriage requirements for a stability instrument under Annex I.
III Code (IMO Instruments Implementation Code) made mandatory under
Annex I, II, III, IV and V) whereby every Party shall be subject to periodic
audits by the Organization for verification of compliance with the provisions
of the Convention.
Appendix – Criteria for the identification of harmful substances in packaged
form.
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Amendments to Annex I, II, IV and V to make use of environment-related
provisions of the Polar Code mandatory.
Amendments to Annex I regulation on Tanks for oil residues (sludge).
 2016 Amendments – Latest in force

Revised GESAMP hazard evaluation procedure for NLS (Annex II)
Inclusion of Baltic Sea as Special Area under Annex IV
Amendment in the Form of ISPP certificate
Amendment to Annex V – Solid bulk cargo other than grain shall be declared
by the shipper as to whether or not they are harmful to the marine
environment. (HME Substances). Accordingly, if any cargo is HME, it cannot
be discharged as per discharge criteria of Annex V, even if in cargo hold
wash water.
Amendments to the GRB including entry for disposal of garbage in Polar
waters and adding Garbage Category J for non HME Cargo residues and K
for HME cargo residues.
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MARITIME LAW SOLAS Q & A
SOLAS - Question & Answers

====================================================================
Describe the statutory surveys and inspections as per SOLAS.
====================================================================
Following are the requirements on surveys and inspections as per SOLAS:
 For Passenger ships: A passenger ship shall be subject to the surveys

specified below:
1. An initial survey before the ship is put in service.
2. A renewal survey once every 12 months.
3. Additional surveys, as occasion arises. (e.g. After repairs/renewals)
 For Cargo Ships:
A) Surveys of LSA and other equipment: The LSA and other equipment of
cargo ships of 500 GRT and upwards, shall be subject to the surveys
specified below:
2. A renewal survey, not exceeding 5 years.
3. An annual survey within 3 months before or after each anniversary date
of the Cargo Ship Safety Equipment Certificate.
4. A periodical survey within three months before or after the second
anniversary date or the third anniversary date of the Cargo Ship Safety
Equipment Certificate which shall take the place of one of the annual
surveys.
5. An additional survey as prescribed for passenger ships (e.g. after
repairs/renewals)
The periodical and annual surveys shall be endorsed on the Cargo Ship
Safety Equipment Certificate.
B) Surveys of radio installations: The radio installations, including those used

in LSA, of cargo ships to which chapters III and IV apply shall be subject to
the surveys specified below:
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2. A renewal survey, not exceeding five years.
3. A periodical survey within three months before or after each anniversary
date of the Cargo Ship Safety Radio Certificate.
4. An additional survey as prescribed for passenger ships.
The periodical surveys shall be endorsed on the Cargo Ship Safety Radio
Certificate.
C) Surveys of structure, machinery & equipment: The structure, machinery

and equipment of a cargo ship shall be subject to the surveys and
inspections specified below:
2. A renewal survey not exceeding 5 years.
3. An annual survey within 3 months before or after each anniversary date
of the Cargo Ship Safety Construction Certificate.
4. An intermediate survey within three months before or after the second
or third anniversary date of the Cargo Ship Safety Construction
Certificate, which shall take the place of one of the annual surveys.
5. A minimum of two inspections of the outside of the ship’s bottom during
any five year period. In all cases the interval between any two such
inspections shall not exceed 3 years.
6. An additional survey as prescribed for passenger ships.
The intermediate and annual surveys and the inspections of the outside of
the ship’s bottom shall be endorsed on the Cargo Ship Safety Construction
Certificate.
====================================================================
Distinguish between Convention and Protocol.
====================================================================
CONVENTION
 A convention is formal agreement between states and is usually an
instrument negotiated under an international organization such as IMO.
 A convention is a written agreement with several parts.
 Conventions form a major part of maritime affairs governed by the IMO.
Page 156 of 233

 Conventions generally have several sub-parts, which would describe in

details various aspects of the subject defined by that particular convention.
For e.g. MARPOL convention has six parts which are known as annexes.
 It is also possible that details given within a convention are put under an
associated code, which provides further technical details of that aspect. For
e.g. LSA code gives details of requirements for equipments required
onboard ship as per SOLAS Chapter III.
 Each State which is a Party to the Convention must accept the details
mentioned in Convention put forth by the IMO and agree to international
supervision required under such conventions. It is important to highlight
that convention is not a law in itself. A convention becomes a law when it is
implemented in a country’s own legal system.
 In simple words, conventions act as a treaty between the IMO and member
states. Regulations are generally technical provisions of the convention.
 Examples of IMO conventions are SOLAS Convention, MARPOL Convention,
Load Line Convention, Tonnage Convention, etc.
PROTOCOL:
 When a major amendment is to be incorporated on regulations of the
convention, a protocol is called among the countries, who are signatory of
the original convention when it was signed and approved. For e.g.
for MARPOL 73/78, year 73 is the year in which the convention was adopted
and year 78 was when the protocol was adopted.
 A protocol is one of the ways in which a convention can be modified.
 A protocol is used for the modification of an IMO convention when
a) There is a significant change to the original convention
b) When a new chapter is added to the original convention. (like when
Annex VI was added to the MARPOL)
c) When a change is applicable to the all the chapters
d) When IMO feels, the change need to be brought by the protocol
 The amendments by protocols are not binding on all the states that have
ratified the original convention. The amendments by the protocols are only
binding to the states that ratify the new protocol.
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====================================================================
Write short notes on: Amendments and Tacit Acceptance.
====================================================================
Amendments
 The regulations enforced by the conventions are required to be amended
frequently from time to time to keep pace with the rapid evolving
technology in the shipping world.
 Amendments of the convention can be adopted by either of the following
methods described below:
A) After consideration within IMO - Amendments proposed by any
Contracting government(s) of the IMO are circulated at least for six months
before consideration by the relevant committee (MEPC, MSC). Thereafter,
in the committee, atleast one-third of the contracting governments should
be present for voting and out of those present, two-thirds should vote in
favor for the amendment to be adopted.
B) Amendment by Conference - A conference of the contracting government
of the IMO is called when a contracting government requests for holding of
a conference and at least one third of the contracting governments agree to
hold the conference. Amendments are adopted at the conference as there
are high chances of more than one third of the contracting governments to
be present and out of those present, more than two thirds will vote in
favour as they were already in agreement to the amendment. Hence, the
proposal by the conference would be adopted faster.
 Once an amendment has been adopted, it is passed to all contracting
governments for acceptance. Usually, two conditions are to be met for the
amendment to come in force. Usually two-third of the Contracting
governments must ratify, and the Contracting governments ratifying must
constitute a certain % of world gross tonnage. This is however tedious and
hence, tacit acceptance is usually used for making the process of
amendments easier.
 Once the amendments are accepted by tacit means or otherwise, it then
enters into force after a time specified in respective conventions. For
example, SOLAS amendments enter into force 6 months after it has been
accepted.
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Tacit Acceptance:
 In simple terms “tacit acceptance” means “accepted unless objected”.
 It is opposite of earlier process of “rejected unless accepted”.
 Under tacit acceptance, a resolution is accepted on an agreed time interval
from adoption unless it is objected by a number of contracting
governments.
 The committee decides the agreed interval during adoption of the
amendments. It usually sets a minimum interval between adoption and
acceptance. For example, as per MARPOL convention, the minimum interval
between adoption and acceptance has to be 10 months. For SOLAS, it is one
year.
 The number of governments that need to object for an amendment to not
be accepted is also mentioned in respective conventions. These are usually
a) one-third of the contracting governments or
b) contracting governments that constitutes 50% of the world gross
tonnage or more.
 At the end of the deadline, if a contracting government has not taken any
action (accepting or rejecting the proposed resolution), it is implied (tacit)
that the government has accepted the resolution. In other words, if by the
deadline the required number of contracting governments has not objected
the amendments, the amendments are accepted.
 However, they enter into force after a specified time after the acceptance
of the amendments. This time is specified in the Convention. For example,
amendments to SOLAS and MARPOL convention enter into force 6 months
after it has been accepted.
====================================================================
Write short notes on: Recommendations, codes, guidelines and Resolutions.
===================================================================
 Recommendations are mainly guidelines which are not legally accepted.
They are not formal documents like convention or protocol but are a list of
recommended practices that are closely linked to the conventions. Though
recommendations are not legally binding, some governments might apply
them in whole or in part.
 Codes are a part of a parent convention or protocol. It gives technical
details regarding the requirements of the regulations contained in the
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parent convention. For example, the FSS Code gives technical details
regarding the fire fighting appliances as required by SOLAS. Codes are
usually mandatory, but may be divided into different parts, some of which
may be non-mandatory.
 Guidelines are usually non-mandatory. They are given to help Contracting
parties and others to comply with the relevant requirements of a
Convention. Some guidelines are mandatory if so stated in the Convention.
 Resolutions are the finalized documents which are issued by the IMO
Assembly, The council or by each of the committee. They generally result
from an agreement on a recommendation or amendment. Each committee
brings resolutions to amend part of International convention that they are
associated with. Resolutions that are passed are denoted in a peculiar
manner. The first letter(s) can be A (for Assembly), C (for Council), MSC (For
Maritime safety committee), MEPC (for Maritime environment pollution
committee), and so on. The next number shows the resolution number and
it is in chronological order. The number in the bracket shows the sessions in
which this resolution was adopted. So the resolution MSC.374(93) refers to
the MSC resolution number 374 which was adopted in the 93rd session of
the MSC. Resolutions come into affected in the following manner:
1. A contracting government proposes a resolution.
2. IMO or its respective committee reviews the resolution proposal.
3. Resolution is adopted in the IMO.
4. Resolution is accepted by a certain % of contracting governments.
5. After a fixed time from acceptance, the resolution enters into force.
====================================================================
Describe SOLAS 2010-11 amendments with respect to (i) Dealing with goal based
ship construction standards (ii) Testing of AIS (iii) Pilot transfer arrangements
and (iv) Life-boat on load release mechanism.
===================================================================
(i) “Goal Based ship construction standards”

 These apply to oil tankers of 150 m in length and above and to bulk carriers
of 150 m in length and above, constructed with single deck, top-side tanks
and hopper side tanks in cargo spaces, excluding ore carriers and
combination carriers, whose keel is laid after 1st July 2017 or whose delivery
is on or after 1st July 2020.
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 Ships shall be designed and constructed for a specified design life to be safe
and environmentally friendly, when properly operated and maintained
under the specified operating and environmental conditions, in intact and
specified damage conditions, throughout their life.
 A Ship Construction File with specific information on how the functional
requirements of the Goal-based Ship Construction Standards have been
applied in the ship design and construction shall be provided upon delivery
of a new ship, and kept on board the ship and/or ashore and updated as
appropriate throughout the ship's service.
 The contents of the Ship Construction File shall, at least, conform to the
guidelines developed by the Organization
 As per the amendment, the specified design life of new bulk carrier or oil
tanker shall not be less than 25 years. For this and other functional
requirements, various other constructional requirements are given in the
amendment.
(ii) Testing of AIS

 As per the amendment, the AIS shall be subjected to an annual test. The test
shall be conducted by an approved surveyor or an approved testing or
servicing facility. The test shall verify the correct programming of the ship
static information, correct data exchange with connected sensors as well as
verifying the radio performance by radio frequency measurement using a
VTS. A copy of the test report shall be retained on board the ship.
(iii) Pilot transfer arrangements

 Arrangements shall be provided to enable the pilot to embark and
disembark safely on either side of the ship.
 If distance from sea level to the point of access to ship exceeds 9 m,
accommodation ladder must be used in conjunction with a pilot ladder.
 Safe and convenient access shall be provided by a pilot ladder requiring a
climb of not less than 1.5 m and not more than 9 m.
 The pilot latter must be clear of any possible discharges from the ship,
within the parallel body length of the ship and about mid-ship half length of
the ship. Each step must rest firmly against the ship's side.
 The ladder must be of sufficient length for all conditions of loading, trim and
list upto 15 degree.
Page 161 of 233

 The securing strong point, shackles and securing ropes shall be at least as
strong as the side ropes.
 When a combination arrangement is used, the accommodation ladder shall
be sited leading aft. The lower platform must be secured and held firmly
against the ship's side. It should be secured to the pilot ladder and to the
ship's side at a point of nominally 1.5 m above the bottom platform of the
accommodation ladder.
 Access area and passage must be safe and unobstructed.
 Shipside doors used for pilot transfer shall not open outwards.
 Mechanical pilot hoists shall not be used.
 Two man-ropes (if requested), a lifebuoy with SI light and a heaving line
must be kept ready.
 Adequate lighting shall be provided.
(iv) Life-boat on load release mechanism.

 On-load release capability shall be so arranged as to release the lifeboat
under any conditions of loading from no load with the lifeboat waterborne
to a load of 1.1 times the total mass of the lifeboat when loaded with its full
complement of persons and equipment.
 This release capability shall be adequately protected against accidental or
premature use. The mechanical protection (interlock) should only engage
when the release mechanism is properly and completely reset.
 On-load operation of the release mechanism should require a deliberate and
sustained action by the operator.
 Crew members in the lifeboat must be able to clearly observe when the
release mechanism is properly and completely reset and ready for lifting.
 Clear operating instructions should be provided with a suitably worded
warning notice and the release control shall be clearly marked in a colour
that contrasts with its surroundings.
 The fixed structural connections of the release mechanism in the lifeboat
shall be designed with a calculated factor of safety of 6 based on the
ultimate strength of the materials used.
 Where a single fall and hook system is used for launching a lifeboat or
rescue boat in combination with a suitable painter, the requirements of on-
load release mechanism need not be applicable. For such crafts, only off-
load release is adequate.
Page 162 of 233

====================================================================
State salient features of construction - structure, stability and installation with
respect to II-I of SOLAS
====================================================================
STRUCTURE OF THE SHIP:
a) Safe access to the bow: Every tanker shall be provided with the means to
enable the crew to gain safe access to the bow even in severe weather
conditions. Such means of access shall be approved by the Administration
based on the guidelines developed by the Organization.
b) Emergency Towing Arrangements: Every tanker of 20,000 tonnes
deadweight and upwards shall have Emergency towing arrangements fitted
at both ends. It must be capable of rapid deployment in the absence of main
power and enable easy connection. At least one of the ETAs shall be pre-
rigged, ready for rapid deployment.
c) Access to cargo hold, cargo tanks, ballast tanks, etc – Tanks that are 35m of
more in length must have atleast 2 access hatchways and ladders. Tanks less
than 35 m in length shall be served by at least one access hatchway and
ladder. Each cargo hold shall be provided with at least 2 means of access as
far apart as practicable. In general, these accesses should be arranged
diagonally (P & S)
d) Ship Structure Access Manual – Every ship must have a ship structure
access manual, approved by Administration, which must describe the ship’s
means of access to carry out overall and close-up inspections and thickness
measurements.
e) Technical Specifications: Details about the dimensions and size of clear
openings are mentioned in SOLAS.
STABILITY OF SHIPS
 Damage control information – Plans must be permanently exhibited or

readily available that clearly shows the boundaries of W/T compartments,
their openings and means of closure and controls. It must also include
information on arrangements for the correction of any list due to flooding.
Page 163 of 233

 Loading of ships - On completion of loading of the ship and prior to its

departure, the master shall determine the ship's trim and stability and also
ascertain and record that the ship is in compliance with relevant intact
stability criteria.
 Periodical operation and inspection of watertight doors, etc., in passenger
ships - Drills for the operating of watertight doors, sidescuttles, valves and
closing mechanisms of scuppers, ash-chutes and rubbish-chutes shall take
place before Ieaving port and weekly thereafter. All watertight doors in use
at sea, shall be operated daily. Other mechanisms and indicators shall be
inspected at sea at least once a week. All inspections must be recorded in
the logbook, with any defects if found.
 Prevention and control of water ingress, etc. - All watertight doors shall be
kept closed during navigation. It may be opened to permit the passage of
passengers or crew or for work in the immediate vicinity of the door. The
door must be immediately closed when transit through the door is complete
or when the task is finished.
 Water Level Detectors – These shall be fitted on cargo ships so as to get an
alarm whenever there is water ingress in any compartment.
INSTALLATION:
 All boilers, all parts of machinery, all steam, hydraulic, pneumatic & other
systems and their associated fittings that are under internal pressure shall
be subjected to appropriate tests including pressure test before being put in
service for the first time.
 Main propulsion machinery and all auxiliary machinery shall be designed to
operate when the ship is upright and when listed upto 15° either way under
static conditions and 22.5° either way under dynamic conditions and
simultaneously pitching 7.5°.
 Provision shall be made to facilitate cleaning, inspection and maintenance of
main propulsion and auxiliary machinery including boilers and pressure
vessels.
 Any mode of vibrations shall not cause undue stresses in the machinery in
the normal operating ranges.
 Where risk of over-speeding of machinery exists, means shall be provided to
ensure that the safe speed is not exceeded. Means shall also be provided
where practicable, to protect against dangerous over-pressure.
Page 164 of 233

====================================================================
State key elements of SOLAS Chapter V - which assists in enhancing maritime
safety
====================================================================
Following are the key elements of SOLAS Chapter V that assist in enhancing
maritime safety:
 Navigational warnings – Information from reliable sources of any danger to

navigation and safety, must be promptly communicated and brought to the
knowledge of all concerned.
 Meteorological services and warnings - Meteorological data must be
collected by ships at sea and examined and exchanged to aid navigation.
Appropriate warnings of gales, storms, tropical cyclones, etc. must be
promulgated.
 Ice Patrol Service - The Ice Patrol contributes to safety of life at sea, safety
and efficiency of navigation and protection of the marine environment in
the North Atlantic. Ships transiting the region of icebergs guarded by the Ice
Patrol during the ice season are required to make use of the services
provided by the Ice Patrol.
 Search and rescue services - Each Contracting Government shall ensure that
necessary arrangements are made for distress communication and co-
ordination in their area of responsibility and for the rescue of persons in
distress at sea around its coasts.
 Hydrographic services - Contracting Governments shall arrange for the
collection and compilation of hydrographic data and the publication,
distribution and keeping up to date of all nautical information necessary for
safe navigation.
 Other regulations that enhance safety of navigation are as follows;
a) Requirements for Ships' routeing, Ship reporting systems and VTS
b) Establishment and operation of aids to navigation
c) Requirements on Ships' manning
d) Arrangement of navigational systems and equipment and bridge
procedures Requirements on maintenance of equipment
e) Carriage requirements for shipborne navigational systems and
equipment
f) Requirements on Voyage Data recorders
Page 165 of 233

g) Requirements on Navigational Bridge visibility

h) Requirements on Pilot transfer arrangements
i) Steering gear requirements – testing and drills
j) Requirements on Nautical charts and nautical publications
k) Requirements on Danger messages to be communicated by Master
l) Requirements on Safe navigation and avoidance of dangerous situations
m) Master’s discretion
==================================================================
Explain (a) Principle of safe manning (b) Obligation of master as per SOLAS
Chapter V and (c) Masters discretion under SOLAS Chapter V.
==================================================================
SHIPS' MANNING
 Contracting Governments shall take measures for ensuring that, from the
point of view of safety of life at sea, all ships shall be sufficiently and
efficiently manned and ships are provided with an appropriate minimum
safe manning document issued by Administration as evidence of the
minimum safe manning considered necessary.
 On all ships, a working language shall be established & recorded in ship's
log-book.
 English shall be used on the bridge as the working language for bridge-to-
bridge and bridge-to-shore safety communications as well as for
communications on board between the pilot and bridge watchkeeping
personnel, unless they all speak a common language other than English.
OBLIGATIONS OF MASTER AS PER SOLAS CHAPTER V:

 Obligation in distress situations: The master of a ship at sea which is in a
position to be able to provide assistance on receiving information that
persons are in distress at sea, is bound to proceed with all speed to their
assistance. If the ship receiving the distress alert is unable or, considers it
unreasonable or unnecessary to proceed to their assistance, the master
must enter in the log-book the reason for failing to proceed to the
assistance.
 Obligation to Safe navigation and avoidance of dangerous situations - Prior
to proceeding to sea, the master shall ensure that the intended voyage has
Page 166 of 233

been planned using the appropriate nautical charts and nautical

publications. The voyage plan shall identify relevant ships' routeing systems
and all known navigational hazards and adverse weather conditions. It shall
ensure sufficient sea room for the safe passage throughout the voyage and
protection of marine environment.
 Obligation to send danger messages – Master must communicate any
danger message by all means at his disposal to ships in the vicinity, and also
to the competent authorities, whenever vessel encounters any of the
following:
a) A dangerous ice, a dangerous derelict, or any other direct danger to
navigation,
b) Tropical storm
c) Sub-freezing air temperatures associated with gale force winds causing
severe ice accretion on superstructures
d) Winds of force 10 or above for which no storm warning has been
received.
 Other obligations are:
a) Comply with the requirements of mandatory ship reporting system.
b) Ensure all equipments as required by SOLAS are maintained in good
working condition.
c) Ensure safe pilot transfer arrangements are made as required by SOLAS.
d) Ensure steering gear testing and drills are carried out as per requirement.
e) Ensure nautical charts and publications are up-to-date as required.
f) Ensure all navigational activities and incidents which are of importance to
safety of navigation are recorded with sufficient detail.
MASTER’S DISCRETION
 The owner, the charterer, the company operating the ship or any other
person shall not prevent or restrict the master of the ship from taking or
executing any decision which, in the master’s professional judgment, is
necessary for safety of life at sea and protection of the marine environment
====================================================================
Page 167 of 233

====================================================================
Brief outline of chapter II, III, VII of SOLAS
====================================================================
Chapter II: It is divided into two parts:
Chapter II-1: Construction - Structure, subdivision and stability, machinery and

electrical installations
 Part A - Structure
 Part B - Subdivision and stability
 Part C – Machinery Installation
 Part D – Electrical Installations
 Part E - Additional requirements for periodically unattended machinery
spaces
 Part F - Alternative design and arrangements
Chapter II-2: Construction - Fire protection, fire detection and fire extinction
 Part A – General
 Part B - Prevention of fire and explosion
 Part C - Suppression of fire
 Part D – Escape
 Part E – Operational Requirements
 Part F - Alternative design and arrangements
 Part G - Special requirements
Chapter III: Life-saving appliances and arrangements

 Part A – General
 Part B - Requirements for ships and life-saving appliances (Passenger ships,
cargo ships, additional requirements for passenger / cargo ships)
 Part C – Alternative designs and arrangements
Chapter VII: Carriage of Dangerous Goods

 Part A - Carriage of dangerous goods in packaged form
 Part A-1 - Carriage of dangerous goods in solid form in bulk
Page 168 of 233

 Part B - Construction and equipment of ships dangerous liquid chemicals in

bulk
 Part C - Construction and equipment of ships carrying liquefied gases in bulk
 Part D - Special requirements for the carriage of packaged irradiated nuclear
fuel, plutonium and high-level radioactive wastes on board ships
====================================================================
Write short notes on Aim and objective of ITU regulations.
====================================================================
 The ITU Radio Regulations regulates on law of nations scale radio

communication services and the utilization of radio frequencies.
 It is the supplementation to the ITU Constitution and Convention.
 The ITU Radio Regulations define:
a) The allocation of different frequency bands to different radio services;
b) The mandatory technical parameters to be observed by radio stations,
especially transmitters;
c) Procedures for the coordination and notification of frequency
assignments made to radio stations by national governments;
d) Other procedures and operational provisions.
 The objectives of the ITU regulations are:

a) To facilitate fair access to and rational use of the natural resources of the
radio-frequency spectrum and the geostationary-satellite orbit
b) To ensure the availability of the frequencies provided for distress and
safety purposes.
c) To ensure protection from harmful interference to the frequencies
provided for distress and safety purposes.
d) To assist in the prevention and resolution of cases of harmful
interference between the radio services of different administrations.
e) To facilitate the efficient and effective operation of all radio
communication services.
f) To provide for and, where necessary, regulate new applications of radio
communication technology.
====================================================================
Page 169 of 233

====================================================================
Write a note on Latest amendments of SOLAS
====================================================================
2017 Amendments – Not yet in force (expected 1st July 2019)
 Amendments and additions to definitions of Chapter II-1

 Amendments to Regulation on Intact Stability
 Amendments to Regulation on Required subdivision index R
 Amendments to Regulation on Attained subdivision index A
 Amendments in Special requirements concerning passenger ship stability
2015 Amendments – In force from 1st Jan 2017:
Modifications and additions to the Appendix:

 Form of safety certificate for passenger ships.
 Form of safety construction certificate for cargo ships
 Form of safety certificate for cargo ships
Other previous Amendments –
 New Forms for Passenger Ship Safety certificate, Cargo Ship Safety
Construction certificate, Cargo Ship Safety Equipment certificate, Cargo
Ship Safety Radio certificate, Cargo Ship Safety certificate and Exemption
Certificate.
 Prohibition of the blending of bulk liquid cargoes and production processes
during sea voyages.
 Amendment to SOLAS Chapter XI to make ESP Code mandatory.
 Amendments to SOLAS regulation II-2 requiring a minimum of two 2-way
portable radiotelephone apparatus for each fire party for fire fighters’
communication to be carried. The apparatus shall be of an explosion-proof
type or intrinsically safe.
 New SOLAS regulation requiring new ships to be constructed to reduce on-
board noise and to protect personnel from noise, in accordance with the
revised Code on noise levels on board ships.
Page 170 of 233

====================================================================
What are the contents of Cargo Ship Safety Equipment Certificate?
====================================================================
Following are the contents of Cargo Ship Safety Equipment certificate:
a) Official Seal and Name of the State under whose authority the Certificate is
being issued.
b) Person or authorized organization issuing the Certificate.
c) Particulars of the ship i.e. Name, Call Sign, POR, GT, DWT, Length, IMO No.
d) Type of Ship (Bulk carrier / Oil tanker / Chemical tanker / Gas Carrier / Other)
e) Date on which keel was laid or Date of major alteration / modification
f) Statements declaring that the following items have been surveyed and
found in compliance with the relevant regulations:
1. Fire safety systems and appliances and fire control plans
2. Life-saving appliances and the equipment of the lifeboats, liferafts and
rescue boats
3. Line-throwing appliance and radio installations used in lifesaving
appliances
4. Shipborne navigational equipment and nautical publications
5. Means of embarkation for pilots
6. Lights, shapes and means of making sound signals and distress signals.
g) If any exemption certificate has been granted

h) Date till which the certificate is valid
i) Completion date of the survey
j) Date and place of issue of the certificate
k) Signature of authorized official issuing the certificate
l) Seal or stamp of the issuing authority
m) Endorsement for annual and periodical surveys and other endorsements
Form E (Record of Equipment for Cargo Ship Safety) shall supplement the certificate.
--------------------XXXXXXX---------------------
Page 171 of 233

MARITIME LAW M.S. ACT (Q&A)
MERCHANT SHIPPING ACT, 1958

====================================================================
Describe the purposes and contents of the following certificates with respect to
statutory provisions of Merchant Shipping Act, 1958.
a) Certificate A & B for special trade passenger ships
b) Safety certificates in respect of cargo ships
====================================================================
1) A ship intended to carry special trade passengers between ports or places in
India shall not commence a voyage from any port or place appointed by the
Central Government, unless the Master holds the Certificates as mentioned
in Section 241 and 242 of the Act. i.e. Certificate A and B.
2) A ship intended to carry special trade passengers from or to a port or place
in India or outside India shall not commence a voyage from any port or place
appointed by the Central Government, unless the master holds―
(i) A passenger ship safety certificate;
(ii) An exemption certificate;
(iii) A special trade passenger ship safety certificate;
(iv) A special trade passenger ship space certificate; and
(v) A certificate referred to in section 242. (Certificate B)
3) The customs Collector whose duty it is to grant a port clearance for the ship
shall not grant it unless the master holds the appropriate certificate for the
voyage as specified in Points (1) and (2) above.
4) Section 241: Contents of certificate A.
Certificate A shall be in the prescribed form and shall contain the following
statements and particulars, namely:-
 that the ship is seaworthy;
 that the ship is properly equipped, fitted and ventilated;
 the number of special trade passengers the ship is certified to carry; and
 such other particulars as may be prescribed.
Certificate A shall remain in force for a period of one year from the date of
issue or for such shorter period as may be specified therein.
Page 172 of 233

5) Section 242: Contents of certificate B.

Certificate B shall be in the prescribed form and shall state―
 the voyage which the ship is to make, and the intermediate ports (if any)
at which she is to touch;
 that she has the proper complement of officers and seamen;
 that the master holds –
(i) a certificate of survey and certificate A; or
(ii) a passenger ship safety certificate accompanied by an exemption
certificate, a special trade passenger ship safety certificate and a
special trade passenger ship space certificate; or
(iii) a nuclear passenger ship safety certificate;
 that she has on board such number of medical officers licensed in the
prescribed manner and such number of attendants, if any, as may be
prescribed;
 that food, fuel and pure water over and above what is necessary for the
crew, and the other things (if any) prescribed for special trade passenger
ships or pilgrim ships, have been placed on board, of the quality prescribed,
properly packed, and sufficient to supply the special trade passengers or
pilgrims on board during the voyage which the ship is to make;
 in the case of a special trade passenger ship, if the ship is to make a voyage
in season of foul weather, and is to carry upper-deck passengers, that she is
furnished with substantial bulwarks and a double awning (canopy) or with
other sufficient protection against the weather;
 such other particulars, if any, as may be prescribed for special trade
passenger ships or pilgrim ships, as the case may be.
====================================================================
Enumerate key provisions of M.S. Act, 1958 on limitation of liability of maritime
claim.
====================================================================
Limitation of Liability is described in PART X-A of the Merchant Shipping Act, 1958.
Following are the key provisions of this Section:
Page 173 of 233

 The ship owner, salvor, any person because of whose act, neglect or default,
the ship owner or salvor, as the case may be, is responsible, and an insurer of
liability for claims and the assured himself may limit his liability to the same
extent, as provided under section 352B in respect of,
a) claims arising from loss of life, personal injury, loss or damage to property
(including damage to harbour works, basins and waterways and aids to
navigation), occurring on board or in direct connection with the operation
of the ship or with salvage operations, and consequential loss resulting
therefrom;
b) claims arising out of loss resulting from delay in the carriage by sea of cargo
and passengers or their luggage;
c) claims arising out of other loss resulting from violation of rights other than
contractual rights, occurring in direct connection with the operation of the
ship or salvage operations;
d) claims of a person other than the person liable in respect of measures taken
in order to avert or minimise loss for which the person liable may limit his
liability in accordance with the applicable provisions.
e) claims for the loss of life or personal injury to passengers of a ship brought
by or on behalf of any person under the contract of passenger carriage.
 Claims mentioned above shall be subject to limitation of liability even if brought
by way of recourse or for indemnity under a contract or otherwise.
 Nothing in this section shall apply to―
a) claims for salvage or contribution in general average;
b) claims for oil pollution damage within the meaning of the International
Convention on Civil Liability for Oil Pollution Damage, 1992 as amended.
c) claims by servants of the ship owner or salvor whose duties are
connected with the ship or the salvage operations,
d) claims subject to any International Convention or any law governing or
prohibiting limitation of liability for nuclear damage;
e) claims against the ship owner of a nuclear ship for nuclear damage.
 352B. Limitation of liability. Any person, ship owner or salvor, as the case may
be, may limit the amount of his liability in accordance with the provisions of the
Convention (Convention on Limitation of liability for Maritime Claims, 1976 as
amended) and in cases where the provisions of the Convention are not
applicable; the limit shall be in accordance with the rules made in this behalf.
Page 174 of 233

 The provisions of this Part shall not apply to the following vessels unless
specified otherwise by the Central Government:
a) Indian coastal vessels
b) Ships less than 300 T
c) Air-cushion vehicles
d) Floating platforms
====================================================================
Discuss statutory obligations of ship master as per M.S. Act 1958
a) To render assistance to a vessel in distress
b) In the event of collision with another vessel in high seas
====================================================================
a) To render assistance to a vessel in distress -
As per M.S. Act, 1958, Section 355 (Obligation to render assistance on receiving
signal of distress)
1) The master of an Indian ship on receiving at sea, a signal of distress or
information from any source that a vessel or aircraft is in distress shall
proceed with all speed to the assistance of the persons in distress
(informing them, if possible that he is doing so) unless he is unable or in the
special circumstances of the case, considers it unreasonable or unnecessary
to do so or unless he is released from such obligation under the provisions
of sub-section (3) and (4).
2) Where the master of any ship in distress has requisitioned any Indian ship
that has answered his call, it shall be the duty of the master of the
requisitioned ship to comply with the requisition by continuing to proceed
with all speed to the assistance of the persons in distress unless he is
released from the obligation under the provisions of sub-section (4).
3) The master shall be released from the obligation stated in sub-section (1) as
soon as he is informed of the requisition of one or more ships other than his
own and that the requisition is being complied with by the ship or ships
requisitioned.
4) The master shall be released from the obligation imposed by sub-section (1),
and if his ship has been requisitioned, from the obligation imposed by sub-
section (2), if he is informed by the persons in distress or by the Master of
any ship that has reached the persons in distress that assistance is no longer
required.
Page 175 of 233

5) If the master of an Indian ship on receiving at sea a signal of distress or

information from any source that a vessel or aircraft is in distress is unable
or in the special circumstances of the case considers it unreasonable or
unnecessary to go to the assistance of the persons in distress, he shall enter
a statement in the official log book to this effect, stating his reasons for not
going to the assistance of those persons.
As per Section 355A (Obligation to render assistance to persons in danger)

1) The master of every Indian ship shall render assistance to every person
found at sea in danger of being lost, unless he is unable or, in the special
circumstances of the case, considers that such assistance cannot be
rendered without serious danger to his ship, or the persons thereon.
2) If the master of an Indian ship is unable or consider it unreasonable to go to
the assistance of a person found at sea in danger of being lost, the master
shall enter a statement to this effect in the official log book stating his
reasons for not going to the assistance of that person.
b) In the event of collision with another vessel in high seas

As per Section 348 (Duty of master of ship to assist in case of collision),
 In every case of collision between two ships, it shall be the duty of the
master or person in charge of each ship, if and so far as he can do so
without danger to his own ship, crew and passengers, if any―
a) to render to the other ship, her master, crew and passengers, if any, such
assistance as may be practicable and may be necessary to save them
from any danger caused by the collision and to stay by the other ship
until he has ascertained that she has no need of further assistance, and
b) to give to the masters or persons in-charge of the other ships the name
of his own ship and of the port to which she belongs and also the names
of the ports from which she comes and to which she is bound.
 As per Section 349 (Collision to be entered in official log), in every case of

collision in which it is practicable so to do, the master of every ship
concerned shall, immediately after the occurrence, cause a statement of the
occurrence and of the circumstances under which the same occurred, to be
entered in the official log book, if any, and the entry shall be signed by the
master and also by the mate or one of the crew.
Page 176 of 233

 As per Section 350 (Report to Central Government of accidents to ships),

when a ship has sustained or caused any accident causing loss of life or any
serious injury to any person or has received any material damage affecting
her seaworthiness or her efficiency either in her hull or machinery so as to
affect the Certificates issued under this Act, the owner or master shall,
within 24 hours after the happening of the accident or damage or as soon
thereafter as possible, transmit to the Central Government or the nearest
principal officer, a report of the accident or damage and of the probable
cause thereof, stating the name of the ship, her official number, if any, her
port of registry and the place where she is.
====================================================================
What are the provisions of M.S. Act, 1958 with respect to desertion and absence
without leave of seaman from his ship?
====================================================================
Following are the provisions of M.S. Act, 1958 with respect to desertion and
absence without leave –
 As per Section 191 (Desertion and absence without leave),
1) No seaman lawfully engaged and no apprentice

a) shall desert his ship; or
b) shall neglect or refuse, without reasonable cause, to join the ship or to
proceed to sea in his ship or be absent without leave at any time within
24 hours of the ship's sailing from a port either at the commencement or
during the progress of a voyage, or be absent at any time without leave
and without sufficient reason from his ship or from his duty.
2) For the purposes of sub-section (1), the fact that the ship, on which the
seaman or apprentice is engaged or to which he belongs is unseaworthy
shall be deemed to be a reasonable cause.
Provided that, before failing or refusing to join his ship or proceeding to sea
in his ship or before being absent from the ship, the seaman or apprentice
has complained to the Master or a shipping master, surveyor, seamen’s
welfare officer, port health officer, Indian consular officer or any other
officer at any port duly authorized in this regard by the Central Government,
that the ship is unseaworthy.
Page 177 of 233

 As per Section 192 (Power to suspend deserter's certificate of discharge), if it

is shown to the satisfaction of a proper officer that a seaman has deserted
his ship or has absented himself without leave, from his ship or from his
duty, without sufficient reason from such absence, the proper officer shall
immediately make a report to that effect to the Director-General who may
thereupon direct that the seaman's certificate of discharge or continuous
certificate of discharge shall be withheld for such period as may be specified
in the direction.
 As per Section 193 (Conveyance of deserter),
1) If a seaman or apprentice deserts his ship or is absent without leave and
without sufficient reason from his ship or from his duty, the master, any
mate, the owner or his agent may, convey him on board his ship and may,
for that purpose, use such force as may be reasonable in the circumstances
of the case.
2) If, either at the commencement or during the progress of any voyage, a
seaman or apprentice engaged in an Indian ship commits the offence of
desertion or absence without leave, outside India, the master, any mate, the
owner or his agent may, arrest him without first procuring a warrant, if the
laws in force in that place permit.
3) No person shall convey on board or arrest a seaman or apprentice on
improper or insufficient grounds.
4) Where a seaman or apprentice is brought before a court on the ground of
desertion or of absence without leave, and the master or the owner, or his
agent, so requires, the court may instead of sentencing him for the offence,
cause him to be conveyed on board his ship for the purpose of proceeding
on the voyage. The court may in such case order any costs and expenses
incurred for the conveyance to be paid by the offender and, if necessary, to
be deducted from his wages.
 As per Section 197 (Report of desertions and absence without leave),
whenever any seaman engaged outside India on an Indian ship deserts or is
absent without leave, the master of the ship shall, within 48 hours of
discovering such desertion or absence, report the same to the shipping
master or to such other officer as the Central Government specifies in this
regard, unless in the meantime, the deserter or absentee returns. An entry
of this offence or act shall be made in the official log book and signed by the
master, the mate and one of the crew.
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State the provisions of MSA 1958, concerning entries to be made in the Official
Log Book (OLB)
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As per Section 212 (Official logs to be kept and to be dated)

1) An official log shall be kept in the prescribed form in every Indian ship,
except a home-trade ship of less than 200 GT.
2) The official log may, at the discretion of the master or owner, be kept
distinct from or united with the ordinary ship’s log so that in all cases the
spaces in the official log book are duly filled up.
As per Section 213 (Entries in official log books how and when to be made)
1) An entry required by this Act in the official log book shall be made as soon
as possible after the occurrence to which it relates, and, if not made on the
same day as that occurrence, shall be made and dated so as to show the
date of the occurrence and date of entry and if made in respect of an
occurrence happening before the arrival of the ship at her final port of
discharge, shall not be made more than 24 hours after that arrival.
2) Except as otherwise provided in this Act, every entry in the official log book
shall be signed by the master and by the mate or some other member of the
crew and also—
a) an entry of injury or death, shall be signed by the medical officer on
board, if any;
b) an entry of wages due to a seaman or apprentice, or the property of a
seaman or apprentice who dies, shall be signed by the mate and by some
member of the crew besides the master.
3) Every entry made in an official log book, in the manner provided by this Act
shall be admissible in evidenced.
As per Section 214 (Entries required to be made in official log books)

1) The master of a ship for which an official log is required shall enter or cause
to be entered in the official log book the following matters namely:―
a) every conviction of a member of his crew by a legal tribunal and the
punishment inflicted;
Page 179 of 233

b) every offence committed by a member of his crew for which it is

intended to prosecute or to enforce a forfeiture or exact a fine, together
with such statement concerning the reading over of that entry and
concerning the reply (if any) made to the charge as required by this Act;
c) every offence for which punishment is inflicted on board and the
punishment inflicted;
d) a report on the quality of work of each member of his crew, or a
statement that the master declines to give an opinion thereon with
statement of his reasons for so declining;
e) every case of illness, hurt or injury happening to a member of the crew
with the nature thereof and the medical treatment adopted (if any);
f) every case of death happening on board and the cause thereof, together
with such particulars, as may be prescribed;
g) every birth happening on board, with the sex of the infant, the names of
the parents and such other particulars, as may be prescribed;
h) every marriage taking place on board with names & ages of the parties;
i) the name of every seaman or apprentice who ceases to be a member of
the crew other than due to death, with the place, time, manner and
cause thereof;
j) the wages due to any seaman or apprentice who dies during the voyage
and the gross amount of all deductions to be made therefrom;
k) the money or other property taken over of any seaman or apprentice
who dies during the voyage;
l) any other matter which is to be or may be prescribed for entry in the
official log.
(The master of every such ship, upon its arrival at any port in India or at such other
time and place as directed by the Central Government, shall deliver or transmit, in
such form as the Director-General may specify, a return of the facts recorded by
him in respect of the birth of a child, or the death of a person on board the ship to
the Director-General.)
Page 180 of 233

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As per M.S. Act, 1958, enumerate the various offences against ‘On Board
Discipline’. Describe the procedure for ‘Entry of Offences’ in the Official Log
Book.
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Following are the various offences against ‘Onboard Discipline’:

 Doing anything knowingly tending to serious damage to the ship, immediate
loss or destruction of the ship, or tending to immediately endanger the life
of any person belonging to or on board the ship or to cause injury to any
such person.
 Refusing or omitting to do any lawful act, necessary to be done by him for
preserving the ship from immediate loss, destruction or serious damage, or
for preserving any person belonging to or on board the ship from danger to
life or from injury.
 Deserting the ship, or neglecting or refusing, without reasonable cause, to
join the ship or to proceed to sea in his ship or being absent without leave at
any time within 24 hours of the ship's sailing from a port either at the
commencement or during the progress of a voyage, or being absent at any
time without leave and without sufficient reason from his ship or from his
duty.
 General offences against discipline include –
a) quitting the ship without leave after her arrival at her port of delivery and
before she is placed in security;
b) being guilty of willful disobedience to any lawful command or neglect of
duty;
c) being guilty of continued willful disobedience to lawful commands or
continued willful neglect of duty;
d) assaulting the master or any other officer or a seaman or an apprentice
belonging to the ship.
e) Combining with any of the crew to disobey lawful commands or to
neglect duty or to impede the navigation of the ship or retard the
progress of the voyage;
f) willfully damaging his ship or committing criminal fraud or breach of trust
in respect of her stores and cargo or willfully damaging it.
Page 181 of 233

 Smuggling any goods whereby loss or damage is occasioned to the master

or owner of the ship. If found guilty of smuggling opium, hemp or any other
narcotics, the Director-General may direct that the seaman's certificate of
discharge or continuous certificate of discharge be cancelled or suspended.
Entry of offences in official logs.―If any offence within the meaning of this Act,
of desertion or absence without leave or against discipline is committed, or if any
act of misconduct is committed, the entry in this regard must be made in the
following manner –
a) an entry of the offence or act shall be made in the official log book and
signed by the master, the mate and one of the crew; and
b) if the offender is still in the ship, then before the next subsequent arrival of
the ship at any port, or, if she is at the time in port, before her departure
therefrom, he must be furnished with a copy of the entry and have the same
read over distinctly and audibly to him and he may thereupon make such
reply thereto as he thinks fit; and
c) a statement of a copy of the entry having been so furnished and the entry
having been so read over and the reply, if any, made by the offender shall
likewise be entered and signed in manner aforesaid; and
d) in any subsequent legal proceedings, the OLB entries shall, if practicable, be
produced or proved. In the absence of such proof, the court hearing the
case, may in its discretion, refuse to receive evidence of the offence or act
of misconduct.
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Explain the procedure for detention of a foreign flag vessel in India as per M.S.
Act, 1958.
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The procedure for detention of a foreign flag vessel in India is very much similar to
that of detention of an Indian ship in India, with some differences.
For detention of Indian ship in India,

 The Central Government, if it has reason to believe, on complaint or
otherwise, that any ship is unsafe, may order the ship to be provisionally
detained as an unsafe ship for the purpose of being surveyed.
Page 182 of 233

 A written statement of the grounds of such detention shall be immediately

served on the master of such ship.
 When the Central Government provisionally orders the detention of a ship,
it shall either refer the matter to the Court of survey for the port where the
ship is detained, or appoint some competent person to survey such ship and
report thereon; and, on receiving the report, may either order the ship to be
released or if in its opinion the ship is unsafe, may order her to be finally
detained, either absolutely or until she corrects the defects to the
satisfaction of the Central Government.
 Before an order for final detention is made, a copy of the report shall be
served upon the master of the ship, and within seven days after such service
the owner or master may appeal against such report, in the manner
prescribed, to the court of survey for the port where the ship is detained.
 The Central Government may at any time, if satisfied that a ship detained
under this section is not unsafe, order her to be released either upon or
without any conditions.
 Any detaining officer appointed by the Central Government shall have the
same power as the Central Government, such as provisionally ordering the
detention of a ship, appointing a person to survey her, and if he thinks that a
ship so detained by him is not unsafe, may order her to be released.
 A detaining officer shall report to the Central Government any order made
by him for the detention or release of a ship without any delay.
For detention of foreign flag ships in India, as per Section 342,

 When a ship other than an Indian ship is in a port in India and is unsafe, due
to defective condition of her hull, equipment or machinery, or due to
overloading or improper loading, the above provisions with respect to the
detention of ships shall apply to that ship as if she were an Indian ship with
the following modifications, namely:
a) a copy of the order for the provisional detention of the ship shall be served
on the consular officer for the country to which the ship belongs at or
nearest to the port in which such ship is detained;
b) the consular officer, at the request of the owner or master of the ship, may
require that the surveyor appointed by the Central Government to survey
the ship shall be accompanied by such person as the consular officer may
select. If the surveyor and that person agree, the Central Government shall
cause the ship, to be detained or released accordingly, but, if they differ, the
Page 183 of 233

Central Government may act as if the requisition had not been made, and
the owner and master shall have the like right of appeal to a Court of survey
touching the report of the surveyor.
c) where the owner or master of the ship appeals to the Court of survey, the
consular officer, at the request of the owner or master, may appoint a
competent person to be assessor in the case, who for an Indian ship is
appointed by the Central Government.
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Give the revised terms of the articles of agreement for Indian Ships / seafarers in
compliance with MLC 2006.
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As per Section 101 (Form and contents of the agreement)
1) An agreement with the crew shall be in the prescribed form, and shall be
dated at the time of the first signature thereof, and shall be signed by the
owner or agent and the master before any seaman signs the same.
2) The agreement with the crew shall contain following particulars, namely:
a) the name of the ship on board which the seaman undertakes to serve;
b) either the nature and, as far as practicable, the duration of the intended
voyage or engagement or the maximum period of the voyage or
engagement, and the places or parts of the world, if any, to which the
voyage or engagement is not to extend;
c) the number and description of the crew of different categories in each
department;
d) hours of work and rest in a week, as may be prescribed;
e) the time at which each seaman is to be on board or to begin work;
f) the capacity in which each seaman is to serve;
g) the amount of wages which each seaman is to receive;
h) the entitlement for leave, as may be prescribed; and
i) details of warm clothing and additional provisions to be supplied in
specified cold regions.
j) Payment of compensation for injury or death.
k) Arrangement to provide free repatriation to India if services are
terminated outside India.
l) a scale of the provisions which are to be furnished to each seaman
m) Any other stipulations as may be necessary.
Page 184 of 233

3) The agreement shall provide that in the event of a dispute arising outside
India between the master, owner or agent of a ship and a seaman in respect
of any matter touching the agreement, such dispute shall be referred to the
Indian consular officer whose decision thereon shall be binding on the
parties until the return of the ship to the port in India at which the seaman is
to be discharged.
4) In the case of a ship other than an Indian ship, no such dispute shall be
referred to the Indian consular officer if such reference is contrary to the
rules of international law.
5) The agreement with the crew shall be so framed as to admit of stipulations,
to be adopted at the will of the master and seaman in each case, w.r.t. the
advance and allotment of wages and may contain any other stipulations
which are not contrary to law.
 As per Section 102 (Engagement of seaman where agreement is made out of

India), the master of a ship registered at a port outside India who has an
agreement with the crew made in due form according to the law of that
port or of the port in which her crew were engaged, may engage in any port
in India―
a) a seaman who is not a citizen of India and who holds a continuous
discharge certificate or any other similar document of identity issued by
the competent authority of the country in which the ship is registered or
the country in which the said agreement was made; or
b) a seaman who is a citizen of India and who holds a certificate of
discharge or a continuous certificate of discharge issued under this Act,
Any seaman so engaged under clause (a) or (b) may sign the agreement
aforesaid and it shall not be necessary for him to sign an agreement under
this Act.
 As per Section 103 (Special provisions with regard to agreements with crew
of Indian ships), every agreement made in India with the crew of an Indian
ship must be signed by each seaman in the presence of a shipping master;
 The shipping master shall cause the agreement to be read over and
explained to each seaman, in a language understood by him or shall
otherwise ascertain that each seaman understands the same before he
signs it, and shall attest each signature;
Page 185 of 233

 When the crew is first engaged, the agreement shall be signed in duplicate,
and one part shall be retained by the shipping master, and the other part
shall be delivered to the master.
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Discuss the term ‘seaworthiness’ from the perspective of M.S. Act, 1958. OR
Discuss the provisions of the M.S. Act, 1958 for unseaworthy and unsafe ships
with regards to –
(a) Sending an unseaworthy ship to sea
(b) Obligation of Owner and Master to crew with respect to seaworthiness
(c) Explain Certificate of Seaworthiness
(d) Interim Certificate of Class
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(a) As per Section 334 (Unseaworthy ship not to be sent to sea),

1) A ship is “unseaworthy” within the meaning of this Act when the materials
of which she is made, her construction, qualifications of the master, the
number, description and qualifications of the crew including officers, the
weight, description and stowage of the cargo and ballast, the condition of
her hull and equipment, boilers and machinery are not such as to render her
in every respect fit for the proposed voyage or service.
2) Every person who sends or attempts to send an Indian ship to sea from any
port in India in such an unseaworthy state that the life of any person is likely
to be thereby endangered shall be guilty of an offence under this sub-
section, unless he proves that he used all reasonable means to insure her
being sent to sea in a seaworthy state or that her going to sea in such
unseaworthy state was under the circumstances, reasonable and justifiable.
3) Every master of an Indian ship who knowingly takes such ship to sea in such
unseaworthy state that the life of any person is likely to be thereby
endangered shall be guilty of an offence under this sub-section, unless he
proves that her going to sea in such unseaworthy state was, under the
circumstances, reasonable and justifiable.
4) For the purpose of giving such proof, every person charged under this
section may give evidence in the same manner as any other witness.
5) No prosecution under this section shall be instituted except by, or with the
consent of, the Central Government.
Page 186 of 233

(b) As per Section 335 (Obligation of owner to crew with respect to seaworthiness)
1) In every contract of service between the owner of an Indian ship and the
master or any seaman thereof, and in every contract of apprenticeship,
there shall be an obligation implied on the owner that such owner and the
master, and every agent charged with the loading of such ship or the
preparing or sending of the ship to sea, shall use all reasonable means to
ensure the seaworthiness of such ship for the intended voyage when such
voyage commences, & to keep her in a seaworthy state during the voyage.
2) For the purpose of seeing that the provisions of this section have been
complied with, the Central Government may, either at the request of the
owner or otherwise, arrange for a survey of the hull, equipment or
machinery of any sea-going ship by a surveyor.
(c) Certificate of Seaworthiness – If a ship sustained any damage to her Hull or

Machinery or Grounds and Re-floats, the Master must cause the ship to be
surveyed at the next port of arrival. An entry should be made in the Official Log
Book and a protest noted at the first opportunity. It is advisable to use a
Classification society surveyor and if he is satisfied that the ship is fit in every
respect to continue her voyage, he will issue a certificate of seaworthiness.
(d) Interim Certificate of Class – The surveyor may require that the damaged ship
be dry-docked for further examination at a named subsequent port. He will then
issue an Interim Certificate of Class. It is very important to obtain the appropriate
certificate, because if anything goes wrong at later stage of the voyage, and is
traced back to the incident which required a survey, not only is the vessel’s
insurance jeopardized but also the owner will lose his rights to claim any benefit of
any exception clause in the Contract of Affreightment.
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As per M.S. Act, 1958, write down entries to be made by Registrar in Ship’s
Register book with him.
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 At each of the ports of Bombay, Calcutta and Madras, the principal officer of
the Mercantile Marine Department, and at any other port such authority as
the Central Government may, by notification in the Official Gazette, appoint,
shall be the registrar of Indian ships at that port.
Page 187 of 233

 If ordered by the Central Government, in the absence or non-availability of

the Registrar at the port for any reason, the senior most surveyor at that
port may act as the Registrar and exercise and discharge the powers, duties
and functions of the registrar.
 Every registrar shall keep a book to be called the ‘register book’ and entries
in that book shall be made in accordance with, the following provisions:―
a) the property in a ship shall be divided into ten shares;
b) subject to the provisions of this Act with respect to joint ownership, not
more than ten individuals shall be entitled to be registered at the same
time as owners of any one ship;
c) a person shall not be entitled to be registered as owner of a fractional
part of a share in a ship; but any number of persons not exceeding five
may be registered as joint owners of a ship or of any share or shares
therein;
d) a company or a co-operative society may be registered as owner by its
name.
 Entry of particulars in register book - As soon as the requirements

preliminary to registry (surveys, measurements, marking, declaration of
ownership, etc.) have been complied with, the registrar shall enter in the
register book the following particulars in respect of the ship:―
a) the name of the ship and the name of the port to which she belongs and
the ship identification number;
b) the details contained in the surveyor’s certificate;
c) the particulars of her origin stated in the declaration of ownership; and
d) the name and description of her registered owner or owners, and, if
there are more owners than one, the number of shares owned by each
of them.
 Documents to be retained by registrar - On the registry of a ship, the

registrar shall retain in his custody the following documents :―
a) the surveyor's certificate;
b) the builder's certificate;
c) any instrument of sale by which the ship was previously sold;
d) all declarations of ownership.
Page 188 of 233

 Other entries in Register Book:

a) On transfer of an Indian ship or of a share, the name of the transferee as
owner of the ship or share.
b) Where the ship or share therein, is transmitted to a person on the death
or insolvency of any registered owner, the registrar, on receipt of the
declaration of transmission, shall enter in the register book the name of
the person(s) entitled as owner of the ship or share(s).
c) A registered ship or a share therein, when mortgaged, should be
recorded by the Registrar in the register book.
d) Where a registered mortgage is discharged, the registrar shall, after
checking the mortgage deed and receipt for the mortgage money, make
an entry in the register book to the effect that the mortgage has been
discharged.
e) In the case of transfer of mortgage, the name of the transferee as
mortgagee of the ship or share.
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Stipulate the provisions under M.S. Act, 1958 with respect to the following:
(a) Engagement between seamen and masters of ship other than Indian Ship
(b) Master to take charge of effects of deceased seamen.
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As per Section 114 (Engagements between seamen and masters of ships other than
Indian ships)
1) When the master of a ship other than an Indian ship engages a seaman at
any port in India to proceed to any port outside India, he shall enter into an
agreement with such seaman, and the agreement shall be made before a
shipping master in the manner provided by this Act for the making of
agreements in the case of foreign going Indian ships.
2) All the provisions, of this Act related to the form of such agreements and
the stipulations to be contained in them and the making and signing of the
same shall be applicable to the engagement of such seaman.
3) The master of a ship other than an Indian ship shall give to the shipping
master a bond with the security of some approved person resident in India
for such amount as may be fixed by the Central Government. The shipping
master may waive the execution of a bond where the owner of the ship has
an agent at any port in India and such agent accepts liability or provides
security as may be approved by the Central Government.
Page 189 of 233

As per Section 152 (Master to take charge of the effects of deceased seamen),
1) If any seaman or apprentice engaged on any ship, the voyage of which is to
terminate in India, dies during that voyage, the master of the ship shall
report the death to the next-of-kin of the seaman or apprentice and to the
shipping master at his port of engagement and shall take charge of any
money or effects belonging to the seaman or apprentice which are on board
the ship.
2) The master shall thereupon enter in the official log book the following
particulars, namely:—
a) a statement of the amount of money and a detailed description of the
other effects;
b) a statement of the sum due to the deceased for wages and of the
amount of deduction, if any, to be made from the wages.
3) The said money, balance of wages and other effects in this Act are referred
to as the property of the seaman or apprentice.
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As per M.S. Act, 1958, when a CDC can be withdrawn from a seaman?
Under the M.S. Act, explain the duties of a Master when your vessel meets with a
major accident.
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In the following circumstances, the CDC of a seaman can be withdrawn:
1) Desertion or absence without leave - If it is shown to the satisfaction of a

proper officer that a seaman has deserted his ship or has absented himself
without leave and without sufficient reason from his ship or from his duty,
the proper officer shall forthwith make a report to that effect to the
Director-General who may thereupon direct that the seaman's certificate of
discharge or continuous certificate of discharge shall be withheld for such
period as may be specified in the direction.
2) Smuggling of Drugs - If a seaman lawfully engaged is convicted of an
offence of smuggling opium, hemp or any other narcotic drug or narcotic,
the Director-General may direct that the seaman's certificate of discharge or
continuous certificate of discharge shall be cancelled or shall be suspended
for such period as may be specified in the direction.
Page 190 of 233

Duties of the Master when met with a major accident:

 To render to the other ship, her master, crew and passengers, if any, such
assistance as may be practicable and may be necessary to save them from
any danger caused by the collision and to stay by the other ship until he has
ascertained that she has no need of further assistance, and
 To give to the masters or persons in-charge of the other ships the name of
his own ship and of the port to which she belongs and also the names of the
ports from which she comes and to which she is bound.
 To immediately after the occurrence, cause a statement thereof and of the
circumstances under which the same occurred to be entered in the official
log book, if any, and the entry shall be signed by the master and also by the
mate or one of the crew.
 After any major accident where a ship has sustained or caused any accident
leading to loss of life or any serious injury to any person or has received any
material damage affecting her seaworthiness or her efficiency either in her
hull or her machinery affecting the particulars contained in any of the
certificates issued under this Act in respect of the ship, the owner or master
shall, within twenty-four hours after the happening of the accident or
damage or as soon thereafter as possible, transmit to the Central
Government or the nearest principal officer a report of the accident or
damage and of the probable cause thereof stating the name of the ship, her
official number, if any, her port of registry and the place where she is.
 The Master must also require the ship to be surveyed usually by a
Classification Society surveyor in order to ascertain the seaworthiness of the
ship.
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Under M.S. Act, how does the vessel deal with the following situations?
(a) Complaints by crew of provisions and water.
(b) Seaman expires in a foreign port
(c) Dispute between two seamen
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(a) Complaints by crew of provisions and water.
 M.S. Act Section 168 requires all ships to have on board sufficient provisions
and water of good quality and fit for the use of the crew on the scale
specified in the agreement with the crew.
Page 191 of 233

 If there is a complaint by crew of provisions and water, the master must

ensure that the complaint is heard, and necessary actions are taken to
ensure good quality of food and water and adequate in quantity as required.
 If the complaint results in an inspection by the shipping master, port health
officer, seaman welfare officer or any other authorized officer, and he finds
the provisions or water to be of bad quality and unfit for use or deficient in
quantity, he shall signify it in writing to the master of the ship and may, if he
thinks fit, detain the ship until the defects are rectified to his satisfaction.
 The master shall not use any provisions or water so signified to be of bad
quality and shall instead, provide other proper provisions or water or
procure the required quantity of water in case of a deficiency in quantity.
 If the inspecting officer certifies in the statement of the result of the
inspection that the complaint was false and either frivolous or vexatious,
every member of the crew who made the request (complaint) shall be liable
to forfeit to the owner out of his wages a sum not exceeding one week’s
wages.
 The person making the inspection shall enter a statement of the result of
the inspection in the official log book, and shall, if he is not the shipping
master, send a report thereof to the shipping master and that report shall
be admissible in evidence in any legal proceeding.
(b) Seaman expires in a foreign port

 The master of the ship shall report the death to the next-of-kin of the
seaman or apprentice and to the shipping master at his port of engagement
and shall take charge of any money or effects belonging to the seaman or
apprentice which are on board the ship.
 The master shall thereupon enter in the official log book the following
particulars, namely:—
a) a statement of the amount of money and a detailed description of the
other effects;
b) a statement of the sum due to the deceased for wages and of the
amount of deduction, if any, to be made from the wages.
 If any seaman or apprentice engaged on any ship, the voyage of which is to
terminate in India, dies during that voyage and the ship before coming to a
port in India touches and remains for 48 hours at some port elsewhere, the
master shall report the case to the Indian consular officer at such port and
Page 192 of 233

shall give to the officer any information he requires as to the destination of

the ship and probable length of the voyage.
 The Indian consular officer may require the property of the deceased
seaman to be delivered and paid to him and shall thereupon give to the
master a receipt thereof. The receipt shall be produced by the master to the
shipping master within 48 hours after his arrival at his port of destination in
India.
 If the ship is on her voyage to an Indian Port without touching or remaining
at a port elsewhere, the master shall within 48 hours after his arrival at his
port of destination in India, pay and deliver the property of the deceased
seaman to the shipping master at that port.
 The Master must make the required entry in the OLB and after arrival, shall
deliver or transmit to the Director General the return of the facts recorded
by him.
 If the Indian seaman dies at any place outside India leaving any money or
effects not on board the ship, the Indian consular officer at or near the place
shall claim and take charge of such money and other effects.
(c) Dispute between two seamen

 The Master must try to resolve the disputes onboard or involved the
Company if required.
 However, if there is any sign of misconduct tending to immediate loss or
destruction, or serious damage to the ship, or tending immediately to
endanger the life of a person or to cause injury to any person, then the same
must be entered in the OLB as required by the Act.
 Also, if any of the seaman, refuses to do any lawful act required to be done
by him for preserving the ship from immediate loss, destruction or serious
damage, or for preserving any person belonging to or on board the ship
from danger to life or from injury, that kind of misconduct must also be
entered in the OLB.
Page 193 of 233

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As per M.S. Act 1958, describe the duties of the Master after collision and
‘apportionment of liability’.
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Following are the duties of the Master after collisions –
1) Section 348 - In every case of collision between two ships, it shall be the
duty of the master or person in charge of each ship, if and so far as he can
do so without danger to his own ship, crew and passengers, if any―
a) to render to the other ship, her master, crew and passengers, if any, such
assistance as may be practicable and may be necessary to save them
from any danger caused by the collision and to stay by the other ship
until he has ascertained that she has no need of further assistance, and
b) to give to the masters or persons in-charge of the other ships the name
of his own ship and of the port to which she belongs and also the names
of the ports from which she comes and to which she is bound.
2) Section 349 - In every case of collision in which it is practicable so to do, the
master of every ship concerned shall, immediately after the occurrence,
cause a statement of the occurrence and of the circumstances under which
the same occurred, to be entered in the official log book, if any, and the
entry shall be signed by the master and also by the mate or one of the crew.
3) Section 350 - When a ship has sustained or caused any accident causing loss
of life or any serious injury to any person or has received any material
damage affecting her seaworthiness or her efficiency either in her hull or
machinery so as to affect the Certificates issued under this Act, the owner or
master shall, within 24 hours after the happening of the accident or damage
or as soon thereafter as possible, transmit to the Central Government or the
nearest principal officer, a report of the accident or damage and of the
probable cause thereof, stating the name of the ship, her official number, if
any, her port of registry and the place where she is.
‘Apportionment of liability’. (Section 345 - Division of loss in case of collision.)

 Whenever by the fault of two or more ships, damage or loss is caused to
one or more of them or to the cargo of one or more of them or to any
property on board one or more of them, the liability to make good the
damage or loss shall be in proportion to the degree in which each ship was
at fault.
Page 194 of 233

 After having regard to all the circumstances of the case, if it is not possible
to establish different degrees of fault, the liability shall be apportioned
equally.
 References to damage or loss caused by the fault of a ship shall include any
salvage cost or other expenses, resulting from that fault.
===================================================================
What are the provisions of the M.S. Act, 1958, regarding the Cerificate of Registry
with respect to:
(a) Custody and use of certificate
(b) Change of Master or Owner
(c) Defaced or Lost certificate
(d) Ships purchased / construction abroad for an Indian Owner
(e) Alteration to ship affecting her tonnage and description
====================================================================
(a) Custody and use of certificate
 The certificate of registry shall be used only for the lawful navigation of the
ship, and shall not be subject to detention by any owner, mortgagee or
other person.
 No person who has in his possession or under his control the certificate of
registry of a ship, shall refuse or omit without reasonable cause to deliver
such certificate on demand to the person entitled to its custody for running
the ship or to any registrar, customs collector or other person entitled by
law to require such delivery.
 Any person refusing to deliver the certificate as required by above sub-
section, may, by order, be summoned by any Judicial Magistrate of the first
class or any Metropolitan Magistrate, to appear before him and to be
examined.
 If the person is proved to have absconded and the order of the magistrate
cannot be served on him, or if he persists in not delivering up the certificate,
the said Magistrate shall certify the fact, and the same proceedings may
then be taken as in the case of a certificate mislaid, lost or destroyed.
 If the master or owner of an Indian ship uses or attempts to use for her
navigation a certificate of registry not legally granted in respect of the ship,
he shall be guilty of an offence under this sub-section and the ship shall be
liable to forfeiture.
Page 195 of 233

(b) Change of Master or Owner

 Where the master of an Indian ship is changed, for any reason,
(i) the registrar or any other officer authorized by the Central Government
in this regard, at the Indian port where the change occurs OR
(ii) the Indian consular officer at the port outside India, where the change
occurs,
shall endorse and sign on the certificate of registry a memorandum of the
change, and any customs collector at any port in India may refuse to permit
any person to do any act there as master of an Indian ship unless his name is
inserted in or endorsed on her certificate of registry as her last appointed
master.
 Where a change occurs in the registered ownership of an Indian ship, the
change of ownership shall be endorsed on her certificate of registry either
by the registrar of the ship's port of registry or by the registrar of any port
at which the ship arrives who has been advised of the change by the
registrar of the ship’s port of registry. For such endorsement, the master
shall deliver the certificate of registry to the registrar forthwith after the
change, if the change occurs when the ship is at her port of registry. If the
change occurs during her absence from that port and the endorsement
under this section is not made before her return, then, the certificate must
be delivered upon her first return to that port.
(c) Defaced or Lost certificate

 In the event of the certificate of registry of an Indian ship being defaced or
mutilated, the registrar of her port of registry may, on the delivery to him of
that certificate, grant a new certificate in lieu of her original certificate.
 In the event of the certificate of registry of an Indian ship being mislaid, lost
or destroyed or when the entitled person is unable to obtain it from the
custody of any other person, the registrar of her port of registry shall grant
a new certificate in lieu of her original certificate.
 If the above occurs at a port outside India, or ship is first arriving at a port
outside India, then the master of the ship or some other person having
knowledge of the facts of the case, shall make a declaration stating such
facts and the names and descriptions of the registered owners of such ship
to the best of the their knowledge and belief, to the nearest available Indian
Page 196 of 233

consular officer who may thereupon grant a provisional certificate

containing a statement of the circumstances under which it is granted.
 The provisional certificate shall, within ten days after the first subsequent
arrival of the ship at her port of discharge in India, be delivered by the
master to the registrar of her port of registry and the registrar shall
thereupon grant a new certificate of registry.
 If the certificate of registry which was lost is found at a later time, or if the
person entitled to the certificate of registry obtains it at a later time, then
the said certificate shall forthwith be delivered to the registrar of her port of
registry to be cancelled.
(d) Ships purchased / construction abroad for an Indian Owner

 If a ship becomes entitled to be registered as an Indian ship, at any port
outside India, the Indian consular officer there may grant to her master on
his application a provisional certificate containing such particulars as may be
prescribed in relation to the ship and shall forward a copy of the certificate
at the first convenient opportunity to the Director-General.
 Such a provisional certificate shall have the effect of a certificate of registry
until the expiration of six months from its date or until the arrival of the ship
at a port where there is a registrar whichever happens first, and on either of
those events happening, shall cease to have effect.
(e) Alteration to ship affecting her tonnage and description

 When a registered ship is so altered as not to affect her tonnage or
description contained in the register book, then, if the alteration is made at
any port having a registrar, that registrar, or if it is made elsewhere, the
registrar of the first port having a registrar at which the ship arrives after
the alteration, shall, on application being made to him stating the particulars
of the alteration, either cause the alteration to be registered or direct that
the ship be registered anew.
 For registering an alteration, the ship's certificate of registry shall be
produced to the registrar, and the registrar shall, in his discretion, either
retain the certificate of registry and grant a new certificate of registry
containing a description of the ship as altered or endorse and sign on the
existing certificate a memorandum of the alteration.
Page 197 of 233

 The particulars of the alteration made and the fact of the new certificate
having been granted, or endorsement having been made, shall be entered
by the registrar in his register book.
===================================================================
State the procedure for transferring the Registry of an Indian Ship from one Port
to another.
===================================================================
 The Registry of any Indian Ship may be transferred from one Indian port to
another Indian port with the prior approval of the Director-General.
 All persons entered as Owners and Mortgagees in the Register book must
apply to the Registrar at the vessel’s existing Port of Registry. Such a
transfer does not affect the rights of the Owners or the Mortgagees.
 The present Registrar shall, then inform the Registrar at the intended Port
of Registry giving all the details as contained in the Register Book.
 The existing Certificate of Registry may be handed over to the Registrar at
the vessel’s present Port of Registry or the Registrar at the intended Port of
Registry.
 If the Certificate of Registry is handed over to the Registrar of the present
Port of Registry, he shall forward the same to the intended Port of Registry.
 The Registrar at the ship’s intended Port of Registry shall then enter all the
particulars as informed to him, in the Register Book, and issue a new
Certificate of Registry. He shall also cause the name of the ship’s new Port
of Registry to be marked on the ship.
===================================================================
What is ‘Shipping Casualty’ and the provisions under MS Act for reporting the
same.
===================================================================
 A shipping casualty shall be deemed to occur when―
a) on or near the coasts of India, any ship is lost, abandoned, stranded or
materially damaged;
b) on or near the coasts of India, any ship causes loss or material damage to
any other ship;
Page 198 of 233

c) any loss of life resulting due to any casualty happening to or on board

any ship on or near the coasts of India;
d) in any place, any such loss, abandonment, stranding, material damage or
casualty as above mentioned occurs to or on board any Indian ship, and
any competent witness thereof is found in India;
e) any Indian ship is lost, and any evidence is obtainable in India as to the
circumstances under which she proceeded to sea or was last heard of.
 In case of (a), (b), and (c), the master, pilot, harbour master or other person
in charge of the ship, or (where two ships are concerned) in charge of each
ship at the time of the shipping casualty, shall, on arriving in India, give
immediate notice of the shipping casualty to the officer appointed in this
behalf by the Central Government.
 In case of (d), the master of the ship, shall, on arriving in India, give
immediate notice of the shipping casualty to the officer appointed in this
behalf by the Central Government.
 Whenever any such officer appointed by the Central Government, receives
credible information that a shipping casualty has occurred, he shall
forthwith report in writing the information to the Central Government; and
may proceed to make a preliminary inquiry into the casualty. After making a
preliminary inquiry, he shall send a report thereof to the Central
Government or such other authority as may be appointed by it in this behalf.
===================================================================
What is included under the definition of ‘Wreck’ under MSA 1958? What are its
provisions as regards to the preservation of life and property of a vessel wrecked
on or near the Indian Coast?
===================================================================
 As per MSA 1958, ‘wreck’ includes the following when found in the sea or in
the tidal water or on the shores thereof,
1) Goods cast or fallen into the sea & then sunk and remained under water.
2) Goods cast or fallen into the sea and remain floating on the surface.
3) Goods which are sunk into the sea, but are attached to a floating object
in order that they may be found again.
4) Goods which are thrown away or abandoned and,
5) A vessel abandoned without hope or intention of recovery.
Page 199 of 233

 The Central Government may, by notification in the Official Gazette, appoint

any person to be a receiver of wreck to receive and take possession of
wreck and to perform the connected duties mentioned in the Act.
 A receiver of wreck may, by order in writing, direct that all or any of his
functions be discharged by such person as may be specified therein and any
person while discharging any such functions shall be deemed to be a
receiver of wreck for the purposes of this Act.
 Duty of receiver where vessel is in distress.―Where any vessel is wrecked,
stranded or in distress at any place on or near the coasts of India, the
receiver of wreck, shall, upon being made acquainted with the
circumstances, forthwith proceed there, and upon his arrival shall take
command of all persons present and shall assign such duties and give such
directions to each person as he thinks fit for the preservation of the vessel
and of the lives of the person's belonging to the vessel and of its cargo and
equipment. The receiver shall not interfere between the master and the
crew of the vessel, in reference to the management, unless he is requested
to do so by the master.
 Adjoining lands may be used for providing assistance or landing of vessel’s
cargo, equipment or persons without any interruption from the owners of
such land. Any damage caused by such an act, will be charged to the ship.
 Whenever a vessel is wrecked, and any person obstructs the preservation of
the vessel or persons or cargo or equipment of the vessel, the receiver of
wreck may take such steps and use such force as he may consider necessary
for the suppression of any such obstruction.
 The receiver of wreck may conduct an investigation into the following
a) the name and description of the vessel;
b) the names of the master and of the owners;
c) the names of the owners of the cargo;
d) the ports from and to which the vessel was bound;
e) the occasion of the wrecking, stranding, or distress of the vessel;
f) the services rendered; and
g) such other relevant matters or circumstances
Page 200 of 233

===================================================================
State the documents to be submitted to the shipping agent in Indian ports for
obtaining outward port clearance.
===================================================================
The shipping agent will provide the vessel with a list of documents required for
outward port clearance well in advance of the ship’s arrival in port. Following are
the documents that are usually required to be submitted to the shipping agent in
Indian ports for obtaining outward port clearance:
1) Cargo Declaration
2) Declaration of Ship’s stores
3) Crew / Passenger List
4) Certificate of Registry
5) Load Line Certificate
6) Safety Construction Certificate
7) Safety Equipment Certificate
8) Safety Radio Certificate
9) De-ratting / De-ratting exemption certificate
10) Certificate of Insurance (CLC-Oil, CLC-Bunker, Wreck, P&I, H&M, etc)
11) Light Dues Receipt
12) Articles of Agreement
====================================================================
Describe the procedure of Registration of Indian ships.
====================================================================
 A ship shall not be deemed to be an Indian ship unless owned wholly by;
1. persons who are citizens of India;
2. a company or a body established under any Central or State Act which
has its principal place of business in India; or
3. a co-operative society registered under the Co-operative Societies Act.
 Every Indian ship of 15 NT or more, and employed solely in navigation on the

coasts of India, shall be registered under this Act.
 The ship shall be registered at either the ports of Bombay, Calcutta or
Madras or such other ports in India as the Central Government may declare
Page 201 of 233

to be ports of registry. The port at which an Indian ship is registered is her

port of registry and the port to which she belongs.
 Following is the procedure for registration of the Indian Ship;
1. Port of Registry - The desired Port of Registry must be selected.
2. Application for registry - An application for the registry must be made -

a) In the case of an individual, by the person requiring to be registered
as Owner or by his agent.
b) In case of more than one individual requiring to be so registered, then
by one or more of the persons so requiring or by his or their agent.
c) In the case of a company or a co-operative society requiring to be so
registered, by its agent.
3. Survey and measurement of ships - After application, the ship should be

surveyed by a surveyor and the tonnage of the ship ascertained in the
prescribed manner. The surveyor shall grant a certificate specifying the
ship’s tonnage and build and such other relevant particulars and the
certificate of the surveyor shall be delivered to the registrar before
registry.
4. Marking of ship - Before registry, the ship must be marked permanently

and conspicuously in the prescribed manner and to the satisfaction of
the registrar.
5. Declaration of ownership on registry - The owner of an Indian ship or of

a share therein, must make and sign a declaration of ownership in the
prescribed form. This must include the following:-
a) a statement whether he is or is not a citizen of India;
b) a statement of the time and place where the ship was built; if the time
and place of building is not known, a statement to that effect; if the
ship was previously registered outside India, a statement of the name
by which she was so registered;
c) name of her master;
d) numbers of shares in the ship & under whose name to be registered.
e) a declaration that the particulars stated are true to the best of his
knowledge and belief.
Page 202 of 233

6. Evidence on first registry - On the first registry of an Indian ship the

following evidence shall be produced in addition to the declaration of
ownership:―
a) a builder’s certificate,
b) in cases where builder’s certificate cannot be procured, the
instrument of sale under which the ship or a share has been
purchased.
7. Entry of particulars in register book – Once all the above steps are
carried out, the registrar shall enter the following particulars in the
register book
a) the name of the ship and her Port of Registry
b) The ship identification number
c) Details contained in the surveyor’s certificate
d) Particulars of her origin stated in the declaration of ownership; and
e) Name and description of her registered owner or owners, and, if there
are more than one owner, the number of shares owned by each of
them.
8. Documents to be retained by registrar.―On the registry of a ship, the

registrar shall retain in his custody the following documents :―
a) the surveyor's certificate;
b) the builder's certificate;
c) any instrument of sale by which the ship was previously sold;
d) all declarations of ownership
9. Grant of Certificate of Registry - On completion of the registry of an

Indian ship, the registrar shall grant a certificate of registry containing
the required particulars as entered in the register book with the name of
her master.
-----------------------XXXXXXX--------------------
Page 203 of 233

MARITIME LAW MISC I
MISC QUESTIONS
(Marine Insurance, Salvage, Port of Refuge)
====================================================================
Explain 'deductible clause' under H&M
====================================================================
 A deductible clause in any insurance policy is a clause stipulating that

the insured will be liable for a specified initial amount of each loss, injury,
etc., and that the insurance company will be liable for any additional costs
up to the insured amount.
 In simple words, it is a fixed amount or percentage of a marine insurance
claim, which the insurance company will deduct from the claim payment.
 Sometimes deductibles are voluntary (to qualify for a lower premium rate)
but usually they are imposed by the insurer to avoid paying a large number
of small claims.
 It is similar to an insurer being exempted from paying the insured a specified
initial amount of the claim, in the event that the insured sustains a loss.
 For example, the H&M policy covers for hull damage with a deductible of
USD 500,000. Let us say, after a grounding the ship has to go to a dry-dock
for repairs. The total cost of repairs is USD 750,000. Then, in this case, the
insurer will be liable to pay only USD 250,000 since USD 500,000 will be paid
by the assured (ship owner) himself as deductible. And, if the total cost of
repair in this case happens to be USD 400,000 (or anything less than USD
500,000), then the insurer is NOT liable to pay anything because the repair
amount is less than the deductible and therefore will be paid in full by the
assured himself.
 The amount of deductible is decided at the time of forming the Hull and
Machinery policy. Usually, higher deductible amount means a lower
premium for the assured and vice-versa.
 Deductible serves two purposes - It discourages the shipowners from
claiming the small amounts and ensures that shipowners have increased
interest in minimizing the casualties and claims.
Page 204 of 233

MARITIME LAW MISC I
====================================================================
Define Port of refuge / place of refuge. Describe in brief the involvement of IMO
in this regard.
====================================================================
 A port of refuge is a port or place that a vessel diverts to when her master
considers it unsafe to continue the voyage due to a peril that threatens the
common safety.
 The loss of ships such as the ‘Erika’, ‘Prestige’ and ‘Castor’ in the past has
been accountable enough for IMO to take up the issue of ‘Port of Refuge’
and formulate newer and stricter guidelines and recommendations for ships
in need of assistance.
 Two resolutions were adopted addressing the issue of places of refuge for
ships in distress. It was an important step in assisting those involved in
incidents that may lead to the need for a place of refuge to make the right
decisions at the right time.
1. The first resolution gives guidelines that are intended for use when a ship is
in need of assistance, but the safety of life is NOT involved. Where the
safety of life is involved, the provisions of the SAR Convention should
continue to be followed. Under this resolution, the guidelines recognize
that, when a ship has suffered an incident, the best way of preventing
damage or pollution from its progressive deterioration is to transfer its
cargo and bunkers, and to repair the casualty. Such an operation is best
carried out in a place of refuge. However, to bring such a ship into a place of
refuge near a coast may endanger the coastal State, both economically and
from the environmental point of view, and local authorities may strongly
object to the operation. Therefore, granting access to a place of refuge
could involve a political decision which can only be taken on a case-by-case
basis.
2. The second resolution recommends that all coastal States should establish a
maritime assistance service (MAS). The principal purposes would be to
receive the various reports, consultations and notifications as required and
monitor the ship's situation, to see if such a report indicates that an incident
may give rise to a situation whereby the ship may be in need of assistance. It
should serve as the point of contact between the ship and the coastal State.
Page 205 of 233

MARITIME LAW MISC I
====================================================================
List various circumstances under which master may call this port/place. Describe
procedure to be followed upon deviating to port of refuge and action to be
taken if general average has arisen.
====================================================================
 Circumstances under which master may call a Port of Refuge include –

1. Heavy weather damage
2. Collision Damage
3. Shift of cargo during the voyage
4. Machinery Breakdown
5. Any other accident causing serious threat to the vessel and cargo
 The Master should take in consideration the following factors before finally
deciding upon for a place of refuge –
1. Human life at stake
2. Nature and condition of damage
3. Condition of cargo onboard
4. Environmental threat / Risk of Pollution
5. Availability of Salvors
6. Distance and estimated transit period to the place of refuge
7. Insurance against such incidents
 The decision-making process should be in conjunction with the coastal

states’ Maritime Assistance Service (MAS) and the DPA of the Company.
 Once it has been decided to go to the place for refuge, it is the Master’s
principal endeavor to take the damaged vessel safely towards the shore.
The Master in due course shall continuously communicate with the MAS
authorities as well as DPA.
 Actions by Master after giving a Port of Refuge call -
1. Inform the owners and charters about the condition of the ship.
2. Note the exact position of the Ship.
3. Maintain a separate record for all the additional expenditure that would be
involved in the process.
Page 206 of 233

MARITIME LAW MISC I
4. Ensure an agent is appointed who would inform the relevant parties for
port formalities and for other necessary services required. Ensure Class is
informed. Ensure insurance agent is informed for damage to ship’s structure
and P&I for damage to cargo.
5. Ensure that the owners and charters declare “general average”.
6. On reaching the Place of Refuge safety, issue a note of protest and reserve
the right to extend the protest.
7. General Average Bond and Guarantee Forms are to be signed for exercising
‘Lien’ on cargo.
8. Prepare all statements based on the facts and avoid ambiguities that may
affect the owners. Take help from P&I representative.
9. Co-operate with the H&M surveyors, Class surveyors, Cargo inspectors, PSC
officers, etc. attending the vessel for completing the obligatory inspections
and paperwork.
10. After all repairs and surveys, if the ship is found sea worthy, an interim
certificate is issued. Send the relevant documents to the owners for onward
transmission to average adjuster.
====================================================================
Who is an insurance surveyor and average adjuster?
====================================================================
Insurance Surveyor:
 When a claim is filed, there could be differences between what an insurer

and the insured believe the actual loss in a particular situation to be.
 Accordingly, if there is a claim that is expected to go beyond a certain
defined limit under a general insurance policy, the insurer sends a surveyor
or a loss assessor to determine the damage.
 Ideally, the surveyor and loss assessors are expected to observe the
damage and submit their report about it independent of the insurer and the
insured. They play a vital role in any general insurance claims.
 However, the surveyor’s report is not binding on the insurer.
 For any person to become an insurance surveyor, there are well-defined
qualifications that he/she must meet. For example, Surveyor for marine
insurance requires qualifications in marine engineering or naval
architecture.
Page 207 of 233

MARITIME LAW MISC I
Average Adjusters:
 Whenever there is general average loss, all parties involved in the marine
adventure will then pay a ratable (able to be estimated) contribution
towards that general average loss.
 Average adjusters are experts in the law and practice of general average
and marine insurance. They prepare claims under marine insurance policies
which generally involve loss or damage to ships, their cargoes or freight.
 They are called upon to prepare statements of claim against third parties
and to deal with the division of recoveries from third parties. (who has to
contribute how much)
 Average Adjusters are also involved in collecting general average security,
and also salvage security. They are mainly involved in effecting settlements
in General Average, usually as per York Antwerp rules.
 Average Adjusters may be appointed by any party involved in a marine
claim. However, irrespective of the identity of that party, the Average
Adjuster is bound to act in an impartial and independent manner.
====================================================================
Write short notes on Floating Policy, Open Cover and Tender Clause
====================================================================
 Floating Policy is a policy that describes the general terms and leaves the
amount of each shipment, ship’s name and other particulars to be declared
later on. The subsequent declarations can be made by endorsement on the
policy.
 Whenever there is a large exporter who makes a number of shipments, it is
very difficult for him to negotiate an insurance policy every time. The
insurance company provides him a blanket cover containing all T&C’s for
shipments to be made in a certain period. Hence, it is suitable for a cargo-
owner who makes regular shipments of cargoes. All his shipments are
automatically covered as soon as the declarations are made.
 This is a signed document and hence, legal. The policy is taken for a round
large sum. The premium for each shipment is decided on the basis of a fixed
amount depending on the value of goods exported. With each shipment,
the amount will be reduced till it is exhausted when the insured sum is said
to be 'closed' and the policy is 'fully declared' or, 'run off’. Thereafter, the
policy must be renegotiated.
Page 208 of 233

MARITIME LAW MISC I
 Open cover is a type of marine insurance policy in which the insurer agrees
to provide coverage for all cargo shipped during the policy period.
 It is an agreement between the assured and the insurer by which the
assured on his part agrees to ‘declare’, and the insurer on his part agrees to
accept all the shipments falling within the scope of the 'open cover'. All
such agreed declarations between the assured and the insurer are written
on the back of the policy.
 The insurance contract remains in force until cancelled.
 Under the open policy, individual successive shipments are periodically
reported or declared to the insurer and automatically covered on or after
the commencement date.
 Open policies can provide efficiency and savings for all parties concerned,
especially when the insured conducts a significant volume of highly similar
transactions.
 It is a form of long term marine insurance contract whereby the insurer
guarantees to accept risks that are declared by the assured as they arise
during the duration of the marine insurance contract.
 Tender clause is a clause that authorizes the insured to repair the vessel if
necessary during the voyage in any port and claim the expenses of repair.
 If insured neglects the repairs resulting in marine loss the insurance
company can deduct a pre-determined amount from the claim for such
negligence.
====================================================================
Describe the following: (a) Actual Total Loss (b) Constructive Total Loss
(c) General Average Loss (d) Particular Average Loss
====================================================================
Any marine loss can be divided into Total Loss and Partial Loss:
 Total Loss – The total loss takes place when the insured property is
completely destroyed. For example, the ship is drowned into sea water or
destroyed totally in collision. In case of total loss insurance company pays
the actual value of loss or sum assured whichever is less.
 Partial loss- When the property insured is not completely damaged or
destroyed, it is called partial loss. It can be general average loss or particular
average loss.
Page 209 of 233

MARITIME LAW MISC I
A) Actual Total Loss - Actual total loss takes place if the subject matter of
insurance is totally damaged or destroyed or the insured cannot possess it
in future. For example, ship is totally destroyed by collision or fire, or sea
water has entered heavily is sugar bags or cement bags.
B) Constructive Total Loss - In case of constructive total loss, the subject

matter of insurance is not totally destroyed, but it is reasonably abandoned,
(or thrown out) or it cannot be repaired to bring it to original position.
Constructive total loss takes place in following cases.
1. The cost of repairing the property is more than value after repair.
2. The property is reasonably abandoned because its total loss cannot be
prevented.
For example, cost of repairs and salvage after damage due to collision/fire
would add up to be more than the value of the ship itself.
C) General Average Loss - It is a loss arising from the expenses incurred or

sacrifices willingly made by the captain of the ship to preserve the cargo or
ship from further damage or total destruction. For a loss to be general
averages loss, the expenses or sacrifice should be made for preventing a
larger loss, should be reasonable and voluntarily made in a special situation.
For example, a cargo hold is on fire. Sea water is used to fight the fire to
prevent spread of the fire. The damage to cargo due to SW is a general
average loss.
D) Particular Average Loss- It is a partial loss of subject matter insured caused

by specified perils and not a general average loss and not intentional. It is a
loss resulting from an accident or normal perils or sea and is borne by owner
of property or insurance company.
====================================================================
What is a ‘Notice of abandonment’ with regards to Marine insurance?
====================================================================
 Notice of Abandonment is a formal notice of relinquishment (giving up) or
unconditional surrender of all rights to a property, cargo, or ship by its
insured owner (ship owner or cargo owner) to the insurer in the event of a
constructive total loss. By this notice, the assured declares its intention to
treat the loss as actual total loss.
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 The notice must be given with reasonable diligence otherwise (or in the
absence of a notice) the loss may be considered partial and the assured will
only get a partial insurance compensation.
 This notice of abandonment need not be in any particular form but must be
clear and should indicate to the insurer that the insured unconditionally
abandons the subject matter of insurance to the insurer and claims a total
loss under the policy.
 The notice of abandonment should be given within a reasonable time after
the assured has received reliable information of the loss.
====================================================================
Explain the terms ‘Particular charge’, ‘Barratry’ and ‘Sister Ship clause’ in relation
to Marine Insurance.
====================================================================
Particular Charge – When the subject matter insured is in danger of being

damaged or lost, it is the duty of the assured to take all possible measures,
including expenditure to limit the loss or damage. The insurer agrees to contribute
towards all such expenditure, provided that it is made particularly to save the
subject matter and is reasonable. Such charges under Sue and Labour clause are
called particular charges.
Barratry – This means any wrongful act done willingly by the Master or any of the
crew against the Owner and includes:
1. Any willful act of violence to the ship or her cargo
2. Any wrongful appropriation of the ship or her cargo
3. Any willful act which exposes the ship or her cargo to damage or
confiscation.
Sister Ship Clause – Under this clause, the assured is able to claim for insurance in
case the ship insured collides with another ship belonging wholly or partly to the
assured. He is also able to claim for salvage operations when such assistance is
provided by one of his own ships. This clause is important in a way that when two
of his own ships are involved, the owner cannot sue himself nor can he claim
salvage from himself.
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====================================================================
What is deviation under Marine insurance? Under what circumstances can it be
excused?
====================================================================
A voyage policy generally defines the Port of Call for the vessel. If the vessel
deviates without a lawful reason, then the underwriters are discharged from their
liability from the time of deviation, even if the ship may have regained her route
before any loss occurs. There is a deviation whenever;
1. The route designated by the policy is departed from.
2. If no route has been designated, the customary route is departed from.
3. Where the Ports of discharge are not named or if named, are not mentioned
in any particular order, the vessel must proceed to them in a strict
geographical order and failure to do so may amount to deviation.
4. The voyage must be completed with reasonable dispatch and any
unreasonable delays amounts to deviation.
Any deviation leads to the policy being Null and Void. However, deviation or delay
may be justified and excused when,
1. For the purpose of saving human life or for aiding a ship in distress where
human life may be in danger.
2. Reasonably necessary for safety of ship, or the property insured.
3. Authorized by any special terms of the policy.
4. Where caused by the circumstances beyond the control of the assured.
5. Reasonably necessary to comply with any express or implied condition.
6. Reasonably necessary for the purpose of obtaining medical or surgical aid.
7. Caused barratrously by the Master or crew, when Barratry is one of the
Perils insured against.
====================================================================
Discuss the factors to be taken into consideration before making an offer to tow
another vessel which is disabled but not in distress. When does towage become
salvage?
====================================================================
Prior offering to tow a disabled vessel, the master must verify if he is permitted to
do so by the C/P or the B/L. In addition, the following points must be carefully
considered:
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1. Notifying the owners and underwriters who may require an additional

premium to be paid.
2. Whether there is sufficient bunker on board, including an adequate reserve.
3. Notifying the charterer where applicable
4. The nature of cargo being carried
5. The condition of the main propulsion system and any deck machinery to be
used.
6. The value of the vessel being towed, and its cargo, to ascertain if an
adequate salvage reward is possible.
7. Deciding on the port of destination.
A towage becomes salvage when;

1. The services performed by the tug are of such an exceptional nature not
within the reasonable scope of the towage contract.
2. The services in fact performed and the risks run will not be adequately
compensated under the towage contract
There should be no fault or lack of skill on the part of the tug. Mere difficulty in
towing does not make it a salvage contract.
====================================================================
The use of LOF offers several advantages to the concerned parties. Discuss these
advantages from the point of view of the Salver and the Owner of the property.
====================================================================
The advantages of LOF for the Salver are –
1. He has a readily available agreement which is unlikely to be challenged.
2. His remuneration is referable to arbitration and he does not have to resort
to court cases which can be expensive and time consuming.
3. He retains his right of lien.
4. There is a provision of special compensation if the salver fails to carry out
the salvage, but has been diligent and prevented damage to environment
during the salvage operations.
5. He has the right to terminate the Contract when he feels there is no useful
result leading to a Salvage reward.
6. The LOF requires the Owner of the property to provide salvage security.
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The advantages of the LOF to the Owner of the property are –

1. He has a readily available agreement.
2. The principle of ‘No cure, no pay’ is an obvious advantage for the Owner of
the property.
3. The claims of the salver may be referred to arbitration without having to
resort to lengthy court cases.
4. The Owner can seek early release of his property by providing a security
against the salver’s claim.
====================================================================
Explain when does the salvage service is deemed completed as per LOF 2011.
====================================================================
As per LOF 2011,
 The Contractors agree to use their best endeavours to salve the property
and to take the property to the place as mentioned in the LOF or to such
other place as may be later agreed, or in the absence of any subsequent
agreement, to a place of safety.
 When there is no longer any reasonable prospect of a useful result leading
to a salvage reward or special compensation, either the owners of the
vessel or the Contractors shall be entitled to terminate the services by
giving reasonable prior written notice to the other.
 The Contractors' services shall be deemed to have been performed
(completed) when the property is in a safe condition in the place as stated
in the LOF or agreed later or in the absence of any subsequent agreement,
in a place of safety.
 The property shall be regarded as being in ‘safe’ condition, (despite that the
property is damaged or in need of maintenance)
1. If the Contractors are not obliged to remain in attendance anymore as
regarded by the authorities.
2. If the continuation of skilled salvage services from the Contractors or
other salvors is no longer necessary to avoid the property becoming lost
or significantly further damaged or delayed.
-------------XXXXX--------------
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MISC QUESTIONS
(B/L, C/P, Hague Visby, Cargo Docs, etc.)
====================================================================
Briefly explain your actions as a Master in the following circumstances:
A) While giving authority to agent to sign the B/L.
B) Before allowing discharge at destination port.
C) Shipping asking you to carry original B/L onboard & deliver cargo against it.
====================================================================
A) While giving authority to agent to sign the B/L:

 If the Master is authorizing a third party, like Agent, to sign the B/L on his
behalf, it is essential that the Master gives full and proper instructions to
such authorized persons. Such instructions are normally contained in a
Letter of Authorization (LOA) issued in advance. The authorization should:
1. Ensure that the description of the cargo in the Mate’s receipt is accurate.
2. Ensure that the Mate’s receipt contains the same applicable details,
information and remarks as the B/L should contain or the LOA states
such details, information or remarks that need to be inserted in the B/L.
3. Ensure that the authorization is only for that concerned parcel of cargo
loaded in that port at that date.
4. Ensure that the authorization is not transferrable to anyone else.
5. Ensure that if the B/L is to be signed ‘freight prepaid’, then freight is
actually paid.
6. Issue a Letter of protest and inform the Owner / Company immediately if
the charterer’s / agents refuse to sign the B/L in accordance with the
Mate’s receipt or accept the terms of the LOA.
B) Before allowing discharge at destination port.

 The Master is duty-bound to deliver the cargo to the first person presenting
a signed B/L together with the proof of identity and proof that the freight is
paid. Once the goods are released to a receiver, the carrier loses his lien on
the cargo for the freight lost.
 If the B/L has been transferred by the original consignee, the endorsement
on it must be checked.
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 Cargo must be delivered to a bona-fide holder of the B/L. If the B/L is open,
then the cargo can be delivered to anybody who presents it, provided that
the master has not been informed of any theft or fraud.
 If the B/L is straight, the master should check that the person claiming
delivery is the same as the person named in the B/L.
 If the B/L is negotiable, it is very important that the master checks whether
the B/L is properly endorsed and the person claiming delivery of goods is
entitled to the goods.
 Once the master has done all of this, he will endorse the B/L as
accomplished and date and sign the B/L with this remark. At this time, all
other original B/L’s wherever they may be, become invalid. On
accomplishing the B/L, the agent or master issues the holder of the B/L a
delivery note, which the holder will present to take delivery of the cargo.
C) Shipping asking you to carry original B/L onboard & deliver cargo against it.
 A shipper may pressurize the Master to retain onboard one original B/L out
of the set (of usually 3) issued with the instructions to hand it over to the
intended receiver to avoid the possibility of there being no B/L for
presentation at the discharge port.
 Master should refuse to retain any original B/L if it is ‘To Order’ or ‘Open B/L’
as the consignee is not known, delivery will not be possible.
 If the B/L is a straight B/L then it can be accepted and a copy of the receipt
of the B/L must be retained onboard. The intended receiver presents the
original B/L back to the Master to claim delivery of the goods.
 However, such a practice has a great deal of risk attached to it. Firstly, if
there is any claim, it will be deemed that the Master acted in bad faith by
delivering the cargo against an original B/L retained onboard. Moreover, the
carrier will be liable for wrongful delivery of goods and for compensating
the rightful owner for the full value of the cargo.
 P&I cover may also be lost. They recommend the B/L to be claused as “one
original B/L retained onboard against which delivery of cargo may be
properly made on instructions received from the shipper / charterer.”
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====================================================================
Briefly explain your actions as a Master in the following circumstances:
A) Two different persons present original B/L at discharge port.
B) When receiver asks for delivery of cargo without B/L as B/L has been delayed.
====================================================================
A) Two different persons present original B/L at discharge port.
 If such a situation arises, consult the ship owner’s P&I club correspondent.
The B/L’s may be left with the court of law to settle the dispute. In the
meantime, the ship may be required to land the goods to a warehouse/tank,
etc. where they will be held until the dispute has been settled and the
freight and charges have been paid.
B) When receiver asks for delivery of cargo without B/L as B/L has been delayed.
 The receiver may claim that the B/L is lost, stolen or delayed. If so, there is a
serious risk of fraud.
 If the Master due to negligence, delivers the goods to a wrong party
without first requiring a original B/L, the carrier will be held wholly liable for
the consequences and will receive no backing from the P&I club or
sympathy from the courts.
 Wrongful delivery may also result in the arrest of the vessel and sale of the
ship to recover the cargo’s full value for the rightful owner.
 It is likely that the B/L is merely delayed. The goods in such a case may be
delivered with the Letter of Indemnity (LOI) backed by a first class Bank’s
guarantee. The LOI must be signed by the consignee and the bank’s
representative. This method of delivery is acceptable to the P&I clubs.
 The LOI is usually sent to the Charterer, who will check that the LOI has
been endorsed by a first class bank and contains adequate financial and
time limits. It must be original and must contain the required information
about the cargo including the authorization of the cargo owner to release
the goods. The Master must obtain express written authority from the
Charterer’s, if the LOI has been received, reviewed and if the goods can be
delivered against it.
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====================================================================
Describe the Documentary system of credit, its advantages and disadvantages to
buyer and seller.
====================================================================
 The documentary credit system is a separate transaction from the sale of

the goods and also separate from the contract of carriage. However, the
system influences the bill of lading, which is used in the contract of carriage.
 In the sale of goods, sellers may hesitate to release their goods before
receiving payment and buyers may prefer to receive the goods first before
making the payment (for example, to inspect that the goods match the
description) or have control over them before making payment (for
example, to sell them to another party) However, matching payment with
physical delivery is not always possible.
 A compromise is agreed whereby payment will be made when documents
representing the goods are handed over. This handing over of the
documents is called "constructive delivery". The documents include
"transport documents" which include B/L’s. The documents transfer title of
the goods to the person who may eventually be the buyer. The holder of the
documents then has some control over them.
 This is where the documentary system of credit comes in. The documentary
credit system is the most common method of payment in International
trade. It gives safe and gives security to both the buyer and the seller.
 The procedure is as follows:
1. A Contract of Sale is signed between the Buyer and the seller.
2. The buyer opens a credit facility with his bank (Issuing Bank) for the sales
price. This information is passed to the seller via the Sellers bank
(advising bank).
3. Once the seller gets the information that the Buyer has deposited
money, the goods are shipped.
4. The Sellers bank (advising bank) releases payment to the seller provided
that all documents are in order. Documents are then passed on to the
Issuing Bank and the Seller’s bank receives money from the Issuing Bank
as per agreed terms and conditions, provided all necessary documents
are in order.
5. The B/L’s are then given to the Buyer against which he can take delivery
of the goods.
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====================================================================
Differentiate between Mate’s receipt and Bill of lading.
====================================================================
MATE’s RECEIPT BILL OF LADING

It is a receipt issued and signed by the B/L is not signed by the Chief Officer.
carrying ship’s Chief Officer for goods
received onboard.
Details of the Mate’s receipt shall be The details on the B/L are as per the
from the ship’s tally and should show Mate’s receipt.
the actual quantity and condition of the
goods received.
Endorsements on the Mate’s receipt The endorsements on the B/L have a
have no significance. very significant value.
It is not a document of title for the The B/L is a document of title. Anyone
goods shipped as it does not contain who owns the B/L is the rightful owner
the contract of carriage. of the cargo.
It does not pass any title by its The B/L can be endorsed or transferred
endorsement or transfer. for change of title.
The shipper usually presents the signed The B/L is usually presented to the
Mate’s receipt to the agent in exchange person who submits the correct signed
for the signed B/L before the ship sails. Mate’s receipt.
====================================================================
Explain the contents and significance of the Mate’s Receipt.
====================================================================
 A mate’s receipt is a receipt given and signed by the Mate, for goods
actually received on board the ship, and is used for all types of cargoes
except liner trades. MR is neither a document of title to the goods shipped
nor does any title transfer by its endorsement or transfer.
 It is vital that the information contained in the MR is correct, as details in the
B/L are entered on the basis of a MR.
 The MR should be prepared from a ship’s tally / measurement and show the
actual quantity and condition of the goods as received. It should not be
copied directly from the shipping note presented by the shipper.
 The MR is the first evidence that the goods are received and statements on
the document describe the quantity of goods, any identifying marks and the
apparent condition.
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 The MR is given to the Port Trust, who hands it over to the shipper or his
representative after all port dues are paid. The shipper or his agent would
then take the mate's receipt to the master or his agent to exchange it for a
bill of lading, which would incorporate any conditions inserted into the
mate's receipt.
 In a C/P, a clause will require the master to sign B/L as presented, but in
accordance with mate’s receipts. If it is impracticable for the master to sign
the B/L, he can authorize the port agent to do so on his behalf, but also in
accordance with the mate's receipts.
 Contents of the Mate’s receipt are as follows:
1. Name of the vessel and Date of issue.
2. Name and address of the Shipper.
3. Name of the Load Port and Discharge Port
4. Description of cargo in terms of name of cargo and quality. (“Received
this day in apparent good order and condition”)
5. Stowage of cargo (Number of holds / tanks)
6. Marks and container numbers, packing and container description.
7. Description of goods in terms of quantity (total number of container or
packages)
8. Gross weight in ‘kgs’ and volume in ‘cubic metres’. (“said to weigh”)
9. Shipping bill number and date.
10. Signature and Name of the Chief Mate.
====================================================================
What precautions are to be taken prior signing the Bill of lading?
====================================================================
The following information must be carefully checked prior signing the B/L:
1. Shipper’s identity – It is the shipper’s responsibility to provide accurate
information about the cargo. If any of this information is untrue and results
in a liability on the carrier, the shipper may be liable to indemnify the carrier.
It is therefore essential that the shipper’s name & identity appears in full on
the B/L.
2. Vessel’s Name –must be accurately shown in the B/L which is for cargo
actually loaded onboard, rather than for a B/L for cargo “Received for
shipment”.
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3. Port of Loading - It is an important indication of the origin of the goods. This

information must be accurately noted.
4. Port of Discharge – It must be reflected on the B/L, unless the C/P provides
for a discharge port to be nominated after a vessel has sailed. The vessel
must proceed directly to the Port of discharge. The master must ensure that
the port of discharge mentioned on the B/L is correct and falls within the C/P
limits.
5. Quantity of Cargo – The B/L must include quantity of cargo with words such
as ‘Shore figures’ and ‘Shipper’s figures’ or ‘weight and quantity unknown’.
This is to protect the carrier from the claims against short landing of cargo.
If the difference between ship and shore figure exceeds the limit set in C/P,
the charterers must be immediately informed.
6. Condition of Goods – The master must ensure that the apparent condition
of goods is described as accurately and clearly as possible. If there is any
deficiency, he must clause the B/L and MR to protect the interests of the
carrier. If he is not allowed to clause the B/L or MR, he can obtain a LOI from
the shipper backed by a bank guarantee and in any way, consult the P&I
correspondent and charterers.
7. Date of loading – This must always be mentioned accurately to reflect the
date of completion of loading of the cargo.
8. Freight – The amount of freight is often not stated on the B/L. Ensure words
such as ‘Freight as arranged’ or ‘Freight as per C/P’ are mentioned. If the B/L
is marked as ‘freight prepaid’, a written approval from the Owner must be
obtained before signing such a B/L.
9. Conditions of Carriage – these are printed at the back of the B/L. If the B/L is
issued as per a Voyage C/P, it must state that the Conditions of carriage are
as per the C/P dated _________.
====================================================================
Write a short note on Letter of Indemnity.
====================================================================
 Letter of Indemnity is a letter or a guarantee that indemnifies the carrier for
some non-contractual risk that he is willing to take. There are various
situations in which a carrier may be offered a LOI. In each case, this offer will
be made in return for the owner taking on some non-contractual risks.
 The most common situation where a LOI is offered is for delivery of cargo
without production of a B/L. The speed of carriage of goods has increased
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so that ships are more liable to arrive at a discharge port before the
necessary paperwork. In such situation, the goods may be delivered on
receipt of a LOI backed by a bank’s guarantee. The LOI must be signed by
the consignee and the representative of the bank, which can meet any
future claims. Express written permission must be obtained from the
charterer / cargo owner before delivering cargo against a LOI. Another
reason for a LOI could be for delivering cargo at a port other than that
shown on the face of the bill of lading.
 When a LOI is offered, it is very important to ensure creditworthiness of the
issuer, authority of person signing the LOI & the prospects of enforceability.
 Another type of LOI is a shipment LOI where LOI is issued by the shipper /
cargo owner and the Master is requested to issue a B/L (clean) that contains
a representation, about matters such as the condition or quantity of the
cargo, which are not correct. The shipper issues a LOI indemnifying the
Master against any claim or discrepancy arising later between the actual
cargo and the representation on the B/L.
====================================================================
Write a short note on ‘Safe berth’ and ‘NAABSA’ clause and ‘indemnity clause’ of
a Charter Party.
====================================================================
 Safe Berth – As per any Charter Party, a charterer is supposed to appoint a
safe port and a safe berth for the vessel. A safe port / berth is defined as any
port or berth where the vessel can safety enter, stay and leave without any
extraordinary efforts and without being exposed to dangers which cannot
be avoided by good navigation or seamanship.
 ‘Safe Berth, always safely afloat’ – Charter Parties sometimes add ‘always
safely afloat’ which means that the vessel will not rest on the ground. In
some ports, the ship is aground when approaching or at berth. In order to
prevent a vessel from being ordered to proceed to a berth where she
cannot load or discharge without touching the ground or a berth which can
only be reached safely after discharging part of the cargo into lighters or
which can only be reached on spring tidal conditions, the so-called "always
safely afloat clause" is inserted in the charter-party.
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 NAABSA - In some ports where the bottom consists of soft mud, it may be
agreed that the vessel may lie safely aground at low tide. This is as per the
C/P clause that says "Not always afloat but safely aground" (NAABSA).
 Indemnity Clause – (sometimes also called "Employment clause") It is

usually found in a time charter party whereby, the Charterers are
responsible for and obliged to indemnify the ship-owner for loss caused by
the ‘employment’ or by ‘Charterers instructions’. In a time charter-party, the
ship-owner puts the vessel at the disposal of the charterer, who can choose
for himself what cargo he shall load and where he shall send the ship,
provided that the limits prescribed by the contract are not exceeded. The
indemnity clause is added so that the Charterer assumes the responsibility
for the consequences due to the choice he has made or due to the
instructions he has given to the Master. The ship owner is indemnified
(protected) against the consequences of complying with Charterers' orders
for employment of the vessel e.g. the consequences of the carriage of a
particular cargo or consequences of compliance with Charterers' request to
deliver cargo without presentation of a bill of lading.
====================================================================
Differentiate between Shippers declaration and cargo manifest.
====================================================================
Cargo Manifest – It is a shipping document used by customs personnel reviewing
a particular transport vehicle's intended trip that summarizes all bills of lading that
have been issued by the carrier or its representative for that particular shipment.
For example, a cargo manifest might be used for shipments made by sea, air or
land, and will generally show the shipment's consigner and consignee, as well as
listing product details such as number, value, origin and destination.
Shipper’s Declaration - It is the form used to describe hazardous materials in a
container or being shipped on a vessel. The IMO shipper’s declaration form is
mandatory for shipments of dangerous goods by sea as advised by the IMO. The
shipper must certify that the contents are fully and accurately described by proper
shipping name, are classified, packed, marked and labelled, and are in all respects
in the proper condition for transport by sea, according to the applicable
regulations. These documents contain description of cargo, including above
declaration made by the shipper of the goods. It is also required for booking of
the sea container.
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====================================================================
Is contract of Affreightment a contract of bailment? Discuss in relation with the
conflicting interest of shipper and carrier
====================================================================
Contract of Affreightment is a long term contract, where the cargo is central to

the contract and not the vessel. As the cargo quantity is large, a ship owner
contracts with a cargo owner to carry negotiated quantity of cargo regularly
between named ports, on agreed voyage-chartering terms, over several voyages,
using several vessels.
Contract of Bailment is a Contract where one party delivers goods to the other
upon return basis to fulfill a specific purpose. It includes two parties namely; bailer
and bailee. The person who is delivering the goods is called bailer and the person
to whom goods are delivered, is called bailee. For example, A has handed over his
fan to B for the purpose of repairs. It is bailment contract. A is bailer and B is
bailee.
Contract of Affreightment is not a Contract of Bailment due to the following

differences:
Contract of Affreightment Contract of Bailment

Here parties are called cargo owner Here parties are called bailer and bailee.
(shipper) and ship owner (carrier).
Here goods are delivered, with no Here goods must be returned after its
requirement of goods to be returned purpose is accomplished
back to the Shipper.
Here, the possession is changed from Here, though procession goes to bailee,
the shipper to the carrier & thereafter, title rests with bailer.
title will get shifted from seller to buyer.
Here, it is always a two directional Bailment may be with one directional

consideration. The shipper is benefitted consideration. For example, A borrows
as his goods are being shipped and the his friend B’s scooter for a day. Only the
carrier is benefitted as he is getting paid bailee is benefited.
f0r the shipment.
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====================================================================
Distinguish between a voyage charter and time charter.
====================================================================
VOYAGE CHARTER TIME CHARTER

The ship is chartered for a particular The ship is chartered for a period of
voyage between named ports. time. The trading areas may be
restricted but the places of delivery and
re-delivery are mentioned.
The charter hires the cargo carrying The charterer actually hires the ship.
capacity of the ship.
The ship owner pays for the running as The ship owner pays for the running
well as the voyage costs unless expenses whereas the charterer pays
otherwise provided in the C/P. for the voyage costs.
The agent is appointed by the Owner. The agent is appointed by the
Charterer.
Bunkers are provided by the Owner. Bunkers are provided by the Charterer.
The ship owner appoints the master The owner appoints the master and the
and the crew. crew, but the charterer has the right to
change the master or the crew.
The Master signs the B/L as a The master signs the B/L as a
representative of the ship-owner. representative of the charterer and the
owners are indemnified to this effect by
the charterers.
Loading and discharging costs may be Loading and discharging costs are
borne by the Owner or the charterer. borne by the charterer.
The Owner is responsible for providing The charterer is responsible for
the ship in a fit state for loading – ready commercial operations. However, there
equipments, clean holds, certificates as may be a clause whereby the charterer
required, etc. pays the Owner an agreed sum when
ship’s crew carry out the cleaning.
Laytime calculations are done to No laytime calculations are required.
determine demurrage or dispatch
payable.
Freight is paid at the destination, The hire money is payable in advance.
though advance freight may be paid.
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In case the charterer short loads the As vessel is time chartered, there is no
ship, he has to pay dead freight. such provision.
There is no provision of off-hire once Provisions for off-hire are made in case
the vessel has been chartered. of breakdown of vessel’s equipments.
If ship carries out salvage, charterer has
If ship carries out salvage, owner and
no right on the salvage reward earned. charterer have equal right on the
salvage reward after deduction of the
share of the Master and crew.
No survey for damage to vessels is done A survey is done at the time of delivery
at the beginning of the C/P. and re-delivery.
====================================================================
Distinguish between a Time charter and Demise charter.
====================================================================
TIME CHARTER DEMISE CHARTER

Owner appoints Master and crew. The Charterer appoints Master and the
charterer has the right to change them. crew.
Owner responsible for the running Charterer is responsible for all the
expenses of the vessel. expenses.
Owner pays the insurance premiums. Charterer pays all insurance premiums.
The charter may pay for additional
insurance if required.
Owner may stipulate restrictions on the No such restrictions are imposed by the
trading areas. Owner.
Damage to goods may have to be made Damage to goods are made good by the
good by Owner in certain cases. charterer.
The ship owner has a lien on the cargo The ship owner has no lien on the cargo
for his hire money. for his charter money.
Any salvage money earned is shared by Any salvage money earned belongs to
owner and charterer after Master and the charterer.
crew get their share.
Owner is liable for damage to the Charterer is liable for damage to the
environment. environment.
Owner can be liable to the shipper. Owner is not liable to the shipper.
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====================================================================
(a) Explain the obligations of the carrier in respect of dangerous cargo as per
Hague rules.
(b) Explain the immunities granted to the carrier in respect of dangerous cargo
as per Hague rules.
====================================================================
(A) Obligations of the carrier w.r.t. carriage of dangerous cargo:

1. To make the ship seaworthy, also ensuring that the ship is adequately
certified for the carriage of such dangerous cargo.
2. To ensure that the ship is properly manned, equipped and supplied for
the particular voyage she has to make, also keeping in mind the
additional requirements imposed due to carriage of dangerous cargo.
3. To make the holds, refrigerating and cool chambers, and all other parts
of the ship in which goods are carried, fit and safe for their reception,
carriage and preservation.
4. To properly and carefully load, handle, stow, carry, keep, care for, and
discharge the goods carried.
(B) Immunities granted to the carrier w.r.t. dangerous cargo:
1. The Hague and Hague-Visby Rules do not define "dangerous goods" but
do make special provisions where goods of an inflammable, explosive or
dangerous nature are carried.
2. If the dangerous goods have been loaded without the consent or
knowledge of the carrier, master or agent of the carrier, then the goods
may, at any time, be landed, destroyed or neutralized by the carrier
without compensation to be paid to the shipper; and the shipper is liable
for all damages and expenses, directly or indirectly arising out of or
resulting from such shipment.
3. If any such goods shipped with such knowledge and consent shall
become a danger to the ship or cargo, they may in like manner be landed
at any place, or destroyed or neutralized by the carrier without liability
on the part of the carrier except to general average, if any.
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MARITIME LAW MISC 2
====================================================================
Distinguish between Hague and Hague-Visby Rules.
====================================================================
HAGUE RULES HAGUE VISBY RULES

It was formally called ‘International These are slightly updated version of
Convention for unification of B/L’, 1924.the Hague Rules set out in 1968.
It applies when a B/L is issued in a It applies when a B/L is issued in a
Contracting State. Contracting State or the goods are
loaded in a Contracting State or when
both parties agree that these rules will
apply.
Limitation of liability is 100 sterling Limitation of liability is 666.67 SDR per
pounds per package or unit. package or unit or 2 SDR per kg,
whichever is more.
There is no inference of the extension The servants and agents are entitled to
of the immunities enjoyed by the carrier the same defense as the carrier.
to the servants & agents of the Owner.
====================================================================
Discuss deviation under Charter Party, Marine Insurance and COGSA.
====================================================================
Under a C/P, it is a ‘deviation clause’ that requires a ship not to deviate from the
contract route or the usual route except as provided as provided in the contract or
for some exceptional reasons. For a multiple port discharge, where there is no
special order mentioned, the ship must go to them in a strict geographical order
and failure to do so amounts to deviation. Further, if goods are not carried in a
manner which is customary to the carriage of such goods, it amounts to deviation.
Deviation to save life or property is not treated as deviation. Force majeure
(unforeseeable circumstances that prevent someone from fulfilling a contract) is
not considered deviation.
Under Marine Insurance, the deviation clause is the same as that for charter party.
If a vessel deviates without a lawful excuse, the underwriter is discharged from his
liability, starting from the time of deviation, regardless if the vessel has regained
her route after which there is loss or damage occurs.
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MARITIME LAW MISC 2
Under COGSA, the deviation clause states that the vessel cannot deviate from the
intended route unless such deviation is made for saving life or property.
====================================================================
Discuss the Customs House facilities which have to be observed before a vessel
can:
(A) Discharge import cargo
(B) Load export cargo
(C) Depart a port
====================================================================
A) Before discharging Import Cargo -
 Master of a ship carrying import cargo, within 24 hours of arrival must
deliver the Import General Manifest to the designated Customs officer. The
master must inform the customs by providing a certificate stating who is his
Agent responsible to transact all business on behalf of the Master in that
port.
 The Agent files a general declaration stating details of the vessel, date of
arrival, Master’s name, previous port and next port and last ports of call.
The following documents are filed along with the general declaration:
1. Port Clearance of Last Port of Call.
2. Cargo declaration
3. Stores List
4. Crew List and Passenger List
5. Crew effects declaration
6. Maritime declaration of health.
 If all documents are in order, the vessel is granted ‘Entry inwards’ by the
Customs. The master may also be required to provide the following
documents:
1. Currency declaration
2. Arms and ammunition list.
3. Deck cargo declaration
4. Certificate of dangerous drugs onboard
 The master is then required to furnish a certificate stating that the ship is
ready to discharge. Import cargo is discharged and stored only at approved
places under the supervision of the customs.
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MARITIME LAW MISC 2
B) Before loading import cargo -

 Before loading export cargo, the Master must obtain the ‘Entry Outwards’
clearance, after the required duties have been paid and the goods have
been cleared by the customs.
C) Before departing a Port -

 A port clearance is required before a vessel can depart a port. The
documents that are generally required for obtaining a Port Clearance are:
1. Cargo declaration
2. Declaration of ship stores
3. Crew / Passenger list
 Additionally, the Customs officer may also sight the Certificate of Registry,
Load line Certificate and Safety certificates.
===================================================================
Define Pilgrim Ship and Notice of Sailing required under MS Act, 1958.
====================================================================
 ‘Pilgrim” means a person making a pilgrimage and, in the case of a
passenger on board a pilgrim ship, includes every person accompanying or
travelling with the person making the pilgrimage.
 “Pilgrimage” means pilgrimage to any holy place in the Hedjaz or to any
other place declared by the Central Government to be a place of pilgrimage
by notification in Official Gazette.
 “Pilgrim ship” means a special trade passenger ship which makes a voyage
to or from the Hedjaz, or, as the case may be, to or from any other place of
pilgrimage as declared by the Central Government, during the season of the
pilgrimage and which carries pilgrims in a proportion of not less than one
pilgrim for every one hundred tons of the gross tonnage of the ship.
Notice of Sailing –
 The master, owner or agent of a special trade passenger ship or a pilgrim
ship so departing or proceeding, shall give notice to an officer appointed in
this behalf by the Central Government. This notice must state
1. That the ship is to carry special trade passengers or pilgrims
2. Place of her destination and of the proposed time of sailing.
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MARITIME LAW MISC 2
 The notice of sailing shall be given―

1. In the case of a special trade passenger ship, not less than 24 hours
before the time of sailing;
2. In the case of a pilgrim ship at the original port of departure, if in India,
and in any other case at the first port at which she touches in India, not
less than three days, and at all other ports not less than 24 hours, before
the time of sailing.
 After receiving the notice, the officer appointed or a person authorised by
him, shall be at liberty at all times to enter on the ship and inspect her and
her fittings and the provisions and stores on board.
====================================================================
What is P&I? How does it protect the interest of the seafarers? Explain the
principles on which the P&I club operate.
====================================================================
 P & I stands for protection and indemnity. The P & I club is a non-
governmental, non-profitable, mutual or cooperative association that
protects the interests of the shipowners, ship-operators and charterers of
the ship against third party claims in the form of insurance. It also supports
seafarers’ safety and well being by providing the required necessities.
 The three essential elements of shipping industry are the ship, the seafarers
and the cargo. The one part which is directly connected to all the three is
the “Risk” involved in transporting the cargo on a ship by seafarers.
Because of the risk to lives of the seafarers, the cargo and the ship, P & I
insurance is a significant aspect of sailing.
 Human life can be at risk due to illness, injury by accident or even death by
hazards. P&I club provides compensation in the form of insurance cover for
the seafarers covering the risks due to illness, injury or death. This not only
helps him in the difficult time but also to the seafarer’s family in case of
death of their earning member.
 P&I clubs which works on the principle of “mutual sharing or pooling of the
risk”. Mutual sharing of the risk means that all members of the club share
each other’s risks. ‘Pooling’ means grouping together for the purposes of
maximizing advantage or minimizing risk to the users. (such as Car Pooling)
 For example, 10 shipowners form a club for sharing each other’s risk. All
these 10 shipowners have one ship each which is of the same type, size and
Page 231 of 233

MARITIME LAW MISC 2
value. At the end of the year, one ship had third party claim of USD 20000 to
pay, out of which USD 10000 is deductibles which will be paid by the
member himself. The remaining USD 10000 will be shared by all the 10
shipowners equally.
--------------XXXXXX---------------
Page 232 of 233

Maritime Legislation Detailed Notes

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Maritime Legislation Detailed Notes

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MARITIME LEGISLATION INDEX

Sr. No CONTENTS Page No.

COMPILED BY: ROHAN D’SOUZA (i)

B. UNCLOS II –The second Conference of the UN on the Law of the Sea,

The provisions are discussed in details below.

COMPILED BY: ROHAN D’SOUZA 1

 UNCLOS decides the Coastal State’s jurisdiction in the waters mentioned

BASELINE AND INTERNAL WATERS

 Normal baseline - Except where otherwise provided in the Convention, the

 Straight Baseline - In localities where the coastline is deeply indented and

 Internal Waters – It is the waters on the landward side of the baseline. In

COMPILED BY: ROHAN D’SOUZA 2

TERRITORIAL SEA AND CONTIGUOUS ZONE

EXCLUSIVE ECONOMIC ZONE

COMPILED BY: ROHAN D’SOUZA 3

COMPILED BY: ROHAN D’SOUZA 4

RIGHT TO INNOCENT PASSAGE:

COMPILED BY: ROHAN D’SOUZA 5

4. any act of propaganda aimed at affecting the defense or security of the

Laws and regulations of the coastal State relating to innocent passage

COMPILED BY: ROHAN D’SOUZA 6

Duties of the Coastal State –

Rights of the Coastal State –

INTERNATIONAL STRAITS & RIGHT OF TRANSIT PASSAGE

COMPILED BY: ROHAN D’SOUZA 7

 The requirement of continuous and expeditious transit does not exclude

Duties of States bordering straits:

HIGH SEAS & FREEDOM OF THE HIGH SEAS

COMPILED BY: ROHAN D’SOUZA 8

RIGHT TO HOT PURSUIT

COMPILED BY: ROHAN D’SOUZA 9

RIGHTS AND DUTIES OF COASTAL STATE OVER HER TERRITORIAL WATERS

COMPILED BY: ROHAN D’SOUZA 10

RIGHTS AND DUTIES OF COASTAL STATE OVER HER CONTIGUOUS ZONE:

RIGHTS AND DUTIES OF COASTAL STATE OVER HER EEZ:

COMPILED BY: ROHAN D’SOUZA 11

RIGHTS OF THE COASTAL STATE OVER THE CONTINENTAL SHELF

PIRACY UNDER UNCLOS:

COMPILED BY: ROHAN D’SOUZA 12

 A seizure on account of piracy may be carried out only by warships or

SCOPE AND OBJECTIVES OF UNCLOS:

 UNCLOS was established to provide an international agreement regulating

COMPILED BY: ROHAN D’SOUZA 13

INTERNATIONAL TONNAGE CONVENTION (1969)

 It was adopted in 1969 and entered into force in 1982.

GROSS TONNAGE AND NET TONNAGE

COMPILED BY: ROHAN D’SOUZA 1

Definition of terms used in the Annexes

COMPILED BY: ROHAN D’SOUZA 2

 A space shall be considered an ‘Excluded space’ in the following cases:

CALCULATION OF GROSS TONNAGE AND NET TONNAGE:

COMPILED BY: ROHAN D’SOUZA 3

CONTENTS OF THE INTERNATIONAL TONNAGE CERTIFICATE (1969)

COMPILED BY: ROHAN D’SOUZA 4

 It was adopted in 1966 and entered into force in 1968.

PURPOSE OF THE CONVENTION:

COMPILED BY: ROHAN D’SOUZA 1

COMPILED BY: ROHAN D’SOUZA 2

SALIENT FEATURES OF THE LOAD LINE CONVENTION

INITIAL, RENEWAL AND ANNUAL SURVEYS

COMPILED BY: ROHAN D’SOUZA 3

2. A renewal survey at intervals specified by the Administration but not

LOADLINE CERTIFICATE 1966