ASM Masters India

DGS:ASM PAPERS DATE-JULY’16

Q.1.

1B) "World-scale" refers to the "New Worldwide Tanker Nominal Freight Scale,"
an index devised to allow comparison of freight rates for various size tanker
routes. World-scale is a standardized rate system in the tanker industry. The
World-scale concept works in two parts..

WORLD-SCALE FLAT RATE

The first is the "flat rate" – which is a rate published by World-scale – and
represents a base rate for a voyage from point A to point B that allows for
comparable returns for similar ship sizes performing near-similar voyages. World-
scale publishes these flat rates for thousands of possible voyages. The flat rate,
for the most part, only changes once per year.

WORLD-SCALE MULTIPLIER
But since the tanker market moves up and down on a daily basis – the flat
rate, on its own, won‟t allow Owners and Charterers to agree on a rate that
reflects the state of current market. This is where the World-scale “multiplier”
comes in. When you see a rate quoted in a market report, let‟s say, WS 175 –
this means the rate per ton that the Owner will get paid is 175% of the base rate
– or, 1.75 times the flat rate. When the market gets hot, the World-scale
multiplier increases. When the market goes cold, the multiplier decreases. All the
while the flat rate never moves.

Standard Vessel
Ø Total capacity75,000 MT
Ø Average service speed14.5 knots
Ø In-transit bunker consumption55 MT/Day
Ø Other bunker consumption100 MT/Voyage
Ø Bunker grade380 cst
Ø Fixed hire element US $12,000/Day
Ø Port time 4 days 1:1

ADVANTAGES
1) Simplified negotiations for tanker charterers.
2) A simple reference covers all possible voyages within the agreed trading
areas.
3) Facilitate ready and quick comparison of fixture.
 ASM Masters India

DISADVANTAGES
1) World Scale is not a substitute for voyage estimating.
2) It does not allow for income or freight tax etc.
3) World Scale is only a method of comparison and tool for negotiation, not
a tool for risk management or business forecasting.

2 A) & B)
In every case of collision between two vessels, it is the duty of the master if and
so far as he can do without danger to his own vessel, crew or passengers:
Ø To render to the other vessel and its compliment such assistance as may be
practical and necessary to save them from danger caused by the collision,
and to stay by the other vessel until he has ascertained that she has no
need of further assistance.

Ø To give the master of the other vessel the name of his own vessel and of
the port to which she belongs, and the names of the ports from which she
has come and to which she is bound.

Ø To make an official log book entry, which is to be signed additionally by the

Mate and one member of the crew.

Ø The Master or the owner shall, within 24 hours after happening of the
incident, transmit to the central government or the nearest principal officer
a report of the accident and of the probable causes thereof stating the
name of the ship, her official number, her port of registry and the place
where she is. If the master fails without reasonable cause to comply with
the above he is guilty of an offence and liable to conviction on indictment to
a fine and imprisonment. Further, in the case of failure to exchange names,
ports etc liable on conviction on indictment to a fine and on summery
conviction to a fine not exceeding the statutory maximum, and in either
case if he is a certified officer, and inquiry into his conduct may be held, and
his certificate cancelled or suspended.
 ASM Masters India

3A) PRINCIPLE OF MARINE INSURANCE :-

Marine insurance is the oldest type of insurance. Out of it grew non-marine

insurance and reinsurance. It traditionally formed the majority of business
underwritten at Lloyd's. Nowadays, Marine insurance is often grouped with
Aviation and Transit (i.e. cargo) risks, and in this form is known by the acronym
'MAT'. Cover may be on either a 'voyage' or 'time' basis. The 'voyage' basis
covers transit between the ports set out in the policy; the 'time' basis covers a
period of time, typically one year, and is more common. A contract of marine
insurance is therefore an agreement whereby the insurer undertakes to indemnify
the assured, in the manner and to the extent agreed, against losses incidental to
marine adventure. There is a marine adventure when any insurable property is
exposed to maritime perils i.e. perils consequent to navigation of the sea. The
term 'perils of the sea' refers only to accidents or causalities of the sea, and does
not include the ordinary action of the winds and waves. Besides, maritime perils
include, fire, war perils, pirates, seizures and jettison, etc.

There are four types of marine insurance:

1. Hull Insurance covers the insurance of the vessel and its equipment i.e.
furniture and fittings, machinery, tools, fuel, etc. It is affected generally by the
owner of the ship.
2. Cargo Insurance includes the cargo or goods contained in the ship and
the personal belongings of the crew and passengers.
3. Freight Insurance provides protection against the loss of freight. In many
cases, the owner of goods is bound to pay freight, under the terms of the
contract, only when the goods are safely delivered at the port of destination. If
the ship is lost on the way or the cargo is damaged or stolen, the shipping
company loses the freight. Freight insurance is taken to guard against such risk.
4. Liability Insurance is one in which the insurer undertakes to indemnify
against the loss which the insured may suffer on account of liability to a third
party caused by collision of the ship and other similar hazards. In a contract of
marine insurance, the insured must have insurable interest in the subject matter
insured at the time of the loss. Insurable interest is not required to be present at
the time of taking the policy. Under marine insurance, the following persons are
deemed to have insurable interest:

Ø The owner of the ship has an insurable interest in the ship.

Ø The owner of the cargo has insurable interest in the cargo.
Ø A creditor who has advanced money on the security of the ship or cargo has
insurable interest to the extent of his loan.
 ASM Masters India

Ø The master and crew of the ship have insurable interest in respect of their
wages.
Ø If the subject matter of insurance is mortgaged, the mortgagor has
insurable interest in the full value thereof, and the mortgagee has insurable
interest in respect of any sum due to him.
Ø A trustee holding any property in trust has insurable interest in such
property.
Ø In case of advance freight the person advancing the freight has an insurable
interest in so far as such freight is repayable in case of loss.
Ø The insured has an insurable interest in the charges of any insurance policy
which he may take.

(B) SUE AND LABOUR CLAUSE (EXPLANATION OF THE DUTY OF

ASSURED)
By the terms of this clause, when the subject matter insured is likely to be lost or
damaged, the assured is expected to act as if he was uninsured and take
measures, and if necessary spend money, to try to avert or minimize any loss
which might be recoverable under the policy.
Ø In case of any loss or misfortune it is the duty of the Assured and their
servants and agents to take such measures as may be reasonable for the
purpose of averting or minimizing a loss which would be recoverable under
this insurance.
Ø Subject to the provisions below and to Deductible Clause the Underwriters
will contribute to charges properly and reasonably incurred by the Assured
their servants or agents for such measures. General average, salvage
charges and collision defence or attack costs are not recoverable.
Ø Measures taken by the Assured or the Underwriters with the object of
saving, protecting or recovering the subject-matter insured shall not be
considered as a waiver or acceptance of abandonment or otherwise
prejudice the rights of either party.
Ø When expenses are incurred pursuant to this Clause 13 the liability under
this insurance shall not exceed the proportion of such expenses that the
amount insured here under bears to the value of the Vessel as stated
herein, or to the sound value of the vessel at the time of the occurrence
giving rise to the expenditure if the sound value exceeds that value. Where
the Underwriters have admitted a claim for total loss and property insured
by this insurance is saved, the foregoing provisions shall not apply unless
the expenses of suing and labouring exceed the value of such property
saved and then shall apply only to the amount of the expenses which is in
excess of such value.
Ø When a claim for total loss of the Vessel is admitted under this insurance
and expenses. Have been reasonably incurred in saving or attempting to
save the Vessel and other property and there are no proceeds, or the
expenses exceed the proceeds, then this insurance shall bear its pro rata
share of such proportion of the expenses, or of the expenses in excess of
the proceeds, as the case may be, as may reasonably be regarded as
having been incurred in respect of the Vessel; but if the Vessel be insured
 ASM Masters India
for less than its sound value at the time of the occurrence giving rise to the
expenditure, the amount recoverable under this clause shall be reduced in
proportion to the under-insurance.

Ø The sum recoverable under this Clause 13 shall be In addition to the loss
otherwise recoverable under this insurance but shall in no circumstances
exceed the amount insured under this insurance in respect of the vessel.

INSTITUTE WARRANTIES
A set of express warranties for use in policies covering ships. Mainly these are
navigational warranties restricting the ship's navigational areas. Breach of the
warranties is held covered subject to payment of an additional premium and
change of policy conditions, if required by the underwriters. Institute Warranties
(sometimes called the Institute Trading Warranties) are attached to a Hull and
Machinery insurance policy, the vessel is not permitted to trade in any of the high
ice-risk areas listed, i.e. beyond Institute Warranty Limits. Any venture into an
excluded area will be a breach of warranty which should be immediately notified
to the insurer (via the owner) so that amended terms may be agreed.

4A),B)&C)

Ø A service implemented by a competent authority, VTS is designed to

improve the safety and efficiency of navigation, safety of life at sea and the
protection of the marine environment. VTS is governed by SOLAS Chapter V
Regulation 12 together with the Guidelines for Vessel Traffic Services [IMO
Resolution A.857(20)] adopted by the International on 27 November 1997.
Ø The VTS traffic image is compiled and collected by means of advanced
sensors such as radar, AIS, direction finding, CCTV and VHF or other co-
operative systems and services. A modern VTS integrates all of the
information into a single operator working environment for ease of use and
in order to allow for effective traffic organization and communication.
Ø In areas that are covered with VTS there are certain procedures for vessels
to follow such as Area Procedures, Sector Areas, Arrival and Departure
Reports, Approach Procedures, Pilotage Procedures and many more. Each of
the above procedures are named with respect to the area that they serve.
For example in Norway, Oslofjord the Area Procedures are called "OSL1"
and "OSL3" and in Netherlands, Rotterdam, Maas Approach and Maas
Entrance are called "RTM2" and "RTM6" respectively.
 ASM Masters India

Ø A VTS should always have a comprehensive traffic image, which means that
all factors influencing the traffic as well as information about all
participating vessels and their intentions should be readily available. By
means of the traffic image, situations that are developing can be evaluated
and responded upon. The data evaluation depends to a great extent on the
quality of the data that is collected and the ability of the operator to
combine this with an actual or developing situation. The data dissemination
process exists of conveying the conclusions of the operator

A) INFORMATION SERVICE

An information service is a service to ensure that essential information

becomes available in time for on-board navigational decision-making.The
information service is provided by broadcasting information at fixed times and
intervals or when deemed necessary by the VTS or at the request of a vessel, and
may include for example reports on the position, identity and intentions of other
traffic; waterway conditions; weather; hazards; or any other factors that may
influence the vessel's transit.

B) TRAFFIC ORGANIZATION SERVICE

A traffic organization service is a service to prevent the development of

dangerous maritime traffic situations and to provide for the safe and efficient
movement of vessel traffic within the VTS area. The traffic organization service
concerns the operational management of traffic and the forward planning of
vessel movements to prevent congestion and dangerous situations, and is
particularly relevant in times of high traffic density or when the movement of
special transports may affect the flow of other traffic. The service may also
include establishing and operating a system of traffic clearances or VTS sailing
plans or both in relation to priority of movements, allocation of space, mandatory
reporting of movements in the VTS area, routes to be followed, speed limits to be
observed or other appropriate measures which are considered necessary by the
VTS authority.

C) NAVIGATIONAL ASSISTANCE SERVICE

A navigational assistance service is a service to assist on-board navigational

decision-making and to monitor its effects. The navigational assistance service is
especially important in difficult navigational or meteorological circumstances or in
case of defects or deficiencies. This service is normally rendered at the request of
a vessel or by the VTS when deemed necessary.
5 A)
ON-SCENE CO-ORDINATOR
When two or more SAR facilities are working together on the same mission, one
person on scene may be needed to co-ordinate the activities of all participating
facilities. Rendering assistance - Vessels Assisting Methods of Distress Notification
Ø An alarm signal or a distress call from another vessel at sea, either directly
or by relay.
Ø A distress call or message from aircraft. This usually occurs by relay from a
CRS
Ø Alert sent from a vessel's alerting equipment and then relayed shore-to-ship
Ø Visual signals or sound signals from a nearby distressed craft

IMMEDIATE ACTION
The following immediate action should be taken by any ship receiving a
distress message:
Ø Acknowledge receipt of message.
Ø Gather the following information from the craft in distress if possible:
ü Position of distressed craft
ü Distressed craft's identity, call sign, and name
ü Number of POB
ü Nature of the distress or casualty
ü Type of assistance required
ü Number of victims, if any
ü Distressed craft's course and speed
ü Type of craft, and cargo carried
ü Any other pertinent information that might facilitate the rescue

Ø Vessels should maintain communications with the distressed craft while

attempting to advise the SAR system of the situation. Proceeding to the
Area of Distress.
Ø Establish a traffic co-ordinating system among vessels proceeding to the
same area of distress.
Ø Maintain active radar plots on vessels in the general vicinity.
Ø Estimate the ETA to the distress site of other assisting vessels
Ø Assess the distress situation to prepare for operations on-scene.

ON-BOARD PREPARATION
A vessel en route to assist a distressed craft should have the following
equipment ready for possible use:
Life-saving and rescue equipment Lifeboat, inflatable life-raft, lifejackets,
survival suits for the crew, lifebuoys, breeches, buoys, portable VHF radios for
communication with the ship and boats deployed, line throwing apparatus,
buoyant lifelines, hauling lines, non-sparking boat hooks or grappling hooks,
hatchets, rescue baskets, pilot ladders, scrambling nets, copies of the
International Code of Signals, radio equipment operating on MF/HF and/or
VHF/UHF and capable of communicating with the SMC and rescue facilities, and
with a facility for direction finding(DF), supplies and survival equipment as
required, fire-fighting equipment, portable ejector pumps, binoculars, cameras,
bailers and oars. Signalling equipment Signalling lamps, searchlights, torches,
flare pistol with colour-coded signal flares, buoyant VHF/UHF marker beacons,
floating lights, smoke generators, flame and smoke floats, dyemarkers, loud
hailers.

PREPARATIONS FOR MEDICAL ASSISTANCE, INCLUDING:

Stretchers, blankets, medical supplies and medicines, clothing, food, shelter

OSC DUTIES
The duties are:
Ø Co-ordinate operations of all SAR facilities on-scene.
Ø Receive the search action plan or rescue plan from the SMC or plan the
search or rescue operation, if no plan is otherwise available.
Ø Modify the search action or rescue action plan as the situation on-scene
dictates,
Ø Keeping the SMC advised (do in consultation with the SMC when
practicable).
Ø Co-ordinate on-scene communications.
Ø Monitor the performance of other participating facilities.
Ø Ensure operations are conducted safely, paying particular attention to
maintaining safe separations among all facilities both surface and air.
Ø Make periodic situation reports to the SMC.
Ø The report should include but not be limited to:
ü Weather and sea conditions
ü The results of search to date
ü Any actions taken
ü Any future plans or recommendations
Ø Maintain a detailed record of the operation:
Ø On-scene arrival and departure times of SAR facilities, other vessels and
aircraft engaged in the operation.
Ø Record of areas searched.
Ø Record of track spacing used.
Ø Actions taken based on sightings and leads reported.
Ø Record of results obtained.
Ø Advice the SMC to release facilities no longer required.
Ø Report the number and names of survivors to the SMC.
Ø Provide the SMC with the names and designations of facilities with survivors
aboard.
Ø Report which survivors are in each facility.
Ø Request additional SMC assistance when necessary (for example, medical
evacuation of seriously injured survivors).
INSTRUCTIONS AND INFORMATION TO GIVE TO OTHER VESSELS
Datum - It will be necessary to establish a datum, or geographic reference, for
the area to be searched.

The following factors should be considered:

Ø Reported position and time of the SAR incident
Ø Any supplementary information such as DF bearings or sightings
Ø Time interval between the incident and the arrival of SAR facilities
Ø Estimated surface movements of the distressed craft or survival craft,
depending on drift.
Ø The datum position for the search is found as follows:
Ø Drift has two components: leeway and total water current.
Ø Leeway direction is downwind.
Ø Leeway speed depends on wind speed the observed wind speed when
approaching the scene may be used for estimating leeway speed of life-rafts
by using the graph following this discussion (Persons in the water (PIW)
have no leeway while life-raft stability and speed vary with or without
drogue or ballast).
Ø Total water current may be estimated by computing set and drift when
approaching the scene.
Ø Drift direction and speed is the vector sum of leeway and total
water current.
Ø Drift distance is drift speed multiplied by the time interval between the
incident time, or time of the last computed datum, and the commence
search time.
Ø Datum position is found by moving from the incident position, or last
computed datum position, the drift distance in the drift direction and
plotting the resulting position on a suitable chart.

THE METHOD TO PLOT THE SEARCH AREA

Ø Draw a circle centred on datum with radius R.
Ø Using tangents to the circle form a square.
Ø If several facilities will be searching at the same time, divide the square into
sub-areas of the appropriate size and assign search facilities accordingly.

SEARCH AREA DETERMINATION

Ø When a vessel in distress sends a distress signal and requires immediate
assistance, then loses radio communication, how do you find them? The
vessel, or if the vessel sinks, the survivors in a survival craft or in the
water, may start to drift under the same weather/oceanic conditions as at
the time of the distress call. To where are they drifting?

Different objects have different drift characteristics depending on the

following:
Ø Shape of the object;
Ø Size of the object;
Ø Submerged portion of the object;
Ø Exposed portion of the object above the waterline.
In maritime drift, there are two important forces which cause the object to drift.
One is the Total Water Current (TWC) which includes Sea/Ocean Current (SC),
Wind Current (WC),Tidal Stream Current and other current, if any. It should be
noted that:
1) Tidal stream current generally exists within 3 nautical miles of the shore
line, particularly within bays and sounds;
2) Wind current exists when the distance is greater than 20 nautical miles
from the shore with water depths greater than 30 meters;
3) Sea current exists when the distance is greater than 25 nautical miles
from the shore with water depths greater than 100 meters. If the above criteria
for each wind current and sea current are not met respectively, the depth of
water is important and prevails. The other is the Leeway (LW) which is caused by
the wind blowing over the area for a long period of time, say in open sea, from 4
to 48 hours, creating the movement of surface water. Leeway is generally in a
downwind direction, but as both the shape and the exposed portion of the object
are factors which contribute to the direction and rate of drift, LW will not always
exactly follow the downwind direction. The object will tend to drift to the left side
or to the right side of downwind. In model calculations, we call this the angle of
divergence. Therefore, for an object drifting in the open sea, there will be two
datum points known as „datum left‟ and „datum right‟ respectively for the
establishment of the search area.

Generally, there are three uncertainties causing inaccuracies of calculated search

areas. The accuracy of search areas depends on many factors, such as accuracy
of the reported incident position, time of incident position, and direction of drift.
The most important is the actual observation of wind and current on scene, and
the On Scene Co-coordinator (OSC) should be capable to report wind and current
with drift direction to SMC at regular intervals in the Situation Report (SITREP).
However, from the Master‟s point of view, he can take the simplified technique to
calculate the datum and start searching, if there is no Search Action Plan given
from MRCC. The Master considers the Total Water Current and Leeway causing
the drift of object to determine the datum, and with an assumed radius of 10
nautical miles depicting the search area.
In planning the search by the shipmasters the datum for the search in principle is
found as follows:
(1) Reported position and time of the incident,
(2) Time interval between the incident and the arrival of the search vessel,
(3) Calculate the total water current and leeway.

Ans:- 5B)

Piracy extends to the operation of a pirate ship which is a ship used by

persons for the purposes of committing pirate acts. This general definition of
piracy is consistent with the common expression that a pirate is an enemy of all
mankind. However, by limiting the definition to acts committed for „private ends‟
any actions taken for political motives are excluded. Thus the UNCLOS makes it
clear that high seas piracy is illegal and that all states have a right to seize and
prosecute those responsible for pirate acts on the high seas. A crucial element of
the UNCLOS definition of piracy is that piracy is an act which occurs on the high
seas, which will also include the adjoining exclusive economic zone which extends
from the edge of the territorial sea to 200 nautical miles. Under the UNCLOS, an
act of piracy can therefore only occur beyond the limits of the territorial sea,
which in most cases extends 12nautical miles from the coastline. The legal
definition of piracy as an international crime leads to one significant exception to
general maritime law according to which, in international waters, the Flag State is
the only authority exercising enforcement powers in respect of vessels registered
in its shipping register and, secondly, obliges all States to intervene and to
cooperate to the fullest possible extent in the repression of piracy.

This definition also lays down many requirements:

Ø The capture of a pirate ship must be made on the High Seas (while on the
territorial sea, the coastal State must take all necessary measures),
Ø The crime may be characterized by an act of violence, kidnapping or
robbery, or voluntary and conscious participation or instigation and
facilitation for such action,
Ø The illegal act must be committed for private ends.
Ø The crime must be committed by a ship against another ship (or aircraft),
or against persons and property.
Therefore, acts of hijacking or other unlawful acts committed by persons on
board of the same vessel are excluded (the “Two-Ship” requirement).At the same
time, the 1988 Rome Protocol for the Suppression of Unlawful Acts against the
Safety of Fixed Platforms Located on the Continental Shelf was also adopted. This
Protocol extended the same regulation to criminal activity carried out on fixed
platforms located on the Continental Shelf. The scope of the new Convention is
not limited to piracy, but extended to any act of violence or threat, of seizing and
destroying a ship, including acts of terrorism committed in waters „beyond the
outer limits of the territorial sea of a single State‟ and on board a private ship, to
take possession of the same ship or to cause damage to a person on board, for
political or terrorist purposes (Article 3). The Convention, in fact, leaves States
free to take the necessary measures, including coercive measures, on a case by
case basis. Purpose of this Merchant Ship notice M.S.19/2002 is to bring to the
attention of all masters, crew, ship owners, managers and agents, the risk of
piracy on high seas and armed robbery against ships while at anchor, in port or
while underway through the waters of a coastal state. This notice is more
importantly meant to serve as a guide in dealing with such acts of violence. Piracy
is an offence committed on the high seas or in a place outside the jurisdiction of
any State. As per provisions of the United Nations Convention on the Law of the
Seas (UNCLOS),a pirate who has been apprehended on the high seas is to be
dealt with under the laws of the flag State of his captors. Within territorial waters,
jurisdiction over armed robbers or pirates rests solely with the Coastal State.

Ans:-
The concept of a state exercising its jurisdiction over ships that ply its
waters and particularly those that call at its ports is well established in both
history and legal practice. It is universally acknowledged that once a ship
voluntarily enters a port it becomes fully subject to the laws and regulations
prescribed by the officials of that territory for events relating to such use and that
all types of vessels, military and other, are in common expectation obliged to
comply with the coastal regulations about proper procedures to be employed and
permissible activities within the internal waters.
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 international regulations and that the ship is manned and
operated incompliance with these rules. Port State Control (PSC) is a ship
inspection program whereby foreign vessels entering a sovereign state's waters
are boarded and inspected to ensure compliance with various major international
maritime conventions, namely:
1. International Convention for the Safety of Life at Sea (SOLAS),
2. International Convention for the Prevention of Pollution from Ships
(MARPOL),
3. International Convention on Standards of Training Certification and
Watch keeping for Seafarer (STCW)
4. Load Lines (LL),
5. Convention on the International Regulations for Preventing Collisions at
Sea (COLREG)
6. International Labour Organization‟s Maritime Labour Convention.

CLASSIFICATION SOCIETY
 The Purpose Of Classification of a Ship is for Insurance Purposes, Therefore,
when the vessel is being built, it has now become imperative by tradition and
practice of the shipping world over the years that the ship is classed by a
classification society. The classification society starts its work from the approval of
plans prior to the commencement of construction. During the entire period the
ship is under construction, a classification surveyor will survey the workmanship
of construction. The objective here is of course from the future insurance point of
view, but a ship owner today cannot afford to function without the certification
from a classification society. So, in a nutshell, the scope of classification is:
Ø A technical review of the design plans and related documents for a new
vessel to verify compliance with the applicable rules.
Ø Attendance at the construction of the vessel in the shipyard by a
classification society surveyor(s), and at the relevant production facilities
that provide key components such as the steel, engine, generators and
castings, to verify that the vessel is constructed inaccordance with the
classification rules
Ø Upon satisfactory completion of the above, the ship owner‟s request for the
issuance of a class certificate will be considered by the relevant
classification committee, or another body, of the class society and, if
deemed satisfactory, the assignment of class will be approved and a
certificate of classification issued.
Ø Once in service, the owner must submit the vessel to a clearly specified
program of periodical class surveys, carried out onboard the vessel, to
verify that the ship continues to meet the relevant rule conditions for
continuation of class.

Classification is part of a life-long process to assure a ship is built and

maintained to industry accepted standards. There are four steps to it:
1. Development of Rules of Classification: Rules are developed in accordance
with field and engineering experience and are reviewed and approved by an
extensive committee system off or most industry experts. Thus the Rules are
acceptable to a broad spectrum of owners, charterers, operators, and the class
society‟s in-house experts. Not all classification societies have such a "public"
Rule-making process.
2. Design Review: Designers of marine vessels submit their designs to
classification society (of their choice) engineers to verify that requirements have
been met. Lists of requirements for submittals are found in each society‟s set of
Rules or Guides.
3. Survey during construction. Approved design drawings are sent to
classification surveyors at vendor shops and fabrication yards. There the
surveyors confirm that the equipment as built conforms to the requirements and
the approved drawings.
4. Surveys after construction. Once commissioned, periodic surveys as well as
damage and repair surveys, are performed throughout the life of the ship to
ensure that the ship remains incompliance with the classification rules, thereby
enhancing the safety of the ship and the protection of the environment.
Classification surveyors visit each vessel at least every 15months over a five-year
cycle. An "Intermediate" survey is conducted after two and a halfyears. Once
each five years a comprehensive survey is performed, a "Special" survey,
including dry-docking.

FLAG STATE CONTROL

The flag state is responsible, under international law, to ensure that a ship
is maintained in a safe, sound and seaworthiness condition. To ensure that the
ship does so, the flag state inspects, or arranges for inspection, the ship and
issues what are called the statutory certificates. These certificates are governed
by conventions under international law such as, SOLAS, MARPOL, Load-line, and
STCW etc. Every State shall effectively exercise its jurisdiction and control in
administrative, technical and social matters over ships flying its flag. Every State
shall take such measures for ships flying its flag as are necessary to ensure safety
at sea with regard, inter alia, to the construction, equipment and seaworthiness of
ships; the manning of ships, labour conditions and the training of crews, taking
into account the applicable international instruments; the use of signals, the
maintenance of communications and the prevention of collisions. Furthermore,
each ship, before registration and thereafter at appropriate intervals, is surveyed
by a qualified surveyor of ships, and has on board such charts, nautical
publications and navigational equipment and instruments as are appropriate for
the safe navigation of the ship; that each ship is in the charge of a master and
officers who possess appropriate qualifications, in particular in seamanship,
navigation, communications and marine engineering, and that the crew is
appropriate in qualification and numbers for the type, size, machinery and
equipment of the ship.
A State which has clear grounds to believe that proper jurisdiction and
control with respect to a ship have not been exercised may report the facts to the
flag State. Upon receiving such are port, the flag State shall investigate the
matter and, if appropriate, take any action necessary to remedy the situation.
Each State shall cause an inquiry to be held by or before a suitably qualified
person or persons into every marine casualty or incident of navigation on the high
seas involving a ship flying its flag and causing loss of life or serious injury to
nationals of another State or serious damage to ships or installations of another
State or to the marine environment. The flag State and the other State shall co-
operate in the conduct of any inquiry held by that other State into any such
marine casualty or incident of navigation.

COASTAL STATE

The first of these is flag state control, which covers the "international and
domestic powers and obligations of a state which allows vessels to register under
its flag". An example of such an international power appropriate to our present
discussion is the International Convention on Standards of Training, Certification
and Watch keeping for Seafarers (STCW). This Convention gives the flag state the
primary responsibility for exercising control, through legislation and penalties, so
as to ensure that the provisions of the Convention are complied with. Practically,
this involves the issuing of a certificate indicating that the provisions of the
Convention have been complied with. Without these certificates, worldwide trade
would be near impossible. This protection offered by the Flag State is, however,
unable to provide sufficient regulation. This is particularly true within the field of
human error where an interventionist approach to regulation is required. The
problem is that it is not feasible for the Flag State to employ a global inspectorate
to ensure continued compliance with standards across the globe. The local
classification and non-exclusive marine surveyors who are contracted out by the
Flag State can only achieve a limited degree of regulation. They work under
continuous pressure from the ship owners, often in dangerous conditions. In
certain cases, unscrupulous registers that issue certificates to ships that are
clearly un-seaworthy exacerbate this lack of effectiveness. These problems are
addressed by PSC, which provides regulation that is more independent and which
has the infrastructure needed for any interactive control.

Similarly, the regulation offered by coastal state control is not broad enough to
encompass the control of human error. Such control gives to the state certain
limited powers under international law to protect its interest along that coastline.
Because the interference with ship son the high seas is particularly dangerous and
inconvenient, intervention is limited to those cases where the ship is involved in
„non-innocent passage‟. This is defined as the passage that is “prejudicial to the
peace, good order, or security of the coastal state”. The regulation of human error
can clearly not be effectively implemented within the limited scope of this power.

A) BILL OF LADING:- The typical responsibility of the carrier under the

Hague-Visby rules is to issue the bill of lading. It states „the shipper can demand
the carrier to issue a bill of lading showing the leading marks, the quantity of the
goods and apparent order and condition of the goods.‟ Its issue of course, is upon
request of the shipper. Nevertheless, once issued it serves as the documentary
evidence that the goods were received in good condition. It thus, corroborates the
presumed fault of the carrier for the cargo damage or loss occurred within the
period of responsibility prescribed by the Hague-Visby rules. The Hague-Visby
rules states a carrier issues a bill of lading without providing any penalty for
noncompliance, thereby opening the way to abuse. In practice, the carrier may
not be able to verify the accuracy of information given by the shipper-in most
cases cargo may be covered within packages, or packed in containers. As the bill
of lading is issued by the carrier, it is the carrier and not the shipper that will be
liable to the consignee, for any discrepancies in the bill of lading. Bill of lading
once issued has a vital importance in the carriage of goods by sea. For instance,
Art-III (4) of the Hague-Visby rules states a bill of lading is the conclusive
evidence between the carrier and the consignee and the prima facie evidence
between the carrier and the shipper. Obligation to issue a bill of lading does not
have an equivalent status with the contracts of carriage governed by the Hague-
Visby rules.
The relationship between the two contracts maybe puzzling, especially when
both documents are in use at once. The co-existence of two apparently equally
contractual documents has given rise to many technical difficulties. The principal
question is always: Who is liable and who is entitled under the contract of
carriage?
In other words, whom, ship-owner or charterer, do shipper and consignee
hold responsible for the safe arrival of the goods? Who, owner or charterer, is
entitled to the freight? In order to answer these questions it may be useful to set
out the various possibilities. There are normally four and they follow naturally
from what we have just said about the operation of the entire contract.
(i) The contract of carriage may be between the owner of a general ship
and the shipper. A charter-party is not then used and the contract is evidenced in
the bill of lading. This happens in almost all cases where goods are shipped by a
liner.
(ii) The contract of carriage may be between ship-owner and charterer
under an ordinary form of charter-party. Here a bill of lading will be issued when
the cargo is loaded, but it will generally take effect as a receipt, not as a contract.
(iii) The contract may be between charterer by demise and shipper. Here
there is a contract in the nature of a lease, not a contract of carriage, unless and
until one be entered into between the charterer and some other shipper, when it
will fall under (i) or (ii) above, depending on whether the charterer puts up the
ship as a general ship or not. The contract of carriage is then, of course, between
charterer and shipper.
(iv) Where the charterer under an ordinary charter-party does not ship
goods himself but transfers his right to do so to somebody else, there will
normally be both a charter-party and a bill of lading issued by the ship-owner or
by the charterer, or by agents for either to the shipper, and it is when that
happens that the chief difficulties arise. The most fruitful cause of trouble lies in
the differences between the terms of the two documents.
(v) Finally, it may even happen in exceptional cases that in respect of the
same voyage the contract of carriage in respect of one parcel of goods is made
between shipper and ship-owner, and in respect of another parcel between
shipper and charterer. Thus one bill of lading might be issued by the owner and
one by the chatterer, the master signing them being the agent once of the owner
and once of the charterer.
Difficulties may be experienced in cases (iv) and (v), for it may be uncertain
whether the shipper contracted with the owner or with the charterer. This is a
question of fact to be decided by looking at all the circumstances of the case. A
common instance of such difficulties is, for example, where a charterer is only a
broker who guarantees cargo for vessels, which he undertakes to load.

B) DUTY TO PROVIDE A SEAWORTHYSHIP:-In every contract of service

express or implied between the owner of an Indian ship and the master or any
seaman thereof an obligation on the owner that such owner and the master
charged with the loading of such ship or the preparing thereof for sea, shall use
all reasonable means to ensure the seaworthiness of such ship for the voyage at
the time when such voyage commences and to keep her in a seaworthy state
during the voyage.
A ship is un-seaworthy within the meaning of the Act when the materials of
which she is made, her construction, the qualification of the master, the number,
description of the crew including officers, the weight description and stowage of
cargo and ballast, the condition of her hull and equipment, boiler and machinery
are not such as to render her in every respect fit for the proposed voyage. Every
person who sends or attempts to send an Indian ship to sea from any port in
India in such an un-seaworthy state that the life of any person is likely to be
endangered shall, be guilty of an offence under the Act.
As per Hague-Visby rules, neither the carrier nor the ship shall be liable for
loss or damage arising or resulting from un-seaworthiness unless caused by want
of due diligence on the part of the carrier to make the ship seaworthy, and to
secure that the ship is properly manned, equipped and supplied, and 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 in
accordance with the provisions of paragraph 1 of Article III. [The carrier shall be
bound, before and at the beginning of the voyage, to exercise due diligence to (a)
make the ship seaworthy; (b) properly man, equip and supply the ship; (c) 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].
Whenever loss or damage has resulted from un-seaworthiness, the burden
of proving the exercise of due diligence shall be on the carrier or other person
claiming exemption under this article.

C) DUTY IN RELATION TO CARGO WORTHINESS: - Cargo worthiness is

categorized under the seaworthiness requirements, the vessel must be in every
way reasonably fit to receive and carry the contemplated cargo in order to be
considered as a seaworthy vessel. Cargo is any commodity that earns freight and
charter hire to ship. Transporting cargo is ship's business. Can any ship carry any
cargo? NO. Ship must be suitable and fit enough to carry any particular cargo.
This ability of ship is the cargo worthiness. Four segments in carriage by ship:
Ø load the cargo
Ø stow the cargo
Ø preserve the cargo condition and
Ø no damage/harm to ship till handing over to receiving port,
Ø unload the cargo.
Ship's ability to meet the rigors of each of these segments must be demonstrated
before cargo is given to a ship. The vessel must be sufficiently strong and
equipped to carry the particular kind of cargo which she has contracted to carry,
and her cargo must be so loaded that it is safe for her to proceed on her voyage.
In the second place the ship must be equipped not only to carry the contract
cargo, but also to prevent its deterioration during the voyage.
D) OBLIGATION NOT TO DEVIATE FROM AGREED ROUTE :-The route of a
voyage may not often be determined in the contracts for the carriage of goods. In
absence of such regulation, the proper route is the direct geographical routes
between the ports of loading and discharge. This presumption is however
rebuttable as some other customary route could be followed. The carrier's
intentional act of deviation may subject the cargo to additional risks which the
cargo owner has been unable to take into account (e.g. by obtaining the
insurance cover).The duty of the carrier not to unreasonably deviate from the
route of voyage is not explicitly set out in the Hague-Visby rules. However, it is
clearly implied, in so far as it permits any reasonable deviation‟ thus implicitly
prohibiting unreasonable deviation.
It logically follows that the vessel that has voluntary deviated from its
agreed route is liable for resulting damages whether it is caused by the exempted
perils or otherwise. It is unclear if the carrier is liable only for delays resulting
from deviation when there is no resulting loss or damage. When there is a
resulting damage, it comes under the duty to properly and carefully care for the
goods. Consequently, there is a liability for resulting loss or damage.

E)EXERCISE DUE DILIGENCE IN LOAD AND CARE :-Subject to the provisions

of Article IV, the carrier shall properly and carefully load, handle, stow, carry,
keep, care for and discharge the goods carried.‟
By complying with this requirement, the carrier must exercise due diligence
when loading, handling, stowing, carrying, keeping, and discharging of goods. For
example, by keeping different goods such as cloths, leather, and olive oils
together, the carrier must exercise this duty with care; that is, keeping them
separately. Moreover, should any extra equipment is needed to keep goods safe
while in transit, the carrier is obliged to arrange for such. However, the carrier is
not obliged to perform such duty by himself. He may assign the master, crew or
his agent to act on behalf of him. As such, the carrier shall be responsible for such
master, crew, or agent‟s liability. In the event the carrier fails to comply with the
duty of care requirement, if it leads to the loss of, or damage to the goods while
being carried, then the carrier shall be liable for such loss or damage , the carrier
shall be liable for the loss of, damage to, or delay for delivery of the goods if the
cause of such loss, damage, or delay arose from the carrier‟s action while carrying
the goods .
The carrier shall be deemed to carry the goods from the time of receipt of
such goods from the shipper, the shipper‟s agent, or any officer by which the law
of that port of loading enforce the shipper to hand over the goods to the officer
until the time the carrier deliver the goods at the port of discharge.
 DGS: ASM PAPERS DATE-MAY’16

Q1)

A contract of affreightment is a contract between a ship-owner and another

person (called the charterer), in which the ship-owner agrees to carry goods for
the charterer in the ship, or to give the charterer the use of the whole or part of
the ship's cargo-carrying space for the carriage of goods on a specified voyage or
voyages or for a specified time.
ü The charterer agrees to pay a specified price, called freight, for the carriage of
the goods or the use of the ship. A ship may be let, like a house, to a person
who takes possession and control of it for a specified term.
ü The person who hires a ship in this way occupies during the specified time the
position of ship-owner. The contract under which a ship is so let may be called
a charter party— but it is not, properly speaking, a contract of affreightment,
and is mentioned here only to clarify the distinction between a charter-party of
this kind, which is sometimes called a demise of the ship, and a charter-party
that is a contract of affreightment.
ü A contract of carriage is a contract between a carrier of goods or passengers
and the consignor, consignee or passenger. Contracts of carriage typically
define the rights, duties and liabilities of parties to the contract, addressing
topics such as acts of God and including clauses such as force majeure.
ü Among common carriers, they are usually evidenced by standard terms and
conditions printed on the reverse of a ticket or carriage document.

ü India, a significant maritime nation, has well recognized the role of shipping
in the development of trade. Maritime transport is an essential infrastructure
for socio-economic development of the country, with carriage by sea
constituting approximately 95% of India’s international trade by volume, and
68% by value. Ranking 15th in the world in terms of shipping tonnage, India
has the largest merchant shipping fleet amongst developing countries.
ü The economic viability of coastal trade is influenced by the availability and
safe carriage of long haul bulk commodity traffic over long distances. The
potential growth of coastal shipping can be effectively tapped if suitable
policy measures are adopted to improve commodity traffic through coastal
vessels, at competitive costs.
 ü Under Indian Cabotage Regulations, movement of coastal trade is reserved
for Indian flag vessels and operation of foreign vessels in Indian waters is
restricted.
ü While Indian flag vessels may be owned only by Indian entities, under the
extant exchange control laws, foreign entities may invest up to 100% in
Indian ship owning and ship-operating companies. Such companies enjoy
privileges granted to any Indian company and may acquire ships flying the
Indian flag with 100% overseas debt/equity finance.
ü Indian regulations require all Indian ships and foreign ships chartered by
Indian ship-owners, to acquire trading licenses from the Director General of
Shipping, prior to proceeding to sea. Although foreign vessels are permitted
to ply in the coastal trade of India under license, in practical terms, attaining
such a license is difficult inasmuch as the foreign companies are required to
establish non-availability of Indian Flag vessels that meet with the
specifications of the foreign vessels seeking the license.
ü Moreover the license is of a temporary nature and upon renewal, similar
compliances may be required. With relaxation in Cabotage laws for container
vessels and lash barges to attract foreign mainline vessels and decontrol of
freight and passenger fares to promote coastal trade, the stringent Cabotage
regulations are now being liberalized.
ü Though Cabotage regulations are implemented to provide safe, reliable and
cost-effective transportation options to shippers and assure maritime
capability, the complete relaxation or repeal of such regulations could
threaten domestic tonnage by opening the door for carriage of coastal cargo
by foreign flag vessels.

The definition of towage is ―the employment of one vessel to expedite the voyage
of another when nothing more is required than the accelerating of her progressǁ
suggests that the dividing line between towage and salvage is crossed as soon as
anything more than mere acceleration is required.
It may perhaps be best to distinguish the two contracts by seeing the main
differences between them.

Differences between towage and salvage can be summarised as follows:

Ø Need for a contract.
Ø No need for success.
Ø Absence of a lien.
Ø Danger.
Ø Voluntariness.

Need for a contract:- Although there is nothing to prevent one vessel

gratuitously giving another a tow, the right of a tug or other towing vessel
to payment always depends on contract whether express or implied.
 No need for success:- The need for success is a characteristic of salvage,
but not of towage. It is a necessary element of a salvage claim because
salvage awards are paid out of, and cannot exceed, the value of the salved
property.
Absence of lien:- There is no maritime lien upon the tow for the payment
of the price fixed by the towage contract whereas a salver has a maritime
lien over property salved.
Danger:- A further distinction is the element of danger. While a situation of
danger does not prevent a mere towage contract, the element of danger is
crucial to a successful salvage claim.
Voluntariness:- The requirement that the services rendered must be of a
voluntary character has been an obstacle to several categories of claimant,
amongst them tug owners.
Can Towage and Salvage Co-exist?:- Where a tug is engaged under a
towage contract to perform a towage operation that service to be performed
by the tug will not constitute salvage. However where the tug has to
perform some service which is outside and beyond the scope of the towage
contract in circumstances of danger then that will constitute salvage.
MSA and Salvage:- Salvage payable for saving life, cargo or wreck
Where services are rendered:
o Wholly or in part within the territorial waters of India in saving life from
any vessel, or elsewhere in saving life from a vessel registered in India;
or
o In assisting a vessel or saving the cargo or equipment of a vessel which
is wrecked, stranded or in distress at any place on or near the coasts of
India; or
o By any person other than the receiver of wreck in saving any wreck,
there shall be payable to the salver by the owner of the vessel,
cargo, equipment or wreck, a reasonable sum for salvage having
regard to all the circumstances of the case. Salvage in respect of
the preservation of life when payable by the owner of the vessel
shall be payable in priority to all other claims for salvage.

The Freight Market

The freight market is not a uniform market where the trend is entirely up or down. It
consists rather of a number of different part markets that are not necessarily dependent
on each other but can often develop very differently.
The freight market does not have a uniform connection with a specific geographical
area but rather with ships that can carry similar types of cargoes.
The current trend or state of the market is determined by the balance between the
supply and demand of shipping services of various kinds.
A measure of the state of the market is the freight level which a certain type of vessel
can obtain in various standard trades.
 The freight market is, of course, dependent on the state of the world trade market and
of course the ever-changing price of oil affecting both world trade and owners' costs for
bunkers but is sometimes strongly influenced by circumstances like war, widespread
strikes, bad harvests, ice-bound waters, etc.
Another important factor which affects the freight market is the granting of government
subsidies to shipyards. It goes without saying that there is an interrelation between the
new-building market, the second-hand tonnage market and the freight level, although
these are not synchronized in detail. This also means that, like new-building, scrapping
also affects the freight market.

Difference between Liner-Bound Freight Market and Open Freight Market

There is a difference between the liner-bound freight market and the open
freight market.
ü The latter market (open freight market) is the market where tonnage is
fixed voyage by voyage – the so-called spot market - where the buyers of
sea transport find the additional tonnage required to comply with all the
occasional increases in demand for transport.
The open market also includes a time charter sector and the important
sector covering other more long range contractual engagements of various
natures. It has been calculated that about 70% of the volume of goods
transported at sea in the world is fixed in the open market.
The balance is taken care of by the liner services in their strictly directed
and scheduled traffic with controlled freight terms and conditions and
freight levels.

Calculations for Liner-Bound Freight Market and Open Freight Market

The open market is influenced by the "law" of supply and demand.
The connection to the world industrial activity is reflected by market rates
for the two so-called leading commodities, iron ore and coal (raw materials
for the steel industry), and seasonal variations are influenced by demand
for ships to carry grain, which is the third leading commodity in the dry
cargo sector.
When the larger number of cargoes or employment of ships of the world
freight markets have been negotiated, more or less secretly, in direct talks
between the owners and charterers for long engagements under contracts
or time charters, there remain a number of cargoes looking for ships and a
number of ships looking for employment.
This situation develops and changes on a day-by-day basis and it could
affect any geographical area and covers the whole spectrum of types, sizes
and features of ship.
Factors influencing the general freight situation and the development of the
open market are:
o Sudden changes in demand for specific commodities.
o An economic boom within special limited market areas.
o State of war.
o Closure of important routes.
o Crop failure.
o Extreme congestion in important ports.
o Oversupply of specific types of ships.
 o Unusually late or early closure of icebound waters, etc.
Ships operated in the spot market must comply with the demands of size
and type and must also be suitable in other respects for the intended cargo.
The vessel must be available in the right position at the right time and ask
for a freight level which is competitive in comparison with what other
interested parties may offer.
If the employment in question is for a longer duration on time charter or
contract basis then the importance of an owner's solvency (financial
strength), reliability and reputation for good performance will increase
correspondingly.
For the liner owner who is working with the same freight tariff in the same
trade and maybe even with the same frequency of sailings as his
competitors, regularity and reliability are the most important marketing
features, i.e. he must keep to the advertised schedules without sudden
changes and delays. Other features are short transit times, good care of the
cargo, efficient handling of cargo bookings, documentation and settlement
of cargo claims. Further means of strengthening the competitive position
can be by offering package solutions to transport problems, such as the
arrangement of door-to-door transport.
In a contract of carriage, the consignee is the entity who is financially
responsible (the buyer) for the receipt of a shipment. Generally, but not always,
the consignee is the same as the receiver.

If a sender dispatches an item to a receiver via a delivery service, the sender is

the consignor, the recipient is the consignee, and the deliverer is the carrier. The
Carriage of Goods by Sea Act (COGSA) defines "carrier" as the owner or charterer
who enters into a contract of carriage with a shipper. Although this definition is
orthodox by long usage, its meaning is often unclear when bills of lading are
issued on chartered ships as the carrier can be anyone of several entities.

Carrier as Shipowner (principal): Where the carrying vessel is not under charter
the shipowner will invariably be liable as the "carrier" for loss or damage to cargo.

Carrier as Charterer: Where the carrying vessel is under a demise charter, the
demise charterer will be liable as the "carrier".

Carrier as Frieght forwarder: In most cases the freight forwarder will assume the
legal liabilities of acting as a carrier. The duties of shipper and carrier are
interrelated. There are some duties which are exclusive to carrier:

Hague-Visby Rules
Seaworthiness of the ship Seaworthiness means the ship is fit in design,
structure, condition, manning and equipment to encounter the ordinary dangers
of the voyage. The Hague-Visby Rules modified common law by reducing the
obligation of seaworthiness to use of due diligence.

Care of goods: - The carrier is to see that the cargo is loaded safely and loaded
without delay. Running Head: Responsibilities of the Carrier, Shipper and Consignee

Stowage and segregation by the carrier

The carrier’s duty to properly and carefully load, handle, stow, carry and keep the
cargo is a stringent obligation though not an absolute one.

Obtaining information on the goods The carrier has the duty to use all reasonable
means to ascertain the nature and characteristics of the goods tendered for
shipment and to exercise due care in their handling.

Documentation, marking and labeling packaging If there is due cause to suspect

that dangerous goods are not packed, marked, labelled and documented in
accordance with the regulations, the carrier should not take the goods on board.

Dangerous goods manifest

The carrier’s initial responsibility is to make sure the shipper has provided the
correct paperwork and to create his own records upon receival of certification
from the shipper concerning dangerous goods.

Common Law
To provide a seaworthy ship, the obligation of providing a seaworthy ship is an
absolute undertaking.
To care for the Cargo the carrier must deliver the cargo without loss or damage;
exceptions being acts of god, inherent vice of the cargo, defective or insufficient
packaging or general average sacrifice. To Deliver the Cargo without Delay the
carrier must prosecute the voyage with due dispatch. Not to deviate the carrier is
obligated to prosecute the voyage without unreasonable deviation or
unreasonable delay. To share in general average A general average situation
occurs when part of the cargo is jettisoned to save the ship and the remainder of
the cargo. The saved cargo and the ship are obliged to jointly compensate the
owner of the jettisoned cargo. Additionally, the carrier has the responsibility of
presenting a claused bill of lading in order to avoid unnecessary liability. If the
ship owner does not agree with any of the statements made in the bill of lading
he will add a clause to this effect, thereby causing the bill of lading to be termed
as ―unclean‟, ―foul‟ or ―claused‟. There are many recurring types of such clauses
including: inadequate packaging; unprotected machinery; second-hand cases;
wet or stained cartons; damaged crates; cartons missing, etc. The clause shipped
on deck at owner’s risk‟ may thus be considered to be claused under this
heading. This type of bill of lading is usually unacceptable to a bank.

Responsibilities of the shipper

Although the Hague/Hague-Visby Rules contain only two provisions concerning
shipper’s duties, this does not mean that the shipper has no other duties. Duties
arise from general law, statutes or are naturally implicit in the contract.
Hague-Visby Rules
Packing of goods The Hague/Hague-Visby Rules contain no provision imposing a
duty on the shipper to pack sufficiently, but instead relieves the carrier from
liability. It provides that ―Neither the carrier nor the ship shall be responsible for
loss or damage arising or resulting from insufficiency of packing.ǁ Marking and
labelling of goods. The Hague/Hague-Visby Rules require the shipper to mark the
goods and indicate the leading marks necessary for identification of the goods if
the shipper wants the carrier to issue a bill of lading in accordance with Art. III.3.
―The bill will be prima facie or conclusive evidence of the shipment in good order
or condition of the indicated quantity of goods, identified by leading marks.ǁ

IMDG (International Maritime Dangerous Goods) Code Statutes

Classification of goods Under the IMDG (International Maritime Dangerous Goods)
Code It is the onus of the shipper to determine the class of the substances
according to provided criteria. Stowage and segregation of dangerous goods
Stowing and lashing the cargo are part of the operation of loading. It refers to the
placing of the goods in a ship‟s spot or a container. if there is an express contract
or custom, stowage is done by the shipper. Chapter 7 of the IMDG Code contains
detailed provisions regarding stowage and segregation of incompatible dangerous
goods. Stuffing and sealing of the containers, is the responsibility of the shipper.

Common Law
To Pay Freight
It is the shipper’s obligation to pay the freight agreed upon. The carrier has a lien
on the cargo for unpaid freight.
Not to ship dangerous goods without warning. The shipper is responsible for
notifying the carrier of any dangerous goods and is liable for failing to do so.
To share in general average, if a general average situation occurs the owner of
the saved cargo and the carrier are obliged to jointly compensate the owner of
the jettisoned cargo.

Responsibilities of the Consignee

A consignee is someone to whom a shipment of goods is to be delivered. He or
she has certain legal rights and responsibilities that are spelled out in the law.
Because goods are often carried internationally, international laws such as the
Hague-Visby Rules concern themselves with the specifics of consignees and how
they work, but within countries, national law is often even more specific. Often,
the consignor is the seller and the consignee is the buyer, although this is not
always the case. The consignee must provide the bill of lading issued by the
carrier to receive the goods. Presentation of the bill of lading authorizes the
consignee to receive the goods. Other rights and responsibilities of the carrier
include: his right to inspect the goods (together with the carrier) prior to their
delivery; his duty to pay freight, possible demurrage and other potential expenses
paid by the carrier if this was provided for in the contract; and his right to make
a notice upon discovery of shortage or damage.

Hague-Visby Rules
Under the Hague-Visby rules the carrier has the responsibility of making any
claims for damaged cargo in under a year
Common Law
Under common law the consignee has the responsibility of making any claims for
damaged cargo in less than six years.

Finally, the three major actors in the shipping business are; shipper, carrier and
consignee. Each actor has exclusive duties to fulfill in order to appease contracts
signed and agreed upon. The shipper’s responsibilities are: to deliver the goods
ready for carriage; to provide information, instructions and documents; to provide
information for the compilation of contract particulars and; to inform of the
dangerous nature or character of the goods. The carrier’s responsibilities are: the
seaworthiness of the ship; care of goods; stowage and segregation by the carrier;
obtaining information on the goods; documentation, marking and labeling
packaging; dangerous goods manifest.
The consignee’s responsibilities are: filling out and assuming responsibility for
legal documents and fees; compliance with the law; documentation of the
content.

Difference between straight bill of lading and seaway bill are as follows:-
1) Seawaybill is not negotiable but B/L is
2) Seaway bill doesnot involve letter of credit system
3) Seaway bill is used for transfer of goods from one place to another in which
both parties known each other
4) Seaway bill doesnot involve selling of goods in transit
5) Seawaybill is not title to document.
6) Seaway bill both buyer and seller are familiar but in case of B/L they are not
familiar

Marine insurance is very important because through marine insurance, ship

owners and transporters can be sure of claiming damages especially
considering the mode of transportation used. Of the four modes of transport
– road, rail, air and water – it is the latter most which causes a lot of worry
to the transporters not only because there are natural occurrences which
have the potential to harm the cargo and the vessel but also other incidents
and attributes which could cause a huge loss in the financial casket of the
transporter and the shipping corporation.
Another important aspect of having marine insurance is that a transporter
can choose the insurance plan as per the size of his ship, the routes that
 are taken by his ship to transport the cargo and many such minor points
which could go a great length in affecting the transporter majorly. Also,
since there are various plans and policies which indicate about covering not
just the cargo but also the vessel, the transporter can choose and avail of
the best policy that suits his business the best.
Marine insurance is a safe haven for shipping corporations and transporters
because it helps to reduce the aspect of financial loss due to loss of
important cargo. Also, it helps to bring about to the transporting companies
and to the receiving parties, the duty, dedication and the
straightforwardness of the insurance companies.
Marine insurance covers the loss or damage of ships, cargo, terminals,
and any transport or cargo by which property is transferred, acquired, or
held between the points of origin and final destination

A contract of marine insurance is an agreement whereby the insurer undertakes

to indemnify the insured, in the manner and to the extent thereby agreed, against
transit losses, that is to say losses incidental to transit.

A contract of marine insurance may by its express terms or by usage of trade

been extended so as to protect the insured against losses on inland waters or any
land risk which may be incidental to any sea voyage

IN SIMPLE WORDS THE MARINE INSURANCE INCLUDES

A. Cargo insurance which provides insurance cover in respectof loss of or
damage to goods during transit by rail, road,sea or air.Thus cargo insurance
concerns the following :
(i) export and import shipments by ocean-going vesselsof all types,
(ii) coastal shipments by steamers, sailing vessels,mechanized boats, etc.,
(iii) shipments by inland vessels or country craft, and
(iv) Consignments by rail, road, or air and articles sentby post.
B. Hull insurance which is concerned with the insurance ofships (hull,
machinery, etc.).Hull and machinery insurance provide physical damage
protection for the ships or vessels and the machinery which is part of them.
Since the soundness and normal operation of the hull and machinery of a ship is
key to the safe transportation and delivery of any cargo or freight, it is highly
advisable that ship owners purchase hull and machinery insurance.

VOYAGE POLICY:-A financial protection plan that provides coverage for goods in
transit by sea. In order for a voyage policy to be valid, the vessel transporting the
cargo must be in good condition and capable of making the journey, and the
vessel's crew must be competent. This requirement exists because a voyage
policy, like any insurance policy, is intended to protect against unforeseen risks,
not against preventable risks. Voyage policies are important in the export
business. A voyage policy may also be called "marine cargo insurance."
TIME POLICY:-Insurance policy that covers risks arising during a specified
period (three months, for example). In contrast a voyage policy covers risks that
arise during an entire transit period irrespective of how long it takes. Insurance
policy that covers both time and voyage periods are called mixed policy.

The men who handle our vessels are not born expert ship handlers, neither are they
made from a mould. Usually, they are self-taught and become well-practiced over time. They
have a variety of elements under their control, such as: engines and relevant speed control,
helm and steering gear effecting rudder(s), bow and stern thrust units if fitted, stabilizers,
anchors and moorings.
Also ‘tugs’, assuming they respond to the directions of the conn. To some extent,
draught and trim of the vessel can be controlled within limits, provided that the vessel is
undamaged. What of course makes the task of the ship handler so challenging, is that many
elements are not under his or her control but still have to be catered for. Clear examples of
this are the weather, tide heights and times, depth of water and respective under keel
clearance, manmade objects like bridges, geographic obstructions as with narrows, etc. The
person handling the vessel in confined waters will employ all elements under their control as
well as the elements that lie outside their control, e.g. the wind.

Berthing port side to, with a strong onshore wind

1) Stem the tide at position ‘1’ rudder hard to starboard and engines half ahead.
2) Attain a position off the berth and parallel to the berth, with the port side well fendered
(possible use of the offshore starboard anchor may be desirable for departing the
berth, with the same direction of wind).
3) High freeboard vessels will benefit from the wind on the beam and allow the vessel to
close the berth at position ‘3’. Run head lines and stern lines fore and aft.
4) As the vessel lands alongside the quay, pass and secure fore and aft springs and
adjust the ships position to suit with head and stern lines. Once secure, if the offshore
anchor has been deployed, walk back the cable to an up and down position.

Berthing port side to (for vessels with windage area aft) – strong onshore
wind
1) Approach the berth at about a 60° angle. Stop the vessel off the berth with the bow
level with the centre of the berthing position. Let go the offshore anchor at short stay.
To control the stern against the wind, use rudder to port and engines ahead. Dredge
the anchor towards the berth.
2) As the vessel approaches the berth, pay out the anchor cable.
3) When the bow is just off the berth, hold on to the anchor. The vessel will pivot at the
hawse pipe and the stern will swing rapidly towards the quay.
4) As the stern is approaching the quay, engines ahead to check the stern swing.
Stop engines and run lines ashore fore and aft.

Berthing port side to the quay – right hand fixed propeller – calm conditions
1) Approach the berth at an angle of about 25°, engines dead slow ahead.
2) Stop engines on the approach taking account of the headway that the vessel will carry.
3) Engines astern. Transverse thrust would cause the stern to swing to port and the ship
would gradually stop parallel to the berth.
4) Stop engines. Send away head and stern lines and make fast.

5a) Piracy consists of any of the following acts:

(a)any illegal acts of violence or detention, or any act of depredation,
committed for private ends by the crew or the passengers of a private
ship or a private aircraft, and directed:
 (i) on the high seas, against another ship or aircraft, or against persons
or property on board such ship or aircraft;
(ii) against a ship, aircraft, persons or property in a place outside the
jurisdiction of any State;
(b) 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.

(c) any act of inciting or of intentionally facilitating an act described in

subparagraph (a) or (b).

5B) SECTION 205 OF M.S ACT:-

Defines Stowaways and seamen carried under compulsion as:-
1) No person shall secrete himself and go to sea in a ship without the
consent of either the owner, agent or master or of a mate, or of the
person in charge of the ship or of any other person entitled to give that
consent.
2) Every seafaring person to whom the master of a ship is under the
authority of this Act or any other law compelled to take on board and
convey and every person who goes to sea in a ship without such
consent as aforesaid shall, so long as he remains in the ship, be subject
to the same laws and regulations for preserving discipline and to the
same fine, and punishments for offences constituting or tending to a
breach of discipline as if he were a member of, and has signed the
agreement with the crew.
3) The master of any Indian ship arriving at any port or place in or outside
India and the master of any ship other than an Indian ship arriving at
any port or place in India shall, if any person has gone to sea on that
ship without the consent referred to in sub-section (1), report the fact in
writing to the proper officer as soon as may be after the arrival of the
ship.

DEFINITION AS PER RESOLUTION NO. 871(20)

―Stowawayǁ . A person who is secreted on a ship, or in cargo which is
subsequently loaded on the ship, without the consent of the shipowner or the
master or any other responsible person and who is detected on board the ship
after it has departed from a port, or in the cargo while unloading it in the port of
arrival, and is reported as a stowaway by the master to the appropriate
authorities.

―Attempted stowawayǁ . A person who is secreted on a ship, or in cargo which is

subsequently loaded on the ship,without the consent of the shipowner or the
master or any other responsible person, and who is detected on board the ship
before it has departed from the port.

DUTIES OF MASTER ARE AS FOLLOWS:-

1) To make every effort to determine immediately the port of embarkation of
the stowaway.
 2) To make every effort to establish the identity, including the
nationality/citizenship of the stowaway
3) To prepare a statement containing all information relevant to the stowaway,
in accordance with information specified in the standard document annexed
to these Guidelines, for presentation to the appropriate authorities;
4) To notify the existence of a stowaway and any relevant details to his
shipowner and appropriate authorities at the port of embarkation, the next
port of call and the flag State;
5) Not to depart from his planned voyage to seek the disembarkation of a
stowaway to any country unless repatriation has been arranged with
sufficient documentation and permission given for disembarkation, or unless
there are extenuating security or compassionate reasons;
6) To ensure that the stowaway is presented to the appropriate authorities at
the next port of call in accordance with their requirements;
7) To take appropriate measures to ensure the security, general health, welfare
and safety of the stowaway until disembarkation;

ACTIONS TO BE TAKEN
• The discovered stowaway should be placed in a locked cabin. The stowaway
should not be allowed to roam freely about the vessel
• If more than one stowaway is found, they should – if possible be accommodated
separately
• The place where the stowaway was found should be searched for further
stowaways and any documents left behind
• The place the stowaway was found should be photographed or video taken
• The place the stowaway was found must be thoroughly searched for drugs, as
stowaways can be used as drug couriers. If drugs are found, the place should be
left untouched and sealed off. Photographs and/orvideo should be taken of the
location where the drugs were found
• The stowaway should be searched for identity papers. These documents, if
found, must be confiscated as stowaways often try to hide their identity or
destroy their identity papers
• The stowaway should be thoroughly searched for drugs. If drugs are found on
the stowaway, take photographs and/or video and make a note of the
circumstances in which the drugs were found.
• The stowaway should be questioned in detail as to when and where the
boarding took place
• If there is more than one stowaway they should be questioned individually as to
– Whether they knew each other prior to boarding
– How they came on board
• The stowaway should be questioned as to why he/she has stowed away and the
circumstances underwhich his voluntary return may be possible
• if the stowaway agrees to return voluntarily it should be made clear that unless
he/she co-operatesrepatriation may be impossible
• the person questioning the stowaway, preferably the Master, should explain that
if economical reasonsare behind stowing away, no other country will accept them
and repatriation will be inevitable

GUIDANCE TO MASTERS:-
• immediately notify the Company and the P&I insurer enabling the CSO to inform
the appropriate authorities at the next port of call, such as the PSSO notify the
correspondent and the vessel’s agents in the next port of call or the port of
embarkation, so that they can prepare for identification and repatriation of the
stowaway. Generally, repatriation cannotbe carried out if advance notice of the
stowaway has not been provided
• if it is impossible to communicate with the stowaway, an interpreter should be
engaged ashore in orderto gain an initial impression and obtain some basic
information about the stowaway
• the stowaway should be treated humanely and not threatened with or exposed
to any violencewhatsoever as this will incur severe criminal penalties. There is no
P&I cover for the defence of anyperson acting with violence
• video evidence of the treatment of the stowaway should be taken during the
course of the voyage.

EVIDENCE TO BE COLLECTED :-
• Date, vessel’s time, UTC (Co-ordinated Universal Time) and port where
stowaway came on board
• date, vessel’s time, UTC (Co-ordinated Universal Time) and location the
stowaway was discovered on thevessel
• place/location where the stowaway hid
• duration the stowaway was concealed
• physical condition of the stowaway
• date, vessel’s time, UTC (Co-ordinated Universal Time) and position of the
vessel when the stowaway was discovered
• was there a gangway watch at the port where the stowaway embarked
• names and ranks of those on the watch when the stowaway boarded
• were guards employed at the port where the stowaway embarked and details of
the company.
• was any search carried out prior to departure, details of its extent, who was
involved and the results thereof
• were any stowaways found during the search, how many, location where they
were found and wheredelivered ashore
• records of the stowaway’s treatment during the voyage, e.g. frequency and
types of meals,accommodation, times allowed out and sanitary arrangements.

Ans 5C) The IMO has established a Stowaway Focal Point within the IMO's
Maritime Safety Division as a result of the INTERCARGO/INTERTANKO submission
to the IMO Facilitation Committee. The Focal Point is linked to the Head of
Facilitation Section.
At the March meeting of the IMO Facilitation Committee, FAL 34,
INTERCARGO and INTERTANKO presented a joint paper, with verbal support at
the meeting from ICS, inviting consideration of a proposal to create an IMO
"Stowaway Focal Point" (SFP). Subject to certain provisos, FAL 34 agreed in
principle that an SFP should be put in place for a one year trial period to offer
assistance in facilitating diplomatic assistance in order to assist the
disembarkation of stowaways in circumstances where existing processes have
been attempted but have not successfully resolved the problem.
In justifying this proposal, which had the primary intention of providing an
additional resource for owners and masters facing the difficult and trying
circumstances of attempting a timely and humanitarian repatriation of
stowaways, due credit was given to the existing processes. The role of P&I clubs,
flag states, and of the IMO and the United Nations High Commissioner for
Refugees (UNHCR) were commended as being particularly successful in resolving
most stowaway cases.
Encouraging Masters and Flag States to use the Stowaway Focal Point will
also be an encouragement to provide more statistical information and therefore a
more accurate indication of the scale of the problem.

STRUCTURE OF IMO IS AS SHOWN BELOW:-

The MSC is the highest technical body of the Organization. It consists of all
Member States. The functions of the Maritime Safety Committee are to ―consider
any matter within the scope of the Organization concerned with aids to
navigation, construction and equipment of vessels, manning from a safety
standpoint, rules for the prevention of collisions, handling of dangerous cargoes,
maritime safety procedures and requirements, hydrographic information, log-
books and navigational records, marine casualty investigations, salvage and
rescue and any other matters directly affecting maritime safetyǁ .

The Committee is also required to provide machinery for performing any duties
assigned to it by the IMO Convention or any duty within its cope of work which
may be assigned to it by or under any international instrument and accepted by
the Organization. It also has the responsibility for considering and submitting
recommendations and guidelines on safety for possible adoption by the
Assembly.

The expanded MSC adopts amendments to conventions such as SOLAS and

includes all Member States as well as those countries which are Party to
conventions such as SOLAS even if they are not IMO Member States.

The Maritime Safety Committee (MSC) is the highest technical body of the
International Maritime Organization (IMO). All Member States can sit on this
committee.

The functions of the Maritime Safety Committee are to consider any matter within
the IMO’s scope that is concerned with:
aids to navigation
construction and equipment of vessels
manning from a safety standpoint
rules for the prevention of collisions
handling of dangerous cargoes
maritime safety procedures and requirements
hydrographic information
log-books and navigational records
marine casualty investigations
salvage and rescue
ships and port security
piracy and any other matters directly affecting maritime safety.

The flag state of a commercial vessel is the state under whose laws the
vessel is registered or licensed. The flag state has the authority and responsibility
to enforce regulations over vessels registered under its flag, including those
relating to inspection, certification, and issuance of safety and pollution
prevention documents. As a ship operates under the laws of its flag state, these
laws are applicable if the ship is involved in an admiralty case.

The term "flag of convenience" describes the business practice of registering

a merchant ship in a state other than that of the ship's owners, and flying that
state's civil ensign on the ship. Ships are registered under flags of convenience to
reduce operating costs or avoid the regulations of the owner's country. Since the
Flag Right Declaration of 1921, it has been recognised that all states—including
land-locked countries—have a right to be a flag state. Because of the failure of
some flag states to comply with their survey and certification responsibilities,
especially flag-of-convenience states that have delegated their task to
classification societies, a number of states have since 1982 established Port State
Controls of foreign-registered ships entering their jurisdiction.

The Role of the Flag State at a Seagoing Ship is in principle simple. Every
ship needs to be registered somewhere. The management of that ships does this
registration in a country. This country becomes the flag state of that ship.With the
registration of the ship, that ship will receive a call sign and a radio station
license. At this point also the legislation on board of that ship will be the
legislation of that flag state.To make sure the flag state of the ship is visible to
everybody there has to be some marking done according the flag state legislation.
The home port has to be marked at the stern of the ship and safety equipment,
like buoys, life boats, life rafts.

Although the minimum legislation which involves the ships hull and
equipment is determined by the conventions which are organized by the IMO and
ILO, this will only be legislation on that ship if the flag state have implemented
those regulations. If the flag state ratified certain conventions, like SOLAS, then
this have to implemented in the flag state legislation also. Sometimes the
legislation from a flag is stricter then the conventions. This can be found back in
for example, fire fighting equipment or life buoys.Also the normal legislation like
for the behavior of the persons on board and the tax is per flag state and thus per
ship different.

The legislation outside of the ship are international legislation like

navigational laws. Also entering territorial waters of another port state can have
influence on the legislation on board of a ship. For example the exhaust gasses
produced by the engines has in some regions and port states stricter regulations
then the convention MARPOL annex VI.The minimum regulations from the IMO
and ILO conventions became international laws because the majority of IMO
members ratified these legislation and put it in their own law system.

Port State Control (PSC) is the inspection of foreign ships in other

national ports by PSC officers (inspectors) for the purpose of verifying that the
competency of the master and officers on board, and the condition of the ship and
its equipment comply with the requirements of international conventions (e.g.
SOLAS, MARPOL, STCW, etc.) and that the vessel is manned and operated in
compliance with applicable international law.
 The Fundamental aim of Port State Control is to eliminate Sub-standard
ships in order to ensure safer ships and cleaner oceans. The main philosophy to
the port state control is to identify sub-standard ships at any port and corrective
action taken before they are allowed to proceed to sail. Provision for control
emanates from the following IMO instruments:-
Reg. 19 - Chapter 1 of SOLAS Convention 1974 as amended.
International Convention of Load Line 1966 & its Protocol.
International Convention for Prevention of Marine Pollution from ships
(MARPOL) 73/78.
International Convention of STCW 1978 as amended.
International Regulations for preventing Collisions at sea (COLREG) 1972.

These provisions provide for control procedures to be followed by the

contracting Governments with regard to foreign flag vessels visiting their ports.
The effective use of the provisions enable the State Authorities in identifying Sub-
Standard Ships and ensuring that remedial measures are taken for the
deficiencies identified by them. Ships of the countries which are not party to the
various International Conventions can also be subjected to equivalent inspections
to ensure commensurate level of safety. The International Maritime Organization
(IMO) has adopted various Resolutions giving guidelines on such inspections. The
guidelines also provide that all possible efforts should be made to avoid a ship
being unduly detained or delayed. However, wherever necessary Sub-Standard
Ships are detained and corrective action taken before allowing them to sail out to
sea.

DIFFERENCE BETWEEN FLAG STATE AND PORT STATE

An State is called Flag State when the ships is registered in that country,
the ships carries this flag. The Port State is any State with an international port.
For example a ship is registered in Hong Kong and is in the port of Singapore. In
this example is Hong Kong the flag state and Singapore is the Port State.
Each member (=flag state) from the IMO who is the administration of a port state
has to install Port State officers. Those officers will inspect the ship according the
international legislation and not according the national legislation.
For example an inspector from the flag state Hong Kong will inspect a ship which
is in Singapore according the legislation of Hong Kong. So the inspection is
according the minimum regulations of the conventions which are ratified by Hong
Kong plus additional regulation of Hong Kong. The port state officer in Singapore
will look at all the conventions which are in force from the IMO and ILO. The port
state officer will not take the additional flag state legislation in consideration. If
for example Hong Kong didn’t ratified one of the conventions, the port state
officer still will look at this particular convention, while the flag state inspector will
not look at this convention.
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 international regulations and that the ship is manned and
operated in compliance with these rules.

Many of IMO's most important technical conventions contain provisions for ships
to be inspected when they visit foreign ports to ensure that they meet IMO
requirements.
These inspections were originally intended to be a back up to flag
State implementation, but experience has shown that they can be extremely
effective. The Organization adopted resolution A.682(17) on Regional co-
operation in the control of ships and discharges promoting the conclusion of
regional agreements. A ship going to a port in one country will normally visit
other countries in the region and it can, therefore, be more efficient if inspections
can be closely coordinated in order to focus on substandard ships and to avoid
multiple inspections.

This ensures that as many ships as possible are inspected but at the same
time prevents ships being delayed by unnecessary inspections. The primary
responsibility for ships' standards rests with the flag State - but port State control
provides a "safety net" to catch substandard ships.
Nine regional agreements on port State control - Memoranda of Understanding or
MoUs - have been signed:
Europe and the north Atlantic (Paris MoU);
Asia and the Pacific (Tokyo MoU);
• Latin America (Acuerdo de Viña del Mar);
Caribbean (Caribbean MoU);
West and Central Africa (Abuja MoU);
the Black Sea region (Black Sea MoU);
the Mediterranean (Mediterranean MoU);
the Indian Ocean (Indian Ocean MoU);
and the Riyadh MoU. The United States Coast Guard maintain the tenth PSC
regime.

As a master all relevant rules and regulations from codes and conventions to be
complied with before inspection of port state takes place followings are the critical
areas from various codes and conventions :-

AREAS UNDER THE SOLAS CONVENTION

1) Failure of proper operation of propulsion and other essential machinery, as well
as electrical installations.
2) Insufficient cleanliness of engine-room, excess amount of oily-water mixture in
bilges, insulation of piping including exhaust pipes in engine-room contaminated
by oil, and improper operation of bilge pumping arrangements.
3) Failure of the proper operation of emergency generator, lighting, batteries and
switches.
4) Failure of proper operation of the main and auxiliary steering gear.
5) Absence, insufficient capacity or serious deterioration of personal life-saving
appliances, survival craft and launching and recovery arrangements.
6) Absence, non-compliance or substantial deterioration to the extent that it
cannot comply with its intended use of fire detection system, fire alarms, fire-
fighting equipment, fixed fire-extinguishing installation, ventilation valves, fire
dampers, and quick-closing devices.
7) Absence, substantial deterioration or failure of proper operation of the cargo
deck area fire protection on tankers.
8) Absence, non-compliance or serious deterioration of lights, shapes or sound
signals.
9) Absence or failure of the proper operation of the radio equipment for distress
and safety communication.
10) Absence or failure of the proper operation of navigation equipment, taking the
relevant provisions of SOLAS regulation V/16.2 into account.
11) Absence of corrected navigational charts, and/or all other relevant nautical
publications necessary for the intended voyage, taking into account that
electronic charts may be used as a substitute for the charts.
12) Absence of non-sparking exhaust ventilation for cargo pump-rooms.
13) Serious deficiency in the operational requirements listed in appendix 7.
14) Number, composition or certification of crew not corresponding with safe
manning document.
15) Non-implementation or failure to carry out the enhanced survey programme
in accordance with SOLAS regulation XI-1/2 and resolution A.744(18), as
amended.
16) Absence or failure of a voyage data recorder (VDR), when its use is
compulsory.

AREAS UNDER THE IBC CODE

1) Transport of a substance not mentioned in the Certificate of Fitness or missing
cargo information.
2) Missing or damaged high-pressure safety devices.
3) Electrical installations not intrinsically safe or not corresponding to the Code
requirements.
4) Sources of ignition in hazardous locations.
5) Contravention of special requirements.
6) Exceeding of maximum allowable cargo quantity per tank.
7) Insufficient heat protection for sensitive products.
8) Pressure alarms for cargo tanks not operable.
9) Transport of substances to be inhibited without valid inhibitor certificate.

AREAS UNDER THE IGC CODE

1) Transport of a substance not mentioned in the Certificate of Fitness or missing
cargo information.
2) Missing closing devices for accommodations or service spaces.
3) Bulkhead not gastight.
4) Defective air locks.
5) Missing or defective quick-closing valves.
6) Missing or defective safety valves.
7) Electrical installations not intrinsically safe or not corresponding to the Code
requirements.
8) Ventilators in cargo area not operable.
9) Pressure alarms for cargo tanks not operable.
10) Gas detection plant and/or toxic gas detection plant defective.
11) Transport of substances to be inhibited without valid inhibitor certificate.

AREAS UNDER THE LOAD LINES CONVENTION

1) Significant areas of damage or corrosion, or pitting of plating and associated
stiffening in decks and hull affecting seaworthiness or strength to take local
loads, unless properly authorized temporary repairs for a voyage to a port
for permanent repairs have been carried out.
2) A recognized case of insufficient stability.
3) The absence of sufficient and reliable information, in an approved form,
which by rapid and simple means, enables the master to arrange for the
loading and ballasting of the ship in such a way that a safe margin of
stability is maintained at all stages and at varying conditions of the voyage,
and that the creation of any unacceptable stresses in the ship's structure
are avoided.
4) Absence, substantial deterioration or defective closing devices, hatch closing
arrangements and watertight/weathertight doors.
5) Overloading.
6) Absence of, or impossibility to read, draught marks and/or Load Line marks.

AREAS UNDER THE MARPOL CONVENTION, ANNEX I

1) Absence, serious deterioration or failure of proper operation of the oily-
water filtering equipment, the oil discharge monitoring and control system
or the 15 ppm alarm arrangements.
2) Remaining capacity of slop and/or sludge tank insufficient for the intended
voyage.
3) Oil Record Book not available.
4) Unauthorized discharge bypass fitted.
5) Failure to meet the requirements of regulation 20.4 or alternative
requirements specified in regulation 20.7.

AREAS UNDER THE MARPOL CONVENTION, ANNEX II

1) Absence of P and A Manual.
2) Cargo is not categorized.
3) No Cargo Record Book available.
4) Unauthorized discharge bypass fitted.

AREAS UNDER THE MARPOL CONVENTION, ANNEX V

1) Absence of the garbage management plan.
2) No garbage record book available.
3) Ship's personnel not familiar with disposal/discharge requirements of
garbage management plan.

AREAS UNDER THE MARPOL CONVENTION, ANNEX VI

1) Absence of valid IAPP Certificate and where relevant EIAPP Certificates and
Technical Files.
2) A marine diesel engine, with a power output of more than 130 kW, which is
installed on board a ship constructed on or after 1 January 2000, or a
 marine diesel engine having undergone a major conversion on or after 1
January 2000, which does not comply with the NOx Technical Code 2008.
3) The sulphur content of any fuel oil used on board ships exceeds the
following limits:
a. 4.5% m/m prior to 1 January 2012;
b. 3.5% m/m on and after 1 January 2012; and
c. 0.5% m/m on and after 1 January 2020*.
4) The sulphur content of any fuel used on board exceeds the following limits
while operating within a SOx emission control area:
a. 1.0% m/m on and after 1 July 2010; and
b. 0.1% m/m on and after 1 January 2015, respectively, as per the
amendments adopted by resolution MEPC.176(58).
5) An incinerator installed on board the ship on or after 1 January 2000 does
not comply with requirements contained in appendix IV to the Annex, or the
standard specifications for shipboard incinerators developed by the
Organization (resolutions MEPC.76(40) and MEPC.93(45)).
6) The master or crew are not familiar with essential procedures regarding the
operation of air pollution prevention equipment.

AREAS UNDER THE STCW CONVENTION

1) Failure of seafarers to hold a certificate, to have an appropriate certificate,
to have a valid dispensation or to provide documentary proof that an
application for an endorsement has been submitted to the Administration.
2) Failure to comply with the applicable safe manning requirements of the
Administration.
3) Failure of navigational or engineering watch arrangements to conform to
the requirements specified for the ship by the Administration.
4) Absence in a watch of a person qualified to operate equipment essential to
safe navigation, safety radiocommunications or the prevention of marine
pollution.
5) Inability to provide for the first watch at the commencement of a voyage
and for subsequent relieving watches persons who are sufficiently rested
and otherwise fit for duty.
6) Failure to provide proof of professional proficiency for the duties assigned to
seafarers for the safety of the ship and the prevention of pollution.
Areas which may not warrant a detention, but where, e.g. cargo operations
have to be suspended Failure of the proper operation (or maintenance) of inert
gas systems, cargo related gear or machinery should be considered sufficient
grounds to stop cargo operation.

AREAS UNDER MARITIME LABOUR CONVENTION

Regulation 1.1 – Minimum age
(Appendix A5-III –Minimum age)
Basic requirements
Ø Persons below the age of 16 shall not be employed or engaged or work on a
ship (Standard A1.1, paragraph 1).
Ø Seafarers under the age of 18 shall not be employed or engaged or work
where the work is likely to jeopardize their health or safety (Standard A1.1,
paragraph 4).
 Ø Special attention must be paid to the safety and health of seafarers under
the age of 18, in accordance with national laws and regulations (Standard
A4.3, paragraph 2(b)).
* Night work for seafarers under the age of 18 is prohibited, except to the extent
that an exemption has been made by the competent authority under Standard
A1.1, paragraph 3, in the case of training programmes (Standard A1.1, paragraph
2).
* ―Nightǁ is defined in accordance with national law and practice. It covers a
period of at least nine hours starting no later than midnight and ending no earlier
than 5 a.m.
(Standard A1.1, paragraph 2).
Sources of information
1) A crew list, a passport or other official document confirming seafarers’ birth
dates.
2) Work schedule with respect to seafarers under the age of 18 to determine
hours and nature of work
3) Information on types of work on board that have been identified as likely to
jeopardize the safety of seafarers under the age of 18.
4) Recent accident reports and safety committee reports to determine whether
seafarers under the age of 18 were involved.
5) Interviews, in private, with seafarers.

Examples of deficiencies
1) Person under the age of 16 working as a seafarer.
2) Seafarer under the age of 18 working at night (and not as part of a training
programme).
3) Seafarer under the age of 18 carrying out tasks that are likely to jeopardize
their safety or health.

Regulation 1.2 – Medical certificate

(Appendix A5-III – Medical certification)

Basic requirements
1) Seafarers are not allowed to work on a ship unless they are certified * as
medically fit to perform their duties (Regulation 1.2, paragraph 1).
2) For seafarers working on ships ordinarily engaged on international voyages
the certificate must be provided as a minimum in English (Standard A1.2,
paragraph 10).
3) The medical certificate must have been issued by a duly qualified medical
practitioner and must still be valid (Standard A1.2, paragraphs 1 and 4).
4) The period of validity** for a certificate is determined under the national
law of the flag State in accordance with the following:
a. two-year maximum for medical certificates except for seafarers under
18; then it is one year (Standard A1.2, paragraph 7(a));
b. six-year maximum for a colour vision certificate (Standard A1.2,
paragraph 7(b)).

* Certificates issued in accordance with, or meeting the substance of the

applicable requirements, under the International Convention on
Standards of Training, Certification and Watchkeeping for Seafarers,
1978 (STCW), as amended, are to be accepted as meeting these
requirements (Standard A1.2, paragraph 3).
** The above requirements should be read in light of the following provisions of
the MLC, 2006:
8) In urgent cases the competent authority may permit a seafarer to work
without a valid medical certificate until the next port of call where the seafarer
can obtain a medical certificate from a qualified medical practitioner, provided
that:
(a) the period of such permission does not exceed three months; and
(b) the seafarer concerned is in possession of an expired medical certificate
of recent date (Standard A1.2, paragraph 8).
9) If the period of validity of a certificate expires in the course of a 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 (Standard A1.2, paragraph 9).
Sources of information
Ø The crew list.
Ø The medical certificates.
Ø Colourvision certificates, where appropriate.
Ø Work schedules and interviews, in private, with seafarers to determine that
medical restrictions on work for individual seafarers are being respected and
that seafarers are not assigned to, or carrying out, work contrary to these
restrictions.
Ø The authorization or permit (subject to a maximum validity of three
months) where the competent authority of the flag State has permitted a
seafarer to work without a valid, or with an expired, certificate in urgent
cases.

Examples of deficiencies
Ø Seafarer on board without a valid medical or colour vision certificate (where
appropriate) or authorization from the competent authority in urgent cases.
Ø Seafarer working on the ship or performing tasks contrary to a restriction
on a medical certificate.
Ø Seafarer’s medical certificate not in the English language on a ship
ordinarily engaged in international voyages.
Ø A medical certificate that has not been issued by a duly qualified medical
practitioner.

Regulation 1.3 – Training and qualifications

(Appendix A5-III – Qualifications of seafarers)
Basic requirements
Ø Seafarers must be trained or certified * as competent or otherwise qualified
to perform their duties in accordance with flag State requirements
(Regulation 1.3, paragraph 1).
Ø Seafarers must have successfully completed training for personal safety on
board ship (Regulation 1.3, paragraph 2).
* Training and certification in accordance with the International
Convention on Standards of Training, Certification and Watchkeeping for
Seafarers, 1978 (STCW), as amended, is to be accepted as meeting these
requirements.

Sources of information
Ø Minimum Safe Manning Document (SMD) to verify the required
qualifications of the seafarers.
Ø Certificates and endorsements for STCW personnel confirming seafarers’
competency with respect to their duties (as well as the crew list to
determine duties).
Ø Documentary evidence (from a shipowner or, if relevant to the position
concerned, a national authority or otherwise) confirming that seafarers have
any qualifications that may be required under the MLC, 2006, for those
performing other duties on board ship (for example, ships’ cooks – see
below, Regulation 3.2).
Ø Evidence confirming that seafarers have successfully completed training for
personal safety on board ship.
Ø Appropriate training material that is available to the crew.
Ø Interviews, in private, with seafarers to confirm training.

Examples of deficiencies
Ø Seafarer’s qualifications not in accordance with the SMD.
Ø Seafarer working on the ship who is not trained or certified or
otherwise qualified to perform required duties.
Ø Certificates or endorsements are not up to date or have expired.
Ø Seafarer working on the ship who has not successfully completed personal
safety training.
Ø Absence of a valid dispensation issued under STCW, where needed.

Regulation 1.4 – Recruitment and placement

(Appendix A5-III – Use of any licensed or certified or
regulated private recruitment and placement service)

Basic requirements
Ø Where a shipowner has used a private seafarer recruitment and placement
service it must be licensed or certified or regulated in accordance with the
MLC, 2006 (Standard A1.4, paragraph 2).
Ø Seafarers shall not be charged for use of these services (Standard A1.4,
paragraph 5(b)).
Ø Shipowners using services based in States not party to the MLC, 2006, must
ensure, as far as practicable, that these services meet the requirements of
the MLC, 2006 (Standard A1.4, paragraph 9).

Sources of information
Ø National web sites of the competent authority regarding the licensing or
regulation of seafarer recruitment and placement services (manning
agencies).
 Ø If seafarers were engaged through a seafarer recruitment and placement
service based in a country that has not ratified the MLC, 2006,
documentation should be available to show that the shipowner has, as far
as practicable, verified through a proper system that the service is operated
consistently with the MLC, 2006. The shipowner’s system may, for example,
take account of information collected by the flag State, as well as any audits
or certifications concerning the quality of services operating in countries
that have not ratified the MLC, 2006. Other evidence which shipowners
could provide might be checklists against the MLC requirements or an RO
audit of a recruitment and placement service based in a country that has
not ratified the MLC, 2006.
Ø Interviews, in private, with seafarers to determine that they have not paid a
fee or other charge to a recruitment or placement service and have been
informed of their rights and duties.
Ø Interviews, in private, with seafarers to determine that the recruitment and
placement service used does not operate a blacklist.

Examples of deficiencies
Ø No documentary evidence available to indicate that the service or agency is
operated in accordance with the MLC, 2006.
Ø A seafarer who was recruited through a private seafarer recruitment and
placement service that was not licensed or certified or regulated in
accordance with the MLC, 2006, or whose license or certificate or any other
similar document is no longer valid.
Ø Use of a private recruitment and placement service requiring the seafarer to
pay a fee or other charge for employment services.
Ø A seafarer working on board who was recruited by a recruitment and
placement service operating in a State which is not party to the MLC, 2006,
in cases where the shipowner cannot support its conclusion of consistency
with the MLC, 2006.

Regulation 2.1 – Seafarers’ employment agreements

(Appendix A5-III – Seafarers’ employment agreements)

Basic requirements
Ø All seafarers must have a copy of their seafarers’ employment agreement
(SEA) signed by both the seafarer and the shipowner or shipowner’s
representative (or other evidence of contractual or similar arrangements)
(Standard A2.1, paragraph 1(a)).
Ø A SEA must, at a minimum, contain the matters set out in Standard A2.1,
paragraph 4(a)–(k) of the MLC, 2006 (Standard A2.1, paragraph 4).
Ø Seafarers must also be given a document containing a record of their
employment on the ship (such as a discharge book) (Standard A2.1,
paragraph 1(e)).
Ø Where a collective bargaining agreement forms all or part of the SEA, the
agreement must be on board the ship with relevant provisions in English
(except for ships engaged only in domestic voyages) (Standard A2.1,
paragraph 2).
Sources of information
 Ø A copy of the SEA (or other evidence of contractual or similar
arrangements) and any applicable collective bargaining agreements for
seafarers and, at a minimum, a standard form of the SEA (in English) for
the ship.
Ø Evidence, where possible, given the timing of the inspection relative to
employment period, of possession by seafarers of a record of their
employment.
Ø Seafarers’ records of employment to determine that they do not contain
statements as to the quality of their work or as to their wages.
Ø Interviews, in private, with seafarers to confirm that, on signing a SEA, they
were given an opportunity to examine and seek advice and freely accepted
the agreement before signing.

Examples of deficiencies
Ø A seafarer without a SEA (or other evidence of contractual or
similar arrangements) working on the ship.
Ø A seafarer, with a SEA that does not contain all the items in Standard A2.1,
paragraph 4(a)–(k).
Ø A seafarer with a SEA that is inconsistent with the national requirements of
the flag State.
Ø No system or provisions for seafarers to have their employment recorded.
Ø Seafarers are not given a record of their employment on the ship on
completion of engagement.
Ø A collective bargaining agreement that forms all or part of the SEA is either
not on board or, if on board, not in English on a ship that engages in
international voyages.
Ø Standard form SEA is not in English.
Ø The SEA contains clauses that violate seafarers’ rights.

Regulation 2.2 – Wages

(Appendix A5-III – Payment of wages)

Basic requirements
Ø Seafarers must be paid at no greater than monthly intervals and in full for
their work in accordance with their employment agreements (Regulation
2.2, paragraph 1; Standard A2.2, paragraph 1).
Ø Seafarers are entitled to an account each month indicating their monthly
wage and any authorized deductions such as allotments (Standard A2.2,
paragraphs 2, 3 and 4).
Ø No unauthorized deductions, such as payments for travel to or from the
ship (Regulation 2.2, paragraph 1).
Ø Charges for remittances/allotment* transmission services must be
reasonable and exchange rates in accordance with national requirements
(Standard A2.2, paragraph 5).
* An allotment is an arrangement whereby a proportion of seafarers’ earnings are
regularly remitted, on their request, to their families or dependants or legal
beneficiaries whilst the seafarers are at sea (Standard A2.2, paragraphs 3 and 4).
Sources of information
The SEA and documentation, such as the payroll records to confirm that wages
are being paid at intervals no greater than one month as specified in their SEA or
relevant collective agreements.
Ø Relevant documents showing service charges and exchange rates applied to
any remittances made to the seafarers’ families or dependants or legal
beneficiaries at their request.
Ø Relevant documents to confirm the payment of wages including the
requirement that a monthly account (such as a wage slip) is provided to the
seafarers. Copies of individual accounts should be available to PSCOs at
their request.
Ø Interviews, in private, with seafarers to confirm compliance with
requirements on the payment of wages.
Examples of deficiencies
Ø A seafarer is not paid regularly (at least monthly) and in full in accordance
with the SEA or collective bargaining agreement.
Ø A seafarer is not given a monthly account (such as a wage slip) of wages.
Ø Allotments are not being paid or are not being paid in accordance with the
seafarer’s instructions.
Ø Charge for converting and transmitting currencies is not in line with national
requirements.
Ø More than one set of wage accounts is in use.

Regulation 2.3 – Hours of work and hours of rest

(Appendix A5-III – Hours of work or rest)

Basic requirements
Ø The minimum hours of rest * must not be less than ten hours in any 24-
hour period, and 77 hours in any seven-day period, if the relevant national
law relates to hours of rest, or, if the relevant national law relates to hours
of work, the maximum hours of work ** must not exceed 14 hours in any
24-hour period and 72 hours in any sevenday period (Standard A2.3,
paragraph 5, as implemented in national standards). ***
Ø Hours of rest may be divided into no more than two periods, one of which
must be at least six hours; the interval between consecutive periods of rest
must not exceed 14 hours (Standard A2.3, paragraph 6, as implemented in
the national standards). ***
Ø Account must be taken of the danger posed by the fatigue of seafarers
(Standard A2.3, paragraph 4).* Hours of work means time during which
seafarers are required to do work on account of the ship (Standard A2.3,
paragraph 1( a)). ** Hours of rest means time outside hours of work; this
term does not include short breaks (Standard A2.3, paragraph 1(b)).
***With respect to the national standards implementing Standard A2.3:
Standard A2.3, paragraph 3, provides that ―Each Member acknowledges
that the normal working hours’ standard for seafarers, like that for other
workers, shall be based on an eight-hour day with one day of rest per week
and rest on public holidays. However, this shall not prevent the Member
from having procedures to authorize or register a collective agreement
which determines seafarers’ normal working hours on a basis no less
favourable than this standard.ǁ
 Ø Standard A2.3, paragraph 7, provides that ―Musters, firefighting and
lifeboat drills, and drills prescribed by national laws and regulations and by
international instruments, shall be conducted in a manner that minimizes
the disturbance of rest periods and does not induce fatigue.ǁ
Ø Standard A2.3, paragraph 8, provides that ―When a seafarer is on call, such
as when a machinery space is unattended, the seafarer shall have an
adequate compensatory rest period if the normal period of rest is disturbed
by call-outs to work.ǁ
Ø Standard A2.3, paragraph 13, provides that ―Nothing in paragraphs 5 and 6
of this Standard shall prevent a Member from having national laws or
regulations or a procedure for the competent authority to authorize or
register collective agreements permitting exceptions to the limits set out.
Such exceptions shall, as far as possible, follow the provisions of this
Standard but may take account of more frequent or longer leave periods or
the granting of compensatory leave for watchkeeping seafarers or seafarers
working on board ships on short voyages.ǁ

Sources of information
Ø An approved standardized table of shipboard working arrangements setting
out the national requirements for maximum hours of work or the minimum
hours of rest and the schedule for service at sea and in port, which should
be posted in an easily accessible place on the ship (the table of working
arrangements or schedule in the working language or languages of the ship
and in English).
Ø Documents (the SEA or the relevant collective agreement and other
documents, such as the bridge and engine room logbooks, that can also be
checked) to confirm compliance with the basic requirements concerning
minimum hours of rest or maximum hours of work.
Ø A table of working arrangements or schedule in the working language or
languages of the ship and in English.
Ø Up to date records of work or rest, as required under national standards, for
each seafarer serving on the ship.
Ø Cases of seafarer fatigue, possibly indicated by hours of work that are
consistently at the upper limits and by other contributory factors, such as
disrupted rest periods; or cases of seafarers showing symptoms such as
lack of concentration, irrelevant and inconsistent replies to questions,
yawning and slow reaction times.

Examples of deficiencies
Ø A seafarer’s work schedule does not conform to the applicable standards.
Ø Table of working arrangements is not posted or does not contain required
information.
Ø Table of working arrangements is not in English and the working
language(s) of the ship.
Ø Records of work or rest are not available or are not maintained.
Ø Evidence of exceeding the limits of work and no record of suspension of the
schedule, in accordance with Standard A2.3, paragraph 14, has been noted
in a logbook or other document.
Regulation 2.7 – Manning levels
(Appendix A5-III – Manning levels for the ship)

Basic requirements
Ø 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 fatigue and
the particular nature and conditions of voyage (Regulation 2.7).
Ø Ships as a minimum must comply with the manning levels as stated in the
SMD or equivalent issued by the competent authority (Standard A2.7,
paragraph 1).
Sources of information
Ø SMD or applicable equivalent.
Ø Crew list to ascertain number, category (such as cooks and those
responsible for food preparation and those who are responsible for medical
care) and qualifications of seafarers working on board.
Ø On-board table of working arrangements to confirm that safe manning
requirements are being implemented.
Ø Interviews, in private, with seafarers to confirm that requirements are met.
Examples of deficiencies
Ø Numbers and/or categories of seafarers working on board does not comply
with at least the minimum specified in the SMD.
Ø No SMD or equivalent on board.

Regulation 3.1 – Accommodation and recreational facilities

(Appendix A5-III – Accommodation)
(Appendix A5-III – On-board recreational facilities)

Basic requirements
Ships must be in compliance with the minimum standards established by the MLC,
2006, providing and maintaining decent accommodation and recreational facilities
for seafarers working or living on ships, or both, consistent with promoting
seafarers’ health and well-being (Regulation 3.1, paragraph 1).
Ø Seafarer accommodation must be safe and decent and must meet national
requirements implementing the MLC, 2006 (Standard A3.1, paragraph 1).
Ø Frequent inspections of seafarer accommodation areas are carried out by
the master or a designate (Standard A3.1, paragraph 18) and are recorded
and the records are available for review.
* Note: For ships that were in existence before entry into force of the MLC, 2006,
for the flag State:
These ships may still be inspected in connection with seafarer’s
accommodation and recreational facilities to verify that the ship meets the
standards set out in ILO Conventions Nos 92, 133 or 147 (if applicable
in the flag State) (Regulation 3.1, paragraph 2); and/or
Ø Provides and maintains decent accommodation and recreational facilities for
seafarers working or living on board, or both, consistent with promoting the
seafarers’ health and well-being (Regulation 3.1, paragraph 1).
Sources of information
 Ø The construction plan of the ship showing dimensions and identifying the
use to be made of each room or other area.
Ø The crew list for a comparison with the number of sleeping rooms and
berths.
Ø Visual observation of seafarers’ on-board accommodation and recreational
facilities with particular attention paid to the following requirements in the
MLC, 2006:
Ø General requirements (Standard A3.1, paragraph 6);
Ø the size of rooms and other accommodation spaces (Standard A3.1,
paragraphs 9 and 10);
Ø heating and ventilation (Standard A3.1 paragraph 7);
Ø noise and vibration and other ambient factors (Standard A3.1, paragraph
6(h));
Ø sanitary and related facilities (Standard A3.1, paragraphs 11 and 13);
Ø lighting (Standard A3.1, paragraph 8);
Ø hospital accommodation (Standard A3.1, paragraph 12);
Ø recreational facilities (Standard A3.1, paragraphs 14 and 17);
Ø occupational safety and health and accident prevention requirements on
ships, in light of the specific needs of seafarers who both live and work on
ships (Standard A3.1, paragraphs 2(a) and 6(h)).
Ø The on-board records to confirm that frequent inspections are carried out by
or under the authority of the ship’s master as well as for ships that carry a
Maritime Labour Certificate, the DMLC Part II to check that other
inspections or actions provided for in the shipowners’ approved measures
have been carried out.
Ø Evidence that measures are being taken on the ship to monitor noise and
vibration levels in seafarers’ working and living areas.
Examples of deficiencies
Ø Location of sleeping rooms on the ship does not conform to national
standards implementing the MLC, 2006.
Ø Number and/or size (including height) of sleeping rooms does not conform
to national standards implementing the MLC, 2006.
Ø More than one seafarer per berth.
Ø Recreational facilities do not conform to national standards implementing
the MLC, 2006.
Ø Heating, lighting or ventilation is inadequate or not functioning correctly.
Ø Fittings and fixtures within seafarer accommodation areas, including the
hospital, mess rooms and recreational rooms, do not conform to national
standards implementing the MLC, 2006.
Ø Separate sleeping rooms are not provided for males and females.
Ø Separate sanitation facilities are not provided for males and females.
Ø Sanitary facilities are inadequate or not functioning.
Ø Hospital is being used to accommodate persons who are not sick.
Ø Seafarer accommodation or recreational facilities are not being maintained
in a clean and tidy condition.
Ø Regular inspections of seafarer accommodation are not being carried out by
the master or another designated person.
Ø Laundry facilities are inadequate or not functioning correctly.
 Ø Exposure to hazardous levels of noise and vibration and other ambient
factors and chemicals in the seafarer accommodation or recreational or
catering facilities.

Regulation 3.2 – Food and catering

(Appendix A5-III – Food and catering)

Basic requirements
Ø Food and drinking water must be of appropriate quality, nutritional value
and quantity, taking into account the requirements of the ship and the
differing cultural and religious backgrounds of seafarers on the ship
(Regulation 3.2, paragraph 1).
Ø Food is to be provided free of charge to seafarers during the period of
engagement (Regulation 3.2, paragraph 2).
Ø Seafarers employed as ships’ cooks * with responsibility for preparing food
must be trained and qualified for their positions (Standard A3.2, paragraph
3).
Ø Seafarers working as ships’ cooks must not be under the age of 18
(Standard A3.2, paragraph 8).
Ø Frequent and documented inspections of food, water and catering facilities
must be carried out by the master or a designate (Standard A3.2,
paragraph 7).* ―Ships’ cookǁ means a seafarer with responsibility for food
preparation (Regulation 3.2, paragraph 3; Standard A3.2, paragraphs 3 and
4).
Sources of information
Ø Documents (see Regulation 1.1 on minimum age) to confirm that the ship’s
cooks are 18 years old or older and that the ship’s cooks are trained,
qualified and competent for their positions in accordance with national
requirements. In cases where a fully qualified cook is not required,
evidence that seafarers processing food in the galley are trained or
instructed in food and personal hygiene and handling and storage of food
on board ships.
Ø On-board records to confirm that frequent and documented inspections are
made of:
o supplies of food and drinking water;
o spaces used for handling and storage of food;
o galleys and other equipment used in the preparation and service of
meals.
o Visual observation of catering facilities, including galleys and
storerooms, to check that they are hygienic and fit for purpose.
Ø Evidence concerning how drinking water quality is monitored and the results
of such monitoring.
Ø Menu plans together with visual observation of food supplies and storage
areas to ensure that the food supplied is of an appropriate quality (for
example, not out of date) and quantity and nutritional value and is varied in
nature.
Ø Interviews, in private, with a representative number of seafarers to ensure
that seafarers are not charged for food and are provided with drinking water
and that food and drinking water is of appropriate quality and quantity.
Examples of deficiencies
Ø Food and drinking water are not of appropriate quality, nutritional value and
quantity, for the seafarers on the ship.
Ø Seafarer is charged for food and/or is not provided with drinking water.
Ø Seafarer who has responsibility for preparing food is untrained or not
instructed as required.
Ø Ship’s cook is not trained and qualified.
Ø Ship’s cook is under the age of 18.
Ø Frequent and documented inspections of the food or water, or of the
preparation, storage or handling areas, are not being carried out.
Ø Catering facilities are not hygienic or are otherwise unfit for their purpose.

Regulation 4.1 – Medical care on board ship and ashore

(Appendix A5-III – On-board medical care)
Basic requirements
Ø Seafarers must be covered by adequate measures for the protection of their
health and have access to prompt and adequate medical care, including
essential dental care, whilst working on board (Regulation 4.1, paragraph 1;
Standard A4.1, paragraph 1).
Ø Health protection and care are to be provided at no cost to the seafarer, in
accordance with national law and practice (Regulation 4.1, paragraph 2).
Ø Shipowners are to allow seafarers the right to visit a qualified medical
doctor or dentist without delay in ports of call, where practicable (Standard
A4.1, paragraph 1(c)).
Note: Port States are required to ensure that seafarers on board ships in
their territory who are in need of immediate medical care are given access
to the port State’s medical facilities on shore (Regulation 4.1, paragraph 3).

Sources of information
Ø Documents (such as the SEA) to confirm that, to the extent consistent with
the flag State’s law and practice, medical care and health protection
services while seafarers are on board ship or landed in a foreign port are
provided free of charge to seafarers (Standard A4.1, paragraph 1(d)).
Ø Documents (such as the SEA) to confirm that seafarers are given the right
to visit a qualified medical doctor or dentist without delay in ports of call,
where practicable (Standard A4.1, paragraph 1(c)).
Ø The DMLC Part II to check what provision the shipowner has made for
access to medical facilities ashore.
Ø Records and equipment to confirm that general provisions on occupational
health protection and medical care are being observed (Standard A4.1,
paragraph 1(a)).
Ø Visual observation to confirm that the ship is equipped with sufficient
medical supplies including a medicine chest and equipment, including either
the most recent edition of the International Medical Guide for Ships or a
medical guide as required by national laws and regulations.
Ø Documents (such as the SMD and crew list) to confirm that:
A qualified medical doctor is working on board (in the case of ships that
carry 100 or more people and that are ordinarily engaged in voyages of
more than three days’ duration); or
 Ø where ships are not required to carry a medical doctor, they have at least
one seafarer on board (who is trained and qualified to the requirements of
STCW) to be in charge of medical care or is competent to provide medical
first aid as part of their regular duties.
Ø Evidence that medical report forms are carried on board the ship.
Ø Interviews, in private, with a representative number of seafarers to confirm
that seafarers have access to medical care on board without charge and are
given leave to obtain medical and dental care services when calling in a
port, where practicable.
Ø Evidence that procedures are in place for radio or satellite communications
for medical assistance.

Examples of deficiencies
Ø A seafarer working on the ship is denied, without justification, shore leave
by the master and/or shipowner to go ashore for medical or dental care
Ø A seafarer is not provided with appropriate health protection and medical
care on board ship.
Ø Medical personnel, with appropriate qualifications, as required by national
laws or regulations, are not on board.
Ø Medical chest or equipment does not meet national standards and/or no
medical guide is on board.
Ø No medical report forms are on board.
Ø There is evidence that a seafarer is being charged for medical or dental care
contrary to national law or practice.

Regulation 4.3 – Health and safety protection and accident prevention

(Appendix A5-III – Health and safety and accident prevention)

Basic requirements
Ø The working, living and training environment on ships must be safe and
hygienic and conform to national laws and regulations and other measures
for occupational safety and health protection and accident prevention on
board ship. Reasonable precautions are to be taken on the ships to prevent
occupational accidents, injuries and diseases including risk of exposure to
harmful levels of ambient factors and chemicals as well as the risk of injury
or disease that may result from the use of equipment and machinery on the
ship (Standard A4.3, paragraph 1(b)).
Ø Ships must have an occupational safety and health policy and programme
to prevent occupational accident injuries and diseases, with a particular
concern for the safety and health of seafarers under the age of 18
(Standard A4.3, paragraphs 1(c) and 2(b)).
Ø A ship safety committee, that includes participation by the seafarer safety
representative, is required (for ships with five or more seafarers) (Standard
A4.3, paragraph 2(d)).
Ø Risk evaluation is required for on-board occupational safety and health
management (taking into account relevant statistical data) (Standard A4.3,
paragraph 8).

Sources of information
 Ø Relevant documents, such as the on-board occupational accident reports,
and the reports of risk evaluations undertaken for the management of
occupational safety and health on the ship.
Ø Documents evidencing membership and meetings of the safety committee
(e.g. records and minutes of the meetings, etc.) if the ship has more than
five seafarers.
Ø Documents related to the ship’s on-board ongoing occupational safety and
health policy and programme, to confirm that:
Ø It is available to seafarers;
Ø It is consistent with national provisions;
Ø It includes risk evaluation, training and instruction for seafarers;
Ø It pays special attention to the health and safety of young seafarers;
Ø Adequate preventive measures are being taken;
Ø Appropriate personal protective equipment is being used and maintained
correctly.
Ø Relevant occupational safety and health and accident prevention notices
and official instructions with respect to particular hazards on the ship, which
should be posted on the ship in a location that will bring it to the attention
of seafarers (Standard A4.3, paragraph 7).
Ø Evidence that appropriate protective equipment is available for seafarers to
use.
Ø Evidence that a reporting procedure for occupational accidents is in place.
Ø Interviews, in private, with a representative number of seafarers to confirm
on-board occupational safety and health programmes and practices.
Ø Evidence that, with respect to health and safety protection and accident
prevention, special consideration is given to any national requirements, if
applicable, covering:
o The structural features of the ship, including means of access and
asbestos-related risks;
o machinery;
Ø The effects of the extremely low or high temperature of any surfaces
with which seafarers may be in contact;
Ø The effects of noise in the workplace and in shipboard accommodation;
Ø The effects of vibration in the workplace and in shipboard accommodation;
Ø The effects of ambient factors (other than noise and vibration) in the
workplace and in shipboard accommodation, including tobacco smoke;
Ø Special safety measures on and below deck;
Ø Loading and unloading equipment;
Ø Fire prevention and firefighting;
Ø Anchors, chains and lines;
Ø Dangerous cargo and ballast;
Ø Personal protective equipment for seafarers;
Ø Work in enclosed spaces;
Ø Physical and mental effects of fatigue;
Ø The effects of drug and alcohol dependency;
Ø HIV/AIDS protection and prevention;
Ø Emergency and accident response.

Examples of deficiencies
 Ø Conditions exist on board which may impair efforts to prevent accidents.
Ø No evidence of an on-board policy and/or programmes for the prevention of
occupational accidents, injuries and diseases.
Ø No established or functioning ship’s safety committee when there are five or
more seafarers working on board.
Ø Personal protective equipment is in poor condition or being incorrectly used
or not being used.
Ø Risk assessments are missing.
Ø Seafarers are unaware of the measures adopted by the management to
provide OSH and to prevent accidents.
Ø Risks posed to young seafarers have not been addressed.
Ø Occupational accidents are not being investigated or reported in accordance
with the ship’s procedures.

Regulation 5.1.5 – On-board complaint procedures

(Appendix A5-III – On-board complaint procedures)
Basic requirements
Ø Ships must have on-board procedures for the fair, effective and expeditious
handling of seafarer complaints alleging breaches of the requirements of the
MLC, 2006 (including seafarers’ rights) (Regulation 5.1.5, paragraph 1).
Ø All seafarers must be provided with a copy of the on-board complaint
procedures applicable on the ship (Standard A5.1.5, paragraph 4). This
should be in the working language of the ship (Standard A5.1.5, paragraph
4).
Ø Victimization of seafarers for filing complaints under the MLC, 2006, is
prohibited (Regulation 5.1.5, paragraph 2). Sources of information
Ø The document outlining the on-board complaint procedures to confirm that
the procedures are functioning on the ship, particularly with respect to the
right of representation, the required safeguards against victimization and
the ability of seafarers to complain directly to the ship’s master or to an
external authority.
Ø Interviews, in private, with a representative number of seafarers to confirm
that they are given a copy of the on-board complaint procedures in the
working language of the ship, that they are able to complain directly to the
ship’s master or an external authority and that there is no victimization

Examples of deficiencies
Ø No document setting out the on-board complaint procedures.
Ø Ship’s on-board complaint procedures are not operating.
Ø Victimization of a seafarer for making a complaint.
Ø Seafarer is not provided with a copy of the ship’s on-board complaint
procedures in the working language of the ship.
(A) MASTER’S AUTHORITY AS PER ISM CODE
Apart from the roles and responsibilities of the Master that we all are aware of,
the ISM Codeimposes even more duties and responsibilities on the Master:
Ø Implementing the safety and environment protection policy of the
Company.
Ø Motivating the crew in the observation of that policy.
Ø Issuing orders and instructions in a clear and simple manner.
Ø Verifying that specified requirements are observed.
Ø Reviewing the SMS and reporting its deficiencies to the shore based
management.
One important aspect to understand is that the Master still remains in
command and the requirements of the ISM Code do not override that position.
The Master holds one of the most important roles within the SMS of the ISM
Code. Unless the Master can motivate his officers and crew to actually implement
the SMS and allow it to function as it was intended, then the whole project will be
nothing more than a few thousand words on pieces of paper in procedures
manuals – but there will be no SMS.
What a Master is required to do is to have a good contemporaneous
documented evidence of a fully functional SMS that will include details all reports
of accidents, non-conformities and hazardous occurrences, details of safety
meetings on board, training and familiarization on board and communications
with the DP.

SHIP INSPECTION REPORT PROGRAMME (SIRE)

The Objectives of Vetting
The overall aim is to increase safety at sea and to decrease pollution. The
following issues are part of the broader perspective of ship vetting:
Ø To check whether the ship complies in every respect with international
legislation and with certain industrial standards
Ø To avoid major oil pollution cases because it damages the reputation of oil
companies and it involves enormous financial responsibilities.
Ø At the same time, the environment is better protected. To increase safety
on board as well as to better the safety management of a companyO To
decrease the danger of explosion and/or fire and the ensuing damages for
the terminal installation and its surroundings
Ø To ensure that cargo is not carried on substandard ships
Ø There are too many implications if the cargo is damaged or lost due to
substandard vessels, owners, operators or managers.

Ship Inspection Report Programme (SIRE)

Ship Inspection Report Programme (SIRE) is a project worked out by OCIMF
and concerns the transport of oil by sea.
 Ø With a significant increase in ship inspection activity, OCIMF members with
ship vetting programmes recognised that duplication of ship inspections was
occurring and occasionally several inspectors from oil companies, and
indeed from other organisations such as Port State Control and insurance
interests, had been on board the ship at the same time seeking to carry out
inspections.
Ø Clearly, apart from the sheer inefficiency of this activity, ship staff was put
under considerable stress at times when the ship was busy in port, probably
loading or discharging.
Ø OCIMF members also recognised that it would be impossible for individual
companies to maintain up-to-date inspection reports on every ship that was
potentially of interest to them and that some system of sharing inspection
reports was necessary.
Ø This combination of circumstances led to the development of the SIRE
programme that was launched in November 1993. The original SIRE
programme consisted of a database comprising OCIMF member company's
inspection reports compiled according to each company's individual
inspection procedures.
Ø The SIRE report itself contained only that information that had been
submitted by the inspecting company and neither the report nor OCIMF
provided any conclusion, rating or recommendation as to the suitability of
the ship. A key feature of SIRE is that membership is entirely voluntary.

(C) IACS (INTERNATIONAL SOCIETY OF CLASSIFICATION SOCIETIES)

Dedicated to safe ships and clean seas, IACS makes a unique contribution
to maritime safety and regulation through technical support, compliance
verification and research and development. More than 90% of the world's cargo
carrying tonnage is covered by the classification design, construction and
through-life compliance Rules and standards set by the ten Member Societies and
one Associate of IACS.

The 10 members of IACS are: ABS, BV, CCS, DNV, GL, KR, LR, NK, RINA,
and RS.IACS common structural rules
On 14 December 2005 the Common Structural Rules (CSR) for Tankers and
Bulk Carriers were unanimously adopted by the IACS Council for implementation
on 1 April 2006. The Council was satisfied that the new rules have been based on
sound technical grounds, and achieve the goals of more robust and safer ships.
IACS now implements the CSR maintenance program (IACS Procedural
Requirement No.32) via the IACS CSR Knowledge Centre (KC). All the agreed
Q&As and CIs (Common Interpretations) are published on the IACS web site
without delay in order to assist its Member Societies and Industry in
implementing the CSR in a uniform and consistent manner. IACS has also put in
place a long-term plan to further increase the harmonisation between the Tanker
and Bulk Carrier rule sets.
 DGS:ASM PAPERS DATE MARCH’16

1b) The documentary credit system has been a cornerstone of international

trade for over a century. This system continues to play a critical role in world
trade today. For any company entering into the international market,
documentary credit system is an important payment mechanism, which will help
to eliminate risks in international trade. At least 60 percent of commodity trading
is conducted through documentary credit system.

The documentary credit system was developed to include a measure of security to

trade transactions, mainly between buyers and sellers from different countries,
and to put sufficient pressure in case of any violation or non-performance to the
trade contract. The documentary credit system calls for the involvement of a third
party, which is the bank. The bank provides additional security for both parties; it
plays the role of an intermediary, by assuring the seller that he will be paid if he
provides the bank with the required documents, and by assuring the buyer that
his money will not be paid unless the shipping documents evidencing proper
shipment of his goods are presented . Their popularity in international commerce
has led judges to describe them as the „life blood of international commerce‟ .

DOCUMENTARY CREDIT SYSTEM :

A documentary credit system normally operates as follows, assuming the

underlying transaction is one of sale:

1) The seller and the overseas buyer agree in the contract of sale that
payment shall be made under a documentary credit.
2) The buyer (applicant for the credit) requests a bank in his own country (the
issuing bank) to open a documentary credit in favour of the seller (the
beneficiary) on the terms specified by the buyer.
3) The issuing bank opens credit in favour of the beneficiary, if the specified
documents are duly tendered and other terms and conditions of the credit
are followed.
4) The issuing bank may open the credit by sending it direct to the seller or as
happens in most cases, the issuing bank may arrange for a bank in the
seller‟s country (the advising or correspondent bank) to advise the seller
that the credit has been opened.
5) The issuing bank may ask the advising bank to add its confirmation to the
credit. If the bank agrees to add its confirmation, and it may be under no
obligation to do so, the advising bank (confirming bank) gives the seller a
separate payment undertaking in terms similar to that given by the issuing
bank and the seller benefits from having the payment obligation localised in
his own country.
6) The seller ships the goods and tenders the required documents to the
advising bank. If the documents conform to the terms of the credit, the
advising bank will pay the contract price and seek reimbursement from the
issuing bank.
7) Before releasing the documents to the buyer, the issuing bank will in turn
seek payment from him.

ADVANTAGES OF DOCUMENTARY CREDIT ARE AS FOLLOWS:

1) A documentary credit enables the buyer to confirm his paying capacity,
which is important when establishing new trade relations.
2) By guaranteeing the payment with a documentary credit, the buyer can
achieve more profitable terms of delivery and payment for the goods.
3) The buyer can be sure that the Bank will pay money to the seller no sooner
than it receives the documents corroborating the delivery of the goods.
4) In case the documents submitted by the seller do not correspond to the
terms of the letter of credit (the deadlines are not met; the quality,
quantity, packing etc. are not in compliance with the letter of credit), the
buyer can be sure that the payment under the letter of credit will not be
executed.
5) Banking experience and knowledge for the implementation of complex
commercial contracts can be applied.
6) A credit against goods may be obtained when using a documentary credit
with deferred payment.
7) A documentary credit is a payment obligation of the Bank, and the seller
can be sure of receiving the money subject to the timely submission of the
documents corresponding to the terms of the letter of credit to the Bank.
8) The prompt receipt of money immediately upon delivery; payment under
the documentary credit will be executed by the issuing bank subject to the
 submission of the appropriate documents to the bank regardless of the
buyer‟s wish.
9) A wide choice of financing for any terms of transaction.
10) Chances of complexities with the documents and fraud are less, numbers
of parties to the contract are limited and they are well connected to each
other through single contract of sale, in case of breach of contractual
obligations, the aggrieved party can sue the other party in a court of law
effortlessly, moreover there is only one letter credit and easy to manage in
a direct sale, when compared to the chain transactions.

a) Actions of a master in case of collision :-

Ø In every case of collision between two vessels, it is the duty of the master if
and so far as he can do without danger to his own vessel, crew or
passengers:
Ø To render to the other vessel and its compliment such assistance as may be
practical and necessary to save them from danger caused by the collision,
and to stay by the other vessel until he has ascertained that she has no
need of further assistance
Ø To give the master of the other vessel the name of his own vessel and of
the port to which she belongs, and the names of the ports from which she
has come and to which she is bound
Ø To make an official log book entry, which is to be signed additionally by the
Mate and one member of the crew
Ø The Master or the owner shall, within 24 hours after happening of the
incident, transmit to the central government or the nearest principal officer
a report of the accident and of the probable causes thereof stating the
name of the ship, her official number, her port of registry and the place
where she is. If the master fails without reasonable cause to comply with
the above he is guilty of an offence and liable to conviction on indictment to
a fine and imprisonment. Further, in the case of failure to exchange names,
ports etc liable on conviction on indictment to a fine and on summery
conviction to a fine not exceeding the statutory maximum, and in either
case if he is a certified officer, and inquiry into his conduct may be held, and
his certificate cancelled or suspended. It is emphasized that the master‟s
statutory duties in case of collision must be carried out whatever the
circumstances of the collision may be. Even if one of the colliding ships is at
anchor or moored to a pier, the provisions of the Act shall apply.
(B) SUMMARY PROCEEDINGS FOR WAGES
Ø A seaman or apprentice or a person duly authorised on his behalf may, as
soon as any wages due to him become payable, apply to any Judicial
Magistrate of the first class or any Metropolitan Magistrate, as the case may
be, exercising jurisdiction in or near the place at which his service has
terminated or at which he has been discharged, or at which any person
upon whom the claim is made is or resides, and 1[ such Magistrate] shall
try the case in a summary way and the order made by such Magistrate in
the matter shall be final.
Ø An application may also be made by any officer authorised by the Central
Government in this behalf by general or special order.

REMEDIES OF MASTER FOR WAGES, DISBURSEMENTS, ETC

Ø The master of a ship shall, so far as the case permits, have the same
rights, liens and remedies for the recovery of his wages as a seaman has
under this Act or by any law or custom.
Ø The master of a ship and every person lawfully acting as master of a ship
by reason of the decease or incapacity from illness of the master of the ship
shall, so far as the case permits, have the same rights, liens and remedies
for the recovery of disbursements or liabilities properly made or incurred by
him on account of the ship as a master has for the recovery of his wages.
Ø If in any proceeding in any court touching the claim of a master in respect
of such wages, disbursements or liabilities any set- off is claimed or any
counterclaim is made, the court may enter into, and adjudicate upon, all
questions and settle all accounts then arising or outstanding and unsettled
between the parties to the proceeding and may direct payment of any
balance found to be due.

3 (a) and (b)

The Civil Liability Convention was adopted to ensure that adequate
compensation is available to persons who suffer oil pollution damage resulting
from maritime casualties involving oil-carrying ships. The Convention places the
liability for such damage on the owner of the ship from which the polluting oil
escaped or was discharged. The owner of a tanker has strict liability (i.e. he
is liable also in the absence of fault) for pollution damage caused by oil spilled
from his tanker as a result of an incident. He is exempt from liability under the
1992 Civil Liability Convention only if he proves that:
(a) The damage resulted from an act of war or a grave natural disaster, or
(b) The damage was wholly caused by sabotage by a third party, or
(c) The damage was wholly caused by the negligence of public authorities in not
maintaining lights or other navigational aids.
Subject to a number of specific exceptions, this liability is strict; it is the
duty of the owner to prove in each case that any of the exceptions should in fact
operate. However, except where the owner has been guilty of actual fault, they
may limit liability in respect of any one incident.

The Convention requires ships covered by it to maintain compulsory

insurance in sums equivalent to the owner's total liability for one
incident.
The Convention applies to all seagoing vessels actually carrying oil in bulk
as cargo, but only ships carrying more than 2,000 tons of oil are required to
maintain insurance in respect of oil pollution damage. The Convention covers
pollution damage resulting from spills of persistent oils suffered in the territory
(including the territorial sea) of a State Party to the Convention. It is applicable to
ships, which actually carry oil in bulk as cargo, i.e. generally laden tankers.
Spills from tankers in ballast or bunker spills from ships other than tankers are
not covered, nor is it possible to recover costs when preventive measures are so
successful that no actual spill occurs
. The ship owner cannot limit liability if the incident occurred as a result of the
owner's personal fault. Claims for pollution damage under the 1992 Civil Liability
Convention can be made only against the registered owner of the tanker
concerned.

The liability of the ship owner as it stands today:

For a ship not exceeding 5,000 gross tons, liability is limited to 4.51
million SDR.
For a ship 5,000 to 140,000 gross tonnage: liability is limited to 4.51
million SDR plus 631
SDR for each additional gross tonne over 5,000.
For a ship over 140,000 gross tonnage: liability is limited to 89.77 million
SDR.

The purposes of the Fund Convention are:

Ø To provide compensation for pollution damage to the extent that the
protection afforded by the 1969 Civil Liability Convention is inadequate.
Ø To give relief to ship owners in respect of the additional financial burden
imposed on them by the 1969 Civil Liability Convention, such relief being
subject to conditions designed to ensure compliance with safety at sea and
other conventions.
Ø To give effect to the related purposes set out in the Convention.
Ø Under the first of its purposes, the Fund is under an obligation to pay
compensation to States and persons who suffer pollution damage, if such
persons are unable to obtain compensation from the owner of the ship from
 which the oil escaped or if the compensation due from such owner is not
sufficient to cover the damage suffered.
Ø Under the Fund Convention, victims of oil pollution damage may be
compensated beyond the level of the ship owner's liability. However, the
Fund's obligations are also limited to an amount set by the Fund Convention
(the limits were raised under the 1992 Protocol).
Ø Where, however, there is no ship owner liable or the ship owner liable is
unable to meet his liability, the Fund will be required to pay the whole
amount of compensation due. Under certain circumstances, the Fund's
maximum liability may be increased.

THE COMPENSATION AVAILABLE AS IT STANDS TODAY:

Ø The amendments raise the maximum amount of compensation payable
from the IOPC Fund for a single incident, including the limit established
under the 2000 CLC amendments, to 203 million SDR (US$ 293
million).
The 2003 Protocol (supplementary fund)
Ø The aim of the established Fund is to supplement the compensation
available under the 1992
Ø Civil Liability and Fund Conventions with an additional, third tier of
compensation. The Protocol is optional and participation is open to all
States Parties to the 1992 Fund Convention.
The total amount of compensation payable for any one incident will
be limited to a combined total of 750 million SDR includes the
amount of compensation paid under the existing CLC/Fund
Convention.

Exchange of Information between the Master and the Towing Vessel

Towing another Ship:-
Ø Towing is an old and well-developed procedure. Rescue and salvage towing
generates a necessary sense of urgency.
Ø Conditions of a tow, weather and other factors commonly make towing a
time-critical operation. While certain ships are designed to offer towing
services, all ships can take a tow in an emergency.

Towing Responsibilities
Ø The ship must provide the towing vessel (my ship in this case) all the
relevant information because the towing operation is accepted only after the
 towing vessel‟s officers complete a comprehensive evaluation and survey of
the tow.

Seaworthiness
Ø Towing seaworthiness means suitable condition for the mission. This
concerns all the various technical implications of the tow and towing vessel,
including:
o Vessel design and specifications.
o Structural condition and stability.
o Age, maintenance history, and status.
o Reinforcement requirements.
o Hull and superstructure closures.
o Adequacy of towing gear.
o Dewatering facilities.
o Chafing gear.
o Fire-fighting and damage control facilities.
o Repair parts.
o Tow-boarding facilities.
o Emergency towing gear.
o Waters to be transited.
o Hazards of the route

CATEGORIES OF RISK
Ø The Master of the towing ship and the towed craft should agree to the
conditions of risk intowing the craft. Risk conditions are based on the
seaworthiness and structural condition of the tow, expected sea and
weather conditions for the route, and the specifications of the towingship.
Ø In acceptable risk, the hull, equipment, towing gear, and towing ship are
seaworthy and structurally sound.In calculated risk, tow deficiencies are
accepted.
Ø The probability of tow safely reachingdestination varies with deficiencies.

WEATHER
Ø Whenever possible, towing operations should be planned to take advantage
of the best weather conditions. Appropriate weather activities should be
requested to provide 24-hour forecasts every 12 hours along the intended
route, commencing 24 to 36 hours before departure and continuing until
arrival. Requests for special weather forecasts should include the intended
route and estimated speed.
Ø (ii)When you ship is being towed by another ship
Ø Prepare to receive the assistance from towing vessel in order to reduce
costs and loss of time. The preparations will depend on the circumstances,
the safety of the complement and the vessel must be a deciding factor in
the choice of actions. Inform the towing vessel of all relevant information
regarding the vessel‟s name, home port, call sign, tonnage, type of ship,
position, description of the situation, type of danger or distress, oil
pollution, equipment onboard, etc.
o If towing is necessary, the ship-owner must be notified immediately
so that Hull insurance and shippers‟ agreement may be obtained. If
 there is no danger to human lives, the approval of the ship-owner,
shippers and hull insurance must be obtained before the towing
operation is started.
o Prepare a list towing equipment available - length, diameter, strength
of the insurance wire (if any), other heavy wires and hawsers, anchor
chains; the dimensions and safe working load of the towing shackles
onboard, together with other possible equipment for towing.
o Decide if a towing operation is the best practicable solution.
o Discuss the situation with the Chief Engineer regarding the use of the
vessel‟s engines for this purpose.
o Notify owner before any towing operation is initiated.
o Await management reply. The hull insurance and shipper‟s agreement
may have to be obtained. Check own towing equipment. Put up a list
of the insurance wire (if any),other heavy wires/hawsers, anchor
chains, shackles, and other equipment. The dimension and strength of
each of these items are needed.
o Find out, if possible, your own towing pull at your present draft by
varying speeds. Consider - the required towing pull necessary to tow
the vessel in distress. Make a plan of your poop deck with fairleads
and bollards and find out which bollards have the necessary strength
to be utilised for towing.
o Keep management well informed of the proceedings.
o Note all activities in the logbook. Prepare a log extract of the incident
when operations are ended.

CONTENTS OF EMERGENCY TOWING BOOKLET

Ø SOLAS Reg. II -1 requires that all ships should be equipped with an
Emergency Towing Booklet manual. Scope of this plan is to document how a
ship is fitted with emergency towing arrangements.
Ø Plan Approval by the Administration or a Recognised Organisation (RO) on
behalf of the Administration NOT mandatory, however manual may be
examined by attending surveyors as part of an ISM Audit.
Contents
Ø Key Towing Information.
Ø List of Facilities.
Ø Towing Operations.
Ø Decision Making Matrix.
Ø Typical Towing Patterns.
Ø Typical Examples of the Procedures for Connecting Towing Lines.
Ø Organization and Training.
Ø Maintenance.
Ø Risk Assessment.
Ø Vessel Plans.
Info/Plans Required
Ø Ship Specific Information (Questionnaire to be submitted).
Ø Arrangement of mooring equipment plan.
Ø Bollard plans.
Ø Rollers plans.
Ø Any other mooring related plan available.
5 a) All ocean-going vessels engaged in international commerce must have a
country of registry in order to operate in international waters. Accordingly, most
countries provide these registration services or flags of registry. These nations,
which provide vessel owners with comprehensive, competitive ship registry
services and maritime expertise, are all member states of the International
Maritime Organization (IMO).
In the competitive international shipping industry, there are a number of
factors that must be met for a valid registry. One of the most important is that a
flag state be an IMO member nation, which has adopted all of the IMO maritime
safety Resolutions and Conventions. Secondly, a flag state should have an
established maritime organization that is capable of enforcing all international and
national regulations. Major flag registries provide comprehensive maritime
expertise and administrative services; require safety inspections, and utilize
recognized classification societies to monitor its vessels compliance with all
international and flag state standards.
Flag states have certain rules and requirements for vessels that fly their flags.
Major requirements include crew nationality, crew composition, ship owner
citizenship and ship building requirements. The construction requirement applies
to the entire hull and superstructure of the ship and the majority of all materials
outfitting the vessel.
Regardless of the flag a vessel flies, compliance with, for example SOLAS,
standards and other internationally recognized conventions are monitored by the
flag state since it is their primary responsibility. The flag state has the main
responsibility for ensuring that its vessels meet all established international
guidelines. The flag state conducts annual ship examinations, which include a
thorough inspection of the vessel and its safety systems. As a result of these
examinations, a vessel is certified to be in compliance with all international safety
standards. The effort of the flag state is also augmented by an additional annual
survey conducted by a classification society to certify a vessel‟s seaworthiness
and structural integrity. The latter survey is done to ensure the maintenance of
Class.
Port states, that is, those countries at whose ports a vessel calls, also play
an important role in this regulatory framework. To ensure compliance with safety
requirements, the port state conducts inspections on all vessels visiting its ports.
This cooperative effort between flag and port states provides a maritime safety
enforcement system, which has proven effective over the years.
Then there are very localized inspections. These pertain to ascertain specific
functions. The case in point here is the vetting inspections conducted by the oil
industry prior to chartering a vessel. There is also a condition survey done by a P
& I Club prior to underwriting a vessel in its club to provide third party insurance
cover. And finally, there can also be a port terminal inspection which is highly a
localised inspection pertaining to the existing laws being followed in a particular
port.

Type of
Certificate
Entity Purpose Types of survey
issued, if any

Statutory Initial, annual,

To ensure certificates intermediate, renewal for
Flag State compliance with under, SOLAS, issuance and
international law MARPOL, STCW, maintenance of statutory
Load-line certificates
Initial, annual,
Classification Certificate of intermediate, renewal for
Insurance
Society Class the MAINTENANCE of
Class
To ensure
CONTINUED
compliance with
At random in a port.
international law
However, the
(as incorporated
Port State At the end of the randomness is normally
in their domestic
Control said inspection controlled if the port
law) as well as a
state is a part of a
vested interest
regional MOU
in protecting
their territorial
waters
Vetting For tanker At the end of the The entire vessel prior to
Inspections chartering said inspection being chartered
The certificate
from the The entire vessel prior to
Condition P & I Insurance
P & I Club to giving third party
surveys cover
indicate the insurance cover
cover
Inspection by
Depending on At the end of the Very local
Port Terminal
the local law said inspection
Authority

5 b) A ship is arrested when an action is taken against the ship itself, for example
to enforce a maritime lien in respect of unpaid services or wages.
Creditors use an arrest as leverage to recover their money. In former times the
process was known as “slapping a writ on the mast”. A lien is a right to retain
possession of another party‟s property until the owner pays the debt. Under
maritime law, this can be enforced by the arrest and sale of the property. The
cost of this will be reclaimed from the owner or offset against the eventual sale of
the vessel.
Unfortunately nowhere (except with respect to the employer for non-
payment of wages) is there a responsibility extended to paying crew wages.
Nevertheless, in some instances, usually if the ship has a high resale value, the
crew will be retained on pay to ensure that proper maintenance is continued.
In order for a ship to be released all debts must either have been secured
with cash paid into and held by the Court, terms of security agreed between the
arresting party and the owners, or discharged - including outstanding wages (if
the Court has agreed that these are part of the debts). In the event the ship
owner refuses to put up security then the proceedings continue against the ship.
The claim is presented before the Court in the usual way and the Court will
make a finding on that evidence. If it finds in favour of the arresting party, then
to enforce that debt, the arresting party will present the Court with an application
for the sale of the vessel. If the Court agrees, the ship will be sold by auction
(under the control of the Court) and the proceeds paid into Court. Once received
the proceeds must be distributed and it is at this stage that other creditors “come
out of the wood-work” and present the Court with evidence of the sums they are
owed.
The primary claim tends to be from the banks, who will almost certainly
have a registered charge against the vessel. (In the same way as when money is
borrowed to buy a house, the lender will register that loan against the property to
prevent it from being sold without their knowledge).
The Court will decide the priorities of outstanding debts from the net
proceeds. Just because the arresting party managed to get the vessel arrested
and sold, does not give them any preference over other debtors and thus they
have to stand in line along with others.
Although crew wages have a high priority, they are not the highest. Court
costs and the arresting parties‟ costs of arrest take top priority, thereafter the
remainder will be determined by the Court.
A vessel under arrest cannot sail without permission of the arresting officer.
It can, however, be moved to an alternative berth for commercial, or safety
reasons, as authorised by the Harbour Master and with the permission of the
arresting officer.
It is important to understand that an “arrest” only applies to the vessel and
not its crew, who retain all their rights as seafarers. Furthermore an arrest does
not imply that the ship is substandard.
A vessel can be detained by Port State Control (see below) for non-
compliance with international Conventions such as MLC 2006, SOLAS and STCW.
This can include matters affecting seaworthiness, life-saving equipment, fire
appliances, safe navigation, insufficient crew, inadequate crew certificates and
crew conditions (e.g. excessive working hours, or outstanding wages). Whilst a
ship is detained, Customs will not grant clearance for her to sail and the master,
personally, faces a heavy fine should he choose to ignore this. As per arrested
vessels, detained ships can be moved to an alternative berth.

ARRESTED AND DETAINED VESSELS

It is not uncommon for a vessel that is arrested to also be detained. Quite
simply if a ship owner is unable to pay his creditors, then he may well also have
outstanding repair bills and cut back on maintenance. This may well lead to non-
compliant safety standards and in consequence the vessel being detained.
If the vessel is under arrest and a detention order is placed on her pending
repairs, the arresting party is likely to lift their arrest, until the repairs have been
completed, and so save themselves money. Similarly, if the arresting party finds
out that there are crew wages outstanding, that might demonstrate that the
owner has financial problems and the vessel may be fully mortgaged. This means
if she is sold, the mortgagee (banks) will take priority. In this case there will
probably be nothing left to meet the arresting party‟s costs, let alone their claim.
If crew are due wages, they have a priority over claims for cargo damage and the
arresting party is again likely to lift the arrest, knowing that the crew would
probably immediately seek an arrest order (probably supported by the ITF). In
this case the arresting party can place a caveat against release in order that they
maintain the arrest after the crew has released her, without incurring any
additional arresting costs.

5c) Section 190. Misconduct endangering life or ship.—No master, seaman, or

apprentice belonging to an Indian ship, wherever it may be, or to any other ship,
while in India, shall knowingly—
(a) do anything tending to the immediate loss or destruction of, or serious
damage to, the ship, or tending immediately to endanger the life of, or to cause
injury to any person belonging to or on board the ship; or
(b) refuse or omit to do any lawful act proper and requisite 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.
Sections 190 to 211 of the Merchant Shipping Act, 1958 deal with the
provisions as discipline on board the ships. In case of officers normally a report is
made to the Director General of Shipping for breach of discipline on board the
ship.
So as far as Seamen are concerned, Masters are authorized to impose fines
under provisions of Articles of Agreement or give adverse reports about the
seamen's conduct or ability during the voyage (Section 120 of Merchant Shipping
Act, 1958) which has to be endorsed by the Shipping Master at the time of
discharge.
The amount of fine is deducted from the wages of the seamen and paid to
Shipping Master who credits to Government account (Section 202 of Merchant
Shipping Act, 1958).
6 (A)
1. DEVELOPMENT OF RULES OF CLASSIFICATION: Rules are developed
in accordance with field and engineering experience and are reviewed and
approved by an extensive committee system of foremost industry experts. Thus
the Rules are acceptable to a broad spectrum of owners, charterers, operators,
and the class society‟s in-house experts. Not all classification societies have such
a "public" Rule-making process.
2. DESIGN REVIEW: Designers of marine vessels submit their designs to
classification society (of their choice) engineers to verify that requirements have
been met. Lists of requirements for submittals are found in each society‟s set of
Rules or Guides.
3. SURVEY DURING CONSTRUCTION. Approved design drawings are
sent to classification surveyors at vendor shops and fabrication yards. There the
surveyors confirm that the equipment as built conforms to the requirements and
the approved drawings.
4. SURVEYS AFTER CONSTRUCTION. Once commissioned, periodic
surveys as well as damage and repair surveys, are performed throughout the life
of the ship to ensure that the ship remains in compliance with the classification
rules, thereby enhancing the safety of the ship and the protection of the
environment. Classification surveyors visit each vessel at least every 15 months
over a five-year cycle. An "Intermediate" survey is conducted after two and a half
years. Once each five years a comprehensive survey is performed, a "Special"
survey, including dry-docking.

6 (B)
Stability is one of the most important safety features of ships, and in particular of
small ships which tend to suffer from insufficient stability which could lead to
capsizing the vessel and loss of the crew. It is, therefore, essential to design a
ship with adequate stability and to maintain it in all conditions of loading during
its operation.
Wind heel criteria are based on the principle of a heeling moment created
by a pressure on the lateral profile of a ship coupled with a drag force on the
underwater hull. This heeling moment is evaluated against the righting moment
(either based on GM or the righting lever) to limit heel to a specified angle.
The vessel is assumed to heel to a static heel angle, j0 , under the action of

a steady wind heeling lever, Iw1. Resonant rolling of the vessel is assumed with an
amplitude j1 about the equilibrium position j0 . A gust wind heeling lever Iw2 is

then applied. If the righting energy b exceeds the capsizing energy a, the vessel
meets the criterion. The criterion also recommends that under the action of the
steady wind heeling lever Lw1, the angle of heel shall not exceed 16 degrees or 80
percent of the level of deck edge immersion, whichever is less:

I w1 = PAZ (m)
D

I w2 = 1.5Lw1 (m)

Where,
 P = 0.0514 (t/m2)

A: projected lateral area of portion of ship and cargo above waterline (m2)

Z: vertical arm from centre of A to centre of underwater lateral area (m)

D : displacement (t)
j1 : roll angle

j2 : angle of downflooding or 50 deg or jc, whichever is less. jc is the

angle of second intercept between wind heeling lever Lw2 and the GZ curve.

PROOF OF WIND HEELING CRITERIA:-

1. ASSUMED PRESSURE ACTING IS 504 Pa

2. ASSUMED CONSTANT PRESSURE – ( 504 / 9.8 )KG

=( ) T
.
3. FORCE = PRESSURE X AREA (ASSUMING WINDAGE AREA TO BE ‘A’)
=( . )

DISTANCE BETWEEN
P AND B I S
ASSUMED TO BE ‘ x ‘
( HEELING LEVER )
WHICH IS HALF THE
DRAFT OF VESSEL .
THIS DATA CAN BE
OBTAINED FROM
STABILITY BOOKLET
OF THE VESSEL

HEELING LEVER = ( )

4. HEELING MOMENT = FORCE X DISTANCE

=( )
.

iw1 = (
1000 (∆) )

Iw2 = 1.5 X iw1

 On the incident of Hereld of free enterprise carrying more than 450
passengers which sang after departure from port of Zebrugge on 1987. The
immediate cause was the low remained wide open allow water in rush and
destabalised it and it sank.

This incident led to major development which led to birth of ISM code. The
ISM code provides a n international standard for the safe management and
operation of ships and for pollution prevention.

The purpose of ISM Code-

1) To ensure safety of life at sea.

2) To prevent human injury or loss of life.
3) To avoid damage to the environment and to ship.

Learning from past was the main idea behind the development of ISM code.
The safety management objectives are to identify risk and establish safeguard
providing safe practice and safe working environment and finally to continuously
improve safety management skill.

I] CLAUSE 9 - ACCIDENT HAZARD AND OCCURANCE REPORTING

The safety management system should include procedures ensuring that non-
conformities, accident and hazard situation are reported to the company,
investigated and analysed with the objective of improving safety and pollution &
prevention. The company should have a system in place for recording,
investigating, evaluating, reviewing and analyzing such report and to take actions
as appropriate.

The system should ensure such reports are reviewed and evaluated by the
responsible person and to ensure that recurrence are avoided. The evalution of
such reports may result in-

1) Appropriate corrective actions

2) Amendment to existing procedure and instructions and
3) Development of new procedure and instruction
II] CLAUSE 12 - INTERNAL AUDIT-

1) The company should carry out internal safety audit onward and ashore at
interval not exceeding 12 months to verify safety and pollution prevention
activities comply with the safety management system. In exceptional
condition the interval may be exceeded by not more than 3 months.
2) The company should periodically evaluate the effictiveness of the safety
management system in accordance with procedure established by the
company.
3) The audits and possible corrective actions should be carried out in
accordance with documented procedure.

III] CLAUSE 1.2 - CONTINUOUSLY IMPROVE SAFETY MANAGEMENT

SKILLS OF PERSONNEL ASHORE AND ABOARD SHIPS

Safety at sea, prevention of human injury or loss of life, and avoidance of

damage to the environment, in particular to the marine environment, and to
property shall always be given top priority and shall never be compromised.
Company‟s aim is to strive for zero pollution and zero accident.
Unsafe acts, practices or conditions aboard, that could have been avoided
by use of common sense and/or proper practice shall not be tolerated.
The effort of Masters, Officers and crew members shall be preventive
instead of reactive. The proactive approach is always less risky and less
expensive. Masters, Officers and crew members shall keep in mind the following
Company beliefs, that shall guide the conduct of Company fleet operations:
• Accidents are preventable.
• Each Company employee has personal responsibility for his own safety as
well as for safety of others.
• No business relevant objective is of such importance that it will be
pursued at safety‟s sacrifice.
• A job is considered to be well done only if it is safely done.
In support of its safety and pollution prevention policy the Company has set
the following directives:
− To establish and promote a philosophy throughout the Company, which is
focused on safety and protection of the environment.
− To identify all involved risks and establish safeguards against them.
− To comply with all applicable laws and mandatory rules and regulations.
− To Endeavour at all times to minimize accidents and pollution incidents, to
reduce the risk of loss of life, to protect the environment and the assets under its
care.
− To provide safe and healthy practices and working conditions and establish a
pro-active approach against risk.
− To provide and maintain a working environment that encourages our
employees to fully utilize their skills as individuals and become members of
efficient teams.
− To be sensitive and responsive to public concerns about the marine
transportation and its side effects on the environment.
− To continually improve the safety management skills of personnel ashore and
aboard managed vessels.

All Company‟s employees, ashore and at sea, shall be aware of and are
expected to comply actively with this policy and work towards achieving its
objectives.
The judgment of the individual employee who has to use his own
knowledge, experience and common sense to carry out her/his assigned duties
and make efficient operational decisions, sometimes in the face of danger, is the
cornerstone for our policy implementation.
 DGS:ASM PAPERS DATE-JAN’16

1B) AVERAGE FREIGHT RATE ASSESSMENT (AFRA)

PRINCIPLE
Ø To establish an average transportation cost per ton in a given month for
vessel in different size categories.
Ø To represents the cost of all chartered tonnage actually operating in the
month being assessed, irrespective of when the vessel was fixed.
Ø Fixtures concluded during the period of assessment will not affect the result
unless such vessel is actually performing a voyage during the assessment
month.
Ø It removes the variable factors in shipping costs so that the rate paid
reflects the cost of chartered tonnage operating in the month being
calculated.
Ø It takes into account transport costs on a worldwide basis including spot
market factor for that month.
Ø The calculations are made for the period from the 16th of a month to the
15th of the next month, both dates inclusive. It is the weighted average of
commercially chartered
Ø Tonnage as employed in the international transport of oil during the period
considered

To establish an average transportation cost per ton in a given month for vessel
in different size categories. To represents the cost of all chartered tonnage
actually operating in the month being assessed, irrespective of when the vessel
was fixed. Fixtures concluded during the period of assessment will not affect the
result unless such vessel is actually performing a voyage during the assessment
month. It removes the variable factors in shipping costs so that the rate paid by
the affiliate reflects the cost of chartered tonnage operating in the month being
calculated. It takes into account transport costs on a worldwide basis including
spot market factor for that month. It is also used for transactions between oil
traders and also by government bodies.

AFRA RATE DWT CATEGORIES

GENERAL PURPOSE – 16,500 - 24,000

MEDIUM RANGE – 25,00 - 44,999
LARGE RANGE 1 – 45,000 - 79,999
LARGE RANGE 2 – 80,000 - 159,999
VLCC – 160,000 - 319,999
ULCC – 320,000 - 549,999

VESSELS NOT INCLUDED IN THE ASSESSMENT

Government-owned vessels except when on commercial charter; Vessels
employed in specialized trades such as the carriage of clean oils, petrochemicals,
lube oils, bitumen, etc.; Vessels employed in protected trades such as the U.S.
Jones Act trade.

THE MECHANICS OF AFRA

The calculations are made for the period from the 16th of a month to the
15th of the next month, both dates inclusive. It is the weighted average of
commercially chartered tonnage as employed in the international transport of oil
during the period considered. Vessels fixtures for each ofthe above four vessel
categories are supplied by member companies who use AFRA and from report of
fixtures concluded on the market for loading in the period under assessment.

WORLD SCALE
The WORLDSCALE Associations of London and New York jointly publish a
book, listed over 60,000 voyage rates and distances. The book is revised yearly
to take account of changes in bunker prices and port dues, amendments are also
published from time to time throughout the year. These “base” rates are given in
US$ per tonne of cargo and take into account bunker prices, canal transit times
and port charges.

STANDARD VESSEL CALCULATION (EXAMPLE):-

(i) Total capacity 75,000 tonnes (i. e. the vessel‟s capacity for cargo plus
stores, water, and bunkers, both voyage and reserve).
(ii) Average service speed 14.5 knots.
(iii) Bunker consumption steaming 55 tonnes per day
(iv) Purposes other than steaming 100 tonnes per round voyage; In port -
5 tonnes for each port involved in the voyage
(v) Grade of fuel oil 380 cst
(vi) Port time 4 days for a voyage from one loading port to one discharging
port; an additional 12 hours being allowed for each extra port involved
on a voyage.
(vii) Fixed hire element USD 12,000 per day.
 (viii) Bunker price USD 149.75 per tonne
(ix) Canal transit time 24 hours is allowed for each transit of the Panama
Canal. Thirty (30) hours is allowed for each transit of the Suez Canal.
Mileage is not taken into account in either case. All rate calculations,
which are made in USD, are per tonne for a full cargo for the standard
vessel based upon a round voyage from loading port or ports to
discharging port or ports and return to first loading port using the
under-mentioned factors. Thus if the voyage was fixed at
WORLDSCALE 100 (WS 100) then the rate would be as published. If
the voyage was fixed at WS 170 then it would be 170% of the
published rate.
This has proven to be a remarkably successful compromise between the
charterer‟s desire for flexible discharge options and the owners need for a fair
predictable income for his vessel, however there are problems. WORLDSCALE is
based upon an average vessel earning an average rate with average rate with
average costs. The further your vessel is away from the WORLDSCALE average
and the further away the market is from WS 100 then the greater the potential
for distortions.
This is why when looking at fixture reports you may see a VLCC fixing at
WS 60 whilst a product tanker is fixed at WS 200, the cost per tonne of cargo
moved on a VLCC is much lower than the cost per tonne of cargo moved on a
product tanker, thus the product tanker will attract a higher WORLDSCALE
percentage. Prudent owners will be aware of any distortions their particular vessel
specifications and the state of the market may cause and will adjust their figures
accordingly.

An unfortunate fact that the concept of WORLDSCALE points cannot be carried

over by dry cargo operators for the following reasons:
Ø Dry cargo carriers have multiplicity of trades and cargoes whereas the
tankers carry oil only.
Ø Dry cargo ships are of several types and have variety of cargo handling
gear. tankers on the other hand have practically the same type of
construction and all of them are fitted with cargo handling pumps.
Ø Vast variation exists in stowage factors of dry cargoes whereas the oil does
not have much different stowage factors therefore needing practically same
sized (cubic capacity ise) vessels for same weights of cargo.
Ø Carriage of dry goods has several modes i.e. Bulk, Bags, Pallets, Drums,
Bales and containers whereas tankers carry oil in bulk only.
Ø Dry cargo vessel has large variation in “operational port stay” (from few
hours to several weeks) whereas the tankers irrespective of their size
require practically the same „operational port stay‟ ranged between 18 to 36
hours usually.
Ø Tankers have fewer loading and discharging locations the world over as
specialized arrangements have to be put in place before a tanker can
discharge and on the other hand a dry cargo vessel needs very little in the
name of infrastructure and can discharge her cargo just about anywhere.
"WRECK" includes the following when found in the sea or in tidal water or on the
shores thereof-
(a) goods which have been cast into the sea and then sink and remain
under water;
(b) goods which have been cast or fall into the sea and remain floating on
the surface;
(c) goods which are sunk in the sea, but are attached to a floating object in
order that they may be found again;
(d) goods which are thrown away or abandoned; and
(e) a vessel abandoned without hope or intention of recovery;

SECTION 391.RECEIVERS OF WRECK.-

(1) The Central Government may, by notification in the Official Gazette,
appoint any person t be a receiver of wreck (in this Part referred to as receiver of
wreck) to receive and take possession of wreck and to perform such duties
connected therewith as are hereinafter mentioned, within such local limits as may
be specified in the notification.
(2) A receiver of wreck may, by order in writing, direct that all or any of this
functions under this Part shall, in such circumstances and subject to such
conditions, if an by as maybe specified in the order, discharged by such person as
maybe specified therein and any person while discharge any such functions shall
be deemed to be a received or wreck for the purposes of this Act.

Section 392 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, within the limits of whose jurisdiction
the place is situation shall upon being under acquainted with the circumstance,
forthwith proceed there, and upon his arrival shall take command of all persons
present and shall assign such duties and give such directs to each person as he
thinks fit for the preservation of the vessel abed of the lives of the persons
belonging to the vessel and of its cargo and equipment: Provided that the
receiver shall not interfere between the master and the crew of the vessel in
reference to the management thereof unless he is requested to do so by the
master.

Section 393.POWER TO PASS OVER ADJOINING LANDS.-

(1) Whenever a vessel is wrecked, stranded or in distress as aforesaid, all
persons any, for the purpose of rending assistance to the vessel or of saving the
lives of the shipwrecked persons, or of saving the cargo or equipment for the
vessel, unless there is some public read equally convenient, pass and repass,
either with or without vehicles or animals, over any adjoining lands without being
subject you instruction by the owner occupier, so that they do as little damage as
possible and may also on the like condition, deposit on these lands any cargo or
other article recovered from the ship.
(2) Any damage sustained by an owner or occupier in consequence of the
exercise of the rights given by this section, shall be a charge on the vessel. Cargo
or articles in respect of by which the damage shall in case of dispute, be
determined by magistrate on application made to him in this behalf.

SECTION 394.POWER OF RECEIVER OF WRECK TO SUPPRESS PLUNDER

AND DISORDERBY FORCE.-
Whenever a vessel is wrecked, stranded or in distress as aforesaid, and any
person plunders, creates or obstructs the preservation of the vessel or of the
wrecked persons or of the cargo equipment of the vessel, the receiver of wreck
may take such steps and use such force as he, any cops order necessary for the
suppression of any such plundering, disorder or obstruction, and my for that
purpose command any person to assist him.

SECTION 395.PROCEDURE TO BE OBSERVED BY PERSONS FINDING

WRECK.-Any person finding and taking possession of any wreck within any local
limits for which there is a receiver of wreck, or bringing within such limits any
wreck which has been found and taken possession of elsewhere, shall, as soon as
practicable-
(a) if he be the owner thereof, give the receiver of wreck notice in writing of
the finding thereof and of the marks by which such wreck is distinguished;
(b) if he be not the owner of such wreck, deliver the same to the receiver of
wreck.

SECTION 396.INVESTIGATION OF CERTAIN MATTERS IN RESPECT OF

VESSELSWRECKED.-Whenever any vessel is wrecked, stranded or in distressas
aforesaid, the receiver of wreck within the local limits of whosejurisdiction the
vessel is wrecked, standard or in distress may conductan investigation into all or
any of the following matters, that is to say,-
(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, standing, or distress of the vessel;
(f) the services rendered; and
(g) such other matters or circumstances relating to the vessel. The cargo or
the equipment, as the receiver thinks necessary.

SECTION 397.NOTICE TO BE GIVEN BY RECEIVER.-The receiver of wreck

shall as soon as may be after taking possession of any wreck, publish a
notification in such manner and at such place as the Central Government may, by
general or special order, direct, containing a description of the wreck and the time
at which and the place where it was found.
SECTION 398.IMMEDIATE SALE OF WRECK BY RECEIVER IN CERTAIN
CASES.-A receiver of wreck may at any time sell any wreck in his custody if, in
his opinion,-
(a) it is under the value of five hundred rupees; or
(b) it is so much damaged or of so perishable a nature that it cannot
with advantage be kept; or
(c) it is not of sufficient value for warehousing;and the proceeds of the sale
shall, after defraying the expenses
thereof, be held by the receiver for the same purposes and subject to
the same claims, rights and liabilities as if the wrack had remained
unsold

2B)
SALIENT FEATURES OF MS RULE 2012 ARE AS FOLLOWS ARE -
2C) There are two ways to make amendments to SOLAS.
The first one is done at the Maritime Safety Committee (MSC) itself.
Amendments proposed by a Contracting Government are circulated at least six
months before consideration by the MSC - which may refer discussions to one or
more IMO Sub-Committees - and amendments are adopted by a two-thirds
majority of Contracting Governments present and voting in the MSC (remember,
MSC consists of all member states).

Amendments by a Conference
The second method for amendments is by calling a diplomatic conference of
Contracting Governments. When Contracting Government requests the holding of
a Conference and at least one-third of Contracting Governments agree to hold the
Conference. Amendments are adopted by a two-thirds majority of Contracting
Governments present and voting. Amendments enter into force six months after
their deemed acceptance.
The minimum length of time from circulation of proposed amendments
through entry into force is 24 months - circulation: six months, adoption to deem
acceptance date: 12 months minimum; deemed acceptance to entry into force:
six months.
The term "protocol" is used for agreements less formal, but nevertheless of
the same importance, than those entitled "treaty" or "convention". The term could
be used to cover the following kinds of instruments:
(a) A Protocol of Signature is an instrument subsidiary to a treaty, and
drawn up by the same parties. Such a Protocol deals with ancillary matters
such as the interpretation of particular clauses of the treaty, those formal
clauses not inserted in the treaty, or the regulation of technical matters.
Ratification of the treaty will normally ipso facto involve ratification of such
a Protocol.
(b) An Optional Protocol to a Treaty is an instrument that establishes
additional rights and obligations to a treaty. It is usually adopted on the
same day, but is of independent character and subject to independent
ratification. Such protocols enable certain parties of the treaty to establish
among themselves a framework of obligations, which reach further than the
general treaty and to which not all parties of the general treaty consent,
 creating a "two-tier system". This function of the Protocol has been used
very rarely.
(c) A Protocol based on a Framework Treaty is an instrument with specific
substantive obligations that implements the general objectives of a previous
framework or umbrella convention. Such protocols ensure a more simplified
and accelerated treaty-making process and have been used particularly in
the field of international environmental law. An example is the 1987
Montreal Protocol on Substances that Deplete the Ozone Layer.
A Protocol to amend is an instrument that contains provisions that amend
one or various former treaties, such as the Protocol of 1978 amending the
1973 “Treaty” on MARPOL. It is this function of the Protocol in international
law that we seafarers should be comfortable in using as, this is what is, and
will be, used pertaining to us at IMO.
For a change to be termed as a „Protocol‟, and not an amendment, two
parameters have to be fulfilled:
1. The issue has to be of vital importance
2. The change should be such that the „existing face‟ of the treaty /
convention is altered.
For example, the change of 1997 (Introduction of Annex VI) to MARPOL
73/78 is called a Protocol and not an amendment. Why? Because, the issue of air
pollution was of vital importance and the introduction of a new annex changed the
face of the existing convention (earlier when we mentioned MARPOL, we meant
five annexes, now we mean six annexes). Hence the change of 1997 to MARPOL
is NOT called an amendment, but Protocol of 1997.

3a) The HNS Convention is based on the two-tier system established under the
CLC and Fund Conventions. However, it goes further in that it covers not only
pollution damage but also the risks of fire and explosion, including loss of life or
personal injury as well as loss of or damage to property.
HNS are defined by reference to lists of substances included in various IMO
Conventions and Codes. These include oils; other liquid substances defined as
noxious or dangerous; liquefied gases; liquid substances with a flashpoint not
exceeding 60°C; dangerous, hazardous and harmful materials and substances
carried in packaged form; and solid bulk materials defined as possessing chemical
hazards. The Convention also covers residues left by the previous carriage of
HNS, other than those carried in packaged form.
The Convention defines damage as including loss of life or personal injury;
loss of or damage to property outside the ship; loss or damage by contamination
of the environment; the costs of preventative measures and further loss or
damage caused by them.
 The Convention introduces strict liability for the ship owner and a system of
compulsory insurance and insurance certificates.

FOR SHIPS NOT EXCEEDING 2,000 UNITS OF GROSS TONNAGE, THE

LIMIT IS SET AT 10 MILLION SDR (ABOUT US$14.43 MILLION). FOR
SHIPS ABOVE THAT TONNAGE, AN ADDITIONAL 1,500 SDR (US$ 2164.5)
IS ADDED FOR EACH UNIT OF TONNAGE FROM 2001 TO 50,000; AND 360
SDR (US$ 519.5) FOR EACH UNIT OF TONNAGE IN EXCESS OF 50,000
UNITS OF TONNAGE. THE TOTAL POSSIBLE AMOUNT THE SHIP OWNER IS
LIABLE FOR IS LIMITED TO 100 MILLION SDR (US$144.3 MILLION).

States which are Parties to the Convention can decide not to apply it to ships of
200 gross tonnage and below, which carry HNS only in packaged form and are
engaged on voyages between ports in the same State. Two neighbouring States
can further agree to apply similar conditions to ships operating between ports in
the two countries.
In order to ensure that ship owners engaged in the transport of HNS are able to
meet their liabilities, the Convention makes insurance compulsory for them. A
certificate of insurance must be carried on board and a copy kept by the
authorities that keep record of the ship's registry.

HNS FUND

It has generally been agreed that it would not be possible to provide sufficient
cover by the ship owner liability alone for the damage that could be caused in
connection with the carriage of HNS cargo. This liability, which creates a first tier
of the convention, is therefore supplemented by the second tier, the HNS Fund,
financed by cargo interests.
The Fund will become involved:
Ø Because no liability for the damage arises for the ship owner. This could
occur, for example, if the ship owner was not informed that a shipment
contained HNS or if the accident resulted from an act of war.
Ø Because the owner is financially incapable of meeting the obligations under
this Convention in full and any financial security that may be provided does
not cover or is insufficient to satisfy the claims for compensation for
damage.
Ø Because the damage exceeds the owner's liability limits established in the
Convention Contributions to the second tier will be levied on persons in the
Contracting Parties who receive a certain minimum quantity of HNS cargo
during a calendar year. The tier will consist of one general account and
three separate accounts for oil, liquefied natural gas (LNG) and liquefied
petroleum gas (LPG). The system with separate accounts has been seen as
a way to avoid cross-subsidization between different HNS substances.
As with the CLC and Fund Conventions, when an incident occurs where
compensation is payable under the HNS Convention, compensation would first be
sought from the ship owner, up to the maximum limit of 100 million SDR
(US$144.3 million).
 Once this limit is reached, compensation would be paid from the second tier,
the HNS Fund, up to a maximum of 250 million SDR (US$ 361 million) (including
compensation paid under the first tier).
The Fund will have an Assembly consisting of all States, which are Parties and
a Secretariat headed by a Director. The Assembly will normally meet once a year.

HNS AND THE CLC/FUND CONVENTIONS

The HNS Convention excludes pollution damage as defined in the
International Convention on Civil Liability for Oil Pollution Damage and the
International Convention on the Establishment of an International Fund for
Compensation for Oil Pollution Damage, to avoid an overlap with these
Conventions.
However, HNS covers other damage (including death or personal injury) as
well as damage caused by fire and/or explosion when oils are carried.

3b) OPRC :- INTERNATIONAL CONVENTION ON OIL POLLUTION

PREPAREDNESS, RESPONSE AND CO-OPERATION
(OPRC) is an international maritime convention establishing measures for
dealing with marine oil pollution incidents nationally and in co-operation with
other countries and are required to establish measures for dealing with pollution
incidents, either nationally or in co-operation with other countries – THIS MEANS
TO HAVE A CONTINGENCY PLAN FOR OILPOLLUTION AT THE REGIONAL
LEVEL INVOVING A NUMBER OFCOUNTRIES IN A REGION.
The primary objectives of the OPRC are as follows (ALL AT THE REGIONAL
LEVEL):
Ø Contingency planning and coordinated response procedures.
Ø Establishment of equipment stocks sufficient to deal with oil pollution risks.
Ø Research and development programs.
Ø Training and exercise programs to facilitate oil spill response.
Ø SOPEP to be carried on board all vessels over a stipulated size.

Responsibilities of Ships and Oil pollution reporting procedures

1. Ships are required to carry a shipboard oil pollution emergency plan, in
accordance with the provisions adopted by the IMO for this purpose. These plans
are subject, while in a port or at an offshore terminal under the jurisdiction of a
Party, to inspection by officers duly authorized by that Party. SOPEP IS THE
ACCEPTABLE SHIPBOARD PLAN FOR OPRC. A contingency plan specifically for
OPRC is therefore NOT REQUIRED.
2. Ships are required to report any observed event at sea involving a discharge of
oil or the presence of oil or incidents of pollution to coastal authorities and the
convention details the actions that are then to be taken.

3c) CIVIL LIABILITY CONVENTION

The Civil Liability Convention was adopted to ensure that adequate
compensation is available to persons who suffer oil pollution damage resulting
from maritime casualties involving oil-carrying ships. The Convention places the
liability for such damage on the owner of the ship from which the polluting oil
escaped or was discharged.
 The owner of a tanker has strict liability (i.e. he is liable also in the
absence of fault) for pollution damage caused by oil spilled from his tanker as a
result of an incident.
He is exempt from liability under the 1992 Civil Liability Convention only if
he proves that:
(a) The damage resulted from an act of war or a grave natural disaster, or
(b) The damage was wholly caused by sabotage by a third party, or
(c) The damage was wholly caused by the negligence of public authorities in not
maintaining lights or other navigational aids.
Subject to a number of specific exceptions, this liability is strict; it is the
duty of the owner to prove in each case that any of the exceptions should in fact
operate. However, except where the owner has been guilty of actual fault, they
may limit liability in respect of any one incident.

The Convention requires ships covered by it to maintain compulsory

insurance in sums equivalent to the owner's total liability for one
incident.
The Convention applies to all seagoing vessels actually carrying oil in bulk
as cargo, but only ships carrying more than 2,000 tons of oil are required to
maintain insurance in respect of oil pollution damage. The Convention covers
pollution damage resulting from spills of persistent oils suffered in the territory
(including the territorial sea) of a State Party to the Convention. It is applicable to
ships, which actually carry oil in bulk as cargo, i.e. generally laden tankers. Spills
from tankers in ballast or bunker spills from ships other than tankers are not
covered, nor is it possible to recover costs when preventive measures are so
successful that no actual spill occurs. The ship owner cannot limit liability if the
incident occurred as a result of the owner's personal fault. Claims for pollution
damage under the 1992 Civil Liability Convention can be made only against the
registered owner of the tanker concerned.

THE LIABILITY OF THE SHIP OWNER AS IT STANDS TODAY:

FOR A SHIP NOT EXCEEDING 5,000 GROSS TONS, LIABILITY IS LIMITED TO 4.51
MILLION SDR.

FOR A SHIP 5,000 TO 140,000 GROSS TONNAGE: LIABILITY IS LIMITED TO 4.51

MILLION SDR PLUS 631

SDR FOR EACH ADDITIONAL GROSS TONNE OVER 5,000.

FOR A SHIP OVER 140,000 GROSS TONNAGE: LIABILITY IS LIMITED TO 89.77

MILLION SDR.

3C) BUNKER CONVENTION

The Convention was adopted to ensure that adequate, prompt, and
effective compensation is available to persons who suffer damage caused by spills
of oil, when carried as fuel in ships' bunkers.
The Convention applies to damage caused on the territory, including the
territorial sea, and in exclusive economic zones of States Parties.
 The bunkers convention provides a free-standing instrument covering
pollution damage only.
When the Convention is in force, ships over 1,000 gross tonnage registered
in a State Party to the Convention will be required to carry on board a certificate
certifying that the ship has insurance or other financial security, such as the
guarantee of a bank or similar financial institution, to cover the liability of the
registered owner for pollution damage in an amount equal to the limits of liability
under the applicable national or international limitation regime. In all cases, this
amount should not exceed an amount calculated in accordance with the
Convention on Limitation of Liability for Maritime Claims, 1976, as amended.
The Convention will make the shipowner, defined broadly so as to include the
owner, registered owner, bareboat charterer, manager and operator of a ship,
liable to pay compensation for pollution damage (including the costs of
preventative measures) caused in the territory, including the territorial sea of a
State Party, as well as in its exclusive economic zone, or if a State Party has not
established one, in an equivalent area.Under the 1996 LLMC Protocol, the limit of
liability for property claims for ships not exceeding 2,000 gross tonnage is 1
million SDR (US$1.586 million).
For larger ships, the following additional amounts are used in calculating the
limitation amount:

• For each ton from 2,001 to 30,000 tons, 400 SDR (US$634)
• For each ton from 30,001 to 70,000 tons, 300 SDR (US$476)
• For each ton in excess of 70,000, 200 SDR (US$317)

(ANSWER ALREADY DISCUSSED IN ASM PAPER MAY 2016 )

5A) Resolution A. 949 (23) Guidelines on places of refuge for ships in need
of assistance 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.
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 and populations 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. In so doing,
consideration would need to be given to balancing the interests of the affected
ship with those of the environment.

OBJECTIVES OF PROVIDING A PLACE OF REFUGE

Ø Where the safety of life is involved, the provisions of the SAR Convention
should be followed. Where a ship is in need of assistance but safety of life is
not involved, these guidelines should be followed.
Ø The issue of .places of refuge.is not a purely theoretical or doctrinal debate
but the solution to a practical problem: What to do when a ship finds itself
in serious difficulty or in need of assistance without, however, presenting a
risk to the safety of life of persons involved. Should the ship be brought into
shelter near the coast or into a port or, conversely, should it be taken out to
sea?
Ø When a ship has suffered an incident, the best way of preventing damage
or pollution from its progressive deterioration would be to lighten its cargo
and bunkers; and to repair the damage. Such an operation is best carried
out in a place of refuge.
Ø 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 and populations may strongly object to
the operation.
Ø While coastal States may be reluctant to accept damaged or disabled ships
into their area of responsibility due primarily to the potential for
environmental damage, in fact it is rarely possible to deal satisfactorily and
effectively with a marine casualty in open sea conditions.
Ø In some circumstances, the longer a damaged ship is forced to remain at
the mercy of the elements in the open sea, the greater the risk of the
 vessel‟s condition deteriorating or the sea, weather or environmental
situation changing and thereby becoming a greater potential hazard.
Ø Therefore, granting access to a place of refuge could involve a political
decision which can only be taken on a case-by-case basis with due
consideration given to the balance between the advantage for the affected
ship and the environment resulting from bringing the ship into a place of
refuge and the risk to the environment resulting from that ship being near
the coast.

GUIDELINES FOR ACTION REQUIRED BY THE MASTER

Appraisal of the situation

The master should, where necessary with the assistance of the company and/or
the salvor, identify the reasons for his/her ship‟s need of assistance.

Identification of hazards and assessment of associated risks

Having made the appraisal, the master, where necessary with the assistance of
the company and/or the salvor, should estimate the consequences of thepotential
casualty, in the following hypothetical situations, taking into account both the
casualty assessment factors in their possession and also the cargo and bunkers
on board:
Ø If the ship remains in the same position;
Ø If the ship continues on its voyage;
Ø If the ship reaches a place of refuge; or
Ø If the ship is taken out to sea.

Identification of the required actions

The master and/or the salvor should identify the assistance they require from the
coastal State in order to overcome the inherent danger of the situation.

Contacting the authority of the coastal State

The master and/or the salvor should make contact with the coastal State in order
to transmit the particulars. They must in any case transmit to the coastal State
the particulars required under the international conventions in force. Such contact
should be made through the coastal State‟s Maritime Assistance Service (MAS).

Risk analysis factor to be considered by the Master

The master, the company and, where applicable, the salvor of the ship should
comply with the practical requirements resulting from the coastal State‟s decision-
making process. This analysis should include the following points:
Ø Seaworthiness of the ship concerned, in particular buoyancy, stability,
availability of means of propulsion and power generation, docking ability,
etc.;
Ø Nature and condition of cargo, stores, bunkers, in particular hazardous
goods;
Ø Distance and estimated transit time to a place of refuge;
Ø Whether the master is still on board;
 Ø The number of other crew and/or salvors and other persons on board and
an assessment of human factors, including fatigue;
Ø The legal authority of the country concerned to require action of the ship in
need of assistance;
Ø Whether the ship concerned is insured or not insured;
Ø If the ship is insured, identification of the insurer, and the limits of liability
available;
Ø Agreement by the master and company of the ship to the proposals of the
coastal State/salvor to proceed or be brought to a place of refuge;
Ø Provisions of the financial security required;
Ø Commercial salvage contracts already concluded by the master or company
of the ship;
Ø Information on the intention of the master and/or salvor;
Ø Designation of a representative of the company at the coastal State
concerned;

5B) Drug and alcohol abuse and its adverse effects on safety is one of the most
significant social problems of our time. It is, appropriately, receiving attention
both in the public eye and in government legislation. An example, specific to the
marine industry, of government attention to this issue is the U.S. Coast Guard
(USCG) regulations on the testing of personnel on national and foreign flag ships.
Recognising the potentially serious impact of marine incidents, the Oil Companies
International Marine Forum (OCIMF), and the marine industry in general, have
over the years developed guidance aimed at encouraging safe ship operation and
protection of the environment. Whilst tanker companies have generally operated
with strict policies related to drug and alcohol use onboard their ships, OCIMF
considers it timely that the industry as a whole reassesses the control of drugs
and alcohol onboard ships.
OCIMF recommends that shipping companies should have a clearly written
policy on drug and alcohol abuse that is easily understood by seafarers as well as
shore-based staff. In order to enforce their policy, companies should have rules of
conduct and controls in place, with the objective that no seafarer will navigate a
ship or operate its onboard equipment whilst impaired by drugs or alcohol. It is
recommended that seafarers be subject to testing and screening for drugs and
alcohol abuse by means of a combined programme of un-announced testing and
routine medical examination. The frequency of this un-announced testing should
be sufficient so as to serve as an effective deterrent to such abuse.
The misuse of legitimate drugs, or the use, possession, distribution or sale of illicit
or unprescribed controlled drugs on board ship cannot be condoned and should be
prohibited. In addition, any use of a prescribed controlled drug which causes, or
contributes to unacceptable job performance or unusual job behaviour should
require the seafarer to be excused from duty until such times as he is repatriated,
or treatment and its after-effects cease. The suggested list of substances to be
prohibited should include, but not be limited to, marijuana, cocaine, opiates,
phencyclidine (PCP) and amphetamines and their derivatives.
Company policy should provide for control of onboard alcohol distribution and
monitoring of consumption. This policy should support the principle that officers
and ratings should not be impaired by alcohol when performing scheduled duties.
OCIMF recommends that officers and ratings observe a period of abstinence from
alcohol prior to scheduled watchkeeping duty or work periods. This may be either
a fixed period, such as the 4 hours required by the USCG, or a minimum period of
1 hour of abstinence for each unit of alcohol consumed .Whichever method is
used to determine the abstinence period, the objective should always be to
ensure that, prior to going on scheduled duty, the blood alcohol content of the
seafarer is theoretically zero. Officers and ratings should be aware that local
regulations may be in place and where this is the case, it is recommended that
these be strictly adhered to where they exceed these guidelines.
The Drug & Alcohol Policy for ships is a mandatory regulation and an important
code of conduct, which is to be strictly followed by those working on ships. While
some seafarers are often in doubt regarding the consumption of alcohol allowed
on ships, for others it is just one of the several regulations of shipping. According
to shipping regulations, it‟s compulsory for seafarers to follow the “Drug & Alcohol
Policy” of the shipping companies they work for. Consumption and possession of
drugs and other abused substances is strictly prohibited on all ships, however,
permission to consume alcohol on ships depends on the shipping companies.
Either ways there are strict restrictions on the amount and time of alcohol
consumed on ships. It is the duty of the captain to ensure that all crew members
are aware of the regulations mentioned in the “Drug and Alcohol Policy” followed
on the ship.

MENTIONED BELOW IS A GENERAL OVERVIEW OF DRUG & ALCOHOL

POLICY USED ON SHIPS:
Officers, crew members, family members, or shore staff visiting the ship is
not allowed to bring alcohol or drugs on board ships
If required by the company policy, seafarers can be screened for alcohol
and drug abuse during medical checkups prior to joining a ship
Consumption of any kind of alcoholic beverages (including beer) during working
hours, over time, or within 4 hours prior starting work or watch is strictly
prohibited.
In case officers and crew members are returning from shore leave, they
must observe a period of total abstinence from all kind of alcoholic beverages
prior to their scheduled watch keeping duties.
Some company policies might allow “controlled” consumption of alcohol on
ships. However, they would set and enforce limits on consumption of alcohol 4
hours prior to working hours
Shipping companies make their drug and alcohol policy based on the guides
provided by the International Chamber of Shipping (ICS) and Oil Companies
International Marine Forum (OCIMF). International Maritime Organization (IMO)
recommends a maximum of 0.08% blood alcohol level (BAC) during watch
keeping duties as minimum safety standard on ships. However, the amount of
BAC allowed differs from company to company, where some allow maximum of
0.04% (During off hours) whereas others prefer 0% BAC. Lately, most of the
companies have totally banned possession and consumption of alcohol on board
their ships.
Random alcohol and drugs testing of officers can also be done on board
ships to ensure that there is no breach in the policy. Nowadays, most of the
shipping companies provide Alcohol test meters (Intoximeter) on board so that
ship‟s captain or senior officers can check any crew member suspected of having
high level of alcohol in his system and is incapable of carrying out his duties
Seafarers who fail to follow the “Drug and Alcohol Policy” of the company is bound
to face disciplinary actions and even dismissal from employment In case alcohol is
allowed on ships, purchase of the same is allowed only from the master‟s bond
and bringing alcohol on board ships is strictly prohibited.
It is the duty of the captain and senior officers of the ship to ensure that the
rules and regulations of drug and alcohol policy is enforced and followed on ships.
As mentioned above, the drug and alcohol policy on ships would differ with each
company, depending on the type of ship and nature of cargo. Safety of ships and
cargoes, along with the well-being of the seafarers is the main motive of this
policy and it is therefore necessary that all seamen take this regulation with
utmost seriousness.

5C) "person-in-charge" means-

(a) in relation to a vessel, the master of the vessel;
(b) in relation to an aircraft, the commander or pilot-in-charge of the
aircraft;
(c) in relation to a railway train, the conductor, guard or other person
having the chief direction ofthe train;
(d) in relation to any other conveyance, the driver or other person-in-
charge of the conveyance;

ARRIVAL OF VESSELS AND AIRCRAFT IN INDIA

(1) The person-in-charge of a vessel or an aircraft entering India from any
place outside India shall not cause or permit the vessel or aircraft to call or
land-
(a) for the first time after arrival in India; or
(b) at any time while it is carrying passengers or cargo brought in
that vessel or aircraft; at any place other than a customs port or a
customs airport, as the case may be.
(2) The provisions of sub-section (1) shall not apply in relation to any vessel
or aircraft which is compelled by accident, stress of weather or other unavoidable
cause to call or land at a place other than a customs port or customs airport but
the person in- charge of any such vessel or aircraft-
(a) shall immediately report the arrival of the vessel or the landing of
the aircraft to the nearest customs officer or the officer-in-charge of a
police station and shall on demand produce to him the log book
belonging to the vessel or the aircraft;
(b) shall not without the consent of any such officer permit any goods
carried in the vessel or the aircraft to be unloaded from, or any of the
crew or passengers to depart from the vicinity of, the vessel or the
aircraft; and
(c) shall comply with any directions given by any such officer with
respect to any such goods, and no passenger or member of the crew
shall, without the consent of any such officer, leave the immediate
vicinity of the vessel or the aircraft: PROVIDED that nothing in this
section shall prohibit the departure of any crew or passengers from
the vicinity of, or the removal of goods from, the vessel or aircraft
 where the departure or removal is necessary for reasons of health,
safety or the preservation of life or property.

DELIVERY OF IMPORT MANIFEST OR IMPORT REPORT

(1) The person in charge of a vessel or an aircraft carrying imported goods
shall, deliver to the proper officer, an import manifest, and in the case of a
vehicle, an import report, within twenty four hours after arrival thereof at a
customs station in the case of a vessel and twelve hours after arrival in the case
of an aircraft or a vehicle, in the prescribed form:
PROVIDED that,-
(a) in the case of a vessel or an aircraft, any such manifest may be
delivered to the proper officer before the arrival of the vessel or aircraft;
(b) if the proper officer is satisfied that there was sufficient cause for not
delivering the import manifest or import report or any part thereof within
the time specified in this sub-section, he mayaccept it at any time
thereafter.
(2) The person delivering the import manifest or import report shall at the
foot thereof make and subscribe to a declaration as to the truth of its contents.
(3) If the proper officer is satisfied that the import manifest or import report
is in any way incorrect or incomplete, and that there was no fraudulent intention,
he may permit it to be amended or supplemented.

IMPORTED GOODS NOT TO BE UNLOADED FROM VESSEL UNTIL ENTRY

INWARDS GRANTED
(1) The master of a vessel shall not permit the unloading of any imported
goods until an order has been given by the proper officer granting entry inwards
to such vessel.
(2) No order under sub-section (1) shall be given until an import manifest
has been delivered or the proper officer is satisfied that there was sufficient cause
for not delivering it.
(3) Nothing in this section shall apply to the unloading of baggage
accompanying a passenger ora member of the crew, mail bags, animals,
perishable goods and hazardous goods.

IMPORTED GOODS NOT TO BE UNLOADED UNLESS MENTIONED IN

IMPORT MANIFEST OR IMPORTREPORT
No imported goods required to be mentioned under the regulations in an
import manifest or import report shall, except with the permission of the proper
officer, be unloaded at any customs station unless they are specified in such
manifest or report for being unloaded at that customs station.

UNLOADING AND LOADING OF GOODS AT APPROVED PLACES ONLY

Except with the permission of the proper officer, no imported goods shall be
unloaded, and no export goods shall be loaded, at any place other than a place
approved under clause (a) of section 8 for the unloading or loading of such goods.

GOODS NOT TO BE UNLOADED OR LOADED EXCEPT UNDER SUPERVISION

OF CUSTOMS OFFICER
Imported goods shall not be unloaded from, and export goods shall not be loaded
on, any conveyance except under the supervision of the proper officer:
PROVIDED that the Board may, by notification in the Official Gazette, give general
permission and the proper officer may in any particular case give special
permission, for any goods or class of goods to be unloaded or loaded without the
supervision of the proper officer.

RESTRICTIONS ON GOODS BEING WATER-BORNE

No imported goods shall be water-borne for being landed from any vessel,
and no export goods which are not accompanied by a shipping bill, shall be water-
borne for being shipped, unless the goods are accompanied by a boat-note in the
prescribed form: PROVIDED that the Board may, by notification in the Official
Gazette, give general permission, and the proper officer may in any particular
case give special permission, for any goods or any class of goods to be water-
borne without being accompanied by a boat-note.

RESTRICTIONS ON UNLOADING AND LOADING OF GOODS ON HOLIDAYS,

ETC.
No imported goods shall be unloaded from, and no export goods shall be
loaded on, any conveyance on any Sunday or on any holiday observed by the
Customs Department or on any other day after the working hours, except after
giving the prescribed notice and on payment of the prescribed fees, if any:
PROVIDED that no fees shall be levied for the unloading and loading of baggage
accompanying a passenger or a member of the crew, and mail bags.

DELIVERY OF EXPORT MANIFEST OR EXPORT REPORT

(1) The person-in-charge of a conveyance carrying export goods shall,
before departure of the conveyance from a customs station, deliver to the proper
officer in the case of a vessel or aircraft, an export manifest, and in the case of a
vehicle, an export report, in the prescribed form: PROVIDED that if the agent of
the person-in-charge of the conveyance furnishes such security as the proper
officer deems sufficient for duly delivering within seven days from the date of
departure
of the conveyance the export manifest or the export report, as the case may be,
the proper officer may (subject to such rules as the Central Government may
make in this behalf) accept such manifest or report within the aforesaid period.
(2) The person delivering the export manifest or export report shall at the
foot thereof make and subscribe to a declaration as to the truth of its contents.
(3) If the proper officer is satisfied that the export manifest or export report
is in any way incorrect or incomplete and that there was no fraudulent intention,
he may permit such manifest or report to be amended or supplemented.

NO CONVEYANCE TO LEAVE WITHOUT WRITTEN ORDER

(1) The person-in-charge of a conveyance which has brought any imported
goods or has loaded any export goods at a customs station shall not cause or
permit the conveyance to depart from that customs station until a written order
to that effect has been given by the proper officer.
(2) No such order shall be given until-
 (a) the person-in-charge of the conveyance has answered the
questions put to him under section as the proper officer may require have
been delivered to him;
(d) all duties leviable on any stores consumed in such conveyance,
and all charges and penalties due in respect of such conveyance or from the
person-in-charge thereof have been paid or the payment secured by such
guarantee or deposit of such amount as the proper officer may direct;
(e) the person-in-charge of the conveyance has satisfied the proper
officer that no penalty is leviable on him under section 116 or the payment
of any penalty that may be levied upon him under that section has been
secured by such guarantee or deposit of such amount as the proper officer
may direct;
(f) in any case where any export goods have been loaded without
payment of export duty or in contravention of any provision of this Act or
any other law for the time being in force relating to export of goods,-
(i) such goods have been unloaded, or
(ii) where the 23[Assistant Commissioner of Customs or Deputy
Commissioner of Customs] is satisfied that it is not practible to
unload such goods, the person-in-charge of the conveyance has
given an undertaking, secured by such guarantee or deposit of
such amount as the proper officer may direct, for bringing back
the goods to India.

THE LAW OF LIABILITY FOR CARRIAGE OF OIL

The International Convention on Civil Liability for Oil Pollution Damage,
196946 imposes strict liability on tanker owners for causing pollution damage to
the coastal line of any member state. An important deficiency of this convention
was that it was applicable only to all sea going vessels carrying oil in bulk as
cargo. This exempted owners of other ships from its purview.
To cure this deficiency the Protocol of 1992 was adopted which covered
„spills from sea-going vessels constructed or adapted to carry oil in bulk as
cargo‟. In this way the convention was extended to both laden and unladen
tankers, including spills of bunker oil from such ships. In spite of the remedies
available under the CLC, the 1992 Protocol provides for additional compensation
to the victims of oil pollution damage. The Law on civil liability for oil pollution
damage is provided under Part X B of the Merchant Shipping Act, 1958. The
Merchant Shipping Act, 2002 amended these provisions and introduced Part X C
for international oil pollution compensation fund.
 The Act defines a „ship‟ as any sea going vessel and sea borne craft of any
type whatsoever constructed or adapted for the carriage of oil in bulk as
cargo‟47. This definition is verbatim adopted from the parent convention. The
clear meaning is that this definition includes only „tankers‟, and does not include
vessels of any other category including container ships. The deficiency of this
provision is that it exempts from its purview spilling of oil used as fuel on board
by ships like container carriers. These bunker fuels are capable of causing
disastrous oil spills and the Indian law has no control for spills caused by ships
other than tankers.
The same section again states that oil includes “…oil whether carried on
board a ship as cargo or in the bunker of such ship.” This would mean that only
ships adapted for carriage of oil in bulk as cargo and other ships that use oil or
bunker as fuel on board and not as cargo would not fall within the ambit of the
Act. Thus, in practice, the provisions are not adequate to include ships other than
tankers for fixing the civil liability for oil pollution damage.
Under the MSA, pollution damage include, “…loss or damage caused outside the
ship by contamination resulting from the escape or discharge of oil from the ship,
wherever such escape or discharge may occur, provided that compensation for
impairment of the environment other than losses of profit from such impairment
shall be limited to costs of reasonable measures of restoration actually
undertaken or to be undertaken; and the costs of preventive measures and
further loss or damage caused by preventive measures”48. This would mean that
pollution damage is applicable only in cases where there is an actual discharge
and not in cases where there is potential pollution risk.
This provision is not in tune with the international law and domestic laws in
advanced maritime countries. Pollution damage could be given when preventive
measures are taken by the authorities and to potential victims of the
consequences of such measures. The Act provides only for the costs incurred in
restoration of environmental damage. This would again mean that no
compensation is payable for irreparable damage caused to the environment. The
definition is vague as to the meaning of „restoration measure‟. It is not clear
whether the compensation regime covers the damages incurred to the port
authorities because of the closing down of port until the spill is put under control.
It is also not clear whether it covers the lives and means of living of fishing folks
and coastal community. In that way, whether there is any scope for invoking
parenspatriae doctrine as in the cases of other environmental disasters is not
clear.

SHIP OWNER’S LIABILITY UNDER TORT

The common law doctrines of public nuisance, trespass50, negligence51,
rule of strict liability and absolute liability and the riparian owner‟s rights are
incorporated into Indian law but invoked very rarely in air and water pollution
cases. Those doctrines created by the common law is meant to fix liability for the
escape of the noxious objects, careless use of noxious articles and pollutants and
the infringement of property rights in water.
The liability for pollution damage is strict on ship owners, irrespective of
their nationality.
As per the law, “…the owner is a person registered as owner of the ship; in
the absence of registration the person owning the ship; or in the case of a ship
registered in foreign state, the person registered in that state as the operator of
the ship”. He may be exempted from the liability in cases of war, hostilities, civil
war, insurrection and such other unforeseen emergencies. He is also exempted in
cases where the pollution damage is caused entirely by a third party intervention
or negligence by the government authority in providing proper navigational aids.
Exemptions are also granted to war ships and other government ships used for
non-commercial purposes based on the doctrine of sovereign immunity.
When two or more ships are involved in the tort, all the owners are jointly
and severally liable for the loss incurred58.The ship owner is also exempted from
liability if the plaintiff himself had contributed to the pollution damage or loss59.
Under the provisions of the MSA, only the ship owners can be held liable for the
pollution damage. The liability cannot be imposed on the master and crew,
operators and salvors unless there is proven negligence or recklessness by these
persons who have contributed to the pollution damage60. The Act excludes
certain persons from the strict liability regime61. In cases of oil pollution damage
the ship owner cannot limit his liability62.

COMPULSORY INSURANCE AS A REQUIREMENT FOR PORT ENTRY

Compulsory insurance scheme is prescribed under the Merchant Shipping
(Regulation of Entry of Ships into Ports, Anchorages and Offshore Facilities),
2012. “Any vessel of 300 GRT or more, other than Indian Ship, entering into or
sailing out of ports, terminals, anchorages or seeking port facilities or Indian
offshore facilities in Indian territorial waters shall be in possession of insurance
coverage against maritime claims and established policies and procedures for
their supervision”.
The oil or chemical tankers which are more than twenty years old; general
cargo and passenger vessels of more than 25 years old; and LNG tankers of more
than 30 years old should have a class certification by a classification society which
is a member of the International Association of Classification Societies duly
authorized by Indian maritime administration.
The operators of all foreign vessels in Indian waters should have a valid P &
I insurance coverage against all maritime claims as mentioned under the LLMC.
No ship shall be permitted to enter respective port without having P & I insurance
to cover a maritime adventure.

POLLUTION DAMAGES UNDER GENERAL ENVIRONMENTAL LAWS

The liability and damages relating to pollution from hazardous substances is
dealt primarily under the Manufacture, Storage and Import of Hazardous
Chemicals Rules, 1989 made under the EPA, 1986 scheme and also under the
Public Liability Insurance Act, 1991 and the National Environmental Tribunal Act,
1995.
The Public Liability Insurance Act, 1991 gives immediate relief to persons
affected by an accident occurring while handling of hazardous substances and
matters related thereto. The handling of hazardous substances includes
transportation by vehicle other than railways‟ and thus maritime transport and
incidents in connection thereto are coming under the purview of the Act68. The
ship owner‟s strict liability includes providing immediate relief under the
Environmental Relief Fund and from the insurance coverage69. The central
government can exempt any public or state corporations from taking out
insurance policies. This is the greatest deficiency of the Act as it may dilute the
adjudication proceedings. Any excess quantum of damages and as above those
prescribed under the Public Insurance Scheme is enforceable under the National
Environmental Tribunal Act, 1995. In case of environmental damage resulting
during the handling of hazardous substances and also for destruction of bio
diversity, compensation may be claimed under this Act and the liability of the ship
owner is strict.
Even though the provisions of LLMC, 69 are incorporated under the MSA
scheme, India has not ratified the HNS Protocol. Strict enforcement of the
provisions of general environmental law is possible only if the HNS is ratified and
MSA is amended thereby adopting its provisions.
In India, the captain or crew of the ship cannot be held liable for pollution
damage unless “…the incident causing such damage occurred as a result of their
personal act or omission committed or made with the intent to cause such
damage, or recklessly and with knowledge that such damage would probably
result”101. Hence, to impose monetary penalties upon the captain, crew or
agents of the ship owner, there should be a proven act or omission committed
with an intention to cause such damage, or recklessly with full knowledge that
such a damage is the probable result of such acts or omission.
In India, when pollution damage occurs as a result of some marine casualty
within the port area, the master of the ship should first inform the port authorities
and side by side activate the ship board oil pollution emergency plan or the ship
board marine pollution emergency plan to mitigate its effect. The port authority
should handle the pollution as per the crisis management plan for the port,
considering the gravity of the pollution. The ports, maritime boards and
concerned agencies should send the report to the D.G. Shipping. The deputy
conservator for port is the preliminary investigating agency to conduct
investigation about the marine casualty. He submits the report to the judicial first
class magistrate before whom will follow the criminal prosecutions. The
preliminary investigating agency should be an independent agency. This will make
the enquiry speedy and reports accurate. In this manner the trial could be made
more expeditious.
If it is proved that the incident was because of reckless act or willful
violations, criminal penalties may be imposed under the Indian Ports Act, 1908.
Prosecutions are also possible under the Water (Prevention and Control of
Pollution Act), 1974 and the Environmental Protection Act, 1986. The person who
is found to be responsible for pollution of coastal waters may be given
imprisonment for a maximum period of 6 years with additional fine. For repeating
offences, the imprisonment can extend up to 7 years along with additional fine.
For rash and negligent navigation of the vessel, the captain may be imprisoned
for a period of 6 months and with a fine of Rupees 1000 under the Indian Penal
Code. If the marine casualty results in hurt or grievous hurt to the person or
personal safety of others, criminal prosecutions could be initiated under the Penal
Code.
Hence, the Indian law permits criminal prosecution of seafarers under the
provisions of the Merchant Shipping Act, the Indian Ports Act and the general
environmental laws and the Indian Penal Code. One of the deficiencies identified
is that, the sea farer involved in the marine casualty should face double trial-one
under the shipping legislations and the other under the Penal code. This has
created delay in closing the investigation proceedings on time and there are
instances when mariners had to undergo trial for several years.
The major difficulty is that the enquiry under the MSA, 1958 and the Indian
Ports Act, 1908 are administrative enquiries. It is not final as such Therefore,
marine casualties in India face huge investigative delays. To overcome this
difficulty, the Government of India had constituted aMarine Casualty Investigation
Cell in 2010. The Cell was constituted to undertake investigation into marine
casualties, such as groundings, sinking, or collision of vessels or death or grievous
injury or missing reports of seafarers. It has not started functioning.
At least, a dozen marine casualties are reported to have occurred along the
Indian coastal line during the monsoon season every year. Yet, no one knows
about the status of investigations made into them. If any Oil spill happens in USA,
decisions are quick and investigations are conducted and closed at the earliest.
Litigations can follow later. It is hoped that once the new agency starts
functioning, time bound investigations will be conducted in an efficacious manner.

6b) ON ARRIVAL - FREE PRATIQUE

Port health clearance procedures are regulated under the International health
regulation. Ships on being declared a healthy ship to can proceed to berth after
getting free pratique. The declaration of a free pratique being granted by either
informing the port by radio or by hoistingthe „Q‟ flag.
A ship is not declared to be healthy due to any of the following reasons:
Ø Death of persons onboard.
Ø Illness on board.
Ø Suffering an infectious disease.
Ø Circumstances causing spread of disease.
Ø Animals on board – death or sickness amongst them.
Ø Such occurrences occurred on board last 28 days.
In such a case, the ship should inform port control 12 hrs prior arrival or 4 hrs
prior E.T.A., if not possible then on arrival.

ARRIVAL PROCEDURE (DOCUMENTS)

Ø International health regulations – WHO
Ø International health organisation regulates port health procedures. Most
countries implement these in national regulations.
Ø Health clearance is called a 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.
Ø If no such occurrences are there then the Port health officer will generally
give free pratique.
Ø Also under this regulation every ship must carry an International Ship
Sanitation Certificate an exemption certificate as appropriate.
Ø These certificates are issued by the port health authority and are valid for 6
months.
Furthermore, 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 should have this international vaccination
certificate for yellow fever.
With regard to conforming to the health regulations, the Master to complete
maritime declaration of health form.

GENERAL DECLARATION:-
Ø Name and description of ship
Ø Nationality of ship
Ø Particulars regarding registry
Ø Name of master
Ø Name and address of ship‟s agent
Ø Brief description of the cargo
Ø Number of crew
Ø Number of passengers
Ø Brief particulars of voyage
Ø Date and time of arrival, or date of departure
Ø Port of arrival or departure. Position of the ship in port

DOCUMENTS REQUIRED ON ARRIVAL

Ø 5 copies of general declaration
Ø 4 copies of cargo declaration
Ø 4 copies of ship‟s store declaration
Ø 2 copies of crew‟s effect declaration
Ø 4 copies of the crew list
Ø 4 copies of the passengers list
Ø 1 copy of the maritime declaration of health
Ø Port clearance from Last Port
Ø Declaration of security measures as per ISPS requirements

CARGO DECLARATION - ON ARRIVAL

Ø Name and nationality of the ship
Ø Name of the master
Ø Port arrived from
Ø Port where report is made
Ø Marks and numbers: number and kind of packages: quality and description
of the goods
Ø Bill of lading numbers for cargo to be discharged at the port in question
Ø Ports at which cargo remaining on board will be discharged
Ø Original ports of shipment in respect of goods shipped on through bills of
lading

ON DEPARTURE
Ø Name and nationality of the ship
Ø Name of master
Ø Port of destination
Ø In respect of goods loaded at the port in question; marks and numbers;
number and kind of packages; quantity and description of the goods
Ø Bill of lading numbers for cargo loaded at the port in question
Ø Minimum essential information is required
Ø To be signed by master or agent
 Ø Cargo manifest is accepted in lieu of cargo declaration provided it contains
all the details
Ø Details of the cargo in transit
Ø Ship‟s store declaration; Crew‟s effect declaration; Crew list; Passengers
list.

CLEAR GROUNDS:-
Evidence that the ship, its equipment or its crew does not correspond
substantially with requirement of relevant convention or that the master or crew
members are not familiar with essential shipboard procedures relating to the
safety of ship or prevention of pollution.

Clear grounds to conduct a more detailed inspection include:-

1) The absence of principal equipment or arrangements required by
convention:- e.g. MARPOL annex 1 requires that ship above 400 GRT and above
must have an OWS with automatically stopping device, if effluent exceeds 15
ppm. Absence of this principal equipment will lead to detention.
2) Evidence from a review of the ship's certificate that it is clearly invalid:-
e.g. Safety equipment certificate found invalid since no renewal survey was
carried out.
3) Evidence that the ship's logs, manuals or other required documentation
are not on board, are not maintained or falsely maintained:- e.g. ORB part 1 not
present onboard or incomplete. Fire control plan not present.
4) Evidence from PSCO general impression and observation that serious hull
or structural deterioration or deficiency exist that may place at risk the structural,
watertight or weather tight integrity of ship:- e.g. Damaged guard rails, rusted
ladder ways, rusted or patched up pipes on deck.
5) Evidence from PSCO general impression and observation that serious
deficiency occurs in the safety, pollution prevention or navigational equipment:-
e.g. any sign of paint accumulation, seizure of pivot points, absence of greasing
condition of blocks or falls. Navigational lights not working
6) Information or evidence that master or crew is not familiar with key
shipboard operation relating to safety or pollution prevention:- e.g. Chief engineer
does not know how to release CO2 in Engine room. Master not familiar with
emergency steering.
7) Indication that key crew members may not be able to communicate with
each other or other person on board:- e.g. On Indian flag ship, English is working
language. PSCO may ensure that key crew members are able to understand each
other during drill.
8) Absence of an up to date muster list, fire control plan and for passenger
ships a damage control plan:- e.g. signed off crew name still in muster list.
9) The emission of false distress alerts not followed by proper cancellation
procedure:- e.g. if EPIRB is accidentally actuated then it should be set right and
nearest coastal authority informed about accident.
10) Receipt of a report or complaint containing information that a ship
appears to be substandard:- e.g. Suppose a third engineer has reported that the
OWS does not alarm. PSCO may conduct detailed examination and should not
disclose the source of information.
 The concept of a state exercising its jurisdiction over ships that ply its
waters and particularly those that call at its ports is well established in both
history and legal practice. It is universally acknowledged that once a ship
voluntarily enters a port it becomes fully subject to the laws and regulations
prescribed by the officials of that territory for events obliged to comply with the
coastal regulations about proper procedures to be employed and permissible
activities within the internal waters. 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 international regulations and that the
ship is manned and operated incompliance with these rules.
Port State Control (PSC) is a ship inspection program whereby foreign
vessels entering a sovereign state's waters are boarded and inspected to ensure
compliance with various major international maritime conventions, namely:
1. International Convention for the Safety of Life at Sea (SOLAS),
2. International Convention for the Prevention of Pollution from Ships
(MARPOL),
International Convention on Standards of Training Certification and Watchkeeping
for Seafarer (STCW)
3. Load Lines (LL),
4. Convention on the International Regulations for Preventing Collisions at
Sea.
5. (COLREG)
6. International Labour Organization‟s Maritime Labour Convention.
As has been mentioned, the STCW 2010 saddles primary responsibility with
the flag state. Regulation 1/4 goes on to prescribe the boundaries of port state
intervention. The subordinate position of the port state is highlighted by the fact
that subsection 1 of these regulations limits the port state control to the
inspection of the "appropriate certificate or a valid dispensation".
However, subsection 3 of the same Regulation demonstrates the recognition that
the port state must be given a certain degree of flexibility in order to be able to
act as an effective safety net. Thus, the subsection allows for an assessment
where "there are clear grounds for believing that such standards are not being
maintained".
Again, several prescribed categories lay out where such „clear grounds‟ exist
so as to delineate the boundaries of intervention. Again, these boundaries are
blurred by the catch-call stipulation that intervention is allowed whenever the
“ship is otherwise being operated in such a manner as to pose a danger to
persons, property or environment”. It is these broad categories, which provide
the „legal loop-hole‟ for port state regulation of human factors in the appropriate
circumstances. This must be interpreted also to include safety drills to
demonstrate effective crew coordination and communication when there are
grounds to believe that ineffectiveness in this relation have been the cause of
dangerous operation.
 The ISM Code requires the company to provide, in clear and concise terms,
a statementdescribing what it aims and intentions are with regard to its SMS
along with outline details of how those aims and objectives are to be achieved.
The significance and importance of the Safety and Environment Protection
Policy should not be underestimated – for it may come under very close scrutiny
if a major incident occurs. The policy is basically a statement by the company to
all its employers, whether ashore or on board. It is very important that the
statement on the policy really does voice the intentions, aspirations and
commitment of that particular company rather than some eloquent prose of
bought off-the-shelf SMS! From a practical point of view such a policy would be
needed in order for the company to have credibility with its personnel with regard
to its commitment to safety and protection of the environment. Furthermore, it
should be anticipated that if an incident did arise involving the company then the
press and media would certainly scrutinise the policy most carefully and use it to
criticise, ridicule or condemn the company. Also, for different but related reasons,
the courts would also look very carefully at the policy statement as well as the
historical track record of the company in light of the policy statement.

SAFETY MANAGEMENT SYSTEM (SMS)

It would not be an overstatement to claim that what the ISM Code is all
about is the development and implementation of a safety management system
(SMS). The responsibility is upon the owning or operating company to develop,
implement and maintain not only a written but dynamic safety management
system covering a whole range of safety, environmental and related matters. The
functional requirements as set out in the code are really just the main chapter
headings of the ISM Code – the named organs, as it were, of the SMS. They are
not intended to be an exhaustive list but rather represent the minimum
requirements of an acceptable SMS. It is the structure, implementation and
working of the SMS, which will be the real deciding factor of whether or not a
company is complying with the ISM Code. The entire debate about the legal and
insurance implications will pivot around the working of the SMS.
Ship Masters are responsible for the ship and, inter alia, for the health,
safety and welfare of those persons on board. The master must be fully
conversant with the company‟s policy, have received the necessary training and
possess the skills to fulfil imposed responsibilities. The responsibilities which the
master is expected to fulfil include:
Ø Commitment to the programme,
 Ø Familiarity with the policy, programme and associated procedures,
Ø Monitoring and providing feedback on the programme through the ship‟s
safety committee,
Ø Monitoring the performance of ship‟s officers and seafarers,
Ø Identifying drug and alcohol abuse problems,
Ø Carrying out disciplinary procedures,
Ø Obtaining medical or specialist advice and dealing with emergency medical
situations,
Ø Executing testing procedures (where required),
Ø Co-operating with foreign port authorities and ensuring conformance to
national or foreign regulations, and
Ø Monitoring and controlling consumption.
However, after several years of practical experience, it was felt that the Code was
so important that it should be mandatory.
Ø The ISM Code establishes safety management objectives which are:
Ø To provide for safe practices in ship operation and a safe working
environment;
Ø To establish safeguards against all identified risks;
Ø To continuously improve safety management skills of personnel, including
preparing for emergencies. The Code requires a safety management system
(SMS) to be established by "the Company", which is defined as the ship
owner or any person, such as the manager or bareboat charterer, who has
assumed responsibility for operating the ship. This system should be
designed to ensure compliance with all mandatory regulations and that
codes, guidelines and standards recommended by IMO and others are taken
into account.

7 I,ii,iii) Maritime casualties are on the rise along the Indian coastal line. Total
elimination of shipping accidents is impossible because the risk of natural perils of
the sea is inherent in the transportation of goods. Lack of co-ordination between
various authorities, willful and negligent violations of international and national
safety rules, inept communication and signal systems, lack of commitment on the
part of regulators and ship owners have contributed to the increase in the number
of shipping casualties in the recent past. Accidents continue to occur irrespective
of the technology advancements and capacity building measures to prevent it. Yet
it remains a reality that the response measures and investigative and
adjudicatory mechanisms remain the same as it was a hundred years ago.
A maritime casualty may result in loss of life, personal injury, loss of cargo
and environmental degradation. In that case, only an effective and quick
response system can minimize its impact on port environment. Whether this
response system is in accordance with the IMO vision and comparable with similar
systems world- wide is a significant question. When there is pollution in ports as a
result of a maritime casualty, who should be held responsible, how to fix the
liability and the quantum of compensation are some of the vital issues that the
law should be able to address. As per the provisions of the Merchant Shipping Act
1958, a wreck may happen not only in territorial waters or areas beyond that but
also in the tidal waters or on the shores or the coasts16. Yet, a harbour or port is
exempted from the place of occurrence of wreck under the Act. Hence, if the
wreck, stranding or sinking of the ship happens in the port, the provisions of the
Indian Port Act, 1908 and the powers of the deputy conservator in preventing
pollution will apply.
Under the Indian law, the abandonment of the vessel beyond any hope or
intention is the criteria for treating it as a wreck18. Hence, the vessel about to be
stranded included under the Convention and OPA Scheme does not find
application in India. The potentially polluting wreck is not a wreck as per the
Indian law. Hence, if a vessel sinks or capsizes in the port area, unless the owner
abandons it, the laws on wreck may not be applicable to it.
Wrecks include goods and vessels. It may happen in sea, tidal waters, and shores
or in the coast.
Under the Indian Ports Act, 1908, if a ship is wrecked, stranded or sunk
within the port limits, the Conservator of the Ports or in the absence of such an
office, the Harbour master may give notice to the owner of the vessel, to raise,
remove or destroy the vessel within such period as may be specified in the notice
and to furnish such adequate security to the satisfaction of the conservator to
ensure that the vessel shall be raised, removed or destroyed within the said
period‟20. If the owner does not comply and act upon the notice, the conservator
may raise, remove or destroy the property and claim the compensation from the
owner21. Mostly, the salvage activity will be done by private salvors in agreement
with the Port Trust. Within the port limits, the capacity of the party to carry out
salvage, the methods used to raise or remove or destroy the vessel is subjected
to the expert opinion of the deputy conservator of the port. Normally, the court
will not interfere with these technical decisions.
For example, on 16th June 2013, M.T.PratibhaTapi, which was anchored
along the Mumbai coast drifted towards the Maldha Island and capsized, thereby
raising considerable public outrage against the authority delay in initiating the
response proceedings. The vessel was under financial distress and was allowed to
operate with lesser number of required crew during the pre-monsoon season. The
D.G. Shipping requested the shipping corporation of India to send emergency
towage vessel to tow the tanker off the port area. The ship had 2000 tonnes of
fuel oil on board.
During the collision between MSC Chitraand M.V. Khalija, salvage operations
were delayed because the equipments for salvage could not be brought inside the
port area due to complex customs formalities.
When such incidents like collisions and grounding of vessels happen and
when salvage operations are not possible, it may be treated as wreck under the
international regime. But as under the Indian law it is not possible. Then how
could the receiver intervene and raise, remove or clear the obstruction causing
substantial pollution threats to the port environment and public health? All powers
vested with the receiver to ensure safety of navigation and control of pollution
becomes a myth only because of the deficiency in defining „wreck‟ under the
Indian law. Mostly the ships capsized in the Indian waters are reported to have
been registered either under the Indian registry or the registry of Flags of
convenience countries. Once, abandoned, the owners may not be claiming the
wreck. This makes the enforcement of the compensation regime extremely
burdensome. If India wants to strictly enforce the wreck and salvage laws, clear
legislative provisions on ship registration should be implemented.
The Coast Guard Act, 197827, empowers the Coast Guard of India, to take
measures to ensure the security of maritime zones of India, which includes
control of marine pollution. The Director General of Coast Guard is the
enforcement authority under the Act. He acts under the supervision of the central
government. The coast guard has got the responsibility to prevent and protect the
marine environment of the country and ensure safety in territorial waters.
India is a party to the Oil Pollution Preparedness, Response and Cooperation
Convention, 1990 and is under a duty to establish measures for dealing with
pollution incidents, either nationally or in co-operation with other countries. Major
cargo handled by Indian ports is oil and therefore, the coast guard has developed
a National Oil spill Contingency Plan to mitigate the effects of oil pollution
casualties, in response to the call of OPRC. “Under this plan, the Direct General of
Indian Coast Guard is the central coordinating authority for enforcing NOS-DCP.
The President of India has further strengthened the plan by issuing a directive to
the coast guard to enforce NOS-DCP by an amendment to the Union of India
Business Rules, 1961.
Under the Allocation of Business Rules, 1961, functional responsibilities of
the Indian coast guard include “surveillance of maritime zones against oil spills,
combating oil spills in various maritime zones except in the waters of major ports,
central coordinating agency for combating of oil pollution in the coastal and
marine environment of various maritime zones of the country, implementation of
national contingency plan for oil spill disaster, controlling activities in various
maritime zones except within the limits major ports which includes inspection of
oil record books and detentions of violators of the section 356 g (1) and of the
Merchant Shipping Act, 195831 and checking of vessels for carrying necessary
Insurance certificates against oil pollution damage”.
Within the port area, the port trust has got functional jurisdiction to enforce
the plan. The coast guard is the central coordinating agency for the
implementation of the plan. The Ministry of Shipping acts through the port trust in
discharging its functional responsibility to “prevent and control of pollution arising
from ships all over the sea including the major ports areas, enactment and
administration of legalization related to prevention, control and combating of
pollution arising from ships. It functions through ports authorities within port
limits regarding the inspection of oil record books, apprehending of violators of
anti- pollution provisions mentioned under the Merchant Shipping Act, 1958 and
monitoring and combating of oil pollution in the port areas”.
 DGS:ASM PAPERS DATE-NOVEMBER’2015
Q1)

1 B)
2a) The objective of an investigation is to prevent similar marine casualties and
incidents in the future. In accordance with the Casualty Investigation Code and
the Maritime Administration and Marine Safety Law an investigation is
independent from a criminal investigation or other investigation conducted in
order to determine the fault and liability of persons. Authorities, which conduct a
criminal investigation or other investigation regarding the relevant event in order
to determine the fault and liability of persons, shall ensure that the investigation
conducted in accordance with this Regulation is not prohibited, discontinued or
hindered because of these investigations. If law enforcement institutions have
notified the Investigation Bureau that criminal proceedings or departmental
examination regarding the relevant event has been initiated, the Investigation
Bureau shall ensure that the criminal proceedings or departmental examination is
not hindered because of the investigation conducted thereby (for example,
expert-examination of the potential material evidence is not performed without
coordination with the person directing the proceedings).

SHORT DESCRIPTION OF THE CASUALTY/INCIDENT - This part shall outline

the basic facts of the marine casualty or incident; what happened, when, where
and how it happened; whether any deaths, injuries, damage to the ship, cargo,
third parties or environment occurred as a result.

FACTS - This part shall include a number of discrete sections, providing sufficient
information that substantiates the analysis and eases understanding of the
situation. These sections shall include the following information: Ship particulars -
the name of the ship; IMO number; the flag State; main characteristics; owner
and actual manager (charterer, operator); construction details; minimum safe
manning; the type of the ship; voyage particulars - ports of call; type of voyage;
cargo information; manning; marine casualty or incident information - type; date
and time; location of the casualty (position); internal and external environment;
place on board; ship operation and voyage segment; human factors data;
consequences (for people, ship, cargo, environment, other); shore authority
involvement and emergency response - who was involved; means used; speed of
response; actions taken; results achieved.
AS PER MS ACT 1958
The objective of a casualty investigation is to:
ü Find out what went wrong
ü The circumstances due to which the casualty took place
ü Apportion responsibility
ü Take necessary action against the defaulters
ü Conclude lessons learnt
ü To give warnings to others of what not to do in order to prevent a similar
incident
ü To update annual statistics of incidents
(c) If the central government has reasons to believe that there are grounds for
charging the ship‘s officer with in competency or misconduct, the central
government may transmit a statement of the case to any court having jurisdiction
which is at or nearest to the place where it may be convenient for the parties and
witnesses to attend and may direct the court to make an inquiry into that charge.
Before commencing the inquiry, the court shall cause the officer so charged to be
furnished with a copy of the statement transmitted by the central government.
For the purpose of any inquiry into any charge, the court may summon the
person to appear, and shall give him an opportunity of making a defense either in
person or otherwise.

(d) A MARINE BOARD may, after investigating and hearing the case if it is of the
opinion that the safety of an Indian ship requires it, remove the master and
appoint another qualified person to act in his stead. If the marine board is of the
opinion that the master or any officer is guilty of incompetence or misconduct,
suspend the certificate of the master or that officer. In such a case, the master or
the ship‘s officer is required to be furnished with a statement of the case in
respect of which an investigation has been ordered and the person concerned has
been given a right to defense.
Every flag state has to carry out investigation in any casualty occurring on
board the ship flying its flag. This responsibility is laid down in various
conventions of IMO. Following are the conventions and articles under which above
responsibility is laid down:-
1) UNCLOS:- Article 94(7) states that " each state shall cause an inquiry to
be held by a suitably qualified person/persons into every marine casualty or
incident of navigation on the high seas involving a ship flying its flag and causing
loss of life or any other incident involving another state or marine environment."
2) SOLAS 74:- Reg 1/ 21 states that " Each Administration undertakes to
conduct an investigation of any casualty occurring to any of its ships subject to
the provisions of the present convention when it judges that such an investigation
may assist in determining what changes in the present regulations might be
desirable."
3) Article 12 of MARPOL73/78 and article 23 of ILLC also states more or less
same as stated in above conventions.
To harmonize the casualty investigation a code was adopted on
27th November 1997 in IMO resolution A849(20) called casualty investigation
code. Lets us see the salient features of the code.
1) NECESSITY OF CODE:- It was acknowledged that the investigation and
proper analysis of marine casualties and incidents can lead to greater awareness
of casualty causation and result in remedial measures including better training to
enhance safety of life at sea and protection of environment.
It was also recognized that a standard approach and
cooperation between governments, to marine casualty and incident investigation
is necessary to correctly identify the cause.

2) OBJECTIVE:- Objective to any marine casualty investigation is to prevent

similar casualties in future. Investigations identify the circumstances of the
casualty under investigation and establish the cause.

3) WHO WILL DO THE INVESTIGATION:-

a) Flag state has to carry investigation in all casualties occurring to its ship.
b) If casualty occurs in territorial sea of a state, then flag state and coastal state
should cooperate to maximum extent and mutually decide who will be the lead
investigating state.
c) If casualty occurs at high seas then flag state has to carry out investigation.
But if the casualty involves other other parties or affects environment of other
state, then all substantially interested state should work together and decide who
will be the lead investigating state.

4) CONSULTATION AND COOPERATION BETWEEN STATES:- If casualty has

taken place in territorial water of any state then the coastal state should without
delay report the matter to flag state.Also if the casualty involves other parties all
substantially interested parties to be informed by investigating state.
When two or more states have agreed to the procedure for a marine casualty
investigation, the state conducting the investigation should allow representative of
the other state to:-
a) Question witness
b) view and examine documents and evidence
c) Produce witness and other evidence
d) Comment on and have their views properly reflected in final report.
e) Be provided with transcripts statement and final report relating to
investigation.

5) RECOMMENDED PRACTICE FOR SAFETY INVESTIGATION:-

a) Investigation should be thorough and unbiased.
b) Cooperation between substantially interested states.
c) It should be given same priority as criminal or other investigation.
d) Investigator should have ready access to relevant safety information including
survey records held by flag state , owner, class etc.
e) Effective use should be made of all recorded data including VDR in the
investigation of casualty.
f) Investigator should have access to government surveyors, coastguard officers,
pilot or other marine personnel of respective states.
g) Investigator should take account of any recommendation published by IMO or
ILO regarding human factor.
h) Reports of investigation are most effective when circulated to shipping industry
and public.

6) REPORTING TO IMO: - After investigation the lead investigating state should

circulate draft report to coastal state and substantially interested state for
comments. If no comment is received within 30 days lead state should send the
final report to IMO. Very serious marine casualty means a ship casualty which
involves total loss of ship, loss of life or severe pollution.

THE INTERNATIONAL CONVENTION ON STANDARDS OF TRAINING,

CERTIFICATION AND WATCHKEEPING FOR SEAFARERS (OR STCW), 1978 SETS
QUALIFICATION STANDARDS FOR MASTERS, OFFICERS AND WATCH PERSONNEL
ON SEAGOING MERCHANT SHIPS. STCW WAS ADOPTED IN 1978 BY
CONFERENCE AT THE INTERNATIONAL MARITIME ORGANIZATION (IMO) IN
LONDON, AND ENTERED INTO FORCE IN 1984. THE CONVENTION WAS
SIGNIFICANTLY AMENDED IN 1995.

MAJOR CHANGES AND AMENDMENTS

Major changes and amendments were made for engine department followed by
other structure of the system.
The important changes to each chapter of STCW Convention and Code include:
1) Revalidation for higher and managerial level officer for certificate of
competency (COC) issued by any governing authority.
2) New and improved training guidance for crews and officer serving onboard.
3) New requirements for MARPOL awareness which includes training in
leadership and teamwork.
4) Stringent measures for preventing fraudulent certificate of competency
(COC) to flow in international market.
5) Rest hour onboard has been increased from 70 hours to 77 hours per week
for decent working of seafarer onboard.
6) Introduction of Electro-technical officer with approved training and COC
7) More facilities and better training for junior engineer and cadets to tackle
the problem of shortage of officer.
8) Updated drugs and alcohol policy and stringent medical examination.
9) New requirement for Able seaman to have a certificate of competency for
boarding vessel.
10) New methods of training in modern technology like electronic chart display
and information system (ECDIS).
11) Stringent competency norm for ship staff serving on tanker, gas and chemical
carrier.
12) New and improved requirement for ISPS trainings and also trainings to tackle
the situation of piracy attack.
13) Inclusion of modern training methods introducing distance learning and web
based learning.
14) New training regulations for ship staff in polar water and personnel operating
dynamic positioning system.
15) An initiative is taken by IMO to cope up the shortage of seafarer‘s world wide
by starting ―go to sea campaignǁ .
The above mentioned points are just a bird‘s eye view of the discussion held in
Manila conference. More points will be included when the norms come on paper.
Ans:- Towage differs from the carriage of goods in that under a towage situation
one vessel which is self-propelled generally tows one or more vessels, usually
barges that are not self-propelled. Towage is ―[t]he supplying of power by a
vessel, to draw anotherǁ vessel. The key determination between towing and
salvage is whether a peril exists. Simply put, if the vessel is not in ―perilǁ then it
is not salvage. If a vessel is simply providing a service, i.e. fuel, tow, assistance,
then it is likely a tow.

A contract or three elements are necessary to a valid salvage claim:

1. A marine peril.
2. Service voluntarily rendered when not required as an existing duty or from
a special contract.
3. Success in whole or in part, or that the service rendered contributed to
such success.
Therefore, as described above a vessel must be in trouble, danger, or
specifically ―peril.ǁ For example if it is a soft aground the danger may not be
described as peril, however if it is hard aground then the danger may fall into the
realm of ―peril.ǁ When a vessel is in this perilous state the salvager must be doing
so voluntarily, not under a duty like the coast guard or other similar mechanism.
Finally, the salvage must be successful.

A criterion for whether a towing vessel has become a salving vessel is ―have there
been supervening circumstances which would justifying her in abandoning her
contract?ǁ — Not the tow, but abandoning the contract to tow.
It must be ascertained as to whether the services that were to be rendered
eventually by the tug such as to have been beyond the reasonable contemplation
of the parties when they originally negotiated the towage contract.
It is beyond doubt that towage and salvage services cannot be performed
concurrently. One must finish before the other starts.
Definite guidelines have been established in the courts(1928 The Homewood
case) to determine where the towage stops and salvage starts. For the tug owner
to consider rightly that he had taken on the role of salvor it is essential that:
a) the services he performed were of such an extraordinary nature that they
could not have been within the reasonable contemplation of the parties to the
original towage contract.
b) the services in fact performed and the risks in fact would not have been
reasonably remunerated if the contractual remuneration only was paid.
In short, mere difficulty in the performance of the towage does not automatically
‗convert‘ the towage into salvage. The burden of proof is heavy and lies upon the
tug owner claiming the salvage reward. He must show that the nature of the
service changed from towage to salvage through no fault or want of skill on his
part and simply and solely by accident or fortuitous circumstances over which he
had no control.

(B) DEFINITION OF GENERAL AVERAGE

If a cargo ship‘s master voluntarily sacrifices the cargo, equipment or funds from
the ship to save the voyage, then all parties involved in the venture (including all
cargo owners) are required to make a proportional contribution to cover the costs
incurred.
When a General Average is declared by the ship‘s master the cargo would not be
released until the cargo owners put up a cash bond or the cargo insurers put up a
General Average guarantee.
The law of GENERAL AVERAGE is a legal principle of maritime law according to
which all parties in a sea venture proportionally share any losses resulting from a
voluntary sacrifice of part of the ship or cargo to save the whole in an emergency.
In the exigencies of hazards faced at sea, crew members often have precious little
time in which to determine precisely whose cargo they are jettisoning. Thus, to
avoid quarrelling that could waste valuable time, there arose the equitable
practice whereby all the merchants whose cargo landed safely would be called on
to contribute a portion, based upon a share or percentage, to the merchant or
merchants whose goods had been tossed overboard to avert imminent peril.
While general average traces its origins in ancient maritime law, still it remains
part of the admiralty law of most countries.

(C) AVERAGE ADJUSTERS are expert in the law and practice of general average
and marine insurance. Fellows of the Association of Average Adjusters have
demonstrated their expertise by rigorous examination. Average Adjusters prepare
claims under marine insurance policies which generally involve loss or damage to
marine craft, their cargoes or freight. They may also be called upon to prepare
statements of claim against third parties and to deal with the division
of recoveries from third parties. General Average is a particular area of expertise.
Average Adjusters are usually instructed to collect general average security, and
also salvage security, and to prepare general average statements and to assist in
effecting settlements there under. 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.
(b) CHECK LIST OF ITEMS TO BE AGREED BETWEEN THE MASTER AND
THE PILOT
NAVIGATION ADVICE TO PILOT
ü Vessel‘s heading, speed, RPM. (speed increasing/ decreasing)
ü Distance off/ bearing of nearest appropriate navigating/ aid or landmark
ü ETA at next course change position, next course/ heading
ü Point out converging and close – by traffic
ü Depth of water under the keel
ü Any other items
REACH AGREEMENT ON UNDERWAY PROCEDURES
ü Manoeuvres for narrows, bends, turns, etc
ü Courses/ headings, distance off danger areas, maximum speed
ü Restrictions: day versus night movement/ berthing
ü Tide and current conditions not acceptable
ü Minimum acceptable visibility at any point
ü Use of anchor (planned, emergency)
ü Maneuvers not requiring tugs
ü Maneuvers requiring tugs
ü Number of tugs required (and when)
ü Source of tug securing lines: ship or tug
ü Push/ pull power of required tugs
ü Communications procedure between vessel and tugs
ü Placement of tugs alongside
ü Crew standby requirement – number available and stations
ü Expected time vessel has to arrive at berth/ turning basin at high / low /
slack water average speed to his positions
ü Any other items
REACH AGREEMENT ON MOORING / UNMOORING PROCEDURES
ü Maximum acceptable wind force and direction
ü Unmooring procedures without tugs in event of emergency
ü Sequence of running out/retrieving-mooring lines / Wires
ü Mooring lines to be run out by launch and time to run lines
ü Provision for dock line handlers
ü Determine which side to
ü Fire wires required
ü Any other items
ü The master retains overall responsibility for the vessel and her operation,
for having a competent watch on duty and seeing that they perform their
work efficiently, for being sure a proper lookout is maintained, and for
compliance with all regulations and statues including the ―Rule of the Road
 (COLREGS)ǁ . The master‘s authority is never completely in abeyance even
while a pilot (compulsory or not) has immediate charge of the ship‘s
navigation. The master is also responsible for his own professional
competency, including having sufficient knowledge and experience to be
able to judge the pilot‘ s performance and recognize significant pilot error,
and to have studied and the local waters and be able to recognize known
and published dangers.
The master has a duty to advise or relieve a pilot in cases of:
o Intoxication
o Gross incompetence to perform the task at hand

ü Once the marine pilot is on board the ship, the first thing he seeks from the
‗bridge team‘ is the Pilot Card. This is his first window to the nature of the
ship he is entrusted to guide and navigate.
ü The Pilot Card reveals the vessels LOA (Length Over All), its beam, its dead
weight, its tonnage, its draft forward and aft, the engine‘s RPM & speed
(both ballast & loaded) during its different phases of ahead and astern
(e.g.-dead slow ahead) the nature of the propeller (i.e. whether CPP, VPP,
normal right handed, Schottel, Voith Schneider, etc), her bow & stern
thruster‘s power, if available and other technical details.
ü Taking a glimpse at the pilot card, the pilot judges the nature of the ship
and works his plan accordingly. He confirms the nature of canting of the
vessel, i.e. in which direction the bow or the stem of the vessel will move –
due to the effects of screw race and transverse thrust – once the engines
are put on astern. He also takes a look at all the navigation equipment tools
of the ship.
ü Minutes within the movement of the vessel under his guidance, the pilot
tries to confirm his preliminary guess about the ship‘s behavior. Naturally,
here, his experience falls short of the ship‘s master, who knows his ship far
better just because of the simple fact that he has spent more time than his
guest on the bridge.
ü But where the pilot is at a distinct advantage over the ship‘s bridge team is
his acquaintance with the domain in which the vessel is plying. It can be
confined waters, a channel, a river, a creek, an estuary or even out at sea,
where he has to maneuver and make either an approach or sheer out from
the berth or jetty. He knows the underwater shallow points, the prevailing
wind direction and its effects on the freeboard of the ship, the current of
tide or eddies etc. He also knows how to use the marine navigation systems
and electronic tools in the most efficient manner in such areas. This makes
his place on the bridge virtually indispensable. Clearly, the master and pilot
have their own strongpoint and it is the best possible option to utilize both
of their expertise for the safe passage of the ship. Thus a synergy between
the pilot and the master is necessary to avoid any hazard. The relationship,
naturally, will have to be of mutual respect and mutual trust. The master is
however at liberty to interfere at any point of time if he sees his vessel is in
danger. But it is expected that he informs the pilot about the impending
danger and then takes appropriate corrective measure or even take over
 the control of his vessel. Again at times it is seen that the pilot is taking
some calculated risk which the master fails to endorse. The master ignores
the advice. It is imperative on the part of the pilot to make him understand,
if time permits, when he sees that the master is uncomfortable. Only time
will tell who was on the right side of things. However, if the master
endangers port installation in the process, the pilot is required to inform the
shore station that he has no longer the ―connǁ of the vessel. If the master
now wants to re-entrust the ―connǁ of the vessel to the pilot, he generally
has to give a verbal or written undertaking before the things start all over
again. Thus, into thick of things, it is expected of both the master and the
pilot to shun their ego and co-operate and co-ordinate with each other so
that the vessel is berthed safely or she sails out without any hustle.

A) ―Deliveryǁ means:
(i) In the case of a negotiable multimodal transport document, delivering of the
consignment to, or placing the consignment at the disposal of, the consignee or
any other person entitled to receive it;
(ii) In the case of a non – negotiable multimodal transport document, delivering
of the consignment to, or placing the consignment at the disposal of, the
consignee or any person authorized by the consignee to accept delivery of the
consignment on his behalf; the multimodal transport operator shall be liable for
loss resulting from:
(a) Any loss of or damage to, the consignment;
(b) Delay in delivery of the consignment and any consequential loss or
damage arising from such delay.
Where such loss, damage or delay in livery took place while the
consignment was in his charge;
ü Provided that the multimodal transport operator shall not be liable if he
proves that no fault or neglect on his part or that of his servants or agents
had caused or contributed to such loss, damage or delay in delivery.
ü Provided further that the multimodal transport operator shall not be liable
for loss or damage arising out of delay in delivery unless the consignor has
 made a declaration of interest in timely delivery which has been accepted
by the multimodal transport operator.
Explanation: For the purposes of this sub- section, ―delay in delivery: shall be
deemed to occur when the consignment has not been delivered within the time
expressly agreed upon or, in the absence of such agreement, within a reasonable
time required by a diligent multimodal transport operator, having regard to the
circumstances of the case, to effect the delivery of the consignment.

5 (b) On board:
a) Minimum or only one access to ship and effective gangway watch
maintained all the times
b) Person with identity should always be checked and unauthorized persons
refused access
c) Gangway to be raised during period of non use
d) All store rooms, mast houses, entrance to accommodation (except only
one entrance to accommodation) should be locked in accordance with fire
and safety regulations
e) Cargo work if not 24 hrs, access to hold should be checked at end of
each working periods, hatches closed, all accesses to cargo holds locked
f) Maintained deck watch all the times in port and anchorage especially
stowaway is a problem
g) At port/anchorage in night:
h) Well lit deck and over-side area
i) Check mooring ropes and anchor cable regularly to deter stowaway to
gain access
j) With reduced manning difficult to maintain 24 hrswatch, master to
employ shore watchmen
k) Shore watchmen from reputed company and arranged by ship‘s agent
and P& I correspondent
l) Master to display incorrect information on sailing board
Additional expenses for shore watchmen and human occupancy detector are
not covered by P & I club.

CHARTERER RESPONSIBILITY
ü To exercise due care and diligence in preventing stowaway gaining access
to v/l by means of secreting himself in goods or container shipped by
charterer.
ü If stowaway is found thru container or goods, this will constitute a breach of
charter, for which he shall be liable and holds s/o harmless and indemnify
against all claims, which may arise and made against them.

LOG BOOK ENTRIES

ü Details of watch security arrangements at port
ü Time, date and outcome of stowaway searches conducted by crew as per
company.
DISCOVERED STOWAWAY ON BOARD
ü Follow company guidelines.
ü Establish where more stowaway onboard.
ü Notify ship-owner and agent at next port of call.
 ü Establish identity of each stowaway.
ü Establish documents stowaway has in his/her possession.
ü Humanitarian obligation to provide maintenance e.g. food, water, sleeping
accommodation, washing and toilet facility.
ü Not an easy situation onboard, as a physical danger to crew or infectious
disease.
ü No matter whatever the situation to be treated humanely.
ü If more than one stowaway - keep them separate. Also establish following:
ü Full name.
ü Nationality.
ü Postal and residential permanent or last address.
ü Date and place of birth.
ü Name, date and place of birth of either or both parents or other next of kin
including their postal and residential address.
ü Details of any document found in stowaway‘s possession, such as passport,
CDC or identity card.
ü Stowaway not be socialize and become friendly with crew.
ü Never allow stowaway to escape in port as ship's officer(s) may be fined by
Immigration.
ü Do not allow stowaway on work.
ü Proper logbook entries made for the period of stay of stowaway.

6 a)
(a) IMO has encouraged the establishment of regional port state control
organizations and agreements on PSC – Memoranda of Understanding or MOU –
have been signed covering all of the world‘s oceans:
1. Europe and the north Atlantic (Paris MOD);
2. Asia and the Pacific (Tokyo MOU);
3. Latin America (Acuerdo de Vifiadel Mar);
4. Caribbean (Caribbean MOD);
5. West and Central Africa (Abuja MOD);
6. The Black Sea region (Black Sea MOD);
7. The Mediterranean (Mediterranean MOU);
8. The Indian Ocean (Indian Ocean MOU); and
9. The Arab States of the Gulf (GCC MOU (Riyadh MOU

In addition to the promotion of international conventions, the IMO passes

its own Assembly resolutions, which in turn bind the member States of the IMO.
 It is these resolutions therefore, which coupled with the international
conventions, impose obligations on port state to exercise the controls envisaged
by the resolutions. The IMO has recently consolidated its port state control
measures.
The consolidated resolution and its annexure set out the procedures for port
state control in chapter and verse. Inspections are categorized as initial port state
inspections and then more detailed inspections. Guidelines are provided for
detention and reporting procedures.
Not only do the IMO provisions require surveys and inspections to ensure
that vessels comply with the appropriate international conventions, they also now
make it possible for port state control officers inspecting foreign ships to check
operational requirements 'when there are clear grounds for believing that the
master or crew are not familiar with essential ship board procedures relating to
the safety of ships'. It should also be noted that the IMO plays an active role as
observer in the activities of the regional port state control co-operation groupings
referred to below.
The first recognition was given to PSC by Article 25 of UNCLOS, which
empowered states to take necessary steps to prevent the breach of conditions by
vessels calling at any port. This provided the framework upon which the
subsequent conventions and resolutions of the IMO could hang. Important to our
present discussion is Resolution A.596 (15), which pointed out that ‗the great
majority of maritime accidents are due to human error and fallibility and that the
safety of ships will be greatly enhanced by the establishment of improved working
practice‘. In 1995 Resolution A.742 (18) gave content to this by allowing a port
state control inspector, who had "clear grounds" for believing that the operational
condition of any ship did not meet with the stipulations of Convention. Central to
this was an enquiry into whether key crewmembers could communicate
adequately with one another and if the officers in charge of the navigational watch
were familiar with bridge control and navigational equipment. Thus, in these
Resolutions, we see the beginning of a focus on the human element, which
departed from the previously restricted ambit of port state control inspection that
involved checking certificates and documents only.

(b) Under SOLAS regulation I/21 and MARPOL articles 8 and 12, each
Administration undertakes to conduct an investigation into any casualty
occurring to ships under its flag subject to those conventions and to supply the
Organization with pertinent information concerning the findings of such
investigations. The Load Lines Convention also requires the investigation of
casualties. Under the United Nations Convention on the Law of the Sea (UNCLOS),
article 94 on Duties of the flag State, paragraph 7, ―Each State shall cause an
inquiry to be held by or before a suitably qualified person or persons into every
marine casualty or incident of navigation on the high seas involving a ship flying
its flag and causing loss of life or serious injury to nationals of another State or
serious damage to ships or installations of another State or to the marine
environment. The flag State and the other State shall co-operate in the conduct of
any inquiry held by that other State into any such marine casualty or incident of
navigation.ǁ IMO adopted a new Code of International Standards and
Recommended Practices for a Safety Investigation into a Marine Casualty or
Marine Incident (Casualty Investigation Code) when the Maritime Safety
Committee (MSC) met in London, for its 84th session in May 2008.Relevant
amendments to SOLAS Chapter XI-1 were also adopted, to make parts I and II of
the Code mandatory. Part III of the Code contains related guidance and
explanatory material. The new regulations, entered into force on 1 January 2010
and expand on SOLAS Regulation I/21, which requires Administrations to
undertake to conduct an investigation of any casualty occurring to any of its ships
"when it judges that such an investigation may assist in determining what
changes in the present regulations might be desirable".
The Code requires a marine safety investigation to be conducted into every
"very serious marine casualty", defined as a marine casualty involving the total
loss of the ship or a death or severe damage to the environment. The Code also
recommend an investigation into other marine casualties and incidents, by the
flag State of a ship involved, if it is considered likely that it would provide
information that could be used to prevent future accidents. The activity of the
groups on casualty analysis is based on the Casualty analysis procedure, which
includes a process of analysis of casualty investigation reports, graphic
representation of the typical flow of casualty information, procedures for
evaluating safety issues that need further consideration, a graphic representation
of the process to validate a safety issue and assignment of estimated risk level
and a diagram of the casualty analysis process.

Ans (a) In order to comply with the ISM Code, each ship class must have a
working Safety Management System (SMS). Each SMS consists of the following
elements:
1. Commitment from top management.
2. A Top Tier Policy Manual.
3. A Procedures Manual that documents what is done on board the ship, during
normal operations and in emergency situations.
4. Procedures for conducting both internal and external audits to ensure the ship
are doing what is documented in the Procedures Manual.
5. A Designated Person Ashore to serve as the link between the ships and shore
staff and to verify the SMS implementation.
6. A system for identifying where actual practices do not meet those that are
documented and for implementing associated corrective action.
7. Regular management reviews.
Another requirement of the ISM Code is for the ship to be maintained in
conformity with the provisions of relevant rules and regulations and with any
additional requirements which maybe established by the Company. Each ISM
compliant ship is audited, first by the Company (internal audit) and then each 2.5
to 3 years by the Flag State Marine Administration (external audit) to verify the
fulfillment and effectiveness of their Safety Management System. Once SMS is
verified and it is working and effectively implemented, the ship is issued with The
Safety Management Certificate. Comments from the auditor and/or audit body
and from the ship are incorporated into the SMS by headquarters. The
requirements of the ISM Code may be applied to all ships.
The objectives of the ISM Code are to:
1. Ensure safety at sea;
2. Prevent human injury or loss of life; and
3. Avoid damage to the environment with focus on the marine environment and
on property The ISM Code establishes the following safety management
objectives of the company:
4. Provide safe practices in ship operation and working environment;
5. Establish safeguards against all identified risks; and
6. Continuously improve safety management skills of personnel ashore and
onboard ships. These skills include the preparation for emergencies related to
safety and environmental protection.

Ans (b) MLC was adopted in February 2006 and came into force on 20th
August 2013. For the first time in history of shipping it is now required that
before a seafarer joins a ship, he should be made aware of his rights. The MLC
thus is also being referred to as ―Bill of Rights for a seafarerǁ . Also, MLC has given
a very broad definition of the term ―seafarerǁ – it basically says that any person
who is on a gainful employment on a ship (gainful employment – you work and in
return you are paid wages) is a seafarer. It therefore applies to everyone from
the Master to the hotel staff on cruise ships. Also, for the purpose of MLC, New
Ship means any ship whose keel is laid after the entry into force of the convention
(i. e. after 20th August 2013).
The Codes are divided into FIVE chapters known as Titles as follows:
TITLE 1 – Minimum Requirements to Work on Ships
This deals with the minimum age requirements, such as – (a) no person
(including the cadets)below the age of 16 years is allowed to work on ships (b) no
person below the age of 18 yearsis allowed to work at night where the night
period is defined as 2100 hrs to 0500 hrs.
TITLE 2 – Conditions of Employment
This deals with contractual conditions, hours of work and rest, leave,
repatriation and a written undertaking by the owner that he is responsible to
medical and compensation in case of injury and death. Hours of work are –
maximum 14 hrs in 24 hour period and 72 hours in 7 day period; hours of rest –
minimum 10 hours in 24 hours period and 77 hours in 7 day period.
TITLE 3 – Accommodation, Recreation, Food and Catering
Accommodation – On new ships – (a) no more twin-sharing cabins
(including for cadets) (c)advised to provide attached toilets, but if common toilets
provided then very strict specifications to be adhered to (c) minimum height of
deck-head in accommodation increased; for existing ships – acoustic and
vibration levels to be monitored regularly onboard, access to internet and e-mail
and organize conveyance in ports from time to time. Food and Catering – the
cook is now required to be trained and certified by the Flag State.
TITLE 4 – Medical and Social Protection
The existing medical facilities have been enhanced to include dental and eye
treatments.
TITLE 5 – Compliance and Enforcement
Compliance is the responsibility of the Flag State. They will conduct labour
survey on 14parameters based on Title 1 to Title 4 and issue to the ship
―Declaration of Maritime Labour Compliance (DMLC)ǁ along with a Maritime
Labour Certificate (ML Certificate), which will be statutory certificate and valid for
5 years with annual, intermediate and renewal labour surveys. It is important to
note that the ML Certificate is invalid in the absence of DMLC.

Enforcement is the responsibility of PSC. They have volunteered to enforce it

for the benefit of the world seafarers and have thus given the powers to detain a
ship if the MLC requirements are not found to be met.

Ans (c) The master of every Indian ship, except a home trade ship less than 200
GT, is obliged to enter into an agreement with every seaman whom he engages
in, and carries to sea as one of his crew. Under Section 100 of the MSA, it is
known as the ―Agreement with the crewǁ but commonly known as ―Articles of
Agreementǁ . The Section stipulates 11 elements as to what the agreement is to
contain (name, capacity, duties, wages, scale of provisions, scale of warm
clothing, regulations for conduct on board and fines, compensation for personal
injury etc.).The law makes it clear that the agreement is made between the
owner and each member of the crew and not with crew as a collective unit. Also,
the agreement is never between the Master and the crew. Another document that
can be part of the agreement document is a crew list, but it can be separate also.
On closure of the crew agreement it is to be deposited with the shipping master.

Collective bargaining
Negotiation between organized workers and their employer or employers to
determine wages,hours, rules, and working conditions. It can also be defined as
the process by which membersof the labour force, operating through authorized
union representatives, negotiate with theiremployers concerning wages, hours,
working conditions, and benefits.
Collective Bargaining Issues
1) Wages- Regular, Compensation, Overtime Compensation, Incentives,
Insurance, Pensions.
2) Hours - Regular Work Hours, Overtime Work Hours, Vacations, Holidays
3) Working Conditions - Rest Periods, Grievance Procedures, Union
Membership, Dues Collection
4) Job Security- Seniority, Evaluation, Promotion, Layoffs, Recalls
5) Collective bargaining is a successful way for workers to reach their goals
concerning acceptable wages, hours, and working conditions. It allows
workers to bargain as a team to satisfy their needs. Collective bargaining
also allows management to negotiate efficiently with workers by bargaining
with them as a group instead of with each one individually. Though
traditional bargaining can be negative and adversarial, it does produce
collective bargaining agreements between labour and management.
Partnership bargaining can lead to increased understanding and trust
between labour and management. It is a positive, cooperative approach to
collective bargaining that also culminates in contracts between labour and
management.
 DGS:ASM PAPERS DATE-SEPTEMBER’15

Ans B)
I) INTERNATIONAL LABOUR ORGANISATION (ILO)
Because of the unique character of seafaring, most maritime countries have
special laws and regulations covering this occupation. Consequently, the ILO,
since its founding, has had special "machinery" for seafarers. The machinery
includes the Joint Maritime Commission, which advises the Governing Body on
maritime issues, and special Maritime Sessions of the International Labour
Conference (ILC), which focus solely on the preparation, and adoption of maritime
labour standards.
The special nature of the conditions of work and life of seafarers led ILO to
adopt an extensive range of Conventions and Recommendations applying
specifically to seafarers. These instruments cover nearly all aspects of the working
and living conditions at sea such as, for example, the minimum age for admission
to employment; hours of work and rest periods; medical examination prior to
employment aboard ship and periodically thereafter; conditions for shipboard
employment; articles of agreement; repatriation; social security benefits; food,
catering and accommodation; qualification requirement; vocational training and
welfare facilities; safety and health requirements. These standards have
influenced national legislation as well as the terms of collective agreements and
employment contracts laying down the working conditions of seafarers throughout
the world. This international seafarers' "code" directly or indirectly influences both
the terms of collective agreements and national maritime labour legislation.
An important maritime labour instrument is the Maritime Labour Convention
of 2006, which came into force on 20th August 2013, which consolidates the
minimum internationally acceptable standards for living and working conditions on
board ships.
The main focus of ILO maritime programme concerns the promotion of the
maritime labour standards. The ILO work concerning seafarers has also resulted
in the adoption of codes of practice, guidelines and reports, which address
seafarers' issues.

II) OIL COMPANIES INTERNATIONAL MARINE FORUM (OCIMF)

The Oil Companies International Marine Forum (OCIMF) is a voluntary
association of oil companies having an interest in the shipment and terminalling
of crude oil and oil products.
The aim is to provide expert service and advice on the safe and
environmentally responsible operation of oil tankers and terminals, promoting
continuous improvement in standards of design and operation
OCIMF was formed at a meeting in London on 8th April 1970. It was initially the
oil industry's response to increasing public awareness of marine pollution,
particularly by oil, after the "Torrey Canyon" incident. Governments had reacted
to this incident by debating the development of international conventions and
national legislation and the oil industry sought to play its part by making its
professional expertise available and its views known to governmental and inter-
governmental bodies. OCIMF was incorporated in Bermuda in 1977 and a branch
office was established in London primarily to maintain contact with the IMO.

OBJECTIVES
The primary objectives of OCIMF are the promotion of safety and prevention
of pollution from tankers and at oil terminals. OCIMF was granted consultative
status in 1971 at the IMO.
OCIMF is organised to co-ordinate oil industry views at IMO meetings, to
review technical proposals circulated by IMO and to advise its members on
legislative activities as they develop. OCIMF presents its members' views before
individual national governmental authorities and maintains a close liaison with
other industry bodies and associations. An important contribution to the overall
safety of the industry is the role that OCIMF plays in producing technical and
operational guidelines, either by itself or in co-operation with other industry
associations. OCIMF has produced in excess of 50 of these guidelines and many
are now taken as the industry standard in their particular field. OCIMF provides
the means for joint research projects to be undertaken and co-ordinate on behalf
of its members. Many of these projects, for example, studies on tanker drift and
towage, mooring hawser strength etc, have resulted in technical guidelines being
published for the wider benefit of the industry.

III) SOCIETY OF INTERNATIONAL GAS TANKERS AND TERMINAL

OPERATORS (SIGTTO)
SIGTTO was born out of a recognition that an industry specializing in the
transport of liquefied gas needed to establish and promote the adoption and
implementation of the very highest standards if it was first to win and then to
maintain the confidence of the public at large. In acting as a beacon for quality
and best practices, SIGTTO and its members have done just that, and that the
excellent safety and pollution record of the sea borne gas transport industry to
date defines it quite categorically as a highly responsible and effective sector.
By the late 1970s it was clear the international LNG business was set for a
period of rapid expansion. A number of involved companies were therefore
concerned to agree essential common standards for the industry, to aid its
expansion, underpin public confidence and avoid a proliferation of unilaterally
defined regulations. This group resolved to establish a body to draw together
industry member companies in an effort to establish commonly agreed standards
and best practice criteria. Hence the Society was formed and registered as a
Bermuda Exempted Company (non-profit making) with limited liability in October
1979.
The Society was granted consultative status at the IMO in 1982. Formed
originally with thirteen Members the Society has steadily grown over twenty years
to a membership of more than 100 companies; representing virtually the whole of
the world‟s LNG trades and over half its LPG capacity.

PURPOSE
The Society is the international body established for the exchange of technical
information and experience, between members of the industry, to enhance the
safety and operational reliability of gas tankers and terminals. The organization
has been organized to encourage safe and responsible operation of liquefied gas
tankers and marine terminals handling liquefied gas; to develop advice and
guidance for best industry practice among its members and promote criteria
for best practice to all who have responsibilities for, or an interest in, the
continuing safety of gas tankers and terminals.

Ans (A) For the purpose of investigations and inquiries a shipping casualty shall
be deemed to occurwhen:
Ø On or near the coasts of India, any ship is lost, abandoned, stranded or
materially damaged.
Ø On or near the coasts of India any ship causes loss or material damage to
another ship.
 Ø Any loss of life ensues by reason of any casualty happening to or
onboard any ship on or near the coasts of India.
Ø In any place, any such loss, abandonment, stranding, material damage
occurs to or onboard any Indian ship and any competent witness thereof is
found in India.
Ø Any Indian ship is lost or supposed to have been lost and any evidence is
obtainable in India as to the circumstances under which she proceeded to
sea or was last heard of.

(B) CERTIFICATE OF REGISTRY

Once the certificate of registry is issued it is valid until revoked by the
registrar. In case the certificate is lost the registrar at the port where the loss was
discovered must be contacted. If the ship is in foreign waters then the consul
should be contacted who after determining the facts of the loss will issue a
provisional certificate of registry.
The certificate of registry is instrumental in establishing the identity of the
ship owner, it is prima facie evidence that the vessel is Indian and can claim the
privileges and be subject to resulting obligations and it is the official record to
regularize the appointment of the master. The certificate of registry should always
be kept on board at all times and under no circumstances be used as security or
to support a lien or claim. Any changes necessitated in details given in the
certificate must be promptly notified, whether it is the change of master or some
alteration in the description of the vessel itself.
The registry is closed when the vessel is no longer Indian and thus ceases
to be an Indian vessel or in case of an actual or constructive loss.

(C) ANSWER FOR AMENDMENT ALREADY DISCUSSED

Ans A) The multimodal transport operator shall be liable for loss resulting from:
Any loss of or damage to, the consignment;
Ø Delay in delivery of the consignment and any consequential loss or damage
arising from such delay. Where such loss, damage or delay in livery took
place while the consignment was in his charge;
Ø Provided that the multimodal transport operator shall not be liable if he
proves that no fault or neglect on his part or that of his servants or agents
had caused or contributed to such loss, damage or delay in delivery.
 Ø Provided further that the multimodal transport operator shall not be liable
for loss or damage arising out of delay in delivery unless the consignor has
made a declaration of interest in timely delivery which has been accepted
by the multimodal transport operator.
Ø Explanation: For the purposes of this sub- section, “delay in delivery: shall
be deemed to occur when the consignment has not been delivered within
the time expressly agreed upon or, in the absence of such agreement,
within a reasonable time required by a diligent multimodal transport
operator, having regard to the circumstances of the case, to effect the
delivery of the consignment.
Ø If the consignment has not been delivered within ninety consecutive days
following the date of delivery expressly agreed upon or the reasonable time
referred to in the Explanation to sub – section (1), the claimant may treat
the consignment as lost. Limits of liability when the nature and value of the
consignment have not been declared and stage of transport where loss or
damage occurred is not known. Where a multimodal transport operator
becomes liable for any loss of or damage to any consignment, the nature
and value whereof have not been declared by the consignor before such
consignment has been taken in charge by the multimodal transport operator
and the stage of transport at which such loss or damage occurred is not
known, then the liability of the multimodal transport operator to pay
compensation shall not exceed two Special Drawing Rights per kilogram of
the gross weight of the consignment lost or damaged or 666.67 Special
Drawing Rights per package or unit lost or damaged, whichever is higher.
Explanation: For the purposes of this sub – section, where a container, pallet
or similar article of transport is loaded with more than one package or unit, the
packages or units enumerated in the multimodal transport document, as packed
in such container, pallet or similar article of transport shall be deemed as
packages or units.
Ø Notwithstanding anything contained in sub – section (1), if the multimodal
transportation does not, according to the multimodal transport contract,
include carriage of goods by sea or by inland waterways, the liability of the
multimodal transport operator shall be limited to an amount not exceeding
8.33 Special Drawing Rights per Kilogram of the gross weight of the goods
lost or damaged.
Liability of the multimodal operator is case of delay in delivery of goods under
certain circumstances. Where delay in delivery of the consignment occurs under
any of the circumstances or any consequential loss or damage arises from such
delay, then the liability of the multimodal transport operator shall be limited to
the freight payable for the consignment so delayed.
(b) Alteration of risk (change of voyage, deviation, delay).
Any departure from the voyage insured is sufficient to cause a variation of risk
Change of voyage is a voluntary change of the destination from that
contemplated by the policy after the commencement of risk. When a ship is
insured at and from a given port, the probable continuance of the ship in that port
is in the contemplation of the parties to the contract. If the owners, or persons
having authority from them, change their intention, and the ship is delayed in that
port for the purpose of altering the voyage and taking in a different cargo ,
the under writers run an additional risk if such a change of intention is not to
effect the contract”.
The unlawful departure from the route insured without changing the
terminus ad quem amounts to deviation in Marine insurance and discharges the
insurer under the contract. The risk will not re-attach if the ship rejoins the
insured route after the deviation.

IMPLIED WARRANTIES
A warranty may be express or implied. The implied warranties are set out in
the Act. They are:
Warranty of legality;
Warranty of neutrality; and
Warranty of seaworthiness.
The warranty of neutrality is not really an implied warranty as it applies only
when there is an express warranty of neutrality with respect to insurable
property. It merely defines and delimits the express warranty of neutrality. The
implied warranties of seaworthiness and legality are, however, true implied
warranties in that the existence is assumed at law and they will form part of any
contract of marine insurance unless inconsistent with an express warranty.

SEAWORTHINESS
The implied warranty of seaworthiness applies with full effect only to voyage
policies. The warranty is that the ship will be seaworthy "at the commencement of
the voyage" for the particular adventure insured. A seaworthy ship is one that is
"reasonably fit in all respects to encounter the ordinary perils of the adventure
insured". In a time policy there is no warranty of seaworthiness but "where, with
the privity of the assured, the ship is sent to sea in an unseaworthy state, the
insurer is not liable for any loss attributable to un-seaworthiness". Thus, in a
voyage policy the insurer needs to prove only one thing; that the ship was
unseaworthy at the commencement of the voyage. In a time policy, on the other
hand, the insurer needs to prove three things; that the ship was unseaworthy,
that the un-seaworthiness caused the loss, and that the assured was privy to the
unseaworthy state of the ship. The warranty of seaworthiness relates not only to
the hull but also to the machinery and equipment, the crew, and the way in which
a ship is loaded (or overloaded). The implied warranty of seaworthiness often has
to be interpreted together with an inchmaree clause which provides coverage for
any latent defect in hull or machinery. Whenever a loss is caused by any such
latent defect it is almost certain that there would be coverage notwithstanding
that the same defect could be a breach of the implied warranty of seaworthiness.

LEGALITY
The warranty of legality is one which is often expressly included in policies as well
as implied. Where there is an express warranty of legality it will have precedence
over the implied warranty to the extent the two are inconsistent.

EXPRESS (EXPLICIT) WARRANTIES

An express( explicit)warranty may be in any form of words from which the
intention to warrant may be inferred. This implies that creation of a warranty is a
simple matter of choosing the appropriate policy wording. The real difficulty is,
however, in choosing that policy wording. Further, in many cases even choosing
the correct wording may not result in a warranty being created. A review of
earlier case law indicates that little more than a statement of fact was required to
create a true warranty in a policy of marine insurance. For example, the following
words were held to create warranties:
Ø “To sail on such a day";
Ø “Declarations of interest to be made as soon as possible after sailing";

4(A) When steaming through open water, it may be possible to detect the
approach of ice by the following signs:

1. Ice blink: this is a fairly reliable sign and may be the first indication that an
ice field is in the vicinity. It can usually be seen for some time before the ice
itself is visible and appears as a luminous reflection on the underside of the
clouds above the ice. Its clarity is increased after a fresh snowfall. On clear
days, ice blink is less apparent but may appear as a light or yellowish haze
which would indicate the presence of ice. Ice blink can sometimes be
detected at night, either from the reflection of moonlight, or from the
ambient starlight in clear weather.
2. The sighting of small fragments of ice often indicates that larger quantities
are not far away.
3. Abrupt moderation of the sea and swell occur when approaching an ice field
from leeward.
4. In northern areas, and in Labrador and Newfoundland, the onset of fog
often indicates the presence of ice in the vicinity.

On a clear day there may be abnormal refraction of light causing distortion in

the appearance of features. Although the ice field will be seen at a greater
distance than would normally be possible without refraction, its characteristics
may be magnified out of all proportion – it may even appear as giant cliffs of ice
in the far distance, with breaks between them where the open water lies.

The following are signs of open water:

1. Water sky: dark patches on low clouds, sometimes almost black in

comparison with the clouds, indicate the presence of water below them.
When the air is very clear this indication is less evident. When iceblink is
 visible at night, the absence of blink in some sectors of the horizon may
indicate open water but cannot be assumed to be water sky.
2. Dark spots in fog give a similar indication, but are not visible for as great a
distance as the reflection on clouds.
3. A dark bank on a cloud at high altitude indicates the presence of patches of
open water below, which could lead to larger areas of open water in the
immediate vicinity.

Various precautions to be taken at deck and engine when the ship is

about to enter sub zero temperature areas are:

Deck Precautions

Ø The navigational information that is received by the bridge should be

well analysed for safe navigation from ice
Ø The navigation officer must recognise different types of sea ice forms
Ø All navigation and communication equipment must be approved type
and should work at sub zero temperature.
Ø All the hydraulic machineries and winches to be operated to avoid
freezing of oil.
Ø All the heaters in the hydraulic system to be switched on.
Ø Take sounding of all the fresh water and ballast tank prior entering cold
region.
Ø Sounding to be taken at regular interval when plying in sub zero regions
to identify any damage or leak from tank due to ice.
Ø Start ballast sea chest heating, if required.
Ø Lifeboat drinking water to be taken out and stored at desired place or a
crew assigned to bring water during emergency.
Ø Cold starting system of lifeboat to be kept ready.
Ø Add anti freeze in jacket water of lifeboat engine.
Ø All cargo line and other lines on deck must be fully drained after use.
Ø PV breaker and deck seal in oil tanker to be added with antifreeze
compound.
Ø All greased equipment to be cleared off old grease and fresh anti
freezing grease to be applied.
Ø All the opening from deck to the accommodation must be kept close at
all times.

Crew to be instructed to clear ice from deck equipments at regular intervals.

Engine room precautions

All cargo tank and fuel tank heating to be opened.

Take Soundings of all tanks prior to entering and after that in regular
intervals.
Add anti freeze in jacket water, piston cooling water, emergency generator
etc.
Any steam coil not in use must be drained and drain kept open.
 Sky light to be closed and ventilation to be reduced, to avoid cold air
effect on control and gauging system.
Sea water circulation and temperature settings to be checked.
Sea chest heating to be opened.
Monitor all the pressure parameters in the engine room.
Open tracing steam where required.
Re-circulate hot water in fresh water tank and its level to be kept below
90%.
Temperature in fuel oil tank to be maintained and level to be kept below
90%.
Lube and heavy oil purifier to be run continuously to maintain oil
temperature.
Heaters in the engine room, CO2 room, bow thrusters room and
steering room to be switched on.
Emergency fire p/p drains to be kept open with notice display.
All air lines in the engine room kept moisture free by frequent draining
and control air drier to always run.
One generator to be kept standby in diesel oil.
Oily water separator to be kept drain of water.
Open heating sewage holding tank.
If power pack is provided, add antifreeze and take all cold weather
precaution as given by maker.

Personal Precaution

Safe working condition to be explained to the crew.

Hypothermia and cold burn and their precaution to be understood.
Limit exposure time for outside work.
Adequate warm clothing and eye protection for snow blindness.
Crew to take care of their room temperature by switching on heaters
and closing port holes at all times.

Sea ice is formed when ocean water is cooled below its freezing
temperature of approximately-2°C or 29°F. Such ice extends on a seasonal basis
over great areas of the ocean. Sea ice is important to the study of oceans
because it impacts oceanic chemical and physical properties, density structure,
oceanic dynamics, and exchanges between the ocean and the atmosphere. It
covers over 20 million square kilometers of the ocean at any given time, greatly
limiting the exchange of heat, moisture, and momentum between the atmosphere
and ocean and reflecting most of the solar radiation incident upon it.

Manoeuvring in Ice

Ø First of all, it is imperative to understand that if any alternative route is

available for the ship, ice water should be avoided at all costs. However, if
ice navigation is inevitable, it should be made at right angles to the leeward
edge where the ice is loose or broken. While manoeuvring through ice if a
floe cannot be avoided then it should be hit squarely with the stem. Note
that a glancing blow may damage the ship‟s shell plating or throw the
 vessel off course causing another unavoidable blow. Entry in ice should
always be done at low speeds to avoid any sort of damage. Once into the
pack, the vessel‟s speed can be increased so as to maintain headway and
control so as to never lose all way off and avoid the ice floes to close in on
the hull, rudder and propeller. If the ship is stopped by heavy concentration
of ice the rudder should be put amidships and the engines should be kept
turning slowly ahead. This will wash away the ice that is accumulated astern
and will help the vessel to fall back. In a close pack during ice navigation,
avoid sharp alterations of course and keep the speed enough for steerage
way. Full rudder movements should be avoided or used only in cases of
emergencies.

Lookout
Ø Always keep vigilant lookout for leads (navigable channel within an ice field)
through ice. Additional lookouts should be posted forward or at higher ends
for safety concerns. Conning should be carried out from the ship‟s bridge to
get a better view of the ice accumulation. Keeping mind that at all times the
stern must be observed for rudders‟ movement so as to avoid a flow from
actually moving the stern towards it. In such cases, it is advised to post
men right aft with torches, whistles, walkie-talkies, etc. to make sure that
the bridge is informed immediately incase the propeller is in any kind of
danger. This is extremely important in twin screw vessels. Reduce speed if
the ice goes under the ship.

Engine care

Ø During ice navigation, engines should be kept running at all times and
under manoeuvring conditions in such a way that the ahead and astern
movements can be easily carried out without time delay. Similarly, engine
movements from ahead to astern and vice-verse should be made cautiously
to avoid stressing the engine mechanisms in low temperatures, which could
be unfavorable to the ship‟s engine parts. Also, when ice approaches the
stern of the vessel while manoeuvring bursts of the engines should be given
accordingly to keep ice from accumulating.

Navigation at Night

As far as possible, avoid navigating through ice at night. It is preferred to

“heave to” since theleads or lanes cannot be seen. Most ice navigators stop
the vessel along the edge of the ice andleave the vessel drifting along with
the pack. At nights, seawater lubricated tail end shafts arein the danger of
getting frozen. To avoid from freezing, vessels with single screws should
havetheir aft peak tank filled with water and have it kept warm by means of
steam hose injection, orother alternative means. The vessel should keep
her engines running with propeller on lowRPM so as to avoid seizure by ice.

Anchoring
 Ø Anchoring in heavy concentrations of ice should be avoided; if ice is moving
then its forcemay break the cable. When conditions permit, anchoring can
be carried out and it must be donein light brash ice, rotten ice or widely
scattered floes with the main engine on immediatenotice. Anchor should be
brought in as soon as the wind threatens to move ice onto the vessel.Even
with the advent of new techniques and technologies for ice navigation such
as radarsensor images through cloud cover, infra-red images, and satellite
images for a larger view ofthe surroundings around the vessel, it is vital to
understand that ship‟s operations of any sortunder the influence of sea-ice
are not only dangerous but also life threatening, and utmost caremust be
taken while navigating through such ice areas.

4(B) Immediately after the independence to suit the requirements of a maritime

country like India, the Indian Parliament passed the Merchant Shipping Act, 1958.
This Act had made good the main deficiency in the earlier laws that they did not
provide for registration of what may beter med as Indian Ships. Certain enabling
provisions were also incorporated in the Act to accelerate the pace of
development of shipping in the post independence period. This Act is divided into
24 parts, each part dealing with specific aspects of merchant shipping like
registration of ships, sailing vessels and fishing vessels, National Shipping Board,
manning of ships, engagement, discharge and repatriation of seamen and
apprentices, safety of passenger and cargo ships, control of Indian ships and
ships engaged in the coasting trade, collisions, prevention and control of pollution
of the sea by oil from ships, limitation of ship-owners' liability, civil liability for oil
pollution damage etc.
Indian ships are legally guided by the Merchant Shipping Act 1958. This act is
an important act which consists of various rule, regulations, notifications which
are legally binding for Indian Flag Ship. Various Rules, Regulations and
Notifications issued by Indian Flag Administrations are as follows:-
1) M.S Act
2) M.S Rules
3) Seaman‟s Provident Fund Act
4) Multimodal Transport Act
5) Coasting Vessel Act
6) Inland Vessel Act
7) Indian Port Act

All Rules, Regulations and Notifications fall under above mentioned Act.
(A) RULE 2 – RESPONSIBILITY

Nothing in these Rules shall exonerate any vessel, or the owner, master or crew
thereof, from the consequences of any neglect to comply with these Rules or of
the neglect of any precaution, which may be required by the ordinary practice of
seamen, or by the special circumstances of the case.
Meaning: There is no escaping the penalty of not following these rules.
Everybody is responsible and no excuses are permitted that „I forgot‟ etc. Also
there are some practices which are followed by seamen which may not be in the
rules but they have been said and in use for many years, even these are included
in compliance. This rule was formulated after all the „ordinary practice of seamen‟
were written down as part of these rules, but some of the „ordinary practices‟
which may have been overlooked are covered by this rule.

Circumstances can dictate a deviation from these rules, like if the seaman thinks
that by following the rules in a special situation the action would endanger the
ships, in that case a deviation may be permitted which will not endanger the
ships. In construing and complying with these Rules due regard shall be had to all
dangers of navigation and collision and to any special circumstances including the
limitations of the vessels involved which may make a departure from these Rules
necessary to avoid immediate danger.
Meaning: In understanding and then complying with these rules – pay close
attention to the dangers of navigation and to the circumstances which may arise
where blindly following these rules may endanger the ships. For this if required by
common sense that to follow the rules would make a situation worse, then an
action may be taken which are different from these rules but would have ensured
safety for the vessels.

Rule 18 Responsibilities between vessels

Except where Rules 9, 1 0 and 1 3 otherwise require:

A power-driven vessel underway shall keep out of the way of:

Ø A vessel not under command;

Ø A vessel restricted in her ability to manoeuvre
Ø A vessel engaged in fishing,-
Ø A sailing vessel.
Understanding, and complying with the Rules, the above are to be committed
to memory and applied when meeting any of the named type of vessels; except if
the situation is within a TSS or a narrow channel or if a overtaking situation
arises. Then the Rules named above would take precedence if they so require.
Ø A sailing vessel underway shall keep out of the way of:
Ø A vessel not under command;
Ø A vessel restricted in her ability to manoeuvre;
Ø A vessel engaged in fishing.
Ø A vessel engaged in fishing when underway shall, so far as possible, keep
out of the way of:
 o A vessel not under command;
o A vessel restricted in her ability to manoeuvre.
Any vessel other than a vessel not under command or a vessel restricted in
her ability to manoeuvre shall, if the circumstances of the case admit, avoid
impeding the safe passage of a vessel constrained by her draught, exhibiting the
signals in Rule 28. Understanding, and complying with the Rules, the above are to
be committed to memory and applied when meeting this type of vessels; except if
the situation is within a TSS or a narrow channel or if a overtaking situation
arises. Then the Rules named above would take precedence if they so require.
For example in a TSS or a Narrow channel if a vessel cannot permit an overtaking
by a Deep drafted vessel then although she is a way impeding the passage but as
per that particular Rule she is within complying with the Rules. A vessel
constrained by her draught shall navigate with particular caution having full
regard to her special condition.
Meaning: The deep drafted vessel should not take undue advantage of her
condition and impose on other vessels to give way to her. She should navigate
with full alertness and with regard to her draft. She should be within safe speed
and be able to be stopped or slowed down to avoid risky situations. A seaplane on
the water shall, in general, keep well clear of all vessels and avoid impeding their
navigation. In circumstances, however, where risk of collision exists, she shall
comply with the Rules of this part.
Meaning: Since a sea plane being not very manoeuvrable, may cause undue
uncertainty for other vessels she has to keep clear, if however a risk exists then
she has to behave as a vessel and take action as per the Rules.

(B) DISTRESS SIGNALS

1. The following signals, used or exhibited either together or separately, indicate
distress and need of assistance:
(a) a gun or other explosive signals fired at intervals of about a minute;
(b) a continuous sounding with any fog-signalling apparatus;
(c) rockets or shells, throwing red stars fired one at a time at short
intervals;
(d) a signal made by any signalling method consisting of the group
... --- ... (SOS) in the Morse Code;
(e) a signal sent by radiotelephony consisting of the spoken word
.MAYDAY.;
(f) the International Code Signal of distress indicated by N.C.;
(g) a signal consisting of a square flag having above or below it a ball or
anything resembling a ball;
(h) flames on the vessel (as from a burning tar barrel, oil barrel, etc.);
(i) a rocket parachute flare or a hand-flare showing a red light;
(j) a smoke signal giving off orange-coloured smoke;
(k) slowly and repeatedly raising and lowering arms outstretched to each
side;
(l) a distress alert by means of digital selective calling (DSC)
transmitted on:
(i) VHF channel 70, or
 (ii) MF/HF on the frequencies 2187.5 kHz, 8414.5 kHz, 4207.5
kHz, 6312 kHz, 12577 kHz or 16804.5 kHz;
(m)a ship-to-shore distress alert transmitted by the ship.s Inmarsat or
other mobile satellite service provider ship earth station;
(n) signals transmitted by emergency position-indicating radio beacons;
(o) approved signals transmitted by radiocommunications systems,
including survival craft radar transponders.
2. The use or exhibition of any of the foregoing signals, except for the purpose of
indicating distress and need of assistance and the use of other signals which may
be confused with any of the above signals, is prohibited.
3. Attention is drawn to the relevant sections of the International Code of Signals,
the International Aeronautical and Maritime Search and Rescue Manual, Volume
III and the following signals:
(a) a piece of orange-coloured canvas with either a black square and circle or
other appropriate symbol (for identification from the air);
(b) a dye marker.

(Highlighted sentence indicate amendments).

Ans a) Port State Control (PSC) is a ship inspection program whereby foreign
vessels entering a sovereign state's waters are boarded and inspected to ensure
compliance with various major international maritime conventions, namely:

1. International Convention for the Safety of Life at Sea (SOLAS),

2. International Convention for the Prevention of Pollution from Ships (MARPOL),
International Convention on Standards of Training Certification and Watch
keeping for Seafarer (STCW\
3. Load Lines (LL),
4. Convention on the International Regulations for Preventing Collisions at Sea
(COLREG)
5. International Labour Organization‟s Maritime Labour.
The concept of a state exercising its jurisdiction over ships that ply its
waters and particularly those that call at its ports is well established in both
history and legal practice. It is universally acknowledged that once a ship
voluntarily enters a port it becomes fully subject to the laws and regulations
prescribed by the officials of that territory for events relating to such use and that
all types of vessels, military and other, are in common expectation obliged to
comply with the coastal regulations about proper procedures to be employed and
permissible activities within the internal waters. In addition to the promotion of
international conventions, the IMO passes its own Assembly resolutions, which in
turn bind the member States of the IMO. It is these resolutions therefore, which
coupled with the international conventions, impose obligations on port state to
exercise the controls envisaged by the resolutions. The IMO has recently
consolidated its port state control measures. The consolidated resolution and its
annexure set out the procedures for port state control in chapter and verse.
Inspections are categorized as initial port state inspections and then more
detailed inspections. Guidelines are provided for detention and reporting
procedures. Not only do the IMO provisions require surveys and inspections to
ensure that vessels comply with the appropriate international conventions, they
also now make it possible for port state control officers inspecting foreign ships to
check operational requirements 'when there are clear grounds for believing that
the master or crew are not familiar with essential ship board procedures relating
to the safety of ships'.
The legal basis for port state control of human factors is further galvanized
by the ISM Code Regulations. These Regulations apply to passenger ships, oil and
chemical tankers, bulk carriers, gas carriers and cargo high-speed craft of 500
gross tonnage and above and to other cargo ships and mobile off shore drilling
units of 500 gross tons. They outline a system of verifications in -the form of a
Document of Compliance and a Safety Management Certificate, which must be re-
validated after differential time periods as specified in the Regulations. The code
has been described as "the last chance for the shipping industry to put its house
in order, a license to operate ships, a stout cord that will finally lasso the
cowboys". It has a focus on the management system of the ship, which includes
the control of human factors Again, several prescribed categories lay out where
such „clear grounds‟ exist so as to delineate the boundaries of intervention. Again,
these boundaries are blurred by the catch-call stipulation that intervention is
allowed whenever the “ship is otherwise being operated in such a manner as to
pose a danger to persons, property or environment”.

(B) ROLE OF PORT STATE CONTROL (PSC)

Much of the success, or otherwise, of the ISM Code will depend upon how
well the system is policed by PSC. Indeed the whole industry appears to have
taken it as a foregone conclusion that PSC will be the policemen of the Code. It
should be remembered, however, that the intention is that the company – the
personnel of the companies, both ashore and on board – is primarily charged with
ensuring compliance. After all the SMS is its system – it is the one exposed to
accident and claims; it is the one, which will face the consequences. Following the
company, though, the responsibility for verifying that the SMS has not only been
properly developed and implemented, but also that it is properly functioning,
rests with the Administration – the flag state. There is no mention about this in
the ISM Code, Chapter IX of SOLAS. Where, and how, then do Port States fit into
the picture? What powers do they have and how may they exercise their authority
to check compliance with ISM and to impose sanctions against those who do not
comply.
A brief explanation is given here. PSC inspectors are officials representing
the government of the country, which the ship is visiting. International co-
operation between PSC and consequently government in different countries is
effected through MOU. In accordance with the provisions of SOLAS, Port State
authorities can board and conduct inspections of foreign vessels in their ports.
The purpose of these inspections is to identify deficiencies, if any, in vessels,
which would render them non-compliant with internationally, recognized safety
standards and also to eliminate unfair competition.
Since ISM Code has been incorporated into Chapter IX of SOLAS, this will
clearly bring the operation of the ship‟s SMS within the ambit of PSC. Clearly, the
first thing the PSC officer is going to request is sight of the copy of DOC and the
ship‟s SMC. The question which obviously needs to be asked now is along the
following lines: if the copy of DOC and SMC appear to be in order, how much
further can the PSC officer go to check the ISM compliance? Because the SMS is
not a physical “thing” which the PSC officer can observe visually and take a view
on whether there is an indication of procedures are being followed. This process
should reveal the records as well as, corrective actions taken to rectify the system
in this regard including the company‟s verification. He may also see the planned
maintenance procedures relevant to the portable fire extinguishers. He may ask
to see the familiarisation and training procedures and ask to see those records for
the present crew to confirm that they have received familiarisation and training in
the use of portable fire extinguishers. If problems start to come to light while
following the audit trails then clearly the PSC officer is likely to expand his
investigation into the functioning of the SMS, a serious deficiency. Certainly it is
relatively easy task for an inspector to look at the portable fire extinguishers and
form a view on whether they appear to be properly maintained and serviced. That
they are clean, accessible and carry a label stating when they were last tested
and/or re-charged. If there is something, which causes him concern, then he is
likely to ask for one of the extinguishers to be discharged.
Certainly one way to proceed further by the PSC officer in checking the SMS
is to observe, for example, a portable fire extinguisher which is perhaps dirty or
has passed its recharge/test date. The PSC officer may pick a member of the crew
at random and ask him to set off an extinguisher. The PSC officer may then ask
to see the relevant procedures manual and the particular procedure dealing with
the inspection, care and maintenance of the portable fire extinguishers and will
then be on a paper audit trail to establish whether those written.
(A) SAFETY AND ENVIRONMENT PROTECTION POLICY
The ISM Code requires the company to provide, in clear and concise terms,
a statement describing what it aims and intentions are with regard to its SMS
along with outline details of how those aims and objectives are to be achieved.
The significance and importance of the „Safety and Environment Protection Policy‟
should not be underestimated – for it may come under very close scrutiny if a
major incident occurs. The policy is basically a statement by the company to all
its employers, whether ashore or on board. It is very important that the
statement on the policy really does voice the intentions, aspirations and
commitment of that particular company rather than some eloquent prose of
bought off-the-shelf SMS! From a practical point of view such a policy would be
needed in order for the company to have credibility with its personnel with regard
to its commitment to safety and protection of the environment. Furthermore, it
should be anticipated that if an incident did arise involving the company then the
press and media would certainly scrutinise the policy most carefully and use it to
criticise, ridicule or condemn the company. Also, for different but related reasons,
the courts would also look very carefully at the policy statement as well as the
historical track record of the company in light of the policy statement.

Safety Management System (SMS)

It would not be an overstatement to claim that what the ISM Code is all
about is the development and implementation of a safety management system
(SMS). The responsibility is upon the owning or operating company to develop,
implement and maintain not only a written but dynamic safety management
system covering a whole range of safety, environmental and related matters. The
functional requirements as set out in the code are really just the main chapter
headings of the ISM Code – the named organs, as it were, of the SMS. They are
not intended to be an exhaustive list but rather represent the minimum
requirements of an acceptable SMS. It is the structure, implementation and
working of the SMS, which will be the real deciding factor of whether or not a
company is complying with the ISM Code. The entire debate about the legal and
insurance implications will pivot around the working of the SMS. Ship Masters are
responsible for the ship and, inter alia, for the health, safety and welfare of those
persons on board. The master must be fully conversant with the company‟s
policy, have received the necessary training and possess the skills to fulfil
imposed responsibilities.
The responsibilities which the master is expected to fulfil include:
 Ø Commitment to the programme,
Ø Familiarity with the policy, programme and associated procedures,
Ø Monitoring and providing feedback on the programme through the ship‟s
safety committee,
Ø Monitoring the performance of ship‟s officers and seafarers,
Ø Identifying drug and alcohol abuse problems,
Ø Carrying out disciplinary procedures,
Ø Obtaining medical or specialist advice and dealing with emergency medical
situations,
Ø Executing testing procedures (where required),
Ø Co-operating with foreign port authorities and ensuring conformance to
national or foreign regulations, and Monitoring and controlling consumption.

However, after several years of practical experience, it was felt that the Code
was so important that it should be mandatory.
The ISM Code establishes safety management objectives which are:
Ø To provide for safe practices in ship operation and a safe working
environment;
Ø To establish safeguards against all identified risks;
Ø To continuously improve safety management skills of personnel, including
preparing for emergencies.
The Code requires a safety management system (SMS) to be established by "the
Company", which is defined as the ship owner or any person, such as the
manager or bareboat charterer, who has assumed responsibility for operating the
ship. This system should be designed to ensure compliance with all mandatory
regulations and that codes, guidelines and standards recommended by IMO and
others are taken into account.

(B) INTERNATIONAL CONVENTION ON OIL POLLUTION PREPAREDNESS,

RESPONSE AND CO-OPERATION (OPRC)
Is an international maritime convention establishing measures for dealing
with marine oil pollution incidents nationally and in co-operation with other
countries and are required to establish measures for dealing with pollution
incidents, either nationally or in co-operation with other countries –
THIS MEANS TO HAVE A CONTINGENCY PLAN FOR OIL POLLUTION
AT THE REGIONAL LEVEL INVOVING A NUMBER OF COUNTRIES IN A
REGION.
The primary objectives of the OPRC are as follows (ALL AT THE REGIONAL
LEVEL):
Ø Contingency planning and coordinated response procedures.
Ø Establishment of equipment stocks sufficient to deal with oil pollution risks.
Ø Research and development programs.
Ø Training and exercise programs to facilitate oil spill response.
Ø SOPEP to be carried on board all vessels over a stipulated size.

Responsibilities of Ships and Oil pollution reporting procedures

1. Ships are required to carry a shipboard oil pollution emergency plan, in
accordance with the provisions adopted by the IMO for this purpose. These plans
are subject, while in a port or at an offshore terminal under the jurisdiction of a
Party, to inspection by officers duly authorized by that Party. SOPEP IS THE
ACCEPTABLE SHIPBOARD PLAN FOR OPRC. A contingency plan specifically for
OPRC is therefore NOT REQUIRED.
2. Ships are required to report any observed event at sea involving a discharge of
oil or the presence of oil or incidents of pollution to coastal authorities and the
convention details the actions that are then to be taken.

OPRC - HNS PROTOCOL

The Protocol on Preparedness, Response and Co-operation to pollution
Incidents by Hazardous and Noxious Substances, 2000 (OPRC-HNS Protocol)
follows the principles of the International Convention on Oil Pollution
Preparedness, Response and Co-operation, 1990 (OPRC) and was formally
adopted by States already Party to the OPRC Convention at a Diplomatic
Conference held at IMO headquarters in London in March 2000.
The Protocolentered into force on 14 June 2007. Like the OPRC
Convention, the HNS Protocol aims to provide a global framework for international
co-operation in combating major incidents or threats of marine pollution from
HNS. Parties to the HNS Protocol will be required to establish measures for
dealing with pollution incidents, either nationally or in co-operation with other
countries. Ships will be required to carry a shipboard pollution emergency plan
(SMPEP) to deal specifically with incidents involving HNS.
 DGS:ASM PAPERS DATE - JULY’2015

Ans 1 B) (I) LAYCAN OR L/C - LAYDAYS CANCELING - Period during which

the ship owner must tender notice of readiness to the charterer that the ship has
arrived at the pod of loading and is ready to load, This period is expressed as two
dates, for example laydays 25 March canceling 2 April or, when abbreviated as
laycan, laycan 25 March/2 April. The charterer is not obliged to commence
loading until the first of these dates if the ship arrives earlier and may have the
option of canceling the charter if the ship arrives after the second of the dates,
known as canceling date.

1(B)(II) ON HIRE SURVEY - A complete survey of a vessel to determine it‟s

condition prior to it being placed On-Hire.

OFF HIRE SURVEY- A complete survey of a vessel to determine it‟s condition

prior to it being taken Off-Hire.

ON/OFF HIRE VESSEL CONDITION SURVEYS - On-Hire Surveys / Off-Hire

Surveys of vessels or marine structures undertaken either before the vessel or
structure is delivered into a charter, or redelivered from a charter. The survey
report should include a detailed description of a vessel‟s cargo spaces/deck areas
structural condition, cargo space cleanliness, bunkers on board, listing of the
vessel‟s statutory certificates, portable securing equipment, etc.

When discrepancies differences arise in a bunker delivery operation, the

experience of the Surveyor should be able to find the error, if any, or to give out
the right figures for third party agreement.

The purpose of these On-Hire Surveys / Off-Hire Surveys is principally to

determine the extent of damage, other than fair wear and tear, which may have
occurred to the ship between two dates, usually those of the commencement and
termination of charter. Whilst the determination of damage is the principle
purpose of the two requisite reports, one being at the “on hire” survey and the
other at the “off hire” survey, there are often three other requirements. These are
generally:

Ø The checking of documents and certificates

Ø The establishment of quantities of fuel and stores on board
Ø Sometimes the establishment of the cleanliness of the cargo spaces
Visual inspection conducted at the time of delivery or re-delivery of a vessel
to/from a time charter.

On-Hire Surveys / Off-Hire Surveys is very important for a client when hiring a
vessel to limit their liability, by ensuring they have the correct information on the
condition of the vessel and work required in respect of the Charter Party. Hence it
is in the interest of a Client to get an independent survey carried out on their
behalf which will then be used as evidence for their liabilities for the Charter
period.

When attend to check the condition of the vessel when it is chartered from or
redelivered back to the owner which usually includes in part the structure,
document and bunker, Vessel survey to get a general impression by inspecting
selected areas:

Ø Accommodation
Ø Passenger areas
Ø Safety equipment
Ø Cargo areas
Ø Machinery spaces etc.
Ø Planned Maintenance System for outstanding items
Ø Sample of any prearranged open spaces (tanks etc).
Ø Certification and Classification records to be inspected
Ø Brief interviews with some of the crew members

On Hire Survey and Off Hire Survey alternative choice:

On/Off Hire Condition Survey
On/Off Hire ROB Bunker Survey
On/Off Hire Condition and ROB Bunker Survey

ON/OFF HIRE VESSEL CONDITION.

It‟s a visual inspection of vessel holds, main deck and cargo working areas
are performed to identify any damage present prior to the vessel going on/off
hire. This survey is carried out by us and after the completion we issue an
attestation certificate.

This survey is compared with the previous condition survey carried out to
the vessel, in order to determine if new damage have occurred to the vessel from
cargo operations and/or stevedores damage.

ON/OFF HIRE VESSEL ROB BUNKER SURVEY.

This Bunker Survey must be done, taking care to sound all tanks and
correct for temperature and density, consumption of D.O, F.O to vessel delivery
at Pilot station of a Nation.

The survey goals are:

Ø ascertaining the condition of the vessel prior to delivery,

Ø recording any damage to hull or cargo spaces,
Ø certifying holds suitability for loading of the intended cargoes,
Ø validity of class and statutory certificates, etc.
At re-delivery, the surveyor is to ascertain whether during the time charter the
vessel the vessel sustain any damage.

1(B) (III) FRESHWATER ALLOWANCE (FWA) :- is the difference in draught

between a vessels freshwater load line and saltwater load line. The freshwater
allowance will also be noted on the vessels load line certificate.

When a vessel is floating in water, the underwater part of the hull displaces
a quantity of water which is equal to the weight of the vessel. The hull actually
displaces a volume of water measured in cubic metres, which is equal to the
underwater volume of the hull.

Each cubic metre of water has a weight, 1 000 tonne in the case of fresh
water; 1.025 tonnes in the case of salt water. The hull must displace sufficient
cubic metres of water to balance the weight of the vessel exactly. One cubic
metre of sea water will balance 1.025 tonnes of weight therefore 1.00 cubic metre
of sea water will balance 1.025 x 100 = 102.5 tonnes of weight. Imagine a
vessel, floating first in sea water and then in fresh water. It will need to displace
more cubic metres of fresh water to balance its weight, than it would in sea
water, because each cubic metre of sea water balances more weight than each
cubic metre of fresh water. The number of cubic metres displaced determines the
size of the underwater portion of the hull. In sea water, the underwater portion of
the hull will be smaller, that is the vessel will not sink as far as it will in fresh
water, and the draft in sea water will be less than the draught in fresh water. The
difference between the two drafts is called the fresh water allowance (FWA).FWA
is measured as the distance between the top of the Summer (S) line and the top
of the Fresh (F) line.

2(A) ACTIONS OF A MASTER IN CASE OF COLLISION

In every case of collision between two vessels, it is the duty of the master if
and so far as he can do without danger to his own vessel, crew or passengers:

Ø To render to the other vessel and its compliment such assistance as may be
practical and necessary to save them from danger caused by the collision,
and to stay by the other vessel until he has ascertained that she has no
need of further assistance.
Ø To give the master of the other vessel the name of his own vessel and of
the port to which she belongs, and the names of the ports from which she
has come and to which she is bound.
Ø To make an official log book entry, which is to be signed additionally by the
Mate and one member of the crew.
Ø The Master or the owner shall, within 24 hours after happening of the
incident, transmit to the central government or the nearest principal officer
a report of the accident and of the probable causes thereof stating the
name of the ship, her official number, her port of registry and the place
where she is. If the master fails without reasonable cause to comply with
the above he is guilty of an offence and liable to conviction on indictment to
a fine and imprisonment.
Further, in the case of failure to exchange names, ports etc liable on
conviction on indictment to a fine and on summery conviction to a fine not
exceeding the statutory maximum, and in either case if he is a certified
officer, and inquiry into his conduct may be held, and his certificate
cancelled or suspended. It is emphasized that the master‟s statutory duties
in case of collision must be carried out whatever the circumstances of the
collision may be. Even if one of the colliding ships is at anchor or moored to
a pier, the provisions of the Act shall apply.
2(B) The owner of every Indian ship that carries 2000 tons or more oil in bulk as
cargo shall, in respect of ship, maintain an insurance or other financial security for
an amount equivalent to 133 SDR for each ton or 14 million SDR, whichever is
lower. Furthermore, such ships shall be issued by the Director-General a
certificate in such form and giving such particulars as may be prescribed.

The insurance consists of the Civil Liability Convention was adopted to

ensure that adequate compensation is available to persons who suffer oil pollution
damage resulting from maritime casualties involving oil-carrying ships. The
Convention applies to all seagoing vessels actually carrying oil in bulk as cargo,
but only ships carrying more than 2,000 tons of oil are required to maintain
insurance in respect of oil pollution damage. The Convention covers pollution
damage resulting from spills of persistent oils suffered in the territory (including
the territorial sea) of a State Party to the Convention. It is applicable to ships
which actually carry oil in bulk as cargo, i.e. generally laden tankers. Spills from
tankers in ballast or bunker spills from ships other than other than tankers are
not covered, nor is it possible to recover costs when preventive measures are so
successful that no actual spill occurs. The shipowner cannot limit liability if the
incident occurred as a result of the owner's personal fault.

The compensation limits set are as follows:

• For a ship not exceeding 5,000 gross tonnage, liability is limited to 4.51
million SDR (US$5.78 million)
• For a ship 5,000 to 140,000 gross tonnage: liability is limited to 4.51
million SDR plus 631 SDR for each additional gross tonne over 5,000
• For a ship over 140,000 gross tonnage: liability is limited to 89.77 million
SDR .

The 1992 Fund Convention, which is supplementary to the 1992 Civil

Liability Convention, establishes a regime for compensating victims when the
compensation under the applicable Civil Liability Convention is inadequate. The
International Oil Pollution Compensation Fund 1992, generally referred to
as the IOPC Fund 1992 or the 1992 Fund was set up under the 1992 Fund
Convention. The 1992 Fund is a worldwide intergovernmental organisation
established for the purpose of administering the regime of compensation created
by the 1992 Fund Convention. By becoming Party to the 1992 Fund Convention, a
State becomes a Member of the 1992 Fund. The Organisation has its
headquarters in London. Under the Fund Convention, victims of oil pollution
damage may be compensated beyond the level of the shipowner's liability.
However, the Fund's obligations are limited. Where, however, there is no
shipowner liable or the shipowner liable is unable to meet their liability, the Fund
will be required to pay the whole amount of compensation due. Under certain
circumstances, the Fund's maximum liability may increase.
 The owner of a tanker has strict liability (i.e. he is liable also in the absence of
fault) for pollution damage caused by oil spilled from his tanker as a result of an
incident. The limit of liability for property claims for ships not exceeding 2,000
gross tonnes will be SDR 1.51 million whereas for larger ships the additional
amounts to be used in calculating the limitation amount are as follows:

- For each tonne from 2,001 to 30,000 tonnes, SDR 604 (up from SDR 400).
- For each tonne from 30,001 to 70,000 tonnes, SDR 453 (up from SDR 300).
- For each tonne in excess of 70,000 tonnes, SDR 302 (up from SDR 200).
The Nairobi International Convention on the Removal of Wrecks, 2007, was
adopted by an international conference held in Kenya in 2007. the Convention will
provide 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 will fill a gap in the
existing international legal framework by providing the first set of uniform
international rules aimed at ensuring the prompt and effective removal of wrecks
located beyond the territorial sea.

The Convention also includes an optional clause enabling States Parties to

apply certain provisions to their territory, including their territorial sea. Although
the incidence of marine casualties has decreased dramatically in recent years,
mainly thanks to the work of IMO and the persistent efforts of Governments and
industry to enhance safety in shipping operations, the number of abandoned
wrecks, estimated at almost thirteen hundred worldwide, has reportedly increased
and, as a result, the problems they cause to coastal States and shipping in
general have, if anything, become more acute.

These problems are three-fold: first, and depending on its location, a wreck
may constitute a hazard to navigation, potentially endangering other vessels and
their crews; second, and of equal concern, depending on the nature of the cargo,
is the potential for a wreck to cause substantial damage to the marine and coastal
environments; and third, in an age where goods and services are becoming
increasingly expensive, is the issue of the costs involved in the marking and
removal of hazardous wrecks. The convention attempts to resolve all of these and
other, related, issues.

Ans C) A ship is un-seaworthy within the meaning of the Act when the materials
of which she is made, her construction, the qualification of the master, the
number, description of the crew including officers, the weight description and
stowage of cargo and ballast, the condition of her hull and equipment, boiler and
machinery are not such as to render her in every respect fit for the proposed
voyage. Every person who sends or attempts to send an Indian ship to sea from
any port in India in such an un-seaworthy state that the life of any person is likely
to be endangered shall, be guilty of an offence under the Act. Every master of an
Indian ship who knowingly takes such a ship to sea shall be guilty of an offence
under the Act.

Ans) SCOPIC is designed to remedy the practical and legal defects of art. 14, by
providing a simple formula for calculating special compensation, motivating
conduct by creating incentives and disincentives and providing security to the
salvors.

Apportionment between salvors - Article 15

1. The apportionment of a reward under article 13 between salvors shall be made

on the basis of the criteria contained in that article.

2. The apportionment between the owner, master and other persons in the
service of each salving vessel shall be determined by the law of the flag of that
vessel. If the salvage has not been carried out from a vessel, the apportionment
shall be determined by the law governing the contract between the salvor and his
servants.

Problem areas - special compensation Art 14

Ø Art. 14 comes into effect only in respect of salvage operations of a vessel

which by itself or its cargo threatened damage to environment. SCOPIC can
be invoked regardless of whether or not threat of damage to environment.
Ø Salvors expenses had been defined as out of pocket expenses reasonably
incurred by salvor and a fair rate for equipment and personnel actually and
reasonably used. However the term “fair rate” is vague and is not defined
as a “fair rate of expenditure” or a “fair rate of remuneration” (which
includes margin of profit).
Ø The “increase” or “up lift” in respect of special compensation was from 0%
to 100% of the expenses. This leads to a lot of uncertainty.
Ø As per SCOPIC – bonus is as follows:
o If actual cost more than tariff, then actual cost +10% or tariff rate +
25% of tariff rate; whichever is greater .
 The ancient salvage principle of “no cure – no pay” became a problem in the
second half of the 20thCentury as the transportation of oil increased and we
discovered the extent of the damage pollution could cause. The salvage of such
tankers was usually expensive to carry out and the residual value low,making
many operations uneconomic, but all too often the problem was exacerbated by
government intervention preventing the completion of the service by a refusal to
grant a place of refuge. This meant „no cure‟ was effected, which in turn meant
„no pay‟ – despite any high salving expense. To encourage the salvor to go to the
assistance of such ships the 1989 Salvage Convention ameliorated the harshness
of this age old „no cure – no pay‟ principal, by introducing in Article 14, a new
concept – Special Compensation. Article 14 was designed to apply whenever
salvors went to the assistance of ships that threatened damage to the
environment within coastal waters. In such circumstance the salvor was to at
least recover his expenses, and perhaps an uplift of up to 100% of those
expenses, if he actually prevented damage. However such assessment was only
to be paid to the extent that it exceeded the traditional salvage award. In short it
was a safety net, one that that ensured he did not actually lose money.
Article 14 was well–intentioned but in practice it turned out to be cumbersome,
contentious and expensive to operate and had the wholly unintended
consequence of discouraging salvors from attending casualties where there was
the threat of environmental damage. Traditional salvage awards were always paid
by property underwriters (ship and cargo) but under Article 14 it was the liability
insurers, the P&I Clubs, who were to pay compensation. They were also unhappy
with the new provisions which involved them in salvage for the first time.
In response to the problems, the shipping industry worked cooperatively to devise
the SCOPIC clause – the “Special Compensation P and I Club” Clause, which was
specifically designed to replace, and have the same effect, as Article 14, but avoid
the legal problems that the assessment of Special Compensation under Article 14
caused. SCOPIC is a very large clause, one made up of 16 sub-clauses, three
Appendices and two codes of conduct. While effective, it is not easy to digest.
Due to its complexity there are many misunderstandings about SCOPIC. One is
that it is part of every Lloyd‟s Open Form (LOF) salvage contract. It is not. It is an
optional addendum which is only included into a LOF if the parties specifically
record on the contract that SCOPIC is incorporated. If SCOPIC is not incorporated
then Article 14 will apply if relevant. If SCOPIC is incorporated then it replaces
Article 14 which will no longer apply. This is a crucial point for the salvor, for if
SCOPIC is included but not invoked (or is later terminated), the salvor will not be
covered by either Article 14 or SCOPIC. If the parties do incorporate SCOPIC, its
financial provisions will only kick-in if the salvor specifically invokes the clause in
writing. He has the power to do so at any time and in any circumstances. The
idea behind giving this power to the salvor is to avoid the difficulty of trying to
codify the variables around the definition of a “threat of damage to the
environment”. However, the point is not given away, for that objective is still
achieved by two other provisions in the clause to which I will later refer –
discount and termination of the SCOPIC agreement. It was recognised that a
balance needed to be introduced so as to prevent salvors from invoking the
clause every time. Firstly there is a mechanism to give a discount if the traditional
salvage award should exceed the SCOPIC remuneration (which is discussed later).
Secondly the ship owner is given the right to withdraw from SCOPIC at any time
with five days notice provided shore authorities permit it to do so. The thinking
behind this was that the shore authorities would not agree if there was still a
threat of damage to the environment. Both measures discourage a salvor from
invoking the clause unless there is a real need for its protection.
SCOPIC remuneration that a salvor receives for a service is paid by the ship
owner or his P&I insurer but only the sum that is over and above the traditional
salvage award made against salved property under Article 13 of the Salvage
Convention. The ship owner or his insurers must pay $3 million in security within
two days of the clause being invoked. The remuneration due is assessed by
reference to an agreed tariff for day rates for equipment and personnel. The rates
apply throughout the world and will thus be more generous to some than to
others but as SCOPIC is a safety net, rough justice was considered sufficient.
Under Article 14 salvors were entitled to a bonus whenever they actually
prevented damage to the environment.
There were expensive legal difficulties in establishing the extent of the
bonus in individual cases so SCOPIC decided to take a broad brush and provide
for a bonus in every case. Under Article 14 the uplift averaged out at 26%. To
keep matters simple it was agreed that in SCOPIC such an uplift should be 25%
of the tariff rate remuneration – it is accepted that in some circumstances this
may be a “generous” bonus and in others less so.
Given this seemingly favourable framework, what is to stop salvors invoking
SCOPIC in every case? It would seem they have nothing to lose by doing so. To
prevent this there is a clever mechanism. If the traditional salvage award is
higher than the assessed SCOPIC remuneration then not only is no SCOPIC award
payable but the traditional property based award is reduced by 25% of the
difference between it and the SCOPIC remuneration.
So, for example, in a case where SCOPIC has been invoked and the
assessed SCOPIC remuneration is $1 million and the property based salvage
award was $1.5 million then no SCOPIC money would be paid and the Article 13
award would be reduced to $1.35 million (25% x $0.5 million = $125,000). This
mechanism has been effective in preventing the salvors from over using SCOPIC
– it is only invoked in some 30% of cases. The owner may not escape from the
LOF contract once it is signed but is entitled to terminate the SCOPIC clause on
giving five days notice if the shore based authorities permit it. This is unlikely if
there is actually a threat to the environment. However the salvor may withdraw
from the entire LOF contract if SCOPIC is withdrawn by the owner and the salvage
operation is no longer financially viable. One of the key features of SCOPIC is that
the owner may appoint a Special Casualty Representative (SCR) who attends the
casualty and reports on activity. The salvage master retains full control of the
operation but the SCR‟s voice is influential. If he does not agree with the salvage
master‟s daily report the SCR must send a dissenting report. The presence of the
SCR ensures that the owners and their insurers are kept fully informed and
comforted and may keep a tally of costs as they build up.
The SCOPIC clause is not perfect but it is an excellent replacement for
Article 14. However, it should be recognised that it is only a safety net, one to
ensure a minimum payment in difficult cases thereby ameliorating the harsh
salvage principle of “no cure no pay”. It is not a method of remuneration. In
recent times, environmental issues have dominated almost every salvage
operation leading salvors to claim they should be entitled to be properly
remunerated on salvage terms by a separate environmental award whenever they
have minimised or prevented damage to the environment. But that‟s another
story.

Ans) The International Labour Organisation (ILO) is the oldest specialised agency
of UN. ILO has developed 68 maritime labour conventions applicable to seafarers
and shipping. The Maritime Labour Convention (MLC) has been developed by the
ILO. For the first time in history of shipping it is now required that before a
seafarer joins a ship, he should be made aware of his rights.

The MLC thus is also being referred to as “Bill of Rights for a seafarer”. Also,
MLC has given a very broad definition of the term “seafarer” – it basically says
that any person who is on a gainful employment on a ship (gainful employment –
you work and in return you are paid wages) is a seafarer. It therefore applies to
everyone from the Master to the hotel staff on cruise ships. Also, for the purpose
of MLC, New Ship means any ship whose keel is laid after the entry into force of
the convention (i. e. after 20th August 2013).

The Codes are divided into FIVE chapters known as Titles as follows:

TITLE 1 – MINIMUM REQUIREMENTS TO WORK ON SHIPS

This deals with the minimum age requirements, such as – (a) no person
(including the cadets) below the age of 16 years is allowed to work on ships (b)
no person below the age of 18 years is allowed to work at night where the night
period is defined as 2100 hrs to 0500 hrs.

TITLE 2 – CONDITIONS OF EMPLOYMENT

This deals with contractual conditions, hours of work and rest, leave,
repatriation and a written undertaking by the owner that he is responsible to
medical and compensation in case of injury and death. Hours of work are –
maximum 14 hrs in 24 hour period and 72 hours in 7 day period; hours of rest –
minimum 10 hours in 24 hours period and 77 hours in 7 day period.

TITLE 3 – ACCOMMODATION, RECREATION, FOOD AND CATERING

Accommodation – On new ships – no more twin-sharing cabins (including

for cadets) advised to provide attached toilets, but if common toilets provided
then very strict specifications to be adhered to minimum height of deck-head in
accommodation increased; for existing ships – acoustic and vibration levels to be
monitored regularly.

Recreation – for the first time the owner has a legal responsibility to
provide recreation onboard, access to internet and e-mail and organise
conveyance in ports from time to time.

Food and Catering – the cook is now required to be trained and certified
by the Flag State.

TITLE 4 – MEDICAL AND SOCIAL PROTECTION

The existing medical facilities have been enhanced to include dental and eye
treatments.

TITLE 5 – COMPLIANCE AND ENFORCEMENT

Compliance is the responsibility of the Flag State. They will conduct

labour survey on 14 parameters based on Title 1 to Title 4 and issue to the ship
“Declaration of Maritime Labour Compliance (DMLC)” along with a Maritime
Labour Certificate (ML Certificate), which will be statutory certificate and valid for
5 years with annual, intermediate and renewal labour surveys. It is important to
note that the ML Certificate is invalid in the absence of DMLC.

Enforcement is the responsibility of PSC. They have volunteered to

enforce it for the benefit of the world seafarers and have thus given the powers to
detain a ship if the MLC requirements are not found to be met. Also, every
seafarer has the right to complain to Flag State or PSC, but first has the
obligation to follow the “Complaints Procedure” of the Company, which will be
part of the Labour Manual onboard.

Finally, the MLC is considered a big step in the welfare of the seafarer and is
being called the “fourth pillar of maritime operations” – the other three pillars
being SOLAS, MARPOL and STCW.
Ans 5A) Article 101 of the Convention defines an act of ship-based piracy as
consisting of acts of violence or detention, or an act of depredation, committed for
private ends by the crew of a private ship directed against another ship on the
high seas, or outside the jurisdiction of any State. Piracy also extends to the
operation of a pirate ship which is a ship used by persons for the purposes of
committing pirate acts. This general definition of piracy is consistent with the
common expression that a pirate is host is humani generis: an enemy of all
mankind. However, by limiting the definition to acts committed for „private ends‟
any actions taken for political motives are excluded. Thus the UNCLOS makes it
clear that high seas piracy is illegal and that all states have a right to seize and
prosecute those responsible for pirate acts on the high seas.

A crucial element of the UNCLOS definition of piracy is that piracy is an act

which occurs on the high seas, which will also include the adjoining exclusive
economic zone which extends from the edge of the territorial sea to 200 nautical
miles. When piracy was first subject to regulation under the Law of the Sea,
nearly all of the world‟s oceans were considered high seas. As such, a century ago
nearly all violent acts at sea committed for private ends would have been
characterised as piracy. However, under the new law of the sea as reflected in the
UNCLOS, vast tracts of the world‟s oceans have now fallen under the sovereignty
and jurisdiction of coastal States. Under the UNCLOS, an act of piracy can
therefore only occur beyond the limits of the territorial sea, which in most cases
extends 12 nautical miles from the coastline. The legal definition of piracy as an
international crime leads to one significant exception to general maritime law
according to which, in international waters, the Flag State is the only authority
exercising enforcement powers in respect of vessels registered in its shipping
register and, secondly, obliges all States to intervene and to cooperate to the
fullest possible extent in the repression of piracy.

This definition also lays down many requirements:

 (a) the capture of a pirate ship must be made on the High Seas (while on the
territorial sea, the coastal State must take all necessary measures),

(b) the crime may be characterized by an act of violence, kidnapping or robbery,

or voluntary and conscious participation or instigation and facilitation for such
action,

(c) the illegal act must be committed for private ends, excluding crimes of
maritime terrorism,committed for political reasons. Therefore, the intention to rob
is not required under international law: the crime may be aimed at any purpose,
not just predation, such as revenge,

(d) such illegal acts must be committed by the crew or the passengers of a
private ship (or a private aircraft). However, the acts committed by a warship,
government ship or government aircraft whose crew has mutinied and taken
control of the ship or aircraft are assimilated to acts committed by a private ship
or aircraft (Article 102), (e) the crime must be committed by a ship against
another ship (or aircraft), or against persons and property. Therefore, acts of
hijacking or other unlawful acts committed by persons on board of the same
vessel are excluded (the “Two-Ship” requirement) (Article 101).At the same time,
the 1988 Rome Protocol for the Suppression of Unlawful Acts against the Safety
of Fixed Platforms Located on the Continental Shelf was also adopted. This
Protocol extended the same regulation to criminal activity carried out on fixed
platforms located on the Continental Shelf. The scope of the new Convention is
not limited to piracy, but extended to any act of violence or threat, of seizing and
destroying a ship, including acts of terrorism committed in waters „beyond the
outer limits of the territorial sea of a single State‟ and on board a private ship, to
take possession of the same ship or to cause damage to a person on board, for
political or terrorist purposes (Article 3). The Convention, in fact, leaves States
free to take the necessary measures, including coercive measures, on a case by
case basis.

Ans 5 B) The resolution on piracy and armed robbery against ships in waters off
the coast of Somalia condemns and deplores all acts of piracy and armed robbery
against ships, irrespective of where such acts have occurred or may occur; and
expresses deep sympathy for the loss of seafarers, while in captivity, for their
plight while held hostage in appalling conditions, often for long periods of time,
and for their families.

Acts of piracy and armed robbery against ships are of tremendous concern
to IMO and to shipping in general. The fight to prevent and suppress these acts is
linked to the measures to improve security on ships and in port facilities, adopted
in December 2002. The following definition of piracy is contained in Article 101 of
the 1982 United Nations Convention on the Law of the Sea (UNCLOS):

“Piracy consists of any of the following acts:

a) any illegal acts of violence or detention, or any act of depredation, committed

for private ends by the crew or the passengers of a private ship or a private
aircraft, and directed:

- on the high seas, against another ship or aircraft, or against persons or property
on board such ship or aircraft;

- against a ship, aircraft, persons or property in a place outside the jurisdiction of

any State;

b) 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;

c) any act inciting or of intentionally facilitating an act described in sub-paragraph

(a) or (b).”

INITIATIVES TO COUNTER PIRACY AND ARMED ROBBERY AT SEA

IMO is implementing an anti-piracy project, a long-term project which

began in 1998. Phase one consisted of a number of regional seminars and
workshops attended by Government representatives from countries in piracy-
infested areas of the world; while phase two consisted of a number of evaluation
and assessment missions to different regions. IMO's aim has been to foster the
development of regional agreements on implementation of counter piracy
measures.

Regional cooperation among States has an important role to play in solving

the problem of piracy and armed robbery against ships, as evidenced by the
success of the regional anti-piracy operation in the Straits of Malacca and
Singapore. The Regional Cooperation Agreement on Combating Piracy and Armed
Robbery against ships in Asia (RECAAP), which was concluded in November 2004
by 16 countries in Asia, and includes the RECAAP Information Sharing Centre
(ISC) for facilitating the sharing of piracy-related information, is a good example
of successful regional cooperation which IMO seeks to replicate elsewhere.

Today, the deteriorating security situation in the seas off war-torn Somalia
and the Gulf of Aden (and in the increasingly volatile Gulf of Guinea) are at the
heart of the problem. In January 2009, an important regional agreement was
adopted in Djibouti by States in the region, at a high-level meeting convened by
IMO. The Code of Conduct concerning the Repression of Piracy and Armed
Robbery against Ships in the Western Indian Ocean and the Gulf of Aden
recognizes the extent of the problem of piracy and armed robbery against ships in
the region and, in it, the signatories declare their intention to co operate to the
fullest possible extent, and in a manner consistent with international law, in the
repression of piracy and armed robbery against ships.
The signatories commit themselves towards sharing and reporting relevant
information through a system of national focal points and information centres;
interdicting ships suspected of engaging in acts of piracy or armed robbery
against ships; ensuring that persons committing or attempting to commit acts of
piracy or armed robbery against ships are apprehended and prosecuted; and
facilitating proper care, treatment, and repatriation for seafarers, fishermen,
other shipboard personnel and passengers subject to acts of piracy or armed
robbery against ships, particularly those who have been subjected to violence.

To assist in anti-piracy measures, IMO issues reports on piracy and armed

robbery against ships submitted by Member Governments and international
organizations. The reports, which include names and descriptions of ships
attacked, position and time of attack, consequences to the crew, ship or cargo
and actions taken by the crew and coastal authorities, are now circulated
monthly, with quarterly and annual summaries.

IMO has issued the following circulars:

Ø MSC.1/CIRC.1333 RECOMMENDATIONS TO GOVERNMENTS FOR

PREVENTING AND SUPPRESSING PIRACY AND ARMED ROBBERY
AGAINST SHIP suggests possible counter-measures that could be
employed by Rescue Co-ordination Centers and security forces. Now also
includes draft Regional agreement on co-operation in preventing and
suppressing acts of piracy and armed robbery against ships.
Ø MSC.1/CIRC.1334GUIDANCE TO SHIP OWNERS AND SHIP
OPERATORS, SHIPMASTERS AND CREWS ON PREVENTING AND
SUPPRESSING ACTS OF PIRACY AND ARMED ROBBERY AGAINST
SHIPS contains comprehensive advice on measures that can be taken
onboard to prevent attacks or, when they occur, to minimize the danger to
the crew and ship.

Directives for Maritime Rescue Co-ordination Centres (MRCCs) on Acts of Violence

against Ships (MSC/Circ.1073).

In November 2001, the IMO Assembly adopted the Code of Practice for
the Investigation of the Crimes of Piracy and Armed Robbery Against
Ships(resolution A.922(22)) as well as Measures to prevent the registration
of phantom ships (resolution A.923(22)). Piracy and armed robbery against
ships is dealt with by the Maritime Safety Committee (MSC)as well as by the
Facilitation Committee.
Ans 5 C) Purpose of this Merchant Ship notice M.S.19/2002 is to bring to the
attention of all masters, crew, ship owners, managers and agents, the risk of
piracy on high seas and armed robbery against ships while at anchor, in port or
while underway through the waters of a coastal state. This notice is more
importantly meant to serve as a guide in dealing with such acts of violence.

Piracy is an offence committed on the high seas or in a place outside the

jurisdiction of any State. As per provisions of the United Nations Convention on
the Law of the Seas (UNCLOS), a pirate who has been apprehended on the high
seas is to be dealt with under the laws of the flag State of his captors.

Within territorial waters, jurisdiction over armed robbers or pirates rests

solely with the Coastal State.

The Anti-Attack Plan

The plan should be ship specific & prepared while taking in account the level of
risk that may be encountered. Some of the factors that merit consideration would
be, number of crew available and their capabilities & training, design of the ship
in the respect to ability to establish secure areas, availability of surveillance and
detection equipment onboard etc. A typical plan would consist of following key
points. Key points:

Ø Be vigilant
Ø Reduce opportunities for theft
Ø Establish secure area(s)
Ø Prepare and exercise anti-attack plans
Ø Report all incidents to the coastal and flag state authorities.

IF ATTACKERS BOARD THE VESSEL

There is no substitute to early detection of potential attacks and this first

line of defense must be strengthened utilizing all available resources available. In
an unfortunate instance where attackers have indeed managed to board the
vessel, following should be adhered to, in as much as possible under the
circumstances. Securing the greatest level of safety for those on board the vessel;
Seeking to ensure that the crew remains in control of the navigation of the vessel;
Securing the earliest possible departure of the attackers from the vessel
Crewmembers should operate together and remain in constant communication
with the bridge and should be recalled if their line of withdrawal to a secure area
is threatened.
ACTION AFTER AN ATTACK

If crew has apprehended an attacker, he should be placed in secure

confinement and well cared for. Arrangements should be made to transfer him to
the custody of law enforcement officersof a coastal State at the earliest possible
opportunity. Any evidence relating to his activities should also be handed over to
the authorities who take him into custody. A full inventory of stolen goods
including a description of any personal possessions or equipment damaged/stolen
should be prepared.

Reports to the RCC, coastal State and the ships maritime administration
should also be made if an attack has been unsuccessful.

Ans 6 A) ANSWER ALREADY DISCUSSED

Ans 6 B) Ship vetting is an in-depth assessment of a ship with respect to its

quality and that of its owner, operator and manager, right from commissioning to
current status. Vetting enables the charterer to optimise vessel selection by
matching available vessels to operational requirements of the voyage and
therefore maximising efficiency. Tanker ownership was traditionally with oil
companies. Long-term time charters were becoming increasingly rare with the
spot charter market becoming very active.

In and around the „70s and „80s, the oil industry saw ownership of tankers
gradually moving from oil companies to independent ship owners. The pattern of
tanker ownership moved from the well-established independent ship owner with a
substantial fleet to non-traditional shipping interests, often with no active interest
or experience in shipping. The fleet size was also small, sometimes only a single
ship representing the owner‟s stake in the oil industry.

Ship managers began to play a growing and influential role in this changing
world. The oil industry, now being a major spot charterer of all types of tonnage,
began to be concerned with the quality of tankers. A number of member
companies of an internationally well-established organisation called the Oil
Companies International Marine Forum (OCIMF) began the development of ship
vetting systems in the late '70s and early '80s. Each scheme was unique to the
individual company's needs. Recognising that different standards were sometimes
being applied, with consequent confusion amongst ship owners, OCIMF members
developed Inspection Guidelines for Oil Tankers in 1989, based on international
conventions such as SOLAS, MARPOL, STCW etc. and industry-accepted technical
guidance such as ISGOTT (International Safety Guide for Oil Tankers and
Terminals) and other standards.

Individual in-house databases enabled the oil company to form a reliable

view of a ship's suitability for charter. The number of major tanker accidents in
1989, ship quality and liability issues assumed an even greater prominence in the
oil industry. Besides vessels, there was a realisation in the industry that shore-
based management of the ship was important as well. Therefore, OCIMF
members began to assess the quality of ship management agencies, operators,
their policies and the implementation of those policies.

The Objectives of Vetting:-

The overall aim is to increase safety at sea and to decrease pollution. The
following issues are part of the broader perspective of ship vetting:

Ø To check whether the ship complies in every respect with international

legislation and with certain industrial standards
Ø To avoid major oil pollution cases because it damages the reputation of oil
companies and it involves enormous financial responsibilities.
Ø At the same time, the environment is better protected. To increase safety
on board as well as to better the safety management of a company
Ø To decrease the danger of explosion and/or fire and the ensuing damages
for the terminal installation and its surroundings
Ø To ensure that cargo is not carried on substandard ships.
Ø There are too many implications if the cargo is damaged or lost due to
substandard vessels, owners, operators or managers.

There are at present mainly two initiatives working in this field:

(1) Ship Inspection Report Programme (SIRE) is a project worked out by OCIMF
and concerns the transport of oil by sea.
SHIP INSPECTION REPORT PROGRAMME (SIRE)
With a significant increase in ship inspection activity, OCIMF members with
ship vetting programmes recognised that duplication of ship inspections was
occurring and occasionally several inspectors from oil companies, and indeed from
other organisations such as Port State Control and insurance interests, had been
on board the ship at the same time seeking to carry out . inspections. Clearly,
apart from the sheer inefficiency of this activity, ship staff was put under
considerable stress at times when the ship was busy in port, probably loading or
discharging.
OCIMF members also recognised that it would be impossible for individual
companies to maintain up-to-date inspection reports on every ship that was
potentially of interest to them and that some system of sharing inspection reports
was necessary. This combination of circumstances led to the development of the
SIRE programme that was launched in November 1993. The original SIRE
programme consisted of a database comprising OCIMF member company's
inspection reports compiled according to each company's individual inspection
procedures. The SIRE report itself contained only that information that had been
submitted by the inspecting company and neither the report nor OCIMF provided
any conclusion, rating or recommendation as to the suitability of the ship. A key
feature of SIRE is that membership is entirely voluntary.
(2). Chemical Distribution Institute (CDI) is an independent organisation with its
own statutes and it is also part of a bigger project, initiated under the
„Responsible Care Programme‟ of the European Community, concerning the
distribution, transport and storage of chemicals and gas over the road, in the air
and at sea.

CHEMICAL DISTRIBUTION INSTITUTE

The Chemical Distribution Institute, based in the UK has its own inspection
system, which it is harmonising with the OCIMF SIRE system. The form was
originally introduced by CEFIC, the European Chemical Industry Council. The CDI
is gradually harmonising its safety measures with OCIMF, so the two groups can
share information.

Companies in CDI include Chevron, DOW, Lyondell, BP Norsk Shell, Du

Pont, ExxonMobil, Hoechst, Akzo Nobel, BASF, ConocoPhillips, Petrobras and
Kuwait Petroleum. The databases are available to all participating companies,
accredited inspectors, ship owners (marine) and terminal operators (terminals).
CDI produces report analysis software, which can, for example, shows tables and
reports of the number and percentage of non-conformances, inspector
observations, comments and non-conformances by category.

The Inspection Process

Inspectors working for oil companies go on board ship and make a report
based on quality of the vessel, its equipment and operational practices. Under the
SIRE programme, all the vetting inspections, which oil companies make on ship
owners, are put into a standard format, so they can be shared between the oil
companies.

The vetting inspection is very thorough and strict. Under no circumstances

can it be taken lightly. Every aspect on the ship is put to test, be it big or small –
from the main engine to the galley exhaust! The inspection takes a few hours to
conduct but once accomplished and passed, there is normally a validity of one
year.

An important point to note is that if a deficiency found is a small one, the

ship owner (through the ship‟s staff) is given time to have it rectified. After which,
if found satisfactory, the ship is passed. But if the deficiency is big, the ship fails
the inspection and the ship will once again be put to an entire vetting inspection
to have it passed. But under no circumstances can a ship be detained. All the
failure of a vetting inspection results in is that the oil company will not put its
cargo on the vessel till such time the vessel has passed the vetting inspection.
This in itself is a big commercial loss for the ship owner

Ans 6 C) In 1989, what was then, the worst oil spill in history took place in the
Alaskan water area. The OPA 90 Regulations, which stands for the Oil Pollution
Act of 1990, was spurred on by the horrible spill in the Alaskan area.
What this bill is meant to do is to protect the environment, population, and
the corporation all at once. It protects the environment by ensuring that there is a
well documented outline of how a company will react in the case of a spill. It
protects the population by making sure the company does what it needs to do.
And it protects the environment by making sure that a spill is dealt with properly
and that impact to areas such as fisheries will be contained.

What the act states is that any oil company, meaning ship or oil rig, is liable
for the costs and damages resulting from an accident when oil is spilled into the
ocean water, shorelines, or in an area that is popular for fisheries. This is the first
act that was created for establishing liability on a corporation, due to damages to
resources, injuries and loss of income for people who fish those areas.

When the bill was written it put a limit of liability to 75 million dollars, which
means that all the company would have to pay out in the event of any spill would
be that amount, however, due to the spill in 2010 in the Gulf of Mexico, it was
attempted to be raised up to 10 billion dollars due to the sizable amount that is
being spilled in that location. That attempt was blocked by both political sides
because there are other wells in that area that need to be protected.

All companies must have a prevention plan for any spills, and in case of any
spills, they must also have a clean up plan as well. However, if the spill is from an
act of God, war, or from another form of a third party they are not responsible for
the clean up. The catch with this stipulation is that the party has to be fully
cooperative with the effort of releasing information on how it happened, and any
records that the government may request in order to get the spill cleaned up. If
they do not cooperate, they could end up being liable for all the damages.

In case the corporation responsible is not able to clean up the mess, there is
a tiny tax that all consumers pay when they go and get gasoline at the stations. It
is a tiny tax that goes into a trust fund for situations that occur when the party is
unable to clean up the mess. This fund is titled the Oil Spill Liability Trust Fund.

The maximum amount that can be paid out of that fund is $1 billion dollars
for one single accident and $500 million for the claims with the natural resources
assessment. On 1 July 2009 the US Coast Guard published an Interim Rule
adjusting the limits of liability for vessels and deepwater ports under the Oil
Pollution Act of 1990 (OPA-90) to reflect increases in the Consumer Price Index
(CPI).

Source category Previous limit of New limit of

liability liability

(a) Vessels:

(1) For an oil cargo The greater of $3,000 The greater of $3,200
tank vessel greater per gross ton or per gross ton or
than 3,000 gross tons $22,000,000. $23,496,000.
with a single hull,
including a single-hull
tank vessel fitted
with double sides
only or a double
bottom only.

(2) For a tank vessel The greater of $1,900 The greater of $2,000
greater than 3,000 per gross ton or per gross ton or
gross tons, other $16,000,000. $17,088,000.
than a vessel referred
to in (a)(1).

(3) For an oil cargo The greater of $3,000 The greater of $3,200
tank vessel less than per gross ton or per gross ton or
or equal to 3,000 $6,000,000. $6,408,000.
gross tons with a
single hull, including
a single-hull tank
vessel fitted with
double sides only or a
 double bottom only.

(4) For a tank vessel The greater of $1,900 The greater of $2,000
less than or equal to per gross ton or per gross ton or
3,000 gross tons, $4,000,000. $4,272,000.
other than a vessel
referred to in (3).

(5) For any other The greater of $950 The greater of $1,000
vessel per gross ton or per gross ton or
$800,000. $854,400.

(b) Deepwater Ports:

(1) For a Deepwater $350,000,000 $373,800,000.

Port, other than a
Deepwater Port with
a limit of liability
established by

Ans 7 i) It is important to be aware of the legal obligation a charterer may take

on when warranting in the charter party that the vessel will be trading between
safe port , berth and anchorages.

There is often a risk that a vessel is damaged when entering, remaining and
leaving a port. The loss may consists of hull repair cost but also delay and loss of
time in addition to liabilities for third party property damage. Owners will try to
recover the damages from the charterers on the alleged failure by the charterer
to order the vessel to safe port, berth and anchorages.

When charterer considers their liability under charter party for such an
incident such a unsafe port, they should keep in mind that they have probably
given an express warranty. After charterer have established that there is a safety
warranty , the second decisive point when this obligation arise. The answer is that
the port or the berth must be in compliance with the warranty at the time when
charterer gives order to proceed to a port or berth.

At that time the port needs to be prospectively safe for the ship to reach
use and leave it.

1) In this case when the port became unsafe eg – a war breakout, the
charterer initial obligation will arise again i.e they need to order the vessel
to another prospectively safe port if they wish to continue trade. Vessel
calling to an unsafe port could be serious charter party breach.
2) When the vessel is at a port which became unsafe in this case for example
– if there is a loss or damage to vessel because there was war. The owners
will hold charterer responsible under the charter party. Owners will claim for
damage or loss because vessel was ordered allegedly to proceed to an
unsafe port or berth. In such case charterer will immediately contact P&I
Club for assistant and advice.
 DGS:ASM PAPERS DATE- MAY’2015

Ans 1(B) Charter party is a written, or partly written and partly printed, contract
between a ship owner and a merchant, by which a ship is let or hired for the
conveyance of goods on a specified voyage, or for a defined period. A vessel
might also be chartered to carry passengers on a journey. Also, a written contract
between ship owner and charterer whereby a ship is hired; all terms, conditions
and exceptions are stated in the contract or incorporated by reference. The
charterer takes over the vessel for either a certain amount of time (a time
charter) or for a certain point-to-point voyage (a voyage charter), giving rise to
these two main types of charter agreement. There is a subtype of time charter
called the demise or bareboat charter.

In a time charter, the vessel is hired for a specific amount of time. The
owner still manages the vessel but the charterer gives orders for the employment
of the vessel, and may sub-charter the vessel on a time charter or voyage charter
basis.
The demise or bareboat charter is a subtype of time charter in which the
charterer takes responsibility for the crewing and maintenance of the ship during
the time of the charter, assuming the legal responsibilities of the owner and is
known as a deponent owner. Whereas, in a voyage charter, the charterer hires
the vessel for a single voyage, and the vessel's owner (or deponent owner)
provides the master, crew, bunkers and supplies.

2(A) (FOR ANSWER OF 2 (A) AND (B) ILO INSTRUMENTS ARE COMPILED TO
FORM MLC SO ANSWER WILL BE AS PER MLC)

The most obvious provisions affecting the work of the welfare providers are
contained in Regulation 4.4 dealing with access to shore-based welfare facilities,
including the promotion and development of such facilities and services in ports,
the development of port, regional and national welfare boards and the protection
of seafarers in foreign ports. The mandatory provisions and the guidance set out
in this regulation provide significant assistance to welfare providers in
encouraging governments and the shipping community at large to participate in
improving welfare standards worldwide. But there are other provisions that are of
equal importance.
The MLC specifies a mandatory complaints procedure available to seafarers
and to other parties, including local welfare providers, alleging that the working or
living conditions on a particular ship do not conform to Convention standards. If
such a breach is proven, after a port state inspection, the ship may be detained or
delayed until the matter is rectified. The MLC also sets out specific details of what
the industry as a whole considers to be acceptable labour and social standards
and living conditions.
Contents of crew contracts, payment of wages, work and rest hours, rights
to repatriation, medical care, the provision of food and accommodation standards
as well as numerous other issues affecting seafarers living and working conditions
are all set out in clear and precise detail. These must be applied by ships flying
the flags of countries that have ratified the MLC and may be used by welfare
providers against ships flying other flags to demonstrate what standards should
be expected of all responsible ship operators.

2(B) The MLC Regulation 2.1 and Standard A2.1 Seafarers‟ Employment
Agreements (SEA), requires that there should be individual Seafarer Employment
Agreements between the ship owner and each seafarer working on board the
vessel, or that seafarers who are not employees (e.g. self-employed seafarers)
are in possession of evidence of contractual or similar arrangements providing
them with decent working and living conditions on board the ship as required by
the Maritime Labour Convention. The SEA is a contractual agreement between an
individual seafarer and the ship owner or ship owner‟s representative. MLC
requires that there should be one named body – the “ship owner” who has
ultimate responsibility for all aspects of the working and living conditions of all
“seafarers” employed on-board a ship to which the MLC applies irrespective of
who may actually employ them. MLC uses the term “ship owner” to mean the
owner of the ship or another organisation or person, such as the manager, agent
or bareboat charterer, who has assumed the responsibility for the operation of the
ship from the owner and who, on assuming such responsibility, has agreed to
take over the duties and responsibilities imposed on ship owners in accordance
with MLC, regardless of whether any other organisation or persons fulfill certain of
the duties or responsibilities on behalf of the ship owner. In the majority of cases
this will be the ISM Code DOC holder, but it does not have to be. Content of
Seafarers’ Employment Agreement (SEA)
The SEA is required to contain, as a minimum, the following information
relating to the individual seafarer, the ship owner, and the terms and conditions
under which the seafarer is to be employed:
Ø The seafarer‟s full name, date of birth or age, and birthplace;
Ø The ship owner‟s name and address;
Ø The place where and date when the seafarer‟s employment agreement is
entered into;
Ø The capacity in which the seafarer is to be employed;
Ø The amount of the seafarer‟s wages or, where applicable, the formula used
for calculating them;
Ø The amount of paid annual leave or, where applicable, the formula used for
calculating it;
Ø The termination of the agreement and the conditions thereof, including:
Ø If the agreement has been made for an indefinite period, the conditions
entitling either party to terminate it, as well as the required notice period,
which shall not be less for the ship owner than for the seafarer;
Ø If the agreement has been made for a definite period, the date fixed for its
expiry; and
Ø If the agreement has been made for a voyage, the port of destination and
the time which has to expire after arrival before the seafarer should be
discharged.
Ø The health and social security protection benefits to be provided to the
seafarer by the ship owner;
Ø The seafarer‟s entitlement to repatriation, including repatriation destination;
reference to the collective agreement, if applicable.

Ans A) General Average stands apart for Marine Insurance. In order for General
Average to be properly declared:-
1) There must be an event which is beyond the shipowners control, which imperils
the entire adventure;
2) There must be a voluntary sacrifice,
3) There must be something saved.
The voluntary sacrifice might be the jettison of certain cargo, the use of
tugs, or salvors, or damage to the ship, be it, voluntary grounding, knowingly
working the engines that will result in damages. "General Average" requires all
parties concerned in the maritime venture (Hull/Cargo/Freight/Bunkers) to
contribute to make good the voluntary sacrifice. They share the expense in
proportion to the 'value at risk" in the adventure. "Particular Average" is the term
applied to partial loss be it hull or cargo.
(b) Salvage may not necessarily arise from an actual contract. However,
there are vessels standing by, crewed by professional salvors under a salvage
agreement in Lloyd's Open Form (LOF).
Contracts are usually entered into on the LOF (1980, 1990, 1995 and now
2000 LOF). Under these contracts, rewards are based on no cure, no pay
principle, in which the salvor receives no reward if no property is saved. Special
compensation is paid, however, as a reward for efforts to prevent or minimize
damage to the environment even if no property is saved under the convention.

FUNDAMENTAL PRINCIPLES OF THE LOF FORM

The first is that of “no cure no pay”, meaning that the salvor is only to
receive payment in the event that the salvage operation is a success. The second
is that the level of payment is to be decided after the event by an arbitrator to
reflect the value of what is salved and awards can be correspondingly high. The
policy behind these principles is on the one hand to compensate salvors who may
go to considerable danger in attempting a salvage operation and on the other
hand to ensure that the salvage business is a profitable one and that it been
couraged.

CHANGES INTRODUCED BY LOF 2011

The changes made to the LOF itself are two. Firstly, the details of LOF
awards are to be made available on the Lloyd‟s website (LOF clause 3), although
only by subscription. This provision alters the traditional confidentiality that
parties to an LOF arbitration had enjoyed. The Council of Lloyd‟s justifies this
change as part of a general policy of transparency and it is accompanied by a new
procedure for appointment to the LOF Panel of Arbitrators, also designed to
enhance transparency.
Lloyd‟s is also making appeals publically available. The procedure through
which parties to an arbitration may object to the publication of the award is to be
governed by the new clause 12 of the LSSA. Secondly, Lloyd‟s now requires that
all agreements to use the LOF be reported to Lloyd‟s (LOF clause 4). Lloyd‟s
justifies this new requirement as a result of the increasing use of the form, a
increase which it is keen to monitor. The remaining changes are to the LSSA.

CHANGES TO THE LSSA

The security that a salvor may obtain from the owners of a salvaged vessel
often becomes an issue in salvage operations. Although the central mechanisms
by which the salvor is able to obtain security remain unchanged, the new edition
of the LSSA does alter the general security procedure in two ways. The first
applies to the security that an arbitrator may obtain. Lloyd‟s reports that
arbitrators are increasingly concerned about their exposure to unpaid fees.
Underthe LOF, security for the award due to the salvor should be provided directly
to the Council of Lloyd‟s. This also provides security for the arbitrator‟s fees.
Lloyd‟s reports that owners are frequently failing to do this. A change to the LSSA
clauses entitles the salvor to demand security for fees incurred or reasonably
anticipated to be occurred. This new power is provided by clause 6.6 of the LSSA
clauses and an identical power is provided to appeal arbitrators by clause 10.8 of
the LSSA. Lloyd‟s reports concern regarding the means by which security is
obtained in cases involving container ships, which may carry cargo owned by
hundreds and even thousands of different owners. The new clause 13 of the LSSA
allows notice of the salvage operation to be provided to the insurers of the
property rather than the owners themselves, the logic being that one insurer is
likely to act for a number of owners so many fewer notices will need to be sent
out.

ON ARRIVAL - FREE PRATIQUE

Port health clearance procedures are regulated under the International health
regulation. Ships on being declared a healthy ship to can proceed to berth after
getting free pratique. The declaration of a free pratique being granted by either
informing the port by radio or by hoisting the „Q‟ flag. A ship is not declared to be
healthy due to any of the following reasons:
Ø Death of persons onboard
Ø Illness on board
Ø Suffering an infectious disease
Ø Circumstances causing spread of disease
Ø Animals on board – death or sickness amongst them
Ø Such occurrences occurred on board last 28 days
In such a case, the ship should inform port control 12 hrs prior arrival or 4 hrs
prior E.T.A., if not possible then on arrival.
ARRIVAL PROCEDURE (DOCUMENTS)
Ø International health regulations – WHO
Ø International health organisation regulates port health procedures. Most
countriesimplement these in national regulations.
Ø Health clearance is called a free pratique. It literally means permission to
disembarkand commence cargo operations. Health clearance is required if
there has been on boardduring the previous 28 days any of the occurrences
which the master is required toreport.
Ø If no such occurrences are there then the Port health officer will generally
give freepratique.
 Ø Also under this regulation every ship must carry an International Ship
SanitationCertificate an exemption certificate as appropriate.
Ø These certificates are issued by the port health authority and are valid for 6
months.
Ø Furthermore, a certificate of vaccination against yellow fever is the only
other certificate nowrequired under these regulations for international
travel, especially for African countries. Everyseafarer should have this
international vaccination certificate for yellow fever.
Ø With regard to conforming to the health regulations, the Master to complete
maritimedeclaration of health form.

GENERAL DECLARATION
Ø Name and description of ship
Ø Nationality of ship
Ø Particulars regarding registry
Ø Name of master
Ø Name and address of ship‟s agent
Ø Brief description of the cargo
Ø Number of crew
Ø Number of passengers
Ø Brief particulars of voyage
Ø Date and time of arrival, or date of departure
Ø Port of arrival or departure.
Ø Position of the ship in port

DOCUMENTS REQUIRED ON ARRIVAL

Ø 5 copies of general declaration
Ø 4 copies of cargo declaration
Ø 4 copies of ship‟s store declaration
Ø 2 copies of crew‟s effect declaration
Ø 4 copies of the crew list
Ø 4 copies of the passengers list
Ø 1 copy of the maritime declaration of health
Ø Port clearance from Last Port
Ø Declaration of security measures as per ISPS requirements.

CARGO DECLARATION - ON ARRIVAL

Ø Name and nationality of the ship
Ø Name of the master
Ø Port arrived from
Ø Port where report is made
Ø Marks and numbers: number and kind of packages: quality and description
of the goods
Ø Bill of lading numbers for cargo to be discharged at the port in question
Ø Ports at which cargo remaining on board will be discharged
Ø Original ports of shipment in respect of goods shipped on through bills of
lading.

ON DEPARTURE:-
 Ø Name and nationality of the ship
Ø Name of master
Ø Port of destination
Ø In respect of goods loaded at the port in question; marks and numbers;
number and kindof packages; quantity and description of the goods
Ø Bill of lading numbers for cargo loaded at the port in question
Ø Minimum essential information is required
Ø To be signed by master or agent
Ø Cargo manifest is accepted in lieu of cargo declaration provided it contains
all thedetails
Ø Details of the cargo in transit
Ø Ship‟s store declaration; Crew‟s effect declaration; Crew list; Passengers
list.

Ans B) The legal aspects include - Inform Owners as per notification procedure.
They will inform underwriters/classification, Inform charterers, Inform nearest
coast station/coast guard/port authority as applicable, AS PER MSA 358 inform
DG Shipping: Master of ship shall, on arriving in India, give immediate notice of
the shipping casualty to the officer appointed in this behalf by the government.

DISCOVERED STOWAWAY ON BOARD:-

Ø Follow company guidelines
Ø Establish where more stowaway onboard
Ø Notify ship-owner and agent at next port of call
Ø Establish identity of each stowaway
Ø Establish documents stowaway has in his/her possession
Ø Humanitarian obligation to provide maintenance e.g. food, water, sleeping
accommodation, washing and toilet facility
Ø Not an easy situation onboard, as a physical danger to crew or infectious
disease
Ø No matter whatever the situation to be treated humanely
Ø A case study shows that three stowaway found onboard and been thrown
overboard, two of them swim ashore safety and one drowned
Ø After legal proceeding master and chief officer were given life sentences and
other crew were jailed up to 20 years.

If more than one stowaway - keep them separate. Also establish

following:
Full name;
Nationality;
Postal and residential permanent or last address;
Date and place of birth;
Name,
date and place of birth of either or both parents or
other next of kin including their postal and residential address;
Details of any document found in stowaway‟s possession, such as passport,
CDC or identity card; Stowaway not be socialize and become friendly with
crew; Never allow stowaway to escape in port as ship's officer(s) may be
 fined by immigration; Do not allow stowaway on work; Proper logbook
entries made for the period of stay of stowaway.

Ans A) Place of refuge: Where the safety of life is involved, the provisions of
the SAR convention should be followed. Where a ship is in need of assistance but
safety of life is not involved, the guidelines given in IMO A 949 (23) should be
followed.
When a ship has suffered an incident, the best way of preventing damage
or pollution from its progressive deterioration would be to lighten its cargo and
bunkers; and to repair the damage. Such an operation is best carried out in a
place of refuge.
While coastal states may be reluctant to accept damaged or disabled ships
into their area of responsibility due primarily to the potential for environmental
damage, in fact it is rarely possible to deal satisfactorily and effectively with a
marine casualty in open sea conditions.
Granting access to a place of refuge could involve a political decision with
due consideration given to the balance between the advantage for the affected
ship and the environment resulting from bringing the ship into a place of refuge
and the risk to the environment resulting from that ship being near the coast.

Action required of master and / or salvors

Ø Appraisal of the situation
Ø The master should, where necessary with the assistance of the company
and/or the salvor, identify the reasons for his/her ship‟s need of assistance.
Ø Identification of hazards and assessment of associated risks.
Ø The master, where necessary with the assistance of the company and/or
the salvor, should estimate the consequences of the potential casualty if the
ship remains in the same position; if the ship continues on its voyage; if the
ship reaches a place of refuge; or if the ship is taken out to sea.

Identification of the required actions

Ø The master and / or the salvor should identify the assistance they require
from the coastal state.
Ø Contacting the authority of the coastal state.
Ø The master and/or the salvor should make contact with the coastal state in
order to transmit to it the relevant particulars.
 Ø Such contact should be made through the coastal state‟s Maritime
Assistance Service (MAS) as per IMO A 950(23).
Ø Establishment of responsibilities and communications with all parties
involved.
Ø The master and/or the salvor should notify the MAS of the actions that are
intended to be taken and within what period of time.
Ø The MAS should notify the master and/or the salvor of the facilities that it
can make available with a view to assistance or admittance of the ship to a
place of refuge, if required.

Response actions
Ø Subject, where necessary, to the coastal state‟s prior consent, the
shipmaster and the shipping company concerned should take any necessary
response actions, such as signing salvage or towage agreement or the
provision of any other service for the purpose of dealing with the ship‟s
situation.
Ø The master, the company and, where applicable, the salvor of the ship
should comply with the practical requirements resulting from the coastal
state‟s decision-making process.

Reporting procedures
Ø The reporting procedures should be in accordance with the procedures laid
down in the safety management system of the ship concerned under the
ISM Code.

Appraisal of the situation

1) The master should, where necessary with the assistance of the company
and/or the salvor, identify the reasons for his/her ships need of assistance.
Identification of hazards and assessment of associated risks.
2) Having made the appraisal , the master, where necessary with the
assistance of the company and/or the salvor, should estimate the
consequences of the potential casualty, in the following hypothetical
situations, taking into account both the casualty assessment factors in their
possession and also the cargo and bunkers on board:
- if the ship remains in the same position;
- if the ship continues on its voyage;
- if the ship reaches a place of refuge; or
- if the ship is taken out to sea.

Ø Identification of events, such as:

- fire
- explosion
- damage to the ship, including mechanical and/or structural failure
- collision
- pollution
- impaired vessel stability
- grounding.

2 Assessment of risks related to the identified event taking into account:

1) Environmental and social factors, such as:
Ø Safety of those on board
Ø Threat to public safety What is the nearest distance to populated areas?
pollution caused by the ship
Ø Designated environmental areas Are the place of refuge and its
approaches located in sensitive areas such as areas of high ecological value
which might be affected by possible pollution? Is there, on environmental
grounds, a better choice of place of refuge close by?
Ø Sensitive habitats and species
Ø Fisheries - Are there any offshore and fishing or shellfishing activities in the
transit area or in the approaches to the place of refuge or vicinity which can
be endangered by the incoming ship in need of assistance?
Ø Economic/industrial facilities, What is the nearest distance to industrial
areas?
Ø Amenity resources and tourism.
Ø Facilities available
Ø Are there any specialist vessels and aircraft and other necessary means for
carrying out the required operations or for providing necessary assistance?
Ø Are there transfer facilities, such as pumps, hoses, barges, pontoons?
Ø Are there reception facilities for harmful and dangerous cargoes?
Ø Are there repair facilities, such as dockyards, workshops, cranes?

2) Natural conditions, such as:

Ø Prevailing winds in the area.
Ø Is the place of refuge safely guarded against heavy winds and rough seas?
o Tides and tidal currents.
o weather and sea conditions
o Local meteorological statistics and number of days of inoperability or
inaccessibility of the place of refuge.
o bathymetry
o Minimum and maximum water depths in the place of refuge and its
approaches.
Ø The maximum draught of the ship to be admitted.
Ø Information on the condition of the bottom, i.e., hard, soft, sandy,
regarding the possibility to ground a problem vessel in the haven or its
approaches.
- seasonal effects including ice
- navigational characteristics
Ø In the case of a non-sheltered place of refuge, can salvage and lightering
operations be safely conducted?
Ø Is there sufficient space to manoeuvre the ship, even without propulsion?
Ø What are the dimensional restrictions of the ship, such as length, width and
draught?
Ø Risk of stranding the ship, which may obstruct channels, approaches or
vessel navigation.Description of anchorage and mooring facilities in the
place of refuge.
- operational conditions, particularly in the case of a port
Ø Is pilotage compulsory and are pilots available?
 Ø Are tugs available?
Ø State their number and horsepower.
Ø Are there any restrictions?
Ø If so, whether the ship will be allowed in the place of refuge, e.g. escape of
poisonous gases, danger of explosion, etc.
Ø Is a bank guarantee or other financial security acceptable to the coastal
State imposed on the ship before admission is granted into the place of
refuge?

3) Contingency planning, such as:

Ø Competent MAS
Ø Roles and responsibilities of authorities and responders
o Fire fighting capability
o response equipment needs and availability
o response techniques
Ø Is there a possibility of containing any pollution within a compact area?
- international co-operation
Ø Is there a disaster relief plan in the area?
- evacuation facilities

4) Foreseeable consequences (including in the media) of the different

scenarios envisaged with regard to safety of persons and pollution, fire, toxic and
explosion risks.

5) Emergency response and follow-up action, such as:

- lightering
- pollution combating
- towage
- stowage
- salvage
- storage.

5(B) GUIDELINES ON MARITIME ASSISTANCE SERVICE (MAS)

The circumstances of a ship.s operation that involve a MAS are not
those requiring rescue of persons
Three situations can arise:
Ø the ship is involved in an incident (e.g., loss of cargo, accidental discharge
of oil, etc.) that does not impair its sea keeping ability but nevertheless has
to be reported;
Ø the ship, according to its master‟s assessment, is in need of assistance but
not in distress situation (about to sink, fire developing, etc.) that requires
the rescue of those on board; and
Ø the ship is found to be in a distress situation and those on board have
already been rescued, with the possible exception of those who have
remained aboard or have been placed on board to attempt to deal with the
ship‟s situation.
If, however, in an evolving situation, the persons on board find themselves in
distress, the involvement of the mrcc and not the mas will have priority.

ESTABLISHMENT OF MAS
1) The establishment of a MAS should not necessarily entail the setting up of a
new organization. In so far as the present guidelines are observed, the
functions of the MAS could, at the discretion of the Administration, be
discharged by an existing organization, preferably an MRCC, or alternatively
a harbormaster‟s office, a coast guard operations centre (if one exists) or
another body.
2) The allocation of MAS functions to an MRCC could from a practical
viewpoint be an advantageous and effective solution but would require the
personnel to be well trained in distinguishing between circumstances
causing a ship to find itself in a distress situation and circumstances placing
a ship in a difficult situation but not in distress as defined in the SAR
Convention and procedures arising there from. It should be recalled that the
MRCC concept entails co-ordination of search and rescue operations. By
contrast, a MAS, within the scope of the above resolution, is responsible
only for receiving and transmitting communications and monitoring the
situation.
3) The fact that the resolution recommends every coastal State to establish a
MAS should not prevent neighbouring coastal States from combining their
resources under suitable arrangements to operate a joint MAS.
4) Conversely, a coastal State should be able to establish more than one MAS
if necessity so warrants.

DUTIES OF MAS
In accordance with the above resolution, the functions of a MAS are the
following:
1> to receive the reports, consultations and notifications provided for by the
relevant IMO instruments in the event of an incident involving a ship;
2> to monitor the ship‟s situation if a report as referred to in (1) discloses an
incident that may give rise to a situation where the ship is in need of assistance;
3> to serve as the point of contact between the master and the coastal State if
the ship‟s situation requires exchanges of information between the ship and the
Coastal State other than a distress situation that could lead to a search and
rescue operation;
4> to serve as the point of contact between those involved in a marine salvage
operation undertaken by private facilities at the request of the company and the
coastal State if the coastal State considers that it should monitor the conduct of
the operation.
The establishment of a MAS does not entail any reorganization of governmental
or administrative responsibilities or duties since, in accordance with the above
resolution, the MAS is only a contact point. It does, however, entail the
implementation of procedures and instructions enabling the MAS to forward any
given information to the competent organization and requiring the organizations
concerned to go through the MAS in order to make contact with the ship.
National instructions should therefore indicate to the organization discharging the
MAS functions at a minimum:
- the authority or organization to which it transmits the information
obtained from a ship; and
- the authority or organization from which it receives instructions
concerning its action and the particulars to be transmitted to the ship.
Nevertheless, as soon as information indicates that the ship.s situation
might subsequently require a rescue operation, the MRCC if the MAS function is
not discharged by it, must be informed so that it can make preparations to
respond if necessary.
The above resolution and the present guidelines would not prevent a
government from allocating to its MAS duties other than those referred to above
with regard to a ship in need of assistance.

OPERATION OF A MAS
A MAS should be operational on a 24-hour basis. It should be possible for
the English language to be used in exchanges between a ship in need of
assistance and a MAS. MAS should be authorized by their respective
Governments to exchange with each other information concerning reports
received and situations involving ships which may be in need of assistance.

COMMUNICATION FACILITIES
With regard to provisions of communication facilities to MASs, circular
COMSAR/Circ.18, entitled .Guidance on minimum communication needs of
maritime rescue co-ordination centres (MRCCs)., could be used as a basis.

6(A) The concept of a state exercising its jurisdiction over ships that ply its
waters and particularly those that call at its ports is well established in both
history and legal practice. It is universally acknowledged that once a ship
voluntarily enters a port it becomes fully subject to the laws and regulations
prescribed by the officials of that territory for events relating to such use and that
all types of vessels, military and other, are in common expectation obliged to
comply with the coastal regulations about proper procedures to be employed and
permissible activities within the internal waters. 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 international regulations and
that the ship is manned and operated in compliance with these rules. Port State
Control (PSC) is a ship inspection program whereby foreign vessels entering a
sovereign state's waters are boarded and inspected to ensure compliance with
various major international maritime conventions, namely:

1) International Convention for the Safety of Life at Sea (SOLAS),

2) International Convention for the Prevention of Pollution from Ships
(MARPOL),
3) International Convention on Standards of Training Certification and Watch
keeping for Seafarer (STCW)
4) Load Lines (LL), Convention on the International Regulations for Preventing
Collisions at Sea (COLREG)
5) International Labour Organization‟s Maritime Labour Convention.
6) As has been mentioned, the STCW 2010 saddles primary responsibility with
the flag state.
Regulation 1/4 goes on to prescribe the boundaries of port state intervention.
The subordinate position of the port state is highlighted by the fact that
subsection 1 of these regulations limits the port state control to the inspection of
the "appropriate certificate or a valid dispensation". However, subsection 3 of the
same Regulation demonstrates the recognition that the port state must be given a
certain degree of flexibility in order to be able to act as an effective safety net.
Thus, the subsection allows for an assessment where "there are clear
grounds for believing that such standards are not being maintained".
Again, several prescribed categories lay out where such „clear grounds‟ exist
so as to delineate the boundaries of intervention. Again, these boundaries are
blurred by the catch-call stipulation that intervention is allowed whenever the
“ship is otherwise being operated in such a manner as to pose a danger to
persons, property or environment”. It is these broad categories, which provide
the „legal loop-hole‟ for port state regulation of human factors in the appropriate
circumstances. This must be interpreted also to include safety drills to
demonstrate effective crew coordination and communication when there are
grounds to believe that ineffectiveness in this relation have been the cause of
dangerous operation.

Ans 6 (B) Cargo Ship Handling Equipment and Surveys

1. Lifesaving Appliances
Properly functioning lifesaving appliances are key elements of ship safety.
Routine crew examinations and proper maintenance can identify or remedy
potential problems, such as structural defects in lifeboats, inoperative lifeboat
engines or flemming gear, missing or inoperative lights on lifebuoys and
lifejackets, excessively worn lifting hooks in lifeboats, missing retro-reflective tape
from equipment, badly corroded engine mounts in lifeboats, missing safety
equipment from lifeboats, unsatisfactory “float-free” arrangement on life rafts and
inoperative lifeboat launching systems.

2. Fire fighting Equipment

 It is of utmost importance that the fire fighting equipment be properly
examined, maintained and ready for immediate use at all times. Unfortunately,
there are many fire fighting findings (related to the detection, extinction or risk of
fire) observed during surveys and audits including: missing or holed fire hoses;
missing fire hose nozzles: defective breathing apparatus; excessive oil
accumulation in machinery spaces bilges broke!! Fire detectors; missing, poorly
maintained or uncharged fire extinguishers; holed or soft patched fire mains;
missing or broken fire station cabinet handles and hinges, wrenches and hydrant
hand wheels; unmarked, broken or inoperative fire dampers; unprepared fire and
emergency crews; valves and fittings related to IGS in disrepair; C02 cylinder
room being used for storage; paints stored in machinery spaces instead of in a
dedicated paint locker; heavy accumulation of grease in galley exhaust ventilation
trunk; seized machinery space skylights; frozen or holed funnel dampers; engine
room ventilators.

3. Navigation Equipment
During surveys and audits, the types of findings include out-of-date,
uncorrected or missing charts for the intended voyages; inaccurately calibrated
magnetic compasses; faulty radio direction finders, echo depth sounders, radar's,
gyro repeaters, and navigation lights; outdated Tide Tables, List of Lights and
Sailing Directions, etc.; and copies of regulations (e.g., SOLAS, MARPOL, ITU
etc.) not on board.

Cargo Ship Safety Construction Surveys

The following findings deal mainly with steering gear and mooring
arrangement requirements. Other findings, which relate to structural items, are
discussed under class surveys, hull (below)
– steering control malfunctioning; officers not knowledgeable about emergency
steering procedures; communications in emergency steering room not working;
anchor chains, windlasses, wire ropes and mooring lines in a deteriorated physical
condition and potentially dangerous; defective guards on winches and windlasses;
and missing anchors and chain.

MARPOL Surveys

Careful attention should be paid to pollution prevention measures on board,

as well as maintaining accurate records for the handling of oil and other
pollutants. Penalties can be severe for an owner and any irresponsible
crewmember if a vessel fails to comply with the regulations. Findings noted during
surveys and audits include – missing oil record keeping book or entries not up to
date; poorly maintained, mis-operating or inoperative equipment for separating
oil from water including oil-content monitoring devices; sludge tank connected
directly overboard; and missing or un-posted pollution placard.

Ans 6 (C) Goal Based Standards (GBS)

The SOLAS regulation II-1/3-10 on Goal-based ship construction standards
for bulk carriers and oil tankers would apply to oil tankers and bulk carriers of
150m in length and above. It would require new ships to be designed and
constructed for a specified design life and to be safe and environmentally friendly,
in intact and specified damage conditions, throughout their life. The ship should
have adequate strength, integrity and stability to minimize the risk of loss of the
ship or pollution to the marine environment due to structural failure, including
collapse, resulting in flooding or loss of watertight integrity. The goal-based
standards have been developed on the basis of a five-tier system, consisting of
goals (Tier I), functional requirements (Tier II), verification of conformity (Tier
III), rules andregulations for ship design and construction (Tier IV) and industry
practices and standards (Tier V). The proposed goal-based standards reflect tiers
I to III.

(PLEASE REFER TO FLOW DIAGRAM ON NEXT PAGE)

7(A) (ANSWER OF THIS CAN BE GIVEN BY EXPLAINING COMPANY’S SAFETY AND
ENVIRONMENTAL POLICY WHICH WILL DIFFER FROM COMPANY TO COMPANY ,
AND EXPLAIN ISM CODE FOR ITS IMPLEMENTATTION )

The purpose of ISM Code is:

1. To ensure Safety at Sea.
2. To prevent human injury or loss of life.
3. To avoid damage to the environment and to the ship.

SOLAS adopted the ISM Code in 1994 and incorporated it into chapter IX.
In order to comply with the ISM Code, each ship class must have a working
Safety Management System (SMS). Each SMS consists of the following elements:
1. Commitment from top management.
2. A Top Tier Policy Manual.
3. A Procedures Manual that documents what is done on board the ship, during
normal operations and in emergency situations.
4. Procedures for conducting both internal and external audits to ensure the ship
are doing what is documented in the Procedures Manual.
5. A Designated Person Ashore to serve as the link between the ships and shore
staff and to verify the SMS implementation.
6. A system for identifying where actual practices do not meet those that are
documented and for implementing associated corrective action.
7. Regular management reviews.

Requirements
The ISM Code requires every Company to develop, implement and maintain a
safety management system (SMS) which includes these functional requirements:
1. A safety and environmental protection policy;
2. Instructions and procedures to ensure safe operation of ships, and protection
of the environment, in compliance with relevant international and flag State
legislation;
3. Defined levels of authority and lines of communication between, and amongst,
shore and shipboard personnel;
4. Procedures for reporting accidents and non-conformities with the provisions of
this Code;
5. Procedures to prepare and respond to emergency situations; and
6. Procedures for internal audits and management reviews.

Designated Person (DP) means the clear identifiable contact point between the
senior levels of the shore management and the ship. However, in the past the
marine superintendent accomplished this role. But, with various changes within
the shipping industry in the past 20 to30 years, this in some cases had a
diminishing role with the result of creating a void leading to a breakdown of
communications indicating the level of relationship between the shore and the
ship. First, it is clearly anticipated that within any company there can be more
than one designated person. The actual role of the designated person is:

Ø A conduit between the company ashore and the specific ship on all matters
relevant to the SMS
Ø An independent individual with direct access to the highest levels of
management
Ø An over-seer – verifying and checking that the SMS is functioning
adequately
Ø Monitoring the safety and pollution prevention aspects of the operation of
each ship
Ø Ensuring that needed resources and shore-based support are applied as
required
Ø For organising safety audits
Ø For monitoring that corrective action has been taken

7 (B) SHIP MASTER’S PLANNING - PRIOR TO ENTERING THE HIGH RISK

AREA
BRIEF CREW AND CONDUCT DRILL

Ø Prior to entry into the High Risk Area it is recommended that the crew
should be fully briefed on the preparations and a drill conducted. The plan
should be reviewed and all personnel briefed on their duties, including
familiarity with the alarm signifying a piracy attack, an all clear and the
appropriate response to each. The drill should also consider the following:
Ø Testing the vessel‟s Ship Protection Measures, including testing of the
security of all access points.
Ø The Ship Security Plan should be thoroughly reviewed.

PREPARE AN EMERGENCY COMMUNICATION PLAN

Masters are advised to prepare an Emergency Communication Plan, to
include all essential emergency contact numbers and prepared messages, which
should be ready at hand or permanently displayed near all external
communications stations, Company Security Officer etc.
Masters’ Planning - Upon entering the High Risk Area
Ø Reduce maintenance and engineering work to minimum
Ø Maintenance and engineering work in the High Risk Area – The following is
recommended:
Ø Any work outside of the accommodation is strictly controlled and similarly
access points limited and controlled.
Ø All Engine Room essential equipment is immediately available – no
maintenance on essential equipment.

CAREFULLY REVIEW ALL WARNINGS AND INFORMATION

The Master (and Company) should appreciate that the voyage routeing may
need to be reviewed in light of updated information received. This information and
warnings may be provided by a number of different means including NAV
WARNINGS – Sat C (and NAVTEXT in limited areas). It is important that all
warnings and information are carefully reviewed.

WATCH-KEEPING AND ENHANCED VIGILANCE

Prior to entering the High Risk Area, it is recommended that preparations are
made to support the requirement for increased vigilance by:
Ø Providing additional lookouts for each Watch; Additional lookouts should be
fully briefed.
Ø Considering a shorter rotation of the Watch period in order to maximise
alertness of the lookouts.
Ø Ensuring that there are sufficient binoculars for the enhanced Bridge Team,
preferably anti glare.
Ø Considering use of night vision optics. Maintaining a careful Radar Watch.

(ANSWER CAN ALSO BE ELABORATED BY EXPLAINING ALL HARDENING

MEASURES WHICH IS THERE IN BMP4 OR ITS LATEST PUBLICATION LATER ON)
 DGS:ASM PAPERS DATE- MARCH’15

1(B) ALREADY DICUSSED IN PAST PAPERS

2 A) ACTIONS OF A MASTER IN CASE OF COLLISION

In every case of collision between two vessels, it is the duty of the master if and
so far as he can do without danger to his own vessel, crew or passengers:
Ø To render to the other vessel and its compliment such assistance as may be
practical and necessary to save them from danger caused by the collision,
and to stay by the other vessel until he has ascertained that she has no
need of further assistance.
Ø To give the master of the other vessel the name of his own vessel and of
the port to which she belongs, and the names of the ports from which she
has come and to which she is bound.
 Ø To make an official log book entry, which is to be signed additionally by the
Mate and one member of the crew.

The Master or the owner shall, within 24 hours after happening of the incident,
transmit to the central government or the nearest principal officer a report of the
accident and of the probable causes thereof stating the name of the ship, her
official number, her port of registry and the place where she is. If the master fails
without reasonable cause to comply with the above he is guilty of an offence and
liable to conviction on indictment to a fine and imprisonment.

Further, in the case of failure to exchange names, ports etc liable on conviction
on indictment to a fine and on summery conviction to a fine not exceeding the
statutory maximum, and in either case if he is a certified officer, and inquiry into
his conduct may be held, and his certificate cancelled or suspended. It is
emphasized that the master’s statutory duties in case of collision must be carried
out whatever the circumstances of the collision may be. Even if one of the
colliding ships is at anchor or moored to a pier, the provisions of the Act shall
apply.

DUTIES OF THE MASTER ON ENCOUNTERING DANGERS TO NAVIGATION :

The master of any Indian ship on meeting with dangerous ice, a dangerous
derelict, a TRS or any other danger to navigation shall send information
accordingly by all means of communication at his disposal and in accordance with
such rules as the central government may make in this behalf to ships in the
vicinity and to such authorities on shore as may be prescribed by those rules.

DUTIES OF THE MASTER ON RECEIVING DISTRESS MASSAGE :-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 persons in distress 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. He is further to make a statement in
the official log book if he considers it unreasonable or unnecessary to go to the
persons in distress.

The law of GENERAL AVERAGEis a legal principle of maritime law

according to which all parties in a sea venture proportionally share any losses
resulting from a voluntary sacrifice of part of the ship or cargo to save the whole
adventure (voyage, the ship and the cargo) in an emergency.
.
General average requires three elements:
1. "A common danger: a danger in which vessel, cargo and crew all
participate; a danger imminent and apparently 'inevitable,' except by voluntarily
incurring the loss of a portion of the whole to save the remainder."
2. "There must be a voluntary jettison, or casting away, of some portion of
the joint concern for the purpose of avoiding this imminent peril or, in other
words, a transfer of the peril from the whole to a particular portion of the whole."
3. "This attempt to avoid the imminent common peril must be successful".
So, we can say that there is a General Average Act, WHEN and ONLY when, any
EXTRAORDINARY SACRIFICE or EXPENDITURE is INTENTIONALLY and
REASONABLY made for THE COMMON SAFETY for the purpose of PRESERVING
FROM PERIL the property involved in a COMMON MARITIME ADVENTURE.

Examples of General Average in the present day shipping world can be:
Ø The extraordinary sacrifice could be to cut a hole in the side of the ship and
then fighting a fire through that hole. Any cargo which may be damaged as
a direct result of this fire fighting will be considered an extraordinary
sacrifice, but that which is burnt from the fire will not be considered a
sacrifice but will be a particular average claim against insurers.
Ø There can also be the cost of running the engines at high speed to remove
her from being aground. The extra fuel which is used plus the extensive
damage which this can cause the engines for running at these high speeds
will all be considered as a sacrifice in terms of a general average as if it
were not for the engines running at the high speed using the excessive fuel
plus the resulting damage to the engines, the voyage would not have been
saved.

Y.A. 1994 Y. A. 1974

Rule paramount In no case shall there be any
allowance for sacrifice or expenditure unless No rule Paramount
1.
reasonably made or incurred. (Reasonable)

Order of application: Rule paramount,

Order of application:
numbered rules, lettered rules
2. Numbered rules then lettered
(Interpretation rule)
rules (Interpretation rule)
There is a common maritime adventure when
one or more vessels are towing or pushing
No mention of towing,
another vessel or vessels, provided that they
3. pushing vessels or salvage
are all involved in commercial activities and
operations
not in a salvage operation. (Rule B)
 Pollution liability is of the ship-owner and not
GA: In no case shall there be any allowance in
general average for losses, damages or
expenses incurred in respect of damage to the
Pollution Liability is not
4. environment or in consequence of the escape
mentioned in these rules.
or release of pollutant substances from the
property involved in the common maritime
adventure. (Rule C)

All parties claiming in general average shall

give notice in writing to the average adjuster
of the loss or expense in respect of which they
claim contribution within 12 months of the
5. No such requirement
date of the termination of the common
maritime adventure otherwise an Adjuster
does adjustment on basis of facts available to
him. (Rule E)
After G.A. if cargo is forwarded to the
destination from P.O.R: the rights and
liabilities in general average shall remain as
6. nearly as possible the same as they would No such provision
have been in the absence of such forwarding.
(Rule G)

When a ship is intentionally

run on shore for the common
When a ship is intentionally run on shore for
safety, whether or not she
the common safety, whether or not she might
might have been driven on
have been driven on shore, the consequent
7. shore, the consequent loss or
loss or damage to the property involved in the
damage shall be allowed in
common maritime adventure shall be allowed
general average. (Could have
in general average. (Rule V)
included damage to the third
party)

Salvage Award as fixed per criteria in article

13 of ISC 89 (including the criteria the skill
Was silent as there was no
and efforts of the salvers in preventing or
8. such provision in Earlier
minimising damage to the environment, to be
salvage convention 1910.
allowed as G.A.

Special compensation payable to a salver by

the ship-owner under Article 14 ISC 89 or
Was silent as there was no
under any other provision similar in substance
9. such provision in Earlier
shall not be allowed in general average. (Rule
salvage convention 1910.
VI)
 Ship's materials and stores,
Cargo, ship's materials and stores, or any of or any of them, necessarily
them, necessarily used for fuel for the burnt for fuel for the
10.
common safety at a time of peril shall be common safety at a time of
admitted as general average. (Rule VIII) peril, shall be admitted as
general average.
The cost of measures undertaken to prevent
or minimise damage to the environment shall
be allowed in general average when incurred
in any or all of the following circumstances:
as a condition of entry into or departure from
any port or place in consequence of accident,
sacrifice or other extraordinary circumstances
which render that necessary for the common
safety; as a condition of remaining at any port
or place in the circumstances prescribed in Was silent as there was no
11. Rule X(a), provided that when there is an such provision in Earlier
actual escape or release of pollutant salvage convention 1910.
substances the cost of any additional
measures required on that account to prevent
or minimise pollution or environmental
damage shall not be allowed as general
average;
necessarily in connection with the discharging,
storing or reloading of cargo whenever the
cost of those operations is admissible as
general average.
No deduction in contributory value of ship for
12. No such deduction
special compensation.

If voyage is abandoned: Net value

of cargo at destination if forwarded
to destination to be taken as
13. contributory value. Whereas for ship Silent
the value on completion of
discharge will be contributory value.

Interest shall be allowed on

Interest shall be allowed on
expenditure, sacrifices and
expenditure, sacrifices and allowances
allowances in general average at
charged to general average at the rate
the rate of 7 per cent. per annum,
of seven per cent per annum, until the
until three months after the date of
14. date of the general average
issue of the general average
statement, due allowance being made
adjustment, due allowance being
for any interim reimbursement from
made for any payment on account
the contributory interests or from the
by the contributory interests or from
general average deposit fund
the general average deposit fund.
BOLLARD PULL TESTING PROCEDURE
1. A proposed test programme should be submitted prior to the testing.
2. During testing of continuous bollard pull (BP) the main engine(s) should be run
at the manufacturer's recommended maximum torque according to maximum
continuous rating.
3. Verification of the actual output should be requested during the test.
4. During testing of overload pull, the main engine(s) should be run at the
manufacturer's recommended maximum rating that can be maintained for
minimum 30 minutes. The overload test may be omitted.
5. The propeller(s) fitted when performing the test should be the propeller(s)
used when the vessel is in normal operation.
6. All auxiliary equipment such as pumps, generators and other equipment which
are driven from the main engine(s) or propeller shaft(s) in normal operation of
the vessel should be connected during the test.
7. The length of the towline should not be less than 300 metres, measured
between the stern of the vessel and the test bollard. A minimum length of twice
the vessel length might be accepted.
8. The water depth at the test location should not be less than 20 metres within a
radius of 100 metres of the vessel. If the water depth of 20 metres cannot be
obtained at the test location, then a minimum water depth which is equal to twice
the maximum draft of the vessel may be accepted. It should be noted that
reduced water depth may adversely affect the test results.
9. The test should be carried out with the vessel's displacement corresponding to
full ballast and half fuel capacity.
10. The vessel should be trimmed at even keel or at a trim by stern not exceeding
2% of the vessel's length.
11. The vessel should be able to maintain a fixed course for not less than 10
minutes while pulling as specified in items 2 or 3 above. Certified continuous
bollard pull is the average reading of the 10 minutes period.
12. The test should be performed with a wind speed not exceeding 5 m/sec.
13. The current at the test location should not exceed 0.5 m/sec. in any direction.
14. The load cell used for the test should be approved by a competent body and
be accurate within +/- 2% within the range of loads to be measured and for the
environmental conditions experienced during the test.
15. An instrument giving a continuous read-out and also a recording instrument
recording the bollard pull graphically as a function of time should both be
connected to the load cell. The instruments should if possible be placed and
monitored ashore.
16. The load cell should be fitted between the eye of the towline and the bollard.
17. The figure certified as the vessel's continuous bollard pull shall be the towing
force recorded as being maintained without any tendency to decline for duration
of not less than 10 minutes.
18. Certification of bollard pull figures recorded when running the engine(s) at
overload, reduced RPM or with a reduced number of main engines or propellers
operating can be given and noted on the certificate.
19. A communication system shall be established between the vessel and the
person(s) monitoring the load cell and the recording instrument ashore, by means
of VHF or telephone connection, for the duration of the test.

CONTINUOUS BOLLARD PULL – is a test which shall be carried out at

manufacturer’s recommendation at maximum continuous rating of the main
engine ( 100 % MCR ) for a period of about 10 minutes with a vessel at a steady
heading.

STATIC OR MAXIMUM BOLLARD PULL – It is the maximum bollard pull which

is achieved shortly after the commencement of test when propeller is working in
still water and full power is achievable. Once the water is streaming through the
propeller the performance decreases.

4B) The master of a ship must amongst other thing ensure the safety of the ship,
of all on board and of all who are threatened in any way by the proximity or
operations of other ships. In the execution of his duties, he is entitled to the full
co-operation and assistance from his officers and other members of his crew. All
on board must go about their tasks in accordance with those ordinary practices of
seamen that have been tried and tested over a long period of time i.e. the well
understood standards of seamanship that safeguard against accident or error. It
is the master’s responsibility to ensure that the crew support the pilot in his
duties and the master may delegate the authority for this to the officer of the
watch or other appropriate officers.
It is the responsibility of the master, officers and other members of the
crew to pass on all relevant information, including defects and peculiarities, to the
pilot and to keep a proper lookout. The duty has been interpreted by the courts to
include the duty to report all material circumstances and facts which might
influence the pilot’s actions, even if the pilot is in a position where he ought to be
able to see things clearly for himself.
Where, in the master’s opinion, the situation developing is obviously
dangerous, it is his duty to draw the pilot’s attention to the risk and, if necessary
in his judgment, take over the conduct of the vessel. The master is not justified in
doing nothing. The duty in of the pilot is to direct the navigation of the ship, and
to conduct it so far as the course of the ship is concerned. He has no other power
on board. The common law relationship between master and pilot is such that,
when the latter is legally responsible for his own actions and the is restricted to
circumstances where there is clear evidence of the pilot’s incurring his own
liability, is restricted to circumstances where incurring his own liability, is
restricted to circumstances where there is clear evidence of the pilot’s inability or
incompetence.

“TO CONDUCT A SHIP” MUST NOT BE CONFUSED WITH BEING IN

COMMAND OF A SHIP’.
The first expression refers to action, to a personal service being performed;
the second to power. The question whether a pilot has control of navigation is a
question of fact and not of law. The fact that a pilot has been given control of the
ship for navigational purposes does not mean that the pilot has superseded the
master. The master is, and remains, in command; he is the authority to
subordinates and to outside, delegate part of his authority to subordinates and to
outside assistants whom he employs to navigate his ship i.e. pilots. A delegation
of power is not an abandonment of authority, but one way of exercising authority.
However, laws of most foreign countries provide that a pilot whose employment is
compulsory is not regarded as having control of navigation of ship, but has his
duties restricted to advising the master of local conditions affecting safe
navigation.

Voluntary and Compulsory Pilots

The pilot must, of course, possess many of the mariner’s skills including
knowledge of the Rules of the Road, navigation, and the use of all forms of
navigation equipment. A clear distinction must be made between voluntary and
compulsory pilots.
A voluntary pilot is one engaged for the convenience of the vessel. A North
Sea pilot employed to take a ship between the Rotterdam and Bremerhaven sea
buys would be one example of a voluntary pilot. No statue requires a ship to have
a pilot aboard but the master or owner hires the pilot to aid in making the
passage expeditiously.
The owner, through the master, has great control over the voluntary pilot.
The pilot need not be hired in the first place, or the pilot’s services can be
rejected during the passage and the vessel continues to her destination. The
voluntary pilot is in a significantly different position aboard ship than the
compulsory pilot, practically speaking the master can feel much freer to advise or
relieve a voluntary pilot the voluntary pilot is in much the same position as the
ship’s mates.
A compulsory pilot, on the other hand, is one that is required by law to be
aboard while the ship is navigating certain specified areas. Penalties such as fines
or imprisonment, or both, are the hallmarks of compulsory Pilotage laws. If a ship
is allowed by hallmarks of compulsory services of a pilot provided she pays a
portion of the Pilotage fee and the Pilotage is not compulsory. The relationship
between master and compulsory pilot is in many ways unique in that it is usually
defined by custom, practice, and statute rather than contract. While the pilot is
generally neither an employee of the ship nor a member of her crew, he is
ultimately subordinate to the member of her crew, he is ultimately subordinate to
the master, although the degree of subordination is less than popularly perceived.
 The public and the industry benefit equally from this working arrangement
and from the degree of overlapping responsibility that compels both pilot and
master to be concerned about a vessel’s safety.
The compulsory pilot is not aboard in a purely advisory capacity. That pilot
is in charge of the navigation of the ship while aboard and the ship’s crew is
required to obey the compulsory pilot’s orders relating to navigation unless the
master determines it is necessary to intercede for reasons yet to be discussed. A
compulsory pilot is responsible for his own actions and receives a significant fee
because of this responsibility. In the presence of the compulsory pilot, a master’s
responsibility is not total and forever. Both master and pilot have a job to do and
bear an unusual degree of responsibility not only to the vessel, cargo, and crew,
but also the public.
An exception is found to the traditional master/ pilot relationship at the
Panama Canal. The Panama Canal Commission accepts a greater degree of
liability in exchange for greater control of ship’s navigation in that strategic
waterway. Inside the locks of the Panama Canal, Commission is liable for
payment for injuries to the vessel, cargo, crew, or passengers arising out of a
passage through unless the Commission shows that the injury was caused by a
negligent act of the vessel. Outside the locks the Commission passengers when
such injuries are proximately caused by the negligence or fault of a Canal
Commission employee… provided that in the case of a ship required to have a
Panama Canal pilot on duty on duty. Damages are only payable if at the time of
injury the navigation was under the control of the Panama Canal pilot.
Shipmasters should be aware of the manner in which the traditional master/
pilot relationship is distorted in the special circumstance.

The master retains overall responsibility for the vessel and her operation,
for having a competent watch on duty and seeing that they perform their work
efficiently, for being sure a proper lookout is maintained, and for compliance with
all regulations and statues including the Rule of the Road (COLREGS). The
master’s authority is never completely in abeyance even while a pilot (compulsory
or not) has immediate charge of the ship’s navigation. The master is also
responsible for his own professional competency, including having sufficient
knowledge and experience to be able to judge the pilot’ s performance and
recognize significant pilot error, and to have studied and the local waters and be
able to recognize known and published dangers.

The master has a duty to advise or relieve a pilot in cases of:

Ø Intoxication
Ø Gross incompetence to perform the task at hand
Ø When the vessel is standing into danger that is not obvious to the pilot
Ø When the pilot’s actions are in error due to a lack of appreciation of
particular circumstances, including the limitations of the particular ship
being handled

In carrying out these responsibility the master may either advise or relieve
the pilot, at the master’s discretion, in practice, there is a real burden upon the
master to justify relieving the pilot should some casualty result so the action of
relieving must not be arbitrary, there are several ways to do a job and, while
admittedly some are more expeditious than others, the master must not relieve
the pilot simply should only be relieved when the master feels, based upon
professional experience and training, that the vessel, crew, or cargo is being
placed in real and imminent danger because of that pilot’ s present course of
action. On the other hand, the master is negligent if action is not taken when
required. The master first objects to an action, then recommends an alternative
and only in the rare case when the pilot refuses to accept a recommendation does
the master relieve a pilot in a timely manner – while it is still possible to avoid an
accident.
The decision about when to become involved is more difficult than the
absolute problem of whether it is necessary to do so. There is a natural reluctance
to act because of the ramifications in case of a casualty, yet the question of the
timing is most critical, Relief usually occurs when it is too late- when the situation
has deteriorated so far that even the most competent ship handler could not
correct matters and the master’s efforts then only complicate an already bad
situation. There is no equipment that a ship be in extremis before the pilot is
relieved, only that the master foresees danger should a present course of action
continue.

It is imperative that the master be sufficiently skilled in ship handling to

recognize a problem early, and have sufficient confidence in those skills to take
prompt and decisive action if it is necessary to relieve a pilot. The correctness of
action taken reflects the training and experience that a master has had and it is
too late to compensate for years of neglect in this area at such a time. The
decision to relieve a pilot is not an easy one, but a master who instead stands by
as the vessel heads for certain catastrophe remains a responsibility party ad must
take action. It is a judgment that can only be made based on professional
experience and is but one example of why the title “shipmaster” bears a
connotation of unusual responsibility.

Ans:- The ministry of shipping on Monday issued guidelines allowing ships with
Indian crew to deploy armed guards in a bid to combat piracy in the Gulf of Aden.
The move comes on the back of recommendations from the inter-ministerial
group (IMG) of officers constituted to handle the hostage situation on hijacked
ships and also suggest preventive measures ,It has been found that about 35 per
cent of the ship transiting in these waters deploy armed security guards and that
the pirates generally don't attack ships with armed guards on board, an official
release said on Monday. So far, 120Somalian pirates have been apprehended by
India as on date.
As per the new guidelines, ship owners are allowed to engage private
maritime security companies (PMSC) through a proper selection procedure. In line
with these, all Indian ships visiting Indian ports are to furnish details of security
personnel on board, the firearms carried by them and the details of licence
issued, etc, to the port authority, customs, Coast Guard and the Navy. Foreign
merchant vessels visiting Indian ports with security guards are also required to
follow similar procedure, as per the guidelines.
The government may also contemplate amending the Indian Merchant
Shipping Act as it does not include provisions for dealing with incidents related to
piracy. Such issues are dealt under other legislations including Indian Penal Code
and Suppression of Unlawful Acts, etc.
An anti-piracy law for tackling piracy on merchant vessels is also in the
offing, which seeks to empower the government to prosecute and punish
hijackers even if they are caught outside the maritime boundaries of the country.
The government may also consider exrtradition to make the law more effective.
In the recent past more than 60 Indians have been held hostage aboard eight
hijacked ships in Somali waters. Since January this year Indian crew have been
held hostage on foreign ships induding Panama-Flagged M.V AsphaltVenture, MV
Iceberg and MV Suez; Italian vessel MV SavinaCaylyn; Malta-based MV SININ and
UAE- Owned MT Zirku.
In 2010 alone, more than 45 ships were hijacked by Somali pirates. This
year, about 14 ships were hijacked till March. To seek release of hostages on
ships, the Indian government has been contacting the owners and flag
administration of the hijacked vessels through Indian missions abroad asking
them to ensure safety and early release of the hostages.

ARMED GUARDS FOR MERCHANT SHIPS

Guidelines have been issued for deployment of armed security guards on
board Indian flag Merchant Ships. The Indian ship owners are, accordingly, free to
deploy armed security guards. Naval escort is provided to the ships in the Gulf of
Aden .Besides, there are naval ships of different countries patrolling in the piracy
affected area, which coordinate with each other through various multinational and
bilateral initiatives so as to combat the menace of piracy. The Indian Navy is
providing enhanced vigil in the Indian EEZ and westward up to 65 degree east
longitude.

In addition, the following steps have also been taken in this regard:-
Ø Banning of sailing, vessels to ply in waters south or west of the line joining
Salalah and Male.
Ø Active participation of India in the lnternational Maritime Organization,
Contact Group on Piracy offthe Coast of Somalia (CGPCS) ard other
International fora.
Ø Constitution of an inter-ministerial group of officers to deal with any
hostage situation arising out of hijacking at sea of merchant vessels with
Indian crew on board.
Ans 5B) Offences related to Indian Custom Act 1962 are as follows :-

(Extract from Indian Custom Act 1962 )

SECTION 132. FALSE DECLARATION, FALSE DOCUMENTS, ETC. - Whoever

makes, signs or uses, or causes to be made, signed or used, any declaration,
statement or document in the transaction of any business relating to the customs,
knowing or having reason to believe that such declaration, statement or
document is false in any material particular, shall be punishable with
imprisonment for a term which may extend to two years, or with fine, or with
both.

SECTION 133. OBSTRUCTION OF OFFICER OF CUSTOMS. - If any person

intentionally obstructs any officer of customs in the exercise of any powers
conferred under this Act, such person shall be punishable with imprisonment for a
term which may extend to two years, or with fine, or with both.

SECTION 134. REFUSAL TO BE X-RAYED. - If any person -

(a) resists or refuses to allow a radiologist to screen or to take X-ray picture of
his body in accordance with an order made by a Magistrate under section 103, or
(b) resists or refuses to allow suitable action being taken on the advice and
under the supervision of a registered medical practitioner for bringing out goods
liable to confiscation secreted inside his body, as provided in section 103, he shall
be punishable with imprisonment for a term which may extend to six months, or
with fine, or with both.

SECTION 135. EVASION OF DUTY OR PROHIBITIONS. -

"(1) Without prejudice to any action that may be taken under this Act, if any
person -
(a) is in relation to any goods in any way knowingly concerned
in misdeclaration of value or in any fraudulent evasion or attempt at
evasion of any duty chargeable thereon or of any prohibition for the time
being imposed under this Act or any other law for the time being in force
with respect to such goods; or
(b) acquires possession of or is in any way concerned in carrying,
removing, depositing, harbouring, keeping, concealing, selling or purchasing
or in any other manner dealing with any goods which he knows or has
reason to believe are liable to confiscation under Section 111 or Section
113, as the case may be; or
(c) attempts to export any goods which he knows or has reason to believe
are liable to confiscation under Section 113; or
(d) fraudulently avails of or attempts to avail of drawback or any
exemption from duty provided under this Act in connection with export of
goods, he shall be punishable, -
 (i) in the case of an offence relating to, -
(A) any goods the market price of which exceeds one crore of
rupees; or
(B) the evasion or attempted evasion of duty exceeding thirty
lakh of rupees; or
(C) such categories of prohibited goods as the Central
Government may, by notification in the Official Gazette, specify;
or
(D) fraudulently availing of or attempting to avail of drawback or
any exemption from duty referred to in clause (d), if the amount
of drawback or exemption from duty exceeds thirty lakh of
rupees, with imprisonment for a term which may extend to seven
years and with fine:
Provided that in the absence of special and adequate reasons to the
contrary to be recorded in the judgment of the court, such imprisonment shall not
be for less than one year;
(ii) in any other case, with imprisonment for a term which may
extend to three years, or with fine, or with both.

(2) If any person convicted of an offence under this section or under sub-
section (1) of section 136 is again convicted of an offence under this
section, then, he shall be punishable for the second and for every
subsequent offence with imprisonment for a term which may extend to
seven years and with fine:
Provided that in the absence of special and adequate reasons to the
contrary to be recorded in the judgment of the court such imprisonment
shall not be for less than one year.
(3) For the purposes of sub-sections (1) and (2), the following shall not be
considered as special and adequate reasons for awarding a sentence of
imprisonment for a term of less than one year, namely :-
(i) the fact that the accused has been convicted for the first time for
an offence under this Act;
(ii) the fact that in any proceeding under this Act, other than a
prosecution, the accused has been ordered to pay a penalty or the
goods which are the subject matter of such proceedings have been
ordered to be confiscated or any other action has been taken against
him for the same act which constitutes the offence;
(iii) the fact that the accused was not the principal offender and was
acting merely as a carrier of goods or otherwise was a secondary
party to the commission of the offence;
(iv) the age of the accused.

SECTION 135A. PREPARATION. - If a person makes preparation to export any

goods in contravention of the provisions of this Act, and from the circumstances
of the case it may be reasonably inferred that if not prevented by circumstances
independent of his will, he is determined to carry out his intention to commit the
offence, he shall be punishable with imprisonment for a term which may extend
to three years, or with fine, or with both.

SECTION 135B. POWER OF COURT TO PUBLISH NAME, PLACE OF

BUSINESS, ETC., OF PERSONS CONVICTED UNDER THE ACT.- (1) Where
any person is convicted under this Act for contravention of any of the provisions
thereof, it shall be competent for the court convicting the person to cause the
name and place of business or residence of such person, nature of the
contravention, the fact that the person has been so convicted and such other
particulars as the court may consider to be appropriate in the circumstances of
the case, to be published at the expense of such person in such newspapers or in
such manner as the court may direct.
(2) No publication under sub-section (1) shall be made until the period for
preferring an appeal against the orders of the court has expired without any
appeal having been preferred, or such an appeal, having been preferred, has
been disposed of.

6A) & B) Regardless of the flag a vessel flies, compliance with, for example
SOLAS, standards and other internationally recognized conventions are monitored
by the flag state since it is their primary responsibility. The flag state has the
main responsibility for ensuring that its vessels meet all established international
guidelines. The flag state conducts annual ship examinations, which include a
thorough inspection of the vessel and its safety systems. As a result of these
examinations, a vessel is certified to be in compliance with all international safety
standards. Port states, that is, those countries at whose ports a vessel calls, also
play an important role in this regulatory framework. To ensure compliance with
safety requirements, the port state conducts inspections on all vessels visiting its
ports. This cooperative effort between flag and port states provides a maritime
safety enforcement system, which has proven effective over the years.

FLAG STATE CONTROL

The flag state is responsible, under international law, to ensure that a ship
is maintained in a safe, sound and seaworthiness condition. To ensure that the
ship does so, the flag state inspects, or arranges for inspection, the ship and
issues what are called the statutory certificates. These certificates are governed
by conventions under international law such as, SOLAS, MARPOL, Load-line, and
STCW etc.
Every State shall effectively exercise its jurisdiction and control in
administrative, technical and social matters over ships flying its flag. Every State
shall take such measures for ships flying its flag as are necessary to ensure safety
at sea with regard, inter alia, to the construction, equipment and seaworthiness of
ships; the manning of ships, labour conditions and the training of crews, taking
into account the applicable international instruments; the use of signals, the
maintenance of communications and the prevention of collisions.
Furthermore, each ship, before registration and thereafter at appropriate
intervals, is surveyed by a qualified surveyor of ships, and has on board such
charts, nautical publications and navigational equipment and instruments as are
appropriate for the safe navigation of the ship; that each ship is in the charge of a
master and officers who possess appropriate qualifications, in particular in
seamanship, navigation, communications and marine engineering, and that the
crew is appropriate in qualification and numbers for the type, size, machinery and
equipment of the ship.
A State which has clear grounds to believe that proper jurisdiction and
control with respect to a ship have not been exercised may report the facts to the
flag State. Upon receiving such a report, the flag State shall investigate the
matter and, if appropriate, take any action necessary to remedy the situation.
Each State shall cause an inquiry to be held by or before a suitably qualified
person or persons into every marine casualty or incident of navigation on the high
seas involving a ship flying its flag and causing loss of life or serious injury to
nationals of another State or serious damage to ships or installations of another
State or to the marine environment.
The flag State and the other State shall co-operate in the conduct of any
inquiry held by that other State into any such marine casualty or incident of
navigation.

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 international regulations and that the ship is manned and
operated in compliance with these rules. This ensures that as many ships as
possible are inspected but at the same time prevents ships being delayed by
unnecessary inspections. The primary responsibility for ships' standards rests with
the flag State - but port State control provides a "safety net" to catch substandard
ships. A point to also be noted is the fact that the vested interest of the
government of a PSC inspection is to ensure that its territory is not harmed by a
visiting vessel in terms of safe operations and preventing pollution to its
environment. Port State Control (PSC) is a ship inspection program whereby
foreign vessels entering a sovereign state’s waters are boarded and inspected to
ensure compliance with various major international maritime conventions.

LIFESAVING APPLIANCES
Properly functioning lifesaving appliances are key elements of ship safety.
Routine crew examinations and proper maintenance can identify or remedy
potential problems, such as structural defects in lifeboats, inoperative lifeboat
engines or flemming gear, missing or inoperative lights on lifebuoys and
lifejackets, excessively worn lifting hooks in lifeboats, missing retro-reflective tape
from equipment, badly corroded engine mounts in lifeboats, missing safety
equipment from lifeboats, unsatisfactory “float-free” arrangement on life rafts and
inoperative lifeboat launching systems.

FIRE FIGHTING EQUIPMENT

It is of utmost importance that the fire fighting equipment be properly
examined, maintained and ready for immediate use at all times. Unfortunately,
there are many fire fighting findings (related to the detection, extinction or risk of
fire) observed during surveys and audits including: missing or holed fire hoses;
missing fire hose nozzles: defective breathing apparatus; excessive oil
accumulation in machinery spaces bilges broke!! Fire detectors; missing, poorly
maintained or uncharged fire extinguishers; holed or soft patched fire mains;
missing or broken fire station cabinet handles and hinges, wrenches and hydrant
hand wheels; unmarked, broken or inoperative fire dampers; unprepared fire and
emergency crews; valves and fittings related to IGS in disrepair; C02 cylinder
room being used for storage; paints stored in machinery spaces instead of in a
dedicated paint locker; heavy accumulation of grease in galley exhaust ventilation
trunk; seized machinery space skylights; frozen or holed funnel dampers; engine
room ventilators.

NAVIGATION EQUIPMENT
During surveys and audits, the types of findings include out-of-date,
uncorrected or missing charts for the intended voyages; inaccurately calibrated
magnetic compasses; faulty radio direction finders, echo depth sounders, radar's,
gyro repeaters, and navigation lights; outdated Tide Tables, List of Lights and
Sailing Directions, etc.; and copies of regulations (e.g., SOLAS, MARPOL, ITU
etc.) not on board.

CARGO SHIP SAFETY CONSTRUCTION SURVEYS

The following findings deal mainly with steering gear and mooring
arrangement requirements. Other findings, which relate to structural items, are
discussed under class surveys, hull (below)
– steering control malfunctioning; officers not knowledgeable about emergency
steering procedures; communications in emergency steering room not working;
anchor chains, windlasses, wire ropes and mooring lines in a deteriorated physical
condition and potentially dangerous; defective guards on winches and windlasses;
and missing anchors and chain.

MARPOL SURVEYS
Careful attention should be paid to pollution prevention measures on board,
as well as maintaining accurate records for the handling of oil and other
pollutants. Penalties can be severe for an owner and any irresponsible
crewmember if a vessel fails to comply with the regulations. Findings noted during
surveys and audits include – missing oil record keeping book or entries not up to
date; poorly maintained, mis-operating or inoperative equipment for separating
oil from water including oil-content monitoring devices; sludge tank connected
directly overboard; and missing or un-posted pollution placard.
7) FOR ANSWER REFER JAN 2016 PAPERS SOLUTION