Professional Documents
Culture Documents
Maritime Legislation Detailed Notes
Maritime Legislation Detailed Notes
MARITIME LEGISLATION
(Prepared by Rohan D’souza)
UNCLOS
Introduction:
The United Nations Convention on the Law of the Sea (UNCLOS), also called
the Law of the Sea Convention or the Law of the Sea treaty, is the
international agreement that resulted from the third United Nations
Conference on the Law of the Sea (UNCLOS III).
The Law of the Sea Convention defines the rights and responsibilities of
nations with respect to their use of the world's oceans, establishing
guidelines for businesses, the environment, and the management of
marine natural resources. The Convention started in 1973 and concluded in
1982, replacing four older treaties.
UNCLOS came into force in 1994; a year after Guyana became the 60th
nation to ratify the treaty.
A. UNCLOS I – The first Conference of the UN on the Law of the Sea, held
at Geneva, Switzerland, in 1956, resulted in four treaties, which
concluded in 1958.
C. UNCLOS III – In 1973, the Third UN Conference on the Law of the Sea was
held in New York. With more than 160 nations participating, the
conference lasted until 1982. The resulting convention came into force in
1994, one year after the 60th state, Guyana, ratified the treaty. The
convention introduced a number of provisions. The most significant
issues covered were setting limits, navigation, archipelagic status and
transit regimes, exclusive economic zones (EEZs), continental shelf
jurisdiction, deep seabed mining, the exploitation regime, protection of
the marine environment, scientific research, and settlement of disputes.
Page 1 of 233
MARITIME LAW UNCLOS
UNCLOS has divided the various areas of the world’s seas into Zones of
jurisdiction. These are:
A. Internal Waters
B. Territorial Waters
C. Archipelagic Waters
D. Contiguous Zones
E. Fisheries Limit
F. Continental Shelf
G. Exclusive Economic Zone (EEZ)
H. High Seas
Page 2 of 233
MARITIME LAW UNCLOS
Page 3 of 233
MARITIME LAW UNCLOS
CONTINENTAL SHELF
The Continental Shelf of a coastal State comprises the seabed and subsoil
of the submarine areas that extend beyond its territorial sea throughout the
natural prolongation of its land territory to the outer edge of the
continental margin, or to a distance of 200 NM from the baselines from
which the breadth of the territorial sea is measured, where the outer edge
of the continental margin does not extend up to that distance.
The Continental margin comprises the submerged prolongation of the land
mass of the coastal State and consists of the seabed and subsoil of the
shelf, the slope and the rise. It does not include the deep water floor with its
oceanic ridges or the subsoil thereof.
Continental Shelf may extend well beyond 200 NM from the base line upto a
maximum of 350 NM as it depends on the topography and depth of the
ocean bed in that area.
It does not form a territory of the coastal State. It is a resource zone where
the coastal State may use it for natural resources like mineral oil.
The Coastal State can build and maintain / operate artificial islands or oil rigs
for exploration of this zone. It will exercise exclusive jurisdiction over
customs, financial, health, safety and immigration laws over these artificial
islands.
Safety zones of not more than 500m around the installations will be marked
for safety of navigation around these installations.
ARCHIPELAGIC WATERS
These are waters which have been given special status by UNCLOS due to
their natural resources, but this status is only applicable for ‘mid-ocean’
states, having one or more archipelago. E.g. Figi, Lakshwadeep, etc.
‘Archipelagic State’ means a State constituted wholly by one or more
archipelagos and may include other islands. ‘Archipelago’ means a group of
islands, including parts of islands, interconnecting waters and other natural
features which are so closely interrelated they form an intrinsic
geographical, economic and political entity.
They are considered same as the territorial sea of a nation with respect to
power of the Coastal State. But the coastal State has additional duties
regarding access to fishing grounds and other legal activities, like laying,
maintenance of submarine cables.
Page 4 of 233
MARITIME LAW UNCLOS
To include the natural flora and fauna in these waters, the baseline may be
extended thus including the internal waters of the archipelago state.
Foreign flag vessels have right to innocent passage through archipelagic
waters.
FISHERIES ZONES
The traditional fisheries zone called the ‘Inland fishery zone’ can extend
upto 12 NM from the baseline. However, as per UNCLOS, this can extend
upto 200 NM in which a coastal State may exercise exclusive fishing rights
(EFZ – Extended Fishing Zone) Vessels entering the Extended Fishing zone
must observe local fishing regulations in force.
Page 5 of 233
MARITIME LAW UNCLOS
(NOTE: In the territorial sea, submarines and other underwater vehicles are
required to navigate on the surface and to show their flag.)
Page 6 of 233
MARITIME LAW UNCLOS
Page 7 of 233
MARITIME LAW UNCLOS
(NOTE: During transit passage, foreign ships, including marine scientific research
and hydrographic survey ships, may not carry out any research or survey activities
without the prior authorization of the States bordering straits.)
Page 8 of 233
MARITIME LAW UNCLOS
Freedom of the high seas can be exercised under the conditions laid down
by the Convention and by other rules of international law. The freedom of
the high seas comprises of –
1. Freedom of navigation
2. Freedom of over-flight
3. Freedom to lay submarine cables and pipelines
4. Freedom of fishing
5. Freedom of scientific research
6. Freedom to construct artificial islands and other installations
The above listed are subject to conditions of the relevant parts of the
Convention and other international law.
Page 9 of 233
MARITIME LAW UNCLOS
sea / contiguous zone or EEZ or above the continental shelf. The pursuit may
only be commenced after a visual or auditory signal to stop has been given
at a distance which enables it to be seen or heard by the foreign ship.
The right of hot pursuit may be exercised only by warships or military
aircraft, or other ships authorized for such a purpose.
Where a ship has been stopped or arrested outside the territorial sea in
circumstances which do not justify the exercise of the right of hot pursuit, it
shall be compensated for any loss or damage that may have been thereby
sustained.
Page 10 of 233
MARITIME LAW UNCLOS
The coastal State shall not hamper the innocent passage of foreign ships
through the territorial sea. They shall not impose requirements that have a
practical effect of denying the right of innocent passage. They shall not
discriminate among ships in any way.
The coastal State shall give appropriate publicity to any danger to
navigation, of which it has knowledge, within its territorial sea.
Page 11 of 233
MARITIME LAW UNCLOS
All States shall cooperate to the fullest possible extent in the repression of
piracy on the high seas or in any other place outside the jurisdiction of any
State.
Piracy consists of any of the following acts:
1. Damage committed for private ends by the crew or the passengers of a
private ship or a private aircraft on the high seas, against another ship or
aircraft, or against persons or property on board such ship or aircraft.
2. Any act of voluntary participation in the operation of a ship or of an
aircraft with knowledge of facts making it a pirate ship or aircraft;
3. Any act of provoking or of intentionally facilitating any of the acts
described above.
A ship or aircraft is considered a pirate ship or aircraft if it is intended by the
persons in dominant control to be used for the purpose of committing one
of the above acts of piracy.
On the high seas, or in any other place outside the jurisdiction of any State,
every State may seize a pirate ship or aircraft, or a ship or aircraft taken by
piracy and under the control of pirates, and arrest the persons and seize the
property on board.
If the seizure of a ship or aircraft on suspicion of piracy has been effected
without adequate grounds, the State making the seizure shall be liable for
any loss or damage caused by the seizure.
Page 12 of 233
MARITIME LAW UNCLOS
----------------XXXXXXXXXXXX----------------
Page 13 of 233
MARITIME LAW TONNAGE CONVENTION
Page 14 of 233
MARITIME LAW TONNAGE CONVENTION
The determination of gross and net tonnages shall be carried out by the
Administration which may, however, entrust this task either to persons or
organizations recognized by it. In every case, the Administration concerned
shall accept full responsibility for the determination of gross and net
tonnages.
Under this Convention, an International Tonnage Certificate (1969) shall be
issued to every ship, the gross and net tonnages of which have been
determined in accordance with the present Convention. Such certificate
shall be issued by the Administration or by any person or organization duly
authorized by it. In every case, the Administration shall assume full
responsibility for the certificate.
The Certificate does not have an expiry date. However, under following
circumstances, it shall be cancelled or shall cease to be valid:
1. If alterations have taken place in the arrangement, construction, capacity,
use of spaces, total number of passengers the ship is permitted to carry,
assigned load line or permitted draught of the ship.
2. Transfer of Flag (grace period of maximum three months after transfer)
4. Enclosed spaces –
Enclosed spaces are all those spaces which are bounded by the ship's
hull, by fixed or portable partitions or bulkheads, by decks or coverings
other than permanent or movable awnings (canopy).
No break in a deck, nor any opening in the ship's hull, in a deck or in a
covering of a space, or in the partitions or bulkheads of a space, nor the
absence of a partition or bulkhead, shall prevent a space from being
included in the enclosed space.
Page 15 of 233
MARITIME LAW TONNAGE CONVENTION
5. Excluded Spaces –
Apart the enclosed spaces, the spaces referred to in subparagraphs (a)
to (e) below shall be called excluded spaces and shall not be included in
the volume of enclosed spaces. However, if any space fulfils at least one
of the following three conditions, then that space shall be treated as an
enclosed space:
1. the space is fitted with shelves or other means for securing cargo or
stores
2. the openings are fitted with any means of closure
3. the construction provides any possibility of such openings being
closed
Page 16 of 233
MARITIME LAW TONNAGE CONVENTION
Whenever there are alterations which affect the measured GT or NT, the
new GT and NT must be determined in accordance with the Regulations
and applied without delay. A new Tonnage certificate will also be issued.
All volumes included in the calculation of gross and net tonnages shall be
measured, irrespective of the fittings and construction material or
method.
Volumes of appendages shall be included in the total volume.
Volumes of spaces open to the sea may be ‘excluded’ from the total
volume.
All measurement used in the calculation of volumes shall be taken to the
nearest centimetre or inch.
The volumes shall be calculated by generally accepted methods for the
space concerned and with accuracy acceptable to the Administration.
The calculation shall be sufficiently detailed to permit easy checking.
-------------XXXXXXXXX-------------
Page 17 of 233
MARITIME LAW LOADLINE CONVENTION
LOADLINE CONVENTION
International Convention on Load Lines
Page 18 of 233
MARITIME LAW LOADLINE CONVENTION
5. Ensuring rapid drainage of water on deck during shipping seas. This is done
by adequate arrangements of freeing ports in bulwarks, scuppers, etc.
6. Ensuring safety of crew while on deck by increased freeboard to reduce
boarding seas, guard rails, catwalks, etc.
7. Ensuring that modifications to vessels do not compromise seaworthiness.
Any modification must be approved by the load line assigning authority.
CONTENTS:
The Convention comprises of 34 articles and 3 annexes.
1. Annex I is divided into four Chapters:
Chapter I - General;
Chapter II - Conditions of assignment of freeboard;
Chapter III - Freeboards;
Chapter IV - Special requirements for ships assigned timber freeboards.
2. Annex II covers Zones, areas and seasonal periods.
3. Annex III contains certificates, including the International Load Line
Certificate.
APPLICATION:
The present convention applies to all ships engaged on international
voyages, except war ships, new ships of less than 24m in length, existing
ships of less than 150 GT, fishing vessels, pleasure crafts, etc.
REQUIREMENTS:
All the ships, to which the Convention applies, need to be surveyed and
assigned an International Load Line Certificate without which it cannot
trade. Certain ships, based on their design or trade pattern, do not require
such a certificate. These types of ships are described under Article 6 of the
Convention and are given a ‘Load Line Exemption Certificate’.
Under this Convention, each ship is issued a “Condition of Assignment” by
the certificate issuing authority, which gives the details of the structure and
equipment to be surveyed and maintained.
Page 19 of 233
MARITIME LAW LOADLINE CONVENTION
AMENDMENTS
After the Convention came into force, various amendments were adopted
in the following years, but they required positive acceptance by two-thirds
of Parties and never came into force.
However, the 1988 Protocol, entered into force in 2000. It made provisions
for harmonizing the Convention's survey and certification requirement with
those contained in the SOLAS and MARPOL conventions. It also revised
certain regulations in the technical Annexes and introduced the ‘tacit
acceptance procedure’, so that amendments adopted will enter into force
six months after the ‘deemed date of acceptance’ unless they are rejected
by one-third of Parties. Usually, the deemed acceptance date is two years
from the date of adoption.
The 2003 Amendments which entered into force in 2005, made
comprehensive changes to technical regulations of the original convention.
Page 20 of 233
MARITIME LAW LOADLINE CONVENTION
Page 21 of 233
MARITIME LAW LOADLINE CONVENTION
Deck Line - The deck line is a horizontal line 300 mm in length and 25 mm in
breadth. It shall be marked amidships on each side of the ship, and its upper edge
shall be in line with the freeboard deck.
Load Line Mark - The load line mark shall consist of a ring 300 mm in outside
diameter and 25 mm wide which is intersected by a horizontal line 450 mm in
length and 25 mm in breadth, the upper edge of which passes through the centre
of the ring. The centre of the ring shall be placed amidships and at a distance
equal to the assigned summer freeboard measured vertically below the upper
edge of the deck line.
Page 22 of 233
MARITIME LAW LOADLINE CONVENTION
Lines to be used with the Load Line Mark - The lines which indicate the load line
assigned in accordance with the Load Line regulations shall be horizontal lines 230
mm in length and 25 mm in breadth which extend forward of, unless expressly
provided otherwise, and at right angles to, a vertical line 25 mm in breadth marked
at a distance 540 mm forward of the centre of the ring. The following load lines
shall be used:
a) The Summer Load Line indicated by the upper edge of the line which passes
through the centre of the ring and also by a line marked S.
b) The Winter Load Line indicated by the upper edge of a line marked W.
c) The Winter North Atlantic Load Line indicated by the upper edge of a line
marked WNA.
d) The Tropical Load Line indicated by the upper edge of a line marked T.
e) The Fresh Water Load
Line in summer indicated
by the upper edge of a
line marked F and
marked abaft the vertical
line.
f) The Tropical Fresh
Water Load Line
indicated by the upper
edge of a line marked TF
and marked abaft the
vertical line.
Timber Load Lines - If timber freeboards are assigned, the timber load lines shall
be marked in addition to ordinary load lines. These lines shall be horizontal lines
230 mm in length and 25 mm in breadth which extend abaft, unless expressly
provided otherwise, and at right angles to, a vertical line 25 mm in breadth marked
at a distance 540 mm abaft the centre of the ring. Timber load lines are Summer
Timber Load Line (LS), Winter Timber Load Line (LW), Winter North Atlantic
Timber Load Line (LWNA), Tropical Timber Load Line (LT), Fresh Water Timber
Load Line in summer (LF – marked forward of the vertical line) and Tropical Fresh
Water Timber Load Line (LTF - marked forward of the vertical line)
Page 23 of 233
MARITIME LAW LOADLINE CONVENTION
The Mark of the Authority - The mark of the Authority by whom the load lines are
assigned may be indicated alongside the load line ring above the horizontal line
which passes through the centre of the ring, or above and below it. This mark shall
consist of not more than four initials to identify the Authority’s name, each
measuring approximately 115 mm in height and 75 mm in width.
Marking - The ring, lines and letters shall be painted in white or yellow on a dark
ground or in black on a light ground. They shall also be permanently marked on
both sides of the ship to the satisfaction of the Administration. The International
Load Line Certificate shall not be delivered to the ship until the surveyor has
certified that the marks are correctly & permanently indicated on the ship’s sides.
The following items will be checked during the Annual Load Line survey:
1. A visual examination of the Load Line certificate and all other certificates to
ensure validity and all endorsements are carried out.
2. A general inspection to ensure that no unauthorized modifications are
carried out which affect the ‘Condition of Assignment’ of load lines for the
vessel.
3. Inspection of the strength in general by internal inspection of one or two
compartments and gauging the strength of the girders, frames, knees,
brackets, etc. Also, strength of the superstructure bulkheads and machinery
spaces will be checked.
Page 24 of 233
MARITIME LAW LOADLINE CONVENTION
4. Confirming that loading and ballasting operations are carried out without
excessive stresses and vessel makes good use of the stability information
booklet and loading computer.
5. The position and marking of the load lines on the P & S sides of the ship to
be checked as per the load line certificate. Also, draft marks will be checked.
6. Hatch covers must be weathertight. All fittings such as rubber packing and
closing appliances must be in good condition. Testing may be carried out for
few holds.
7. Ventilators will be tested to see if they can be closed effectively. The rubber
packings and open-shut markings will also be checked.
8. Watertight doors and their operation, packing, markings, alarms, controls,
etc. will be checked.
9. Weathertight doors packing, closing mechanism such as dog bolts,
markings, etc. will be inspected.
10. Air pipe flaps will be inspected to check if they are capable of being shut.
Valves must be operational and packing must be in good condition. Air pipes
with floating discs or ball mechanism will be checked.
11. Machinery space openings must be capable of being shut as per local or
remote operation where fitted.
12. Portholes are to be weathertight and those below the main deck must be
watertight and fitted with deadlights.
13. All inlet and outlet valves must be watertight and show no leakage. The
forepeak tank valve which is of the screw-down type must be capable of
being closed watertight.
14. All manholes and their rubber packing will be checked for condition and
weathertightness.
15. Freeing ports and scuppers must not be blocked or obstructed.
16. Life-life on deck for rough weather, catwalk, guard rails, bulwarks, etc. must
be in good condition and adequate for its purpose.
17. Forepeak educator system for chain locker must be operational, including
its alarm system. Spurling pipe opening must be capable of being closed
weathertight.
Page 25 of 233
MARITIME LAW LOADLINE CONVENTION
Name of the ship, Call Sign, Port of Registry, IMO number, etc
Type of Ship (A or B60 or B100)
Freeboard assigned as (New ship)
Length of the ship (as defined in the Convention)
Freeboards from Deck Line for all the Load Line Marks in ‘mm’
Fresh Water Allowance in ‘mm’
Valid until date, subject to Annual surveys.
Completion date of the survey, date and place of issue of the Certificate
Sign and seal of the Authorized Person.
Space for Annual endorsements and other remarks.
Page 26 of 233
MARITIME LAW LOADLINE CONVENTION
Hull construction should meet the highest standard laid down by the
classification society. This ensures protection against flooding of the ship.
The superstructure and the bulkheads must be strengthened sufficiently.
Some of the condition of assignment which contribute towards water tight
integrity and compliance with other objectives of the convention are:-
1) Hatchways
2) Machinery space openings
3) Watertight doors
4) Weather tight doors (Openings in free board and super structure deck)
5) Ventilators, Cargo ports, Air pipes
6) Scuppers
7) Side scuttles, Port holes and deadlights
8) Inlets and discharges and non-return valves
9) Guard Rails, Cat-walk, bulwarks and freeing ports
10) Load line Marks and draft marks
----------------XXXXXXXXXXX------------------
Page 27 of 233
MARITIME LAW FAL CONVENTION
FAL CONVENTION
Convention on Facilitation of International Maritime Traffic (FAL)
This Convention was adopted in 1965 and entered into force in 1967.
Most regulations are essential - but sometimes they prove to be not only
unnecessary but also a significant burden on the activities they are
supposed to control.
With the growth in shipping, the paperwork involved also grew, leading to a
lot of inconvenience. The actual number of separate documents required
varied from port to port. But the information that was required was often
identical. The number of copies required of some of these documents could
often become excessive. In certain ports, the documents were required to
be translated in local language.
Due to all this, the maritime nations decided that the situation could not be
allowed to deteriorate further. This gave rise to the adoption of FAL
Convention to assist the facilitation of international maritime traffic.
Page 28 of 233
MARITIME LAW FAL CONVENTION
The Convention lists the documents which public authorities can demand of
a ship and recommends the maximum information and number of copies
which should be required.
IMO has developed Standardized Forms for seven of these documents. They
are as follows:
Page 29 of 233
MARITIME LAW FAL CONVENTION
The 2002 amendments which entered into force in 2003, added new
standards and recommended practices for dealing with “stowaways”. It
also added FAL Form 7 – IMO Dangerous Goods Manifest, which becomes
the basic document providing public authorities with the information
regarding dangerous goods on board ships.
The 2005 amendments which entered into force in 2006 are intended to
“modernize” the Convention, to enhance the facilitation of international
maritime traffic. This included the following ‘Recommended Practices’,
1. Public authorities to use pre-arrival & pre-departure information to
facilitate the processing of information, and thus expedite release and
clearance of cargo and persons;
2. All information to be submitted to a single point to avoid duplication;
3. Encouragement of electronic transmission of information;
4. Addition of references to ISPS Code which mention security measures
5. Amendments to the IMO Standardized FAL Forms (1 to 7).
The latest 2016 amendments which entered into force on 1st January 2018,
introduce new definitions for Cargo Transport Unit (CTU), freight container,
ISPS Code, Master, ship agent, shipper and single window. Electronic
exchange of information will be mandatory from 9 April 2019 with a
transition period of atleast 12 months. All IMO FAL forms, except IMO FAL
Form 3, have been revised.
Page 30 of 233
MARITIME LAW FAL CONVENTION
The Convention has been amended a few times and is presently limiting the
number of required declarations in a port to nine. They are
Three additional declarations entered into force from 1 January 2018 which
will bring the number of documents to twelve. These are
CERTIFICATES
All ships are required to carry certificates that establish their seaworthiness, type
of ship, competency of seafarers and so on. These certificates are provided by the
flag State of the ship (or Classification Society on their behalf), Classification
Society, etc. and may be inspected by Port State Control officers.
Certificates to be carried on board ships are: (some are for specific ship type)
Certificate of Registry
Passenger Ship Safety Certificate
Cargo Ship Safety Certificate (Safety equipment / Construction / Radio)
International Tonnage Certificate
International Load Line Certificate (Load line Exemption Certificate)
Page 31 of 233
MARITIME LAW FAL CONVENTION
Page 32 of 233
MARITIME LAW FAL CONVENTION
--------------XXXXXX------------------
Page 33 of 233
MARITIME LAW STCW Convention
STCW Convention
International Convention on Standards of Training, Certification and
Watchkeeping for Seafarers
Page 34 of 233
MARITIME LAW STCW Convention
Page 35 of 233
MARITIME LAW STCW Convention
The master still has the right to require a seafarer to perform any hours of
work for the immediate safety of the ship, persons or cargo, or for giving
assistance to other ships in distress. Master may suspend the schedule of
hours of rest and require a seafarer to perform any hours of work necessary
until the normal situation has been restored. As soon as practicable, the
master shall ensure that any seafarers who have performed work in a
scheduled rest period are provided with an adequate period of rest.
The administration may allow an exception and reduce the rest period to
not less than 70 hours in any seven day period. This exemption shall not be
allowed for more than two consecutive weeks. In addition, the rest hours
during the period of exemption may be divided into not more than three
periods, one of which shall be atleast 6 hours in length and neither of the
other two shall be less than 1 hour in length.
Also, if the hours of rest is reduced to 70 hours per week over a ‘two week’
period, then the next ‘four weeks’ (double the period of exemption) atleast
have to comply with the general rule of 77 hours rest per week and only two
rest periods in any 24 hours.
BAC limit of maximum 0.05% blood alcohol level (BAC) or 0.25 mg/l alcohol is
set.
MEDICAL STANDARDS
As per STCW Convention, medical fitness for seafarers shall comply with the
minimum in-service eyesight standards set out in Code.
These standards may differentiate between those persons seeking to start a
career at sea and those seafarers already serving at sea and between
different functions on board, bearing in mind the different duties of
seafarers.
They shall also take into account any impairment or disease that will limit
the ability of the seafarer to effectively perform his/her duties during the
validity period of the medical certificate.
The standards of physical and medical fitness established by the Party shall
ensure that seafarers satisfy the following criteria:
a) Have the physical capability to fulfill all the requirements of the basic
training as required.
b) Demonstrate adequate hearing and speech to communicate effectively
and detect any audible alarms.
Page 36 of 233
MARITIME LAW STCW Convention
CONTROL
Ships while in the ports of a Party will be subject to control / inspections, by
officers duly authorized by that Party to verify that all seafarers serving on
board who are required to be certificated by the Convention are so
certificated or hold an appropriate dispensation.
Such certificates shall be accepted unless there are clear grounds for
believing that a certificate has been fraudulently obtained or the holder of a
certificate is not the person to whom that certificate was originally issued.
In the event that any deficiencies are found, the officer carrying out the
control shall inform, in writing, the master of the ship and the Consul or, in
his absence, the nearest diplomatic representative or the maritime authority
of the State whose flag the ship is entitled to fly, so that appropriate action
may be taken.
Page 37 of 233
MARITIME LAW STCW Convention
Such notification shall specify the details of the deficiencies found and the
grounds on which the Party determines that these deficiencies pose a
danger to persons, property or the environment.
In exercising the control, taking into account the size and type of the ship
and the length and nature of the voyage, if the deficiencies are not
corrected and it is determined that this fact poses a danger to persons,
property or the environment, the Party carrying out the control shall take
steps to ensure that the ship will not sail unless and until these
requirements are met to the extent that the danger has been removed.
When exercising control, all possible efforts shall be made to avoid a ship
being unduly detained or delayed. If a ship is so detained or delayed, it shall
be entitled to compensation for any loss or damage resulting therefrom.
This provision of control shall be applied as required to ensure that no more
favourable treatment is given to ships entitled to fly the flag of a non-Party.
Apart from Certification, the inspecting authority will all verify that the
numbers of the seafarers serving on board are in conformity with the
applicable safe manning requirements of the Flag State.
The inspecting authority shall also asses the ability of seafarers to maintain
watchkeeping standards as required by the Convention if there are clear
grounds for believing that such standards are not being maintained because
any of the following have occurred:
a) the ship has been involved in a collision, grounding or stranding, or
b) there has been a discharge of substances from the ship when under way,
c) at anchor or at berth which is illegal under any international convention,
d) the ship has been manoeuvred in an erratic or unsafe manner
e) the ship is otherwise being operated in such a manner as to pose a
danger to persons, property or the environment.
Page 38 of 233
MARITIME LAW STCW Convention
STCW Amendments:
The STCW Convention and Code had amendments several times in the past, out of
which the 1995 and 2010 amendments had major revisions.
Page 39 of 233
MARITIME LAW STCW Convention
Page 40 of 233
MARITIME LAW STCW Convention
----------------XXXXXXXXXXXX--------------
Page 41 of 233
MARITIME LAW MLC 2006
Page 42 of 233
MARITIME LAW MLC 2006
Page 43 of 233
MARITIME LAW MLC 2006
Page 44 of 233
MARITIME LAW MLC 2006
Page 45 of 233
MARITIME LAW MLC 2006
Normal working hours shall be based on an eight-hour day with one day of
rest per week and rest on public holidays, or as per any applicable CBA.
Maximum hours of work shall not exceed:
(i) 14 hours in any 24-hour period; and
(ii) 72 hours in any seven-day period.
Minimum hours of rest shall not be less than:
(i) ten hours in any 24-hour period; and
(ii) 77 hours in any seven-day period.
Hours of rest may be divided into no more than two periods, one of which
shall be at least six hours in length, and the interval between consecutive
periods of rest shall not exceed 14 hours.
Musters and drills shall be conducted in a manner that minimizes the
disturbance of rest periods and does not induce fatigue.
When a seafarer is on call, such as on UMS ship, the seafarer shall have an
adequate compensatory rest period if the normal period of rest is disturbed
by call-outs to work.
A table of shipboard working arrangement highlighting the maximum hours
of work or the minimum hours of rest shall be posted in an easily accessible
place.
Records of seafarers’ daily hours of work or of their daily hours of rest shall
be maintained to allow monitoring of compliance. The seafarers shall
receive a copy of their rest hour’s records, endorsed by the master, or a
person authorized by the master.
The master still has the right to require a seafarer to perform any hours of
work necessary for the immediate safety of the ship, persons on board or
cargo, or for the purpose of giving assistance to other ships or persons in
distress at sea. For this, the master may suspend the schedule of hours of
work or hours of rest and require a seafarer to perform any hours of work
necessary until the normal situation has been restored. As soon as
practicable after the normal situation has been restored, the master shall
ensure that any seafarers who have performed work in a scheduled rest
period are provided with an adequate period of rest.
Page 46 of 233
MARITIME LAW MLC 2006
Page 47 of 233
MARITIME LAW MLC 2006
Regulation 2.8 – Career and skill development and opportunities for seafarers’
employment
Purpose: To promote career and skill development and employment opportunities
for seafarers
National policies shall be made that encourage career and skill development
and employment opportunities for seafarers, in order to provide the
maritime sector with a stable and competent workforce.
The aim of the policies shall be to help seafarers strengthen their
competencies, qualifications and employment opportunities.
Provisions shall be made for the vocational guidance, education and training
of seafarers whose duties on board ship primarily relate to the safe
operation and navigation of the ship, including onboard training.
Page 48 of 233
MARITIME LAW MLC 2006
Page 49 of 233
MARITIME LAW MLC 2006
Page 50 of 233
MARITIME LAW MLC 2006
Page 51 of 233
MARITIME LAW MLC 2006
Page 52 of 233
MARITIME LAW MLC 2006
Page 53 of 233
MARITIME LAW MLC 2006
CERTIFICATION:
A maritime labour certificate, complemented by a declaration of maritime
labour compliance (DMLC), shall constitute prima facie evidence that the
ship has been duly inspected by the Member and that the requirements of
this Convention have been met.
The above requirement is applicable for all ships of 500 GT or over, engaged
in international voyages, and those flying the flag of a Member and
operating from a port, or between ports, in another country.
The maritime labour certificate shall be issued to a ship by the competent
authority, or by a RO duly authorized for this purpose, for a period which
shall not exceed five years.
Page 54 of 233
MARITIME LAW MLC 2006
Where the Member State or a RO, has ascertained through inspection that a
ship meets or continues to meet the standards of this Convention, it shall
issue or renew a maritime labour certificate to that effect and maintain a
publicly available record of that certificate.
The validity of the maritime labour certificate shall be subject to an
intermediate inspection to ensure continuing compliance with the national
requirements implementing this Convention. It shall take place between the
second and third anniversary dates of the certificate and shall be endorsed
on the certificate.
A maritime labour certificate may be issued on an interim basis:
a) to new ships on delivery;
b) when a ship changes flag or ship-owner.
An interim maritime labour certificate may be issued for a period not
exceeding six months, after the ship has been inspected and the shipowner
has demonstrated that the ship has adequate procedures to comply with
the Convention.
The declaration of maritime labour compliance shall be attached to the
maritime labour certificate. It shall have two parts:
Part I shall be drawn up by the competent authority which shall:
a) identify the list of matters to be inspected
b) identify national requirements for relevant provisions of the Convention
c) refer to ship-type specific requirements under national legislation
d) record any substantially equivalent provisions adopted
e) clearly indicate any exemption granted by the competent authority
Part II shall be drawn up by the shipowner and shall identify the measures
adopted to ensure ongoing compliance with the national requirements
between inspections and the measures proposed to ensure that there is
continuous improvement. This part shall be certified by the competent
authority.
A MLC certificate shall cease to be valid in any of the following cases:
a) If relevant inspections are not completed within the required periods.
b) If the certificate is not endorsed as required.
c) When a ship changes flag or shipowner
d) When substantial changes have been made to the structure or
equipment covered under Title 3.
Page 55 of 233
MARITIME LAW MLC 2006
All ships must have on-board procedures for the fair, effective and
expeditious handling of seafarer complaints alleging breaches of the
requirements of this Convention (including seafarers’ rights).
Each Member shall prohibit and penalize any kind of ‘victimization’ of a
seafarer for filing a complaint.
Any on-board complaint procedure shall seek to resolve complaints at the
lowest level possible. However, in all cases, seafarers shall have a right to
complain directly to the master and, where they consider it necessary, to
appropriate external authorities.
The on-board complaint procedures shall include the right of the seafarer to
be accompanied or represented during the complaints procedure, as well as
safeguards against the possibility of victimization of seafarers for filing
complaints. The term “victimization” covers any adverse action taken by
any person with respect to a seafarer for lodging a complaint.
All seafarers shall be provided with a copy of the on-board complaint
procedures applicable on the ship. This shall include contact information for
the competent authority in the flag State and other shore-based parties.
In general, complaints should be addressed to the head of the department
of the seafarer lodging the complaint. The HOD should then attempt to
resolve the matter within prescribed time limits. If the HOD cannot resolve
the complaint to the satisfaction of the seafarer, the latter may refer it to
the master, who should handle the matter personally. If a complaint cannot
be resolved on board, it should be referred ashore to the shipowner, who
must be given an appropriate time limit for resolving the matter.
In all cases seafarers should have a right to file their complaints directly with
the master and the shipowner and competent authorities.
All complaints and the decisions on them should be recorded and a copy
provided to the seafarer concerned.
Page 56 of 233
MARITIME LAW MLC 2006
Every foreign ship calling the port of a Member may be subject to MLC
inspection for the purpose of reviewing compliance with the requirements
of the Convention (including seafarers’ rights) relating to the working and
living conditions of seafarers on the ship.
Inspections in a port shall be carried out by authorized officers or Port State
control inspectors of the State. The aim of the inspection shall be
monitoring ships to help ensure that the working and living conditions for
seafarers on ships entering a port of the Member concerned meet the
requirements of this Convention.
Each Member shall accept the maritime labour certificate and the
declaration of maritime labour compliance as prima facie evidence of
compliance with the requirements of this Convention. Accordingly, the
inspection in its ports shall be limited to a review of the certificate and
declaration.
In the following cases, inspector can carry out a more detailed inspection -
a) When the required documents are not produced or maintained or are
falsely maintained or that the documents produced do not contain the
information required by this Convention or are otherwise invalid.
b) When there are clear grounds for believing that the working and living
conditions on the ship do not conform to the requirements of this
Convention.
c) When there are reasonable grounds to believe that the ship has changed
flag for the purpose of avoiding compliance with this Convention
d) When there is a complaint alleging that specific working and living
conditions on the ship do not conform to the MLC requirements.
Such inspection shall in any case be carried out where the working and living
conditions could be a clear hazard to the safety, health or security of
seafarers or where there is a serious breach of the requirements.
In the case of a complaint, the inspection shall generally be limited to
matters within the scope of the complaint, although a complaint, or its
investigation, may provide clear grounds for a detailed inspection.
Page 57 of 233
MARITIME LAW MLC 2006
LABOUR-SUPPLYING RESPONSIBILITIES
Purpose: To ensure that each Member implements its responsibilities under this
Convention as pertaining to seafarer recruitment and placement and the social
protection of its seafarers
Along with the responsibility for the working and living conditions of
seafarers, the Member also has a responsibility to ensure the
implementation of the requirements of this Convention regarding the
recruitment and placement of seafarers as well as the social security
protection of seafarers.
Each Member shall establish an effective inspection and monitoring system
for enforcing its labour-supplying responsibilities under this Convention.
Page 58 of 233
MARITIME LAW MLC 2006
Minimum age
Medical certification
Qualifications of seafarers
Seafarers’ employment agreements
Use of any licensed or certified or regulated private recruitment and
placement service
Hours of work or rest
Manning levels for the ship
Accommodation
On-board recreational facilities
Food and catering
Health and safety and accident prevention
On-board medical care
On-board complaint procedures
Payment of wages
Page 59 of 233
MARITIME LAW MLC 2006
-----------------XXXXXX-----------------
Page 60 of 233
MARITIME LAW BWM Convention
Page 61 of 233
MARITIME LAW BWM Convention
Page 62 of 233
MARITIME LAW BWM Convention
where the above criteria is not possible, exchange should be carried out as
far from the nearest land as possible, and in all cases at least 50 nautical
miles from the nearest land and in water at least 200 metres in depth. When
these requirements cannot be met, areas may be designated where ships
can conduct ballast water exchange.
All ships shall remove and dispose of sediments from ballast tanks as per
the ships' ballast water management plan.
Page 63 of 233
MARITIME LAW BWM Convention
It is valid for a period of not more than 5 years, and is subject to Annual,
Intermediate and renewal surveys.
Page 64 of 233
MARITIME LAW BWM Convention
Exchange of ballast water can be done by one or more of the following methods,
as specified in the BWM Plan of the ship.
1. Flow Through Method – In this method, each tank is overflown so as to
overflow it 3 times the volume of water in the tank. it is also called pumping
through method.
2. Sequential Method – In this method, ballast is pumped out as much as the
pump possibly can and the tank is again filled with ballast water so as to
achieve the required 95% volumetric exchange. It is also called empty and
refill method.
3. Dilution method – In this method, the replacement ballast water is filled
through the top of the ballast tank with simultaneous discharge from the
bottom, at the same flow rate and maintaining a constant level in the tank
throughout the operation.
Instead of carrying of ballast water exchange, a ship may treat the ballast water
using approved ‘Ballast water treatment system’ that meets the standards of the
Convention. The treatment system can be of one or more of the following types:
1. Mechanical Treatment – like filtration and separation.
2. Physical Treatment – like sterilization by ozone, UV light, electric currents,
heat treatment, etc.
3. Chemical Treatment – such as adding biocides to kill organisms.
Page 65 of 233
MARITIME LAW BWM Convention
SEDIMENT MANAGEMENT:
All ships shall remove and dispose of sediments from ballast spaces in
accordance with the BWM Plan.
Ship’s design and construction shall be such as to facilitate removal of
sediments and minimize undesirable sediments.
Access shall be available for the removal of the sediments.
---------XXXXX---------
Page 66 of 233
MARITIME LAW AFS CONVENTION
This Convention was adopted in 2001 and entered into force in 2008.
The Convention prohibits the use of harmful substances in anti-fouling
paints that are used on ships. It also establishes a mechanism to prevent the
potential future use of other harmful substances in anti-fouling systems.
Anti-fouling paints are used to coat the bottoms of ships to prevent sea-life
such as algae attaching themselves to the hull – thereby slowing down the
ship and increasing fuel consumption.
Modern chemical industries have developed effective anti-fouling paints
using metallic compounds, which slowly "leach" into the sea water, killing
barnacles and other marine life that have attached to the ship. But studies
have shown that these compounds remain in the water, killing sea-life,
harming the environment and possibly entering the food chain.
Under the terms of the AFS Convention, Parties to the Convention are
required to prohibit and/or restrict the use of harmful anti-fouling systems
on ships flying their flag, as well as all ships that enter a port, shipyard or
offshore terminal of a Party.
Anti-fouling systems to be prohibited or controlled are listed in an Annex to
the Convention, which is updated as and when necessary.
The Convention includes a clause which states that a ship shall be entitled to
compensation if it is unduly detained or delayed while undergoing
inspection for possible violations of the Convention.
The Convention applies to all ships (including fixed and floating platforms,
floating storage units (FSUs), and Floating Production Storage and
Offloading units (FPSOs).
The Convention provides for the establishment of a “technical group”, to
include people with relevant expertise, to review, prohibit or restrict other
substances used in anti-fouling systems.
Page 67 of 233
MARITIME LAW AFS CONVENTION
TBT has been described as the most toxic substance ever deliberately
introduced into the marine environment. Used as a fungicide, bactericide,
insecticide and wood preservative, it is known to be harmful to a range of
aquatic organism. The main problem was its persistence in the marine
environment.
As a result, IMO in 1990 adopted a resolution recommending governments
to adopt measures to eliminate anti-fouling paints containing TBT.
In 1999, IMO adopted an Assembly resolution that called on the MEPC to
develop an instrument, legally binding throughout the world, to address the
harmful effects of anti-fouling systems used on ships.
The resolution called for a global prohibition on the application of organotin
compounds which act as biocides in anti-fouling systems on ships by 1
January 2003, and a complete prohibition by 1 January 2008.
Since the ban on Anti-fouling paints of TBT-type, several types of anti-
fouling paints have come to the market. As the rules of IMO regarding anti-
fouling paints become stringent day after day, the paints have become
more environmental friendly with least effect on the marine environment.
--------------XXXXXXXXXXXXXX-----------------
Page 68 of 233
MARITIME LAW NAIROBI WRECK CONVENTION
The Nairobi Wreck Convention attempts to resolve all of these and other,
related, issues.
The Convention makes the ship owners financially liable and requires them
to take out insurance or provide other financial security to cover the costs
of wreck removal. It also provides the States with a right of direct action
against insurers.
The Convention applies to all wrecks in the ‘Convention Area’. This
Convention shall not apply to any warship or other Government owned
ships used only on Government noncommercial service, unless that State
decides otherwise.
Page 69 of 233
MARITIME LAW NAIROBI WRECK CONVENTION
DEFINITIONS:
“Convention area” means the exclusive economic zone of a State Party,
established in accordance with international law or, if a State Party has not
established such a zone, an area beyond the territorial sea not extending
more than 200 nautical miles from the baseline.
“Maritime casualty” means a collision of ships, stranding or other incident
of navigation, or other occurrence on board a ship or external to it, resulting
in material damage or threat of material damage to a ship or its cargo.
“Wreck”, following upon a maritime casualty, means
a) a sunken or stranded ship or any part of it, including any object that is or
has been on board such a ship
b) any object that is lost at sea from a ship and that is stranded, sunken or
adrift at sea
c) a ship that is about to sink or strand, or may do so, where effective
measures to assist the ship or any property in danger are not already
being taken.
Page 70 of 233
MARITIME LAW NAIROBI WRECK CONVENTION
REPORTING WRECKS
A State Party shall require the Master or the operator of a ship flying its flag
to report to the Affected State without delay when that ship has been
involved in a maritime casualty resulting in a wreck.
Such reports shall provide the name and the principal place of business of
the registered owner and all the relevant information necessary for the
Affected State to determine if the wreck poses a hazard. This includes,
a) the precise location of the wreck
b) the type, size and construction of the wreck
c) the nature of the damage and condition of the wreck
d) the nature and quantity of the cargo, in particular any hazardous and
noxious substances
e) the amount and types of oil, including FO, DO and LO on board.
DETERMINATION OF HAZARD
Page 71 of 233
MARITIME LAW NAIROBI WRECK CONVENTION
LOCATING WRECKS
Upon becoming aware of a wreck, the Affected State shall use all
practicable means to warn mariners and the States concerned of the nature
and location of the wreck as a matter of urgency.
If the Affected State has reason to believe that a wreck poses a hazard, it
shall ensure that all practicable steps are taken to establish the precise
location of the wreck.
MARKING OF WRECKS
Page 72 of 233
MARITIME LAW NAIROBI WRECK CONVENTION
The Affected State shall set a reasonable deadline and inform the Owner
about this in writing. The registered owner must remove the wreck within
this deadline. If the registered owner does not remove the wreck within
that deadline, the Affected State may remove the wreck at the registered
owner’s expense.
In circumstances where immediate action is required, the Affected State
may remove the wreck himself by the most practical and speedy means
available, consistent with considerations of safety and environmental
protection.
The owner shall be liable for the costs of locating, marking and removing
the wreck, unless he proves that the maritime casualty that caused the
wreck was due to the following circumstances:
a) Act of God
b) Act of War, hostilities, civil war, etc.
c) Act done by a Third Party with intent to cause damage
d) Negligence of Government or other authority responsible for the
maintenance of lights or other navigational aids
e) If liability conflicts with the following convention,
f) CLC Convention
g) HNS Convention
h) CLC Bunker Convention
i) Vienna Convention on Civil Liability for Nuclear Damage
j) Convention on third party liability in the field of nuclear energy.
The registered owner shall be able to limit his liability under any applicable
national or international law, such as the LLMC.
This convention shall not apply to compensation payable to salvors if the
work done by them is considered to be Salvage under National or
International law.
Page 73 of 233
MARITIME LAW NAIROBI WRECK CONVENTION
Flag State may authorize RO to issue this certificate. The certificate shall be
carried onboard, and a copy must be with the ship’s Registrar.
Claims may be brought directly against the insurer, who can appeal that the
casualty was caused due to willful misconduct of the Owner.
Port State shall check that the insurance is in force before the ship enters or
leave the port.
TIME LIMITS
----------------------XXXXXXXXXXXXXX----------------------
Page 74 of 233
MARITIME LAW INTERVENTION CONVENTION
INTERVENTION CONVENTION
International Convention Relating to Intervention on the High Seas in Cases of
Oil Pollution Casualties, 1969
The Convention was adopted in 1969 and entered into force in 1975.
The Convention affirms the right of a coastal State to take such measures
on the high seas as may be necessary to prevent, mitigate or eliminate
danger to its coastline or related interests from pollution by oil or the threat
of pollution by oil, following upon a maritime casualty.
The coastal State is, however, empowered to take only such action as is
necessary, and after due consultations with appropriate interests including,
in particular, the flag State or States of the ship or ships involved, the
owners of the ships or cargoes in question and, where circumstances
permit, independent experts appointed for this purpose.
A coastal State which takes measures beyond those permitted under the
Convention is liable to pay compensation for any damage caused by such
measures. Provision is made for the settlement of disputes arising in
connection with the application of the Convention.
The Convention applies to all seagoing vessels except warships or other
vessels owned or operated by a State and used on Government non-
commercial service.
The 1969 Intervention Convention applied to casualties involving pollution
by oil. There was an increasing quantity of other substances, mainly
chemical, carried by ships, some of which if released, could cause serious
hazard to the marine environment. In this regard, there was a 1973 Protocol
relating to Intervention on the High Seas in Cases of Marine Pollution by
Substances other than Oil.
This extended the regime of the 1969 Intervention Convention to
substances which are either listed in the Annex to the Protocol or which
have characteristics substantially similar to those substances.
The 1973 Protocol entered into force in 1983 and has been amended
subsequently to update the list of substances attached to it. The latest
being the 2007 amendments.
The Intervention Convention was held after the disaster of Torrey Canyon
and allows the Coastal States to use force for environmental defense.
Page 75 of 233
MARITIME LAW INTERVENTION CONVENTION
Even in the case of Torrey Canyon incident, Britain used military aircrafts
and bombs to sink the vessel and set alight the escaped oil.
Every state which exercises its rights under this Convention, must
1. Consult neighboring states
2. Inform ship owner, cargo owners and Master of the measures being
taken.
3. Make all possible endeavors to avoid any risk to life.
4. If need be, provide repatriation to the ship’s crew.
DEFINITIONS:
---------------XXXXX-----------------
Page 76 of 233
MARITIME LAW OPRC CONVENTION
OPRC CONVENTION
International Convention on Oil Pollution Preparedness, Response and Co-
operation (OPRC)
The OPRC Convention was adopted in 1990 and entered into force in 1995.
In 1989, a conference of leading industrial nations in Paris pushed IMO to
develop further measures to prevent pollution from ships. The same year
IMO began work on a draft convention aimed at providing a global
framework for international co-operation in combating major incidents or
threats of marine pollution.
Following are the requirements / salient features of the Convention:
1. Parties to the OPRC Convention are required to establish measures for
dealing with pollution incidents, either nationally or in co-operation with
other countries.
2. Ships are required to carry a shipboard oil pollution emergency plan
(SOPEP).
3. Operators of offshore units are also required to have oil pollution
emergency plans or similar arrangements which must be co-ordinated
with national systems for responding promptly and effectively to oil
pollution incidents.
4. Ships are required to report incidents of pollution to coastal authorities
and the convention details the actions that are then to be taken.
5. Parties to the Convention must
a) establish stockpiles of oil spill combating equipment,
b) hold oil spill combating exercises
c) develop detailed plans for dealing with pollution incidents.
d) provide assistance to others in the event of a pollution emergency
(provision is made for the reimbursement of any assistance provided)
Page 77 of 233
MARITIME LAW OPRC CONVENTION
OPRC-HNS PROTOCOL
--------------XXXXXX-------------------
Page 78 of 233
MARITIME LAW SUA CONVENTION
SUA CONVENTION
(Convention for the Suppression of Unlawful Acts Against the Safety of Maritime
Navigation / Protocol for the Suppression of Unlawful Acts Against the Safety of
Fixed Platforms Located on the Continental Shelf)
The SUA Convention and the Protocol was adopted in 1988 and entered into
force in 1992.
Concern about unlawful acts which threaten the safety of ships and the
security of their passengers and crews grew during the 1980s, with reports
of crews being kidnapped, ships being hi-jacked, deliberately run aground or
blown up by explosives. Passengers were threatened and sometimes killed.
In 1985, the problem was considered by IMO and it decided to develop
measures to prevent such unlawful acts. In 1988, a conference in Rome
adopted the Convention for the Suppression of Unlawful Acts against the
Safety of Maritime Navigation.
The main purpose of the Convention is to ensure that appropriate action is
taken against persons committing unlawful acts against ships.
The unlawful acts or offences include;
a) the seizure of ships by force;
b) acts of violence against persons on board ships; and
c) placing of devices on board a ship which are likely to destroy or damage
it.
The Convention requires Contracting Governments either to prosecute the
person for committing any of the offence, or to hand over the individual to
another State which has requested his/her extradition for the same crime.
The amendments to the 1988 Convention were adopted in the form of
Protocols to the SUA treaties (the 2005 Protocols). The 2005 Protocol came
into force in 2010 and added to the list of offence.
It stated that a person commits an offence within the meaning of the
Convention if that person unlawfully and intentionally:
a) intimidates a population, or compels a Government or an international
organization to do or to abstain from any act.
b) uses against or on a ship or discharging from a ship any explosive,
radioactive material or BCN (biological, chemical, nuclear) weapon in a
Page 79 of 233
MARITIME LAW SUA CONVENTION
Page 80 of 233
MARITIME LAW SUA CONVENTION
The 1988 Protocol for the Suppression of Unlawful Acts against the Safety
of Fixed Platforms Located on the Continental Shelf similarly deals with the
prevention of unlawful acts towards Fixed Platforms. The 1988 Protocol was
amended by the 2005 Protocol. This new Protocol broadens the range of
offences included in the 1988 Protocol.
--------------XXXXXX----------------
Page 81 of 233
MARITIME LAW ATHENS CONVENTION
It was adopted in 1974 and entered into force in 1987. There was a 2002
Protocol which entered into force in 2014.
The Convention was designed to consolidate and harmonize two earlier
conventions dealing with passengers and luggage.
The Convention establishes a regime of liability for damage suffered by
passengers carried on a seagoing vessel. It declares a carrier liable for
damage or loss suffered by a passenger if the incident causing the damage
occurred in the course of the carriage and was due to the fault or neglect of
the carrier.
However, the carrier can limit his liability, unless he has acted with intent to
cause such damage, or recklessly and with knowledge that such damage
would probably result.
For the death or personal injury to a passenger, this limit of liability was set
at 46,666 SDR per carriage. With the 2002 Protocol, the limits of liability
have been raised significantly; to reflect present day conditions and raising
limits in the future has been made easier with tacit acceptance.
The 2002 Protocol raises the limits to 250,000 SDR per passenger on each
distinct occasion.
As far as loss or damage to luggage is concerned, the carrier's limit of
liability varies, depending on whether the loss or damage occurred in
respect of cabin luggage, of a vehicle and/or luggage carried in or on it, or in
respect of other luggage.
The 2002 Protocol also requires carriers to maintain compulsory insurance
or other financial security, such as the guarantee of a bank or similar
financial institution, to cover the limits for strict liability under the
Convention, with regards to death and personal injury to passengers. Ships
are to be issued with a certificate attesting that insurance or other financial
security is in force and a model certificate is given in an Annex to the
Protocol.
The 2002 Protocol also introduces other mechanisms to assist passengers in
obtaining compensation.
Page 82 of 233
MARITIME LAW ATHENS CONVENTION
The limits contained in the Protocol are the maximum limits. National courts
can compensate for death, injury or damage only up to these limits or a
lesser value.
The Protocol also includes an "opt-out" clause, enabling State Parties to
retain or introduce higher limits of liability (or unlimited liability) in the case
of carriers who are subject to the jurisdiction of their courts.
The carrier can escape liability in the following circumstances:
1. Incident resulted from an act of war or civil war
2. Incident resulted from natural phenomenon (Act of God)
3. Incident caused by a Third party with the intention to cause damage.
If the actual loss exceeds the limit, the carrier is further liable - up to a limit
of 400,000 SDR per passenger on each distinct occasion - unless the carrier
proves that the incident occurred without the fault or neglect of the carrier.
For loss due to death or personal injury to a passenger, not caused by a
shipping incident, the carrier is liable if the incident was due to his fault or
neglect. The burden of proving fault or neglect lies with the claimant.
The liability of the carrier only includes loss arising from incidents that
occurred in the course of the carriage. The burden of proving this fact lies
with the claimant.
---------------XXXXXX------------------
Page 83 of 233
MARITIME LAW LLMC CONVENTION
The LLMC Convention was adopted in 1976 and entered into force in 1986.
The 1996 Protocol entered into force in 2004. The Convention provides for a
virtually unbreakable system of limiting liability.
In the LLMC Convention, limits are specified for two types of claims –
1. Claims for loss of life or personal injury, and
2. Property claims (damage to other ships, property or harbour works).
Claims excepted from limitation i.e. claims that cannot be limited are,
1. Salvage
2. Contribution in general average
3. Pollution damage under CLC Convention
4. Nuclear damage of a nuclear ship
5. Claims by servants of ship owners or salvors (if written in their contract)
Page 84 of 233
MARITIME LAW LLMC CONVENTION
The above mentioned persons cannot limit their liability if it is proved that,
1. the loss resulted from their personal act or omission,
2. the act is committed with the intent to cause such a loss, or recklessly
and with knowledge that such loss would probably result".
The limits under the 1976 Convention were set at 333,000 SDR for personal
claims for ships not exceeding 500 T, plus an additional amount based on
tonnage for ships exceeding 500 T.
For other claims, the limit of liability was fixed at 167,000 SDR plus additional
amounts based on tonnage on ships exceeding 500 T.
Under the 1996 Protocol, the amount of compensation payable in the event
of an incident was substantially increased. It also introduced a "tacit
acceptance" procedure for updating these amounts.
The limit of liability for claims for loss of life or personal injury on ships not
exceeding 2000 GT is 2 million SDR. For larger ships, the following
additional amounts are used in calculating the limitation amount:
1. For each ton from 2,001 to 30,000 tons, 800 SDR
2. For each ton from 30,001 to 70,000 tons, 600 SDR
3. For each ton in excess of 70,000 tons, 400 SDR
The limit of liability for property claims for ships not exceeding 2,000 GT is 1
million SDR. For larger ships, the following additional amounts are used in
calculating the limitation amount:
1. For each ton from 2,001 to 30,000 tons, 400 SDR
2. For each ton from 30,001 to 70,000 tons, 300 SDR
3. For each ton in excess of 70,000 tons, 200 SDR
There were 2012 amendments to the 1996 Protocol, which entered into
force in 2015. Under these amendments, the limits are raised further.
The limit of liability for claims for loss of life or personal injury on ships not
exceeding 2,000 GT is 3.02 million SDR (up from 2 million SDR). For larger
ships, the following additional amounts are used in calculating the limitation
amount:
1. For each ton from 2,001 to 30,000 tons, 1,208 SDR (up from 800 SDR)
2. For each ton from 30,001 to 70,000 tons, 906 SDR (up from 600 SDR)
3. For each ton in excess of 70,000 tons, 604 SDR (up from 400 SDR).
Page 85 of 233
MARITIME LAW LLMC CONVENTION
The limit of liability for property claims for ships not exceeding 2000 GT is
1.51 million SDR (up from 1 million SDR). For larger ships, the following
additional amounts are used in calculating the limitation amount:
1. For each ton from 2,001 to 30,000 tons, 604 SDR (up from 400 SDR)
2. For each ton from 30,001 to 70,000 tons, 453 SDR (up from 300 SDR)
3. For each ton in excess of 70,000 tons, 302 SDR (up from 200 SDR).
This Convention does not apply to drilling ships, air cushion vessels and
floating platforms.
(In all cases, Limits for Loss of life / injury is double that of property/other claims.)
(2012 Amendments – All values in SDR are multiplied by 1.51.)
(The daily conversion rates for Special Drawing Rights (SDRs) can be found on the
International Monetary Fund (IMF) website)
LIMITATION FUND
Any person alleged to be liable may constitute a fund with the Court or
other competent authority in any State Party in which legal proceedings are
carried out with respect to the claims subject to limitation.
The fund shall comprise of the sum of the amounts that the person can limit
under the LLMC Convention.
Any fund thus constituted shall be available only for the payment of claims,
for which the limitation of liability can be invoked.
A fund may be constituted, either by depositing the sum, or by producing a
guarantee acceptable by the State Party where the fund is constituted and
considered to be adequate by the Court or other competent authority.
The fund shall be distributed among the claimants in proportion to their
established claims against the fund.
If, before the fund is distributed, the person liable, or his insurer, has settled
a claim against the fund, such person shall, up to the amount he has paid,
acquire by subrogation, the rights which the person so compensated would
have enjoyed under this Convention.
--------------XXXXXXX---------------
Page 86 of 233
MARITIME LAW OPA-90 & VRP
OPA-90 Purpose:
A) To establish the liability for the damage resulting from oil pollution.
B) To establish a fund for the payment of compensation for such damages.
Page 87 of 233
MARITIME LAW OPA-90 & VRP
LIABILITY:
‘Responsible parties’ are liable for –
1. Removal costs incurred by the United States of by any person for acts
taken up by the person in accordance with the National Contingency
Plan.
2. Damage to natural resources, personal property, including cost of
assessing the damage.
3. Revenue losses and reduction in profits and earning capacity.
4. Damage to public services, including the cost of providing increased or
additional public services during or after removal activities.
Page 88 of 233
MARITIME LAW OPA-90 & VRP
Application:
VRP applies for all self-propelled tank vessels that carry oil in bulk as cargo
or oil cargo residue, and that operate on the navigable waters of the United
States. It also applies to vessels which engage in oil lightering operations in
the marine environment beyond the baseline, when the cargo lightered is
destined for a port or place in the United States. Tank vessel means a self-
propelled tanker constructed or adapted primarily to carry oil or hazardous
material in bulk in the cargo spaces.
NTVRP applies to all self-propelled non-tank vessels of 400 GT and over, that
carries oil of any kind as fuel for main propulsion, and operates upon the
navigable waters of the United State.
Page 89 of 233
MARITIME LAW OPA-90 & VRP
(Note: ‘Worst case discharge’ means discharge of vessel's entire oil cargo, in
adverse weather conditions.)
-----------XXXXXXXX-----------
Page 90 of 233
MARITIME LAW NPDES & VGP
The NPDES permit program helps address water pollution by regulating point
sources that discharge pollutants to waters of the United States. The permit
provides two levels of control: technology-based limits and water quality-based
limits (if technology-based limits are not sufficient to provide protection of the
water body).
Page 91 of 233
MARITIME LAW NPDES & VGP
VGP Coverage:
Following discharges are covered under VGP:
1. Deck Wash down and Runoff and Above Water Line Hull Cleaning
2. Bilge water /Oily Water Separator Effluent
3. Ballast Water
4. Anti-fouling Hull Coatings
5. Aqueous Film Forming Foam (AFFF)
6. Boiler / Economizer Blow down
7. Cathodic Protection
8. Chain Locker Effluent
9. Controllable Pitch Propeller and Thruster Hydraulic Fluid
10. Distillation and Reverse Osmosis Brine
11. Elevator Pit Effluent
12. Fire main Systems
Page 92 of 233
MARITIME LAW NPDES & VGP
Each of the above is explained in detail in the VGP. It also gives requirements
for inspection, trainings, record-keeping and reporting, for each of them as
applicable. It sets criteria for discharge and discharge limits for the above
mentioned discharges and also defines best practices where applicable.
Page 93 of 233
MARITIME LAW NPDES & VGP
Corrective Action:
If any vessel violates any of the VGP limits, a corrective action assessment must be
undertaken to investigate nature, cause and potential options to eliminate the
problems. Depending on the extent of the violation, VGP provides deadlines for
resolving the issues. VGP must be consulted for full description of corrective
action process.
-------------XXXXXX---------------
Page 94 of 233
MARITIME LAW PSSA
Page 95 of 233
MARITIME LAW PSSA
--------------XXXXX-------------
Page 96 of 233
MARITIME LAW FSC & PSC
Page 97 of 233
MARITIME LAW FSC & PSC
Page 98 of 233
MARITIME LAW FSC & PSC
Port State Control (PSC) is the inspection of foreign ships in national ports
to verify that the condition of the ship and its equipment comply with the
requirements of the International regulations and that the ship is properly
manned and operated in compliance with these rules.
PSC is thus a regional ship inspection program, under which countries work
together to verify the foreign vessels entering their waters are in
compliance with the International maritime regulations, regarding safety,
security, pollution prevention, manning, etc.
The objective of the PSC is to identify sub-standard ships, and help to
eliminate the threat that they pose to life, property and the marine
environment. Ships that are found to be in serious violation of regulations
are detained in port until their deficiencies have been rectified.
Port State inspections complement Flag State’s efforts and have become a
valuable tool for enforcing international standards and regulations.
Port States have signed Memoranda of Understanding (MoUs) to form
regional PSC organizations. For example, the Tokyo MoU, Paris MoU, etc.
Port States in a region, as members of a MoU, harmonize their inspections
to avoid duplication of efforts. They follow similar inspection guidelines and
share the results of their inspection.
The prime responsibility for compliance with the regulations lies with the
ship owner or operator. An adverse PSC report may have severe commercial
implications.
“No more favourable treatment” (NMFT) shall be given to the ships flying
flag of a country which is not Party to a convention. PSC will make sure that
even these ships undergo equivalent surveys and inspections so that an
equivalent level of safety and protection of marine environment is ensured.
PSC inspections are carried out by PSC officers who are duly authorized by
the Port State. This authorization of PSCO’s may be a general grant of
authority or may be specific on a case by case basis.
Page 99 of 233
MARITIME LAW FSC & PSC
DETENTION:
When deficiencies are found onboard ships, action by the Port State may
vary from recording a deficiency to detention of the ship until the
deficiencies have been rectified.
Detention is the intervention action taken by the Port State when the
condition of the ship or its crew does not correspond substantially with the
applicable conventions, to ensure that the ship will not sail out until it can
proceed to sea without presenting a danger to the ship or persons onboard,
or without presenting a threat to the marine environment, whether or not
such action will affect the normal schedule of the vessel.
Detention means that the ship and the cargo would not be able to perform
the contract of carriage. Ships under detention cannot continue the voyage
and arrive at the destination port as stated in the Contract in the specified
time assigned in the contract. Hence, as a result of detention, the contract
of carriage is discharged.
The PSC requires a ship already detained to remedy the deficiency
responsible for its detention. If the deficiencies cannot be remedied in the
port of inspection, the port State may allow the ship to proceed to another
port under special condition. The ship becomes free of detention only when
all the fees for inspection and subsequent detention is paid by the ship
owner.
PSC INSPECTION
PSCO’s shall use their “professional judgement” in carrying out all their
duties and shall consult others whenever required.
A PSCO may proceed to the ship and before boarding, assess as a ‘first
impression’, the standard of maintenance, by looking at the condition of
paint work, corrosion, pitting or unrepaired damage.
When boarding a ship, the PSCO shall present to the master or other
representative of the Owner, the PSCO identity card. This card shall be
accepted as documented evidence that the PSCO in question is duly
authorized by the Administration of the Port State, to carry out the PSC
inspection.
On meeting the ship’s Master, the PSCO shall examine the vessel’s relevant
certificates and documents. If the certificates are valid, all documents are in
order, and the PSCO’s general impression and visual observation on board
confirm a good standard of maintenance, the PSCO would generally confine
the inspection to reported or observed deficiencies, if any.
If, however, the PSCO from the general impression and visual observation
onboard, has ‘clear grounds’ to believe that the ship, its equipment or crew,
--------------XXXXX---------------
CLASSIFICATION SOCIETIES
A Classification Society is an independent, non-commercial, non-
governmental and self-regulating body that establishes and maintains
technical standards for the construction and operation of ships and offshore
structures. Classification societies validate and report that construction of a
vessel is in accordance with relevant standards and carry out regular surveys
in service to ensure continuing compliance with the standards.
The society has an obligation towards the insurance industry, Flag States,
Port States, charterers, etc. in addition to the ship owners and the public, to
be independent and impartial in the application of its expertise. A
classification society’s contribution towards safety is considerable.
Worldwide, there are around 50 classification societies, out of which 13 are
part of the International Association of Classification Societies (IACS).
A classification certificate issued by a classification society recognized by the
proposed ship register is required for a ship's owner to be able to register
the ship and to obtain marine insurance on the ship, and may be required to
be produced before a ship's entry into some ports or waterways, and may
be of interest to charterers and potential buyers.
To avoid liability, classification societies explicitly disclaims responsibility for
the safety, fitness for purpose, or seaworthiness of the ship, but is a
verification only that the vessel is in compliance with the classification
standards of the society issuing the classification certificate.
6. They assess and audit the QMS (Quality Management System) of ship
management companies in accordance with the International standards.
7. They assess and audit the SMS (Safety Management System) of ship
management companies and ships, in accordance with the ISM Code.
8. They assess and audit the Security Management system of ship
management companies and ships, in accordance with the ISPS Code.
9. They assess and audit the Environmental Management System (EMS) of
ship management companies and ships in accordance with the International
Standards.
10. They assess and audit the Energy Management System of ship companies
and ships , in accordance with the International Standards.
11. They assess and audit the Occupational Health Management System of ship
management companies and ships, in accordance with the International
Standards.
12. They approve machinery, materials and equipments that are used for ship
building.
13. They conduct assessment of the quality system, production processes and
the facilities of the manufacturer.
14. They carry out training of the personnel engaged in testing and
measurement services used during surveys.
15. They evaluate drawings and documentation related to cargo loading
appliances.
CERTIFICATE OF CLASS:
A classification society, contracted by the ship owner, carries out surveys at
the yard throughout the construction period and a Certificate of Class is
issued to the ship upon satisfactory completion of the required surveys.
The Certificate certifies that the ship has been surveyed by the surveyors of
the society and the condition of the hull, machinery and equipment have
been found in compliance with the Class requirements.
The Certificate will remain valid for a period of 5 years, unless it is
withdrawn or suspended by the Class.
The Certificate will reflect the Name of the ship, builder / yard details, Owner
details, Port of Registry, signature of the Authorized person from the
Society and the Society’s stamp.
The validity of the Class Certificate is subject to successful and timely
completion of the following surveys:
1. Annual Survey, Intermediate Survey and Class Renewal / Special Survey
2. Bottom Survey or Docking Survey
3. Tail Shaft Survey, Boiler & Machinery Surveys
4. Surveys for the maintenance of additional Class notations.
A ship is maintained in class, provided that the ship has carried out required
surveys in accordance with the Classification Rules and the surveys confirm
that the condition of her hull, machinery and equipment remain to be in
compliance with the applicable rules at the time of the survey.
Whenever there is any damage, failure or deterioration to hull, machinery or
equipment which affects the Classification, the Society must be informed so
such damage. Necessary repairs should be carried out to the surveyor’s
satisfaction in order to maintain the vessel in Class.
A complete repair procedure, including the extent of proposed repair and
the need for a surveyor’s attendance, should be submitted to Class and
agreed by the Class in advance. Failure to notify may result in suspension of
vessel’s classification until the society is satisfied with the repairs.
SCOPE OF SURVEYS:
Every classed vessel is subject to a specified program of periodic surveys after
delivery. These surveys are based on a five-year cycle and consist of annual
surveys, an intermediate survey and a Class renewal or special survey (held every 5
years). The severity of each specified survey increases with the age of the vessel.
1. Annual Survey: It is carried out within a window period of 3 months before
or after each anniversary date. It includes an external, general inspection of
the hull, machinery and equipment of the ship and tests to determine
whether the vessel satisfies the rule requirements. Older ships of certain
types may be subject to a general examination of some specified internal
areas of the hull.
2. Intermediate Survey: It is held approximately half way between the Special
surveys. It includes examinations and checks to determine that the ship
remains in a condition which satisfies the rule requirements. According to
the type and age of the ship, dry-docking and ultrasonic thickness
measurements may be required.
3. Class Renewal Survey or Special Survey: A special survey includes extensive
out-of-water examinations to verify that the structure, main and auxiliary
machinery, systems and equipment of the ship remain in a condition which
satisfies the Rules. The survey assesses the structural integrity and identifies
areas that exhibit substantial corrosion, significant deformation, fractures,
damages or other structural deterioration. Depending upon ship’s age, type
and condition, the survey may take several weeks to complete.
CLASS NOTATION
Classification notation consists of words, acronyms, letters and
abbreviation that describe a vessel’s restrictions, service or applicable
survey characteristics & any other specific requirements met by the vessel.
Each Classification society has a system to certify a ship by giving notation
on the basis of ship type, service, navigation and other criteria, provided by
the Owner and / or the builder.
Class notations that are assigned to a ship are indicated on the ship’s
Certificate of Class as well as in the Register of Ships published by the
society. Class notations convey very important information.
Examples of Class Notations are:
1. Main Class Symbol – Express compliance of the ship with specific rule
requirements regarding machinery and equipment.
2. Construction Marks – Identifies the Classification society that supervised
the ship during construction.
3. Type Notation – Defines the type and/or service of the ship. This is given
after fulfillment of specific rule requirements for that type/service.
4. Service Area Restrictions – Defines limiting areas for navigation e.g. high
seas, coastal, Ice Class, etc.
5. Additional Class Notations – defines the special features such as
additional equipment or any other specific arrangements.
-------------------XXXXXXX------------------------
The purpose and scope of IHR 2005 are to prevent, control and protect
against the international spread of disease, and provide a public health
response which will avoid unnecessary interference with international
traffic and trade.
IMPORTANT DEFINITIONS
i) ‘In quarantine’ means that state or condition during which measures are
applied by a health authority to a ship, aircraft, train, road vehicle or other
means of transportation or container, to prevent the spread of disease,
reservoirs of disease or vectors of disease.
FREE PRATIQUE:
Health clearance is called free pratique. It literally means permission to
disembark and commence cargo operations.
Health clearance is required if there has been on board during the previous
28 days, any of the occurrences which the Master is required to report. If no
such occurrences are there then the Port Health Officer will generally give
free pratique.
A certificate of vaccination against yellow fever is the only other certificate
now required under these regulations for international travel, especially for
African countries. Every seafarer must have this International vaccination
certificate for yellow fever.
Before granting free pratique, Port health officers usually check the
Maritime declaration of health, valid SSCEC / SSCC and yellow fever
vaccination report of all persons onboard.
Radio Free Pratique is the granting of free pratique to a ship or aircraft by
Radio or other communication means, on the basis of information received
from it prior to its arrival, when the State Party is of the opinion that the
arrival of the ship or aircraft will not result in the introduction or spread of
disease. All State parties are encouraged to make provisions for the
granting of free pratique by radio or other communication means so as to
avoid unnecessary details to the vessel.
If the conditions in which control measures were taken were not ideal to
give satisfactory results, this should be noted on the existing SSCC & control
measures must be completed at another port before a new SSCC is issued.
The SSCC issued includes a note of the evidences found & measures taken.
The port State may proceed to take action as per the provisions of the IHR,
if the ship fails to produce a valid SSCC / SSCEC or if the ship shows evidence
of a public health risk.
Whenever control measures are to be carried out, it is ideal for the ships to
be in ballast condition with all holds empty. i.e. prior loading at load port.
The SSCEC is issued only when all holds are empty and it is possible to carry
out a thorough inspection.
WHO advises the certificates to be completed in English and/or in French, or
a translation in English/French if completed in any other language.
DECLARATION OF HEALTH
The Master of a ship must ascertain the state of health onboard before
arrival at the first port of call in a State.
The master must deliver a Maritime Declaration of health to the competent
authority upon arrival or in advance before arrival if the State requires so.
The declaration should be countersigned by the ship’s surgeon if carried.
Such a declaration is a must always. However, it is the discretion of the State
to decide which vessels must submit the Maritime declaration of health.
A state may decide to dispense with submission of the declaration by all
ships that arrive at its Ports.
A state may require only those ships arriving from affected areas or those
ships which might carry infection or contamination to submit the
declaration.
The master of the ship or the ship’s surgeon carries the obligation to
provide relevant information to the competent authority about the health
condition onboard the ship during an international voyage.
The format of the declaration should be as per the model provided in the
Annex of IHR. The format contains the following declarations -
a) Any deaths onboard during the voyage other than by an accident
b) Any infectious disease suspected on board
c) Total number of ill persons on board
d) Was a medical practitioner consulted
----------------XXXXXXX-----------------
The HSSC came into force in the year 2000. Previously, the ship’s statutory
certificates were all issued on different dates which corresponded with the
date of completion of each individual initial survey. Also, they had different
periods of validity.
When their annual surveys and other surveys became due, preparations had
to be done for each individual survey. Often preparations were duplicated
as items for inspection under different surveys overlapped.
Thus, ship’s officers were constantly under pressure to prepare the ship for
surveys all the time. It also became a problem for the certifying authorities
who had to board the ship for survey, several times during the course of the
year for carrying out surveys which became due on varying dates.
In order to tackle this problem, the IMO has ‘harmonized’ the system to
provide ease and uniformity. Salient features of the HSSC are as follows:
1. All certificates that fall under this system will be issued on one date only,
so that all annual and other surveys for each certificate will fall on the
same dates.
2. There will be a one-year standard interval between surveys.
3. All cargo ship safety certificates are designed for 5-year validity with
annual endorsements. The Passenger ship safety certificate remains valid
for one year and there is no change in that.
4. The first survey which a ship undergoes is always the Initial Survey. The
date of completion of ALL the surveys is the date of issue of each
certificate.
5. Annual surveys may be carried out within 3 months before or after the
anniversary date of the certificate. The intermediate surveys may be
carried out within 6 months of the half-way date of the certificate. That
means the intermediate survey will be carried out together with, or in
place of, second or third annual survey.
6. Renewal survey can be carried out upto 3 months prior to the date of
expiry of the certificate without loss of validity. A 3-month extension of
validity is possible to enable a ship to complete its voyage (one month
for ships engaged on short voyages). The date of issue of such
certificates will be from the date of expiry of the existing certificate
before extension.
7. Atleast two inspections of the ship’s bottom are to be carried out in a
period of 5 years, with maximum interval between the two inspections
to not exceed 36 months.
The ESP has been made mandatory by IMO and SOLAS Chapter XI in order
for the ships to maintain the ESP Notation of Class.
It is mandatory for the following ships:-
1. Oil Tankers.
2. Product tankers and Chemical Tankers
3. Bulk Carriers (including ore-carriers and combination carriers)
The ESP came into force in response to the large number of losses of bulk
carriers and pollution caused by accidents on tankers. In order to prevent
this, enhanced (more stringent) hull surveys were required, for which the
IACS has developed the ESP.
Some definitions-
1. Close-up examination – is one where details of structural components within
the inspection range of the surveyor i.e. normally within reach of hand are
closely examined.
2. Overall survey – is intended to report on the overall condition of the tank /
hold / hull structure and determine the extent of additional close-up surveys
required.
3. Suspect areas – are the locations which are considered prone to rapid
wastage or which show excessive corrosion.
Documentation –
Apart from ‘Survey Programme’, the vessel must have onboard all the
documents as required by the surveyor. These usually include –
1. Main structural plans of holds and tanks.
2. Previous repair history.
3. Cargo and ballast history.
4. Records of inspection of these spaces by ship’s personnel.
The Owner must provide all necessary facilities for safe execution of the
survey. Spaces to be inspected must be clean, well illuminated and safe for
entry. Communication systems should be arranged between the survey
party in the tank and responsible officer on deck.
Gas-meters, oxygen monitors, breathing apparatus, lifelines, whistles, etc.
should be at hand during the survey.
A safety checklist should be provided and all necessary precautions must be
taken and procedures must be followed.
Evaluation –
The data and information collected during the survey is evaluated and if
accepted, then it is endorsed by the Administration.
The conclusions of the analysis will form part of the ‘Condition Evaluation
report’ which will be issued to the Owner and placed onboard the ship for
reference at future surveys. The Condition Evaluation report must be in
English (or translation in English) and must be kept on board for the lifetime
of the ship.
A ‘survey report file’ should be made by the Master and preserved onboard
which must contain,
1. Condition Evaluation Report
2. Thickness measurement reports
3. Reports of structural surveys
4. Survey planning document
The file must also be available at the Owner’s and Administration’s offices.
The reports are valid for a period of 5 years and next survey must be carried
out between the next 4-5 years.
The first such assessment must be done concurrent with the first
intermediate or special survey of Class due after 5th April 2005 or when ship
completes 15 years of age, whichever occurs later.
There is a requirement for proper preparatory measures to be undertaken
prior to conducting the survey. These requirements are as follows:
1. Initial Notification from the Company to the Administration must be sent
8 months prior to the planned commencement date of the survey.
2. The Administration shall consider the notification and review the vessel’s
history, detention records, casualty history, major NC’s, safety inspection
reports, etc. If all found satisfactory, the Administration will authorize
the RO to commence the CAS process on that ship.
3. Upon receipt of authorization, the RO shall issue to the Company the
‘survey planning questionnaire’, not later than 7 months prior the
planned commencement date of the survey.
4. The Company shall complete and return the questionnaire to the Class
and sent a copy to the Administration, not less than 5 months prior the
planned commencement of the survey.
5. In co-operation with the RO, the company shall prepare and complete a
‘Survey Plan’ for CAS and submit the same to the Class Office (copy to
Administration) not less than 2 months prior the planned
commencement of the survey.
6. The Administration shall review the plan to confirm compliance with the
CAS requirements. After the plan is agreed and approved, the survey
may commence.
Further CAS surveys will then be carried out at intervals of 5 years, following
the same procedures. (Different Classification societies may have different
requirements)
CAP 1 means very good and CAP 2 means good, which is required by most
charterers. Both these ratings suggest that the vessel has been maintained
to a standard in excess of the Classification minimums.
The survey takes about 10 days, hence to avoid operational disturbance, it is
recommended that the survey is undertaken while vessel is in ballast
condition at sea. It is also recommended that CAP survey is co-ordinated
with vessel’s special or intermediate Class survey whenever possible.
Even for CAP, a survey plan must be worked out in advance with the Class, a
survey planning meeting must be held and documented.
----------------XXXXXX-----------------
The Special Trade Passenger Ships Agreement was adopted in 1971 and
entered into force in 1974. There was a Protocol on Space Requirements for
Special Trade Passenger Ships in 1973, which entered into force in 1977.
Some countries in the Indian Ocean area have the interesting practice of
special trades like transporting pilgrims, where a ship is permitted to carry a
large number of unberthed passengers within a restricted sea area.
It was regulated under the Simla Rules of 1931, which became outdated
following the adoption of the 1948 and 1960 SOLAS Conventions.
As a result, IMO convened an International Conference in 1971 to consider
safety requirements for special trade passenger ships in relation to the 1960
SOLAS Convention.
Special Trade Passenger Ships Rules are included in an Annex to the
Agreement, which provide modifications to some of the regulations of the
1960 SOLAS Convention.
After the 1971 agreement, IMO, in cooperation with other Organizations,
particularly the World Health Organisation (WHO), developed technical
rules covering the safety aspects of carrying passengers on board such
ships. These were reflected in the Annex to the 1973 Protocol on Space
Requirements for Special Trade Passenger Ships.
The space requirements for special trade passenger ships are
complementary to the 1971 Special Trade Passenger Ships Agreement.
“Special Trade” means the conveyance of large number of special trade
passengers by sea on International voyages with the area specified in the
Agreement.
“Passenger” means every person other than the Master or members of the
crew or other persons employed in any capacity on that ship, and except a
child less than one year of age.
“Special Trade Passenger” means a passenger carried in special trade in
spaces on weather decks, upper deck or between decks which
accommodate more than 8 passengers.
“Special Trade Passenger Ship” means a mechanically-propelled passenger
ship which carries a large number of special trade passengers.
During seasons of foul weather, spaces on the weather deck shall not be
measured as being available for the accommodation of special trade
passengers.
-----------------XXXXXXXXXXX-------------------
----------XXXXX-----------
MARPOL 73/78
International Convention for the Prevention of Pollution from Ships (MARPOL)
Surveys: For an oil tanker of 150 GT and above, and other ships 400 GT and above,
Discharge Criteria: For all ships of 400 GT and above, oil and oily waste from
machinery spaces can be discharged under the following conditions:
a) Ship must be enroute.
b) Ship must use the oil filtering equipment.
c) The oil content must not exceed 15ppm.
d) The mixture must not have its source from pumproom bilges.
e) The mixture must not be mixed with oil cargo residues.
(Note: If all above conditions are complied, the oily waste can even be discharged
in special areas except for Antarctica Area)
SOPEP:
All oil tankers of 150 GT and above and all other ships of 400 GT and above
must have onboard a Shipboard Oil Pollution Emergency Plan (SOPEP).
The plan must be made as per IMO guidelines and approved by the
Administration and written in the working language of Master & officers.
The purpose of SOPEP is to provide guidance to the Master and officers on
the course of action to be taken following an oil pollution incident.
SOPEP must be ship-specific and must include a flow chart, which will serve
as a guide in reporting procedures during an oil pollution incident.
The contents of SOPEP are as follows –
a) The procedure to be followed by the Master or other person incharge of
the ship, to report the oil pollution incident. It must also include an initial
report format and other subsequent reporting formats. It must include
information on when to report, whom to report and information
required to be reported.
Any failure of the oil filtering equipment shall be recorded in the ORB-1.
The ORB-1 shall be kept readily available for inspection. It shall be preserved
for a period of three years after the last entry has been made.
Any PSCO or other competent authority may inspect the ORB-1 and may
make a copy of any entry and may require the master of the ship to certify
that the copy is a true copy of such entry.
ORB-2 is for Cargo/ballast operations. Every oil tanker of 150 GT and above,
shall be provided with an Oil Record Book Part II (Cargo/Ballast Operations).
Entries to be made in the ORB-2 are as follows:
a) Loading and unloading of oil cargo;
b) Internal transfer of oil cargo during voyage;
c) Ballasting of cargo tanks and dedicated clean ballast tanks;
d) Discharge of ballast except from segregated ballast tanks;
e) Cleaning of cargo tanks including crude oil washing;
f) Discharge of water from slop tanks;
g) Closing of all applicable valves or similar devices after slop tank discharge
operations;
h) Closing of valves necessary for isolation of dedicated clean ballast tanks
from cargo and stripping lines after slop tank discharge operations; and
i) Disposal of residues;
j) Any accidental or other exceptional discharge of oil not excepted by the
regulations, stating the circumstances and the reasons for the discharge.
k) Any failure of the oil discharge monitoring and control system.
Each of the above operation must be fully recorded without delay in the
ORB-2.
Each completed operation shall be signed by the officer or officers in charge
of the operations concerned and each completed page shall be signed by
the master of ship.
The ORB-2 shall be kept readily available for inspection. It shall be preserved
for a period of three years after the last entry has been made.
The PSCO or other competent authority may inspect the ORB-2 and may
make a copy of any entry in that book and may require the master of the
ship to certify that the copy is a true copy of such entry.
IOPP SUPPLEMENTS:
Categories of NLS:
To check for compliance, pump performance test must be carried out using water.
Category X Cargo:
Mandatory pre-wash is required. The wash water is discharge to shore
reception facilities until concentration is 0.1% by weight, as checked by the
surveyor. After reaching this concentration, washing may be completed and
all wash water discharged to the facility till the tank is empty. After this any
water introduced in the tank can be discharged at sea, as per the following
discharge criteria,
a) Ship must be enroute with minimum speed of 7 knots (4 knots if not self-
propelled)
b) Ship must be 12 NM away from nearest land.
c) Water depth must be atleast 25m.
d) Discharge must be made below the water line.
Entries must be made in the Cargo Record Book and endorsed by surveyor.
SMPEP
SMPEP stands for Shipboard marine pollution emergency plan.
Every ship of 150 GT and above certified to carry NLS in bulk shall carry on
board a SMPEP for noxious liquid substances approved by Administration.
Such a plan shall be based on IMO Guidelines, and written in a working
language or languages understood by the master and officers.
The plan shall consist at least of:
a) The procedure to be followed by the master or other persons having
charge of the ship to report a NLS pollution incident.
If the requirements of SOPEP of Annex 1 also apply to the ship, then SMPEP
may be combined with the SOPEP. In this case, the title of the combined
plan would be SMPEP.
Initial, Intermediate, Renewal & Additional survey (same way as for Annex I)
After the initial and renewal survey, the ‘International Pollution Prevention
Certificate for carriage of NLS in Bulk’ is given, with maximum validity of 5
years.
Packing -
Packages shall be adequate to minimize the hazard to the marine
environment, having regard to their specific contents.
Marking -
Packages shall be durably marked with the correct technical name (trade
names alone shall not be used) and further marked or labelled to indicate
that the substance is a marine pollutant and supplemented by other means
such as UN Number.
The method of marking shall be such that this information will still be
identifiable on packages surviving at least 3 months' immersion in the sea.
Documentation –
Correct technical name must be used in all documents. (trade names alone
shall not be used) and the substance further identified by the addition of
the words "MARINE POLLUTANT".
The shipping documents supplied by the shipper shall have a signed
certificate or declaration that the shipment offered for carriage is properly
packaged and marked, labelled as appropriate and in proper condition for
carriage to minimize the hazard to the marine environment.
Each ship carrying harmful substances shall have a special list or manifest
stating the harmful substances carried on board and their location. A
detailed stowage plan may be used for this.
Copies of such documents shall also be retained on shore by the shipowner
or his representative until the harmful substances are unloaded. A copy of
one of these documents shall be made available before departure to the
person or organization designated by the port State authority.
Stowage -
Harmful substances shall be properly stowed and secured so as to minimize
the hazards to the marine environment without impairing the safety of the
ship and persons on board.
Quantity limitations -
For sound scientific and technical reasons, certain harmful substances may
be prohibited for carriage or be limited as to the quantity which may be
carried aboard any one ship.
In limiting the quantity, due consideration shall be given to size,
construction and equipment of the ship, as well as the packaging and the
inherent nature of the substances.
Notification -
If any Marine Pollutant leaks, it must be handled taking due precautions, as
per the EMS Guide or MSDS of that cargo. Any such accidental leakage or
loss overboard of harmful substances must be notified to shore authorities,
also mentioning the nature of contents and quantity involved.
This Annex applies to ships of 400 GT and above and ships of less than 400
GT which are certified to carry more than 15 persons.
The ships to which this Annex applies must undergo an Initial survey before
being put into service, a renewal survey (within 5 years) and any additional
survey after repairs or major modifications. These surveys shall be
conducted by the Administration or RO on their behalf and the ship will be
issued with an ‘International Sewage Pollution prevention certificate’, with
a maximum validity of 5 years.
Sewage Systems:
1. A sewage treatment plant approved by the Administration.
2. A sewage comminuting and disinfecting system approved by
Administration, for temporary storage when ship is within 3 NM from
nearest land.
3. A holding tank of capacity as decided by the Administration, for retention of
all sewage, with a means to indicate the amount of content.
Special Areas: Following are the special areas under Annex V of MARPOL:
1. Baltic Sea
2. Black Sea
3. Mediterranean Sea
4. Wider Caribbean Region
5. Antarctica Area
6. Red Sea
7. North Sea Area
8. Gulfs Area
As per the 2011 amendments, an initial survey must be carried out before a
new ship is put into service. The survey shall verify that the ship's attained
EEDI (Energy Efficiency Design Index) is in accordance with the
requirements of MARPOL Annex VI and that the SEEMP required is on
board. It is applicable to all ships of 400 GT and above.
After the successful survey, International Energy Efficiency Certificate (IEEC)
is issued. IEEC will be valid throughout the life of the ship unless it changes
flag or is withdrawn from service.
A general or partial survey will be carried out after a major conversion of a
ship. The survey shall ensure that the attained EEDI is recalculated as
necessary and meets the requirements applicable to the ship type and size
of the converted ship.
SEEMP (Shipboard Energy Efficiency Management Plan) is a ship specific
and may be part of the ship’s SMS and developed by taking into account,
the guidelines adopted by the Organisation.
Every ship which has an IEEC must have an EEDI technical file.
IEEC shall have a supplement giving details of the ship’s propulsion system,
attained EEDI, required EEDI, EEDI technical file verification, etc.
SHIPBOARD INCINERATION:
FUEL QUALITY:
The bunker delivery note shall be kept on board the ship readily available for
inspection. It shall be retained for a period of three years after the fuel oil
has been delivered on board.
The bunker delivery note shall be accompanied by a representative sample
of the fuel oil delivered. The sample is to be sealed and signed by the
2011 Amendments –
Regulations on energy efficiency for ships added to Annex VI
Revised discharge criteria for disposal of garbage (Annex V)
2012 Amendment –
Regional arrangements for port reception facilities under Annex I, II, IV & V.
2013 Amendments –
Form A and B of supplements to the IOPP Certificate (Annex I)
Condition Assessment scheme included in Annex I.
RO Code (The Code for Recognized Organizations) to be made mandatory
under Annex I and II
2014 Amendments –
Mandatory carriage requirements for a stability instrument under Annex I.
III Code (IMO Instruments Implementation Code) made mandatory under
Annex I, II, III, IV and V) whereby every Party shall be subject to periodic
audits by the Organization for verification of compliance with the provisions
of the Convention.
Appendix – Criteria for the identification of harmful substances in packaged
form.
2015 Amendments –
Amendments to Annex I, II, IV and V to make use of environment-related
provisions of the Polar Code mandatory.
Amendments to Annex I regulation on Tanks for oil residues (sludge).
-----------------XXXXXXX------------------------
A) Surveys of LSA and other equipment: The LSA and other equipment of
cargo ships of 500 GRT and upwards, shall be subject to the surveys
specified below:
1. An initial survey before the ship is put in service.
2. A renewal survey, not exceeding 5 years.
3. An annual survey within 3 months before or after each anniversary date
of the Cargo Ship Safety Equipment Certificate.
4. A periodical survey within three months before or after the second
anniversary date or the third anniversary date of the Cargo Ship Safety
Equipment Certificate which shall take the place of one of the annual
surveys.
5. An additional survey as prescribed for passenger ships (e.g. after
repairs/renewals)
The periodical and annual surveys shall be endorsed on the Cargo Ship
Safety Equipment Certificate.
====================================================================
Distinguish between Convention and Protocol.
====================================================================
CONVENTION
A convention is formal agreement between states and is usually an
instrument negotiated under an international organization such as IMO.
A convention is a written agreement with several parts.
Conventions form a major part of maritime affairs governed by the IMO.
PROTOCOL:
When a major amendment is to be incorporated on regulations of the
convention, a protocol is called among the countries, who are signatory of
the original convention when it was signed and approved. For e.g.
for MARPOL 73/78, year 73 is the year in which the convention was adopted
and year 78 was when the protocol was adopted.
A protocol is one of the ways in which a convention can be modified.
A protocol is used for the modification of an IMO convention when
a) There is a significant change to the original convention
b) When a new chapter is added to the original convention. (like when
Annex VI was added to the MARPOL)
c) When a change is applicable to the all the chapters
d) When IMO feels, the change need to be brought by the protocol
The amendments by protocols are not binding on all the states that have
ratified the original convention. The amendments by the protocols are only
binding to the states that ratify the new protocol.
====================================================================
====================================================================
Write short notes on: Amendments and Tacit Acceptance.
====================================================================
Amendments
The regulations enforced by the conventions are required to be amended
frequently from time to time to keep pace with the rapid evolving
technology in the shipping world.
Amendments of the convention can be adopted by either of the following
methods described below:
A) After consideration within IMO - Amendments proposed by any
Contracting government(s) of the IMO are circulated at least for six months
before consideration by the relevant committee (MEPC, MSC). Thereafter,
in the committee, atleast one-third of the contracting governments should
be present for voting and out of those present, two-thirds should vote in
favor for the amendment to be adopted.
B) Amendment by Conference - A conference of the contracting government
of the IMO is called when a contracting government requests for holding of
a conference and at least one third of the contracting governments agree to
hold the conference. Amendments are adopted at the conference as there
are high chances of more than one third of the contracting governments to
be present and out of those present, more than two thirds will vote in
favour as they were already in agreement to the amendment. Hence, the
proposal by the conference would be adopted faster.
Once an amendment has been adopted, it is passed to all contracting
governments for acceptance. Usually, two conditions are to be met for the
amendment to come in force. Usually two-third of the Contracting
governments must ratify, and the Contracting governments ratifying must
constitute a certain % of world gross tonnage. This is however tedious and
hence, tacit acceptance is usually used for making the process of
amendments easier.
Once the amendments are accepted by tacit means or otherwise, it then
enters into force after a time specified in respective conventions. For
example, SOLAS amendments enter into force 6 months after it has been
accepted.
Tacit Acceptance:
In simple terms “tacit acceptance” means “accepted unless objected”.
It is opposite of earlier process of “rejected unless accepted”.
Under tacit acceptance, a resolution is accepted on an agreed time interval
from adoption unless it is objected by a number of contracting
governments.
The committee decides the agreed interval during adoption of the
amendments. It usually sets a minimum interval between adoption and
acceptance. For example, as per MARPOL convention, the minimum interval
between adoption and acceptance has to be 10 months. For SOLAS, it is one
year.
The number of governments that need to object for an amendment to not
be accepted is also mentioned in respective conventions. These are usually
a) one-third of the contracting governments or
b) contracting governments that constitutes 50% of the world gross
tonnage or more.
At the end of the deadline, if a contracting government has not taken any
action (accepting or rejecting the proposed resolution), it is implied (tacit)
that the government has accepted the resolution. In other words, if by the
deadline the required number of contracting governments has not objected
the amendments, the amendments are accepted.
However, they enter into force after a specified time after the acceptance
of the amendments. This time is specified in the Convention. For example,
amendments to SOLAS and MARPOL convention enter into force 6 months
after it has been accepted.
====================================================================
Write short notes on: Recommendations, codes, guidelines and Resolutions.
===================================================================
Recommendations are mainly guidelines which are not legally accepted.
They are not formal documents like convention or protocol but are a list of
recommended practices that are closely linked to the conventions. Though
recommendations are not legally binding, some governments might apply
them in whole or in part.
Codes are a part of a parent convention or protocol. It gives technical
details regarding the requirements of the regulations contained in the
parent convention. For example, the FSS Code gives technical details
regarding the fire fighting appliances as required by SOLAS. Codes are
usually mandatory, but may be divided into different parts, some of which
may be non-mandatory.
Guidelines are usually non-mandatory. They are given to help Contracting
parties and others to comply with the relevant requirements of a
Convention. Some guidelines are mandatory if so stated in the Convention.
Resolutions are the finalized documents which are issued by the IMO
Assembly, The council or by each of the committee. They generally result
from an agreement on a recommendation or amendment. Each committee
brings resolutions to amend part of International convention that they are
associated with. Resolutions that are passed are denoted in a peculiar
manner. The first letter(s) can be A (for Assembly), C (for Council), MSC (For
Maritime safety committee), MEPC (for Maritime environment pollution
committee), and so on. The next number shows the resolution number and
it is in chronological order. The number in the bracket shows the sessions in
which this resolution was adopted. So the resolution MSC.374(93) refers to
the MSC resolution number 374 which was adopted in the 93rd session of
the MSC. Resolutions come into affected in the following manner:
1. A contracting government proposes a resolution.
2. IMO or its respective committee reviews the resolution proposal.
3. Resolution is adopted in the IMO.
4. Resolution is accepted by a certain % of contracting governments.
5. After a fixed time from acceptance, the resolution enters into force.
====================================================================
Describe SOLAS 2010-11 amendments with respect to (i) Dealing with goal based
ship construction standards (ii) Testing of AIS (iii) Pilot transfer arrangements
and (iv) Life-boat on load release mechanism.
===================================================================
Ships shall be designed and constructed for a specified design life to be safe
and environmentally friendly, when properly operated and maintained
under the specified operating and environmental conditions, in intact and
specified damage conditions, throughout their life.
A Ship Construction File with specific information on how the functional
requirements of the Goal-based Ship Construction Standards have been
applied in the ship design and construction shall be provided upon delivery
of a new ship, and kept on board the ship and/or ashore and updated as
appropriate throughout the ship's service.
The contents of the Ship Construction File shall, at least, conform to the
guidelines developed by the Organization
As per the amendment, the specified design life of new bulk carrier or oil
tanker shall not be less than 25 years. For this and other functional
requirements, various other constructional requirements are given in the
amendment.
The securing strong point, shackles and securing ropes shall be at least as
strong as the side ropes.
When a combination arrangement is used, the accommodation ladder shall
be sited leading aft. The lower platform must be secured and held firmly
against the ship's side. It should be secured to the pilot ladder and to the
ship's side at a point of nominally 1.5 m above the bottom platform of the
accommodation ladder.
Access area and passage must be safe and unobstructed.
Shipside doors used for pilot transfer shall not open outwards.
Mechanical pilot hoists shall not be used.
Two man-ropes (if requested), a lifebuoy with SI light and a heaving line
must be kept ready.
Adequate lighting shall be provided.
====================================================================
State salient features of construction - structure, stability and installation with
respect to II-I of SOLAS
====================================================================
a) Safe access to the bow: Every tanker shall be provided with the means to
enable the crew to gain safe access to the bow even in severe weather
conditions. Such means of access shall be approved by the Administration
based on the guidelines developed by the Organization.
b) Emergency Towing Arrangements: Every tanker of 20,000 tonnes
deadweight and upwards shall have Emergency towing arrangements fitted
at both ends. It must be capable of rapid deployment in the absence of main
power and enable easy connection. At least one of the ETAs shall be pre-
rigged, ready for rapid deployment.
c) Access to cargo hold, cargo tanks, ballast tanks, etc – Tanks that are 35m of
more in length must have atleast 2 access hatchways and ladders. Tanks less
than 35 m in length shall be served by at least one access hatchway and
ladder. Each cargo hold shall be provided with at least 2 means of access as
far apart as practicable. In general, these accesses should be arranged
diagonally (P & S)
d) Ship Structure Access Manual – Every ship must have a ship structure
access manual, approved by Administration, which must describe the ship’s
means of access to carry out overall and close-up inspections and thickness
measurements.
e) Technical Specifications: Details about the dimensions and size of clear
openings are mentioned in SOLAS.
STABILITY OF SHIPS
INSTALLATION:
All boilers, all parts of machinery, all steam, hydraulic, pneumatic & other
systems and their associated fittings that are under internal pressure shall
be subjected to appropriate tests including pressure test before being put in
service for the first time.
Main propulsion machinery and all auxiliary machinery shall be designed to
operate when the ship is upright and when listed upto 15° either way under
static conditions and 22.5° either way under dynamic conditions and
simultaneously pitching 7.5°.
Provision shall be made to facilitate cleaning, inspection and maintenance of
main propulsion and auxiliary machinery including boilers and pressure
vessels.
Any mode of vibrations shall not cause undue stresses in the machinery in
the normal operating ranges.
Where risk of over-speeding of machinery exists, means shall be provided to
ensure that the safe speed is not exceeded. Means shall also be provided
where practicable, to protect against dangerous over-pressure.
====================================================================
State key elements of SOLAS Chapter V - which assists in enhancing maritime
safety
====================================================================
Following are the key elements of SOLAS Chapter V that assist in enhancing
maritime safety:
==================================================================
Explain (a) Principle of safe manning (b) Obligation of master as per SOLAS
Chapter V and (c) Masters discretion under SOLAS Chapter V.
==================================================================
SHIPS' MANNING
Contracting Governments shall take measures for ensuring that, from the
point of view of safety of life at sea, all ships shall be sufficiently and
efficiently manned and ships are provided with an appropriate minimum
safe manning document issued by Administration as evidence of the
minimum safe manning considered necessary.
On all ships, a working language shall be established & recorded in ship's
log-book.
English shall be used on the bridge as the working language for bridge-to-
bridge and bridge-to-shore safety communications as well as for
communications on board between the pilot and bridge watchkeeping
personnel, unless they all speak a common language other than English.
MASTER’S DISCRETION
The owner, the charterer, the company operating the ship or any other
person shall not prevent or restrict the master of the ship from taking or
executing any decision which, in the master’s professional judgment, is
necessary for safety of life at sea and protection of the marine environment
====================================================================
====================================================================
Brief outline of chapter II, III, VII of SOLAS
====================================================================
Chapter II-2: Construction - Fire protection, fire detection and fire extinction
Part A – General
Part B - Prevention of fire and explosion
Part C - Suppression of fire
Part D – Escape
Part E – Operational Requirements
Part F - Alternative design and arrangements
Part G - Special requirements
====================================================================
Write short notes on Aim and objective of ITU regulations.
====================================================================
====================================================================
====================================================================
Write a note on Latest amendments of SOLAS
====================================================================
New Forms for Passenger Ship Safety certificate, Cargo Ship Safety
Construction certificate, Cargo Ship Safety Equipment certificate, Cargo
Ship Safety Radio certificate, Cargo Ship Safety certificate and Exemption
Certificate.
Prohibition of the blending of bulk liquid cargoes and production processes
during sea voyages.
Amendment to SOLAS Chapter XI to make ESP Code mandatory.
Amendments to SOLAS regulation II-2 requiring a minimum of two 2-way
portable radiotelephone apparatus for each fire party for fire fighters’
communication to be carried. The apparatus shall be of an explosion-proof
type or intrinsically safe.
New SOLAS regulation requiring new ships to be constructed to reduce on-
board noise and to protect personnel from noise, in accordance with the
revised Code on noise levels on board ships.
====================================================================
What are the contents of Cargo Ship Safety Equipment Certificate?
====================================================================
a) Official Seal and Name of the State under whose authority the Certificate is
being issued.
b) Person or authorized organization issuing the Certificate.
c) Particulars of the ship i.e. Name, Call Sign, POR, GT, DWT, Length, IMO No.
d) Type of Ship (Bulk carrier / Oil tanker / Chemical tanker / Gas Carrier / Other)
e) Date on which keel was laid or Date of major alteration / modification
f) Statements declaring that the following items have been surveyed and
found in compliance with the relevant regulations:
1. Fire safety systems and appliances and fire control plans
2. Life-saving appliances and the equipment of the lifeboats, liferafts and
rescue boats
3. Line-throwing appliance and radio installations used in lifesaving
appliances
4. Shipborne navigational equipment and nautical publications
5. Means of embarkation for pilots
6. Lights, shapes and means of making sound signals and distress signals.
Form E (Record of Equipment for Cargo Ship Safety) shall supplement the certificate.
--------------------XXXXXXX---------------------
====================================================================
Enumerate key provisions of M.S. Act, 1958 on limitation of liability of maritime
claim.
====================================================================
Limitation of Liability is described in PART X-A of the Merchant Shipping Act, 1958.
The ship owner, salvor, any person because of whose act, neglect or default,
the ship owner or salvor, as the case may be, is responsible, and an insurer of
liability for claims and the assured himself may limit his liability to the same
extent, as provided under section 352B in respect of,
a) claims arising from loss of life, personal injury, loss or damage to property
(including damage to harbour works, basins and waterways and aids to
navigation), occurring on board or in direct connection with the operation
of the ship or with salvage operations, and consequential loss resulting
therefrom;
b) claims arising out of loss resulting from delay in the carriage by sea of cargo
and passengers or their luggage;
c) claims arising out of other loss resulting from violation of rights other than
contractual rights, occurring in direct connection with the operation of the
ship or salvage operations;
d) claims of a person other than the person liable in respect of measures taken
in order to avert or minimise loss for which the person liable may limit his
liability in accordance with the applicable provisions.
e) claims for the loss of life or personal injury to passengers of a ship brought
by or on behalf of any person under the contract of passenger carriage.
Claims mentioned above shall be subject to limitation of liability even if brought
by way of recourse or for indemnity under a contract or otherwise.
Nothing in this section shall apply to―
a) claims for salvage or contribution in general average;
b) claims for oil pollution damage within the meaning of the International
Convention on Civil Liability for Oil Pollution Damage, 1992 as amended.
c) claims by servants of the ship owner or salvor whose duties are
connected with the ship or the salvage operations,
d) claims subject to any International Convention or any law governing or
prohibiting limitation of liability for nuclear damage;
e) claims against the ship owner of a nuclear ship for nuclear damage.
352B. Limitation of liability. Any person, ship owner or salvor, as the case may
be, may limit the amount of his liability in accordance with the provisions of the
Convention (Convention on Limitation of liability for Maritime Claims, 1976 as
amended) and in cases where the provisions of the Convention are not
applicable; the limit shall be in accordance with the rules made in this behalf.
The provisions of this Part shall not apply to the following vessels unless
specified otherwise by the Central Government:
a) Indian coastal vessels
b) Ships less than 300 T
c) Air-cushion vehicles
d) Floating platforms
====================================================================
Discuss statutory obligations of ship master as per M.S. Act 1958
a) To render assistance to a vessel in distress
b) In the event of collision with another vessel in high seas
====================================================================
a) To render assistance to a vessel in distress -
As per M.S. Act, 1958, Section 355 (Obligation to render assistance on receiving
signal of distress)
1) The master of an Indian ship on receiving at sea, a signal of distress or
information from any source that a vessel or aircraft is in distress shall
proceed with all speed to the assistance of the persons in distress
(informing them, if possible that he is doing so) unless he is unable or in the
special circumstances of the case, considers it unreasonable or unnecessary
to do so or unless he is released from such obligation under the provisions
of sub-section (3) and (4).
2) Where the master of any ship in distress has requisitioned any Indian ship
that has answered his call, it shall be the duty of the master of the
requisitioned ship to comply with the requisition by continuing to proceed
with all speed to the assistance of the persons in distress unless he is
released from the obligation under the provisions of sub-section (4).
3) The master shall be released from the obligation stated in sub-section (1) as
soon as he is informed of the requisition of one or more ships other than his
own and that the requisition is being complied with by the ship or ships
requisitioned.
4) The master shall be released from the obligation imposed by sub-section (1),
and if his ship has been requisitioned, from the obligation imposed by sub-
section (2), if he is informed by the persons in distress or by the Master of
any ship that has reached the persons in distress that assistance is no longer
required.
Following are the provisions of M.S. Act, 1958 with respect to desertion and
absence without leave –
2) For the purposes of sub-section (1), the fact that the ship, on which the
seaman or apprentice is engaged or to which he belongs is unseaworthy
shall be deemed to be a reasonable cause.
Provided that, before failing or refusing to join his ship or proceeding to sea
in his ship or before being absent from the ship, the seaman or apprentice
has complained to the Master or a shipping master, surveyor, seamen’s
welfare officer, port health officer, Indian consular officer or any other
officer at any port duly authorized in this regard by the Central Government,
that the ship is unseaworthy.
====================================================================
State the provisions of MSA 1958, concerning entries to be made in the Official
Log Book (OLB)
====================================================================
As per Section 213 (Entries in official log books how and when to be made)
1) An entry required by this Act in the official log book shall be made as soon
as possible after the occurrence to which it relates, and, if not made on the
same day as that occurrence, shall be made and dated so as to show the
date of the occurrence and date of entry and if made in respect of an
occurrence happening before the arrival of the ship at her final port of
discharge, shall not be made more than 24 hours after that arrival.
2) Except as otherwise provided in this Act, every entry in the official log book
shall be signed by the master and by the mate or some other member of the
crew and also—
a) an entry of injury or death, shall be signed by the medical officer on
board, if any;
b) an entry of wages due to a seaman or apprentice, or the property of a
seaman or apprentice who dies, shall be signed by the mate and by some
member of the crew besides the master.
3) Every entry made in an official log book, in the manner provided by this Act
shall be admissible in evidenced.
(The master of every such ship, upon its arrival at any port in India or at such other
time and place as directed by the Central Government, shall deliver or transmit, in
such form as the Director-General may specify, a return of the facts recorded by
him in respect of the birth of a child, or the death of a person on board the ship to
the Director-General.)
====================================================================
As per M.S. Act, 1958, enumerate the various offences against ‘On Board
Discipline’. Describe the procedure for ‘Entry of Offences’ in the Official Log
Book.
====================================================================
Entry of offences in official logs.―If any offence within the meaning of this Act,
of desertion or absence without leave or against discipline is committed, or if any
act of misconduct is committed, the entry in this regard must be made in the
following manner –
a) an entry of the offence or act shall be made in the official log book and
signed by the master, the mate and one of the crew; and
b) if the offender is still in the ship, then before the next subsequent arrival of
the ship at any port, or, if she is at the time in port, before her departure
therefrom, he must be furnished with a copy of the entry and have the same
read over distinctly and audibly to him and he may thereupon make such
reply thereto as he thinks fit; and
c) a statement of a copy of the entry having been so furnished and the entry
having been so read over and the reply, if any, made by the offender shall
likewise be entered and signed in manner aforesaid; and
d) in any subsequent legal proceedings, the OLB entries shall, if practicable, be
produced or proved. In the absence of such proof, the court hearing the
case, may in its discretion, refuse to receive evidence of the offence or act
of misconduct.
====================================================================
Explain the procedure for detention of a foreign flag vessel in India as per M.S.
Act, 1958.
====================================================================
The procedure for detention of a foreign flag vessel in India is very much similar to
that of detention of an Indian ship in India, with some differences.
Central Government may act as if the requisition had not been made, and
the owner and master shall have the like right of appeal to a Court of survey
touching the report of the surveyor.
c) where the owner or master of the ship appeals to the Court of survey, the
consular officer, at the request of the owner or master, may appoint a
competent person to be assessor in the case, who for an Indian ship is
appointed by the Central Government.
====================================================================
Give the revised terms of the articles of agreement for Indian Ships / seafarers in
compliance with MLC 2006.
====================================================================
As per Section 101 (Form and contents of the agreement)
1) An agreement with the crew shall be in the prescribed form, and shall be
dated at the time of the first signature thereof, and shall be signed by the
owner or agent and the master before any seaman signs the same.
2) The agreement with the crew shall contain following particulars, namely:
a) the name of the ship on board which the seaman undertakes to serve;
b) either the nature and, as far as practicable, the duration of the intended
voyage or engagement or the maximum period of the voyage or
engagement, and the places or parts of the world, if any, to which the
voyage or engagement is not to extend;
c) the number and description of the crew of different categories in each
department;
d) hours of work and rest in a week, as may be prescribed;
e) the time at which each seaman is to be on board or to begin work;
f) the capacity in which each seaman is to serve;
g) the amount of wages which each seaman is to receive;
h) the entitlement for leave, as may be prescribed; and
i) details of warm clothing and additional provisions to be supplied in
specified cold regions.
j) Payment of compensation for injury or death.
k) Arrangement to provide free repatriation to India if services are
terminated outside India.
l) a scale of the provisions which are to be furnished to each seaman
m) Any other stipulations as may be necessary.
3) The agreement shall provide that in the event of a dispute arising outside
India between the master, owner or agent of a ship and a seaman in respect
of any matter touching the agreement, such dispute shall be referred to the
Indian consular officer whose decision thereon shall be binding on the
parties until the return of the ship to the port in India at which the seaman is
to be discharged.
4) In the case of a ship other than an Indian ship, no such dispute shall be
referred to the Indian consular officer if such reference is contrary to the
rules of international law.
5) The agreement with the crew shall be so framed as to admit of stipulations,
to be adopted at the will of the master and seaman in each case, w.r.t. the
advance and allotment of wages and may contain any other stipulations
which are not contrary to law.
As per Section 103 (Special provisions with regard to agreements with crew
of Indian ships), every agreement made in India with the crew of an Indian
ship must be signed by each seaman in the presence of a shipping master;
The shipping master shall cause the agreement to be read over and
explained to each seaman, in a language understood by him or shall
otherwise ascertain that each seaman understands the same before he
signs it, and shall attest each signature;
When the crew is first engaged, the agreement shall be signed in duplicate,
and one part shall be retained by the shipping master, and the other part
shall be delivered to the master.
====================================================================
Discuss the term ‘seaworthiness’ from the perspective of M.S. Act, 1958. OR
Discuss the provisions of the M.S. Act, 1958 for unseaworthy and unsafe ships
with regards to –
(a) Sending an unseaworthy ship to sea
(b) Obligation of Owner and Master to crew with respect to seaworthiness
(c) Explain Certificate of Seaworthiness
(d) Interim Certificate of Class
====================================================================
(b) As per Section 335 (Obligation of owner to crew with respect to seaworthiness)
1) In every contract of service between the owner of an Indian ship and the
master or any seaman thereof, and in every contract of apprenticeship,
there shall be an obligation implied on the owner that such owner and the
master, and every agent charged with the loading of such ship or the
preparing or sending of the ship to sea, shall use all reasonable means to
ensure the seaworthiness of such ship for the intended voyage when such
voyage commences, & to keep her in a seaworthy state during the voyage.
2) For the purpose of seeing that the provisions of this section have been
complied with, the Central Government may, either at the request of the
owner or otherwise, arrange for a survey of the hull, equipment or
machinery of any sea-going ship by a surveyor.
(d) Interim Certificate of Class – The surveyor may require that the damaged ship
be dry-docked for further examination at a named subsequent port. He will then
issue an Interim Certificate of Class. It is very important to obtain the appropriate
certificate, because if anything goes wrong at later stage of the voyage, and is
traced back to the incident which required a survey, not only is the vessel’s
insurance jeopardized but also the owner will lose his rights to claim any benefit of
any exception clause in the Contract of Affreightment.
====================================================================
As per M.S. Act, 1958, write down entries to be made by Registrar in Ship’s
Register book with him.
====================================================================
At each of the ports of Bombay, Calcutta and Madras, the principal officer of
the Mercantile Marine Department, and at any other port such authority as
the Central Government may, by notification in the Official Gazette, appoint,
shall be the registrar of Indian ships at that port.
As per Section 152 (Master to take charge of the effects of deceased seamen),
1) If any seaman or apprentice engaged on any ship, the voyage of which is to
terminate in India, dies during that voyage, the master of the ship shall
report the death to the next-of-kin of the seaman or apprentice and to the
shipping master at his port of engagement and shall take charge of any
money or effects belonging to the seaman or apprentice which are on board
the ship.
2) The master shall thereupon enter in the official log book the following
particulars, namely:—
a) a statement of the amount of money and a detailed description of the
other effects;
b) a statement of the sum due to the deceased for wages and of the
amount of deduction, if any, to be made from the wages.
3) The said money, balance of wages and other effects in this Act are referred
to as the property of the seaman or apprentice.
====================================================================
As per M.S. Act, 1958, when a CDC can be withdrawn from a seaman?
Under the M.S. Act, explain the duties of a Master when your vessel meets with a
major accident.
====================================================================
===================================================================
As per M.S. Act 1958, describe the duties of the Master after collision and
‘apportionment of liability’.
===================================================================
Following are the duties of the Master after collisions –
1) Section 348 - In every case of collision between two ships, it shall be the
duty of the master or person in charge of each ship, if and so far as he can
do so without danger to his own ship, crew and passengers, if any―
a) to render to the other ship, her master, crew and passengers, if any, such
assistance as may be practicable and may be necessary to save them
from any danger caused by the collision and to stay by the other ship
until he has ascertained that she has no need of further assistance, and
b) to give to the masters or persons in-charge of the other ships the name
of his own ship and of the port to which she belongs and also the names
of the ports from which she comes and to which she is bound.
2) Section 349 - In every case of collision in which it is practicable so to do, the
master of every ship concerned shall, immediately after the occurrence,
cause a statement of the occurrence and of the circumstances under which
the same occurred, to be entered in the official log book, if any, and the
entry shall be signed by the master and also by the mate or one of the crew.
3) Section 350 - When a ship has sustained or caused any accident causing loss
of life or any serious injury to any person or has received any material
damage affecting her seaworthiness or her efficiency either in her hull or
machinery so as to affect the Certificates issued under this Act, the owner or
master shall, within 24 hours after the happening of the accident or damage
or as soon thereafter as possible, transmit to the Central Government or the
nearest principal officer, a report of the accident or damage and of the
probable cause thereof, stating the name of the ship, her official number, if
any, her port of registry and the place where she is.
After having regard to all the circumstances of the case, if it is not possible
to establish different degrees of fault, the liability shall be apportioned
equally.
References to damage or loss caused by the fault of a ship shall include any
salvage cost or other expenses, resulting from that fault.
===================================================================
What are the provisions of the M.S. Act, 1958, regarding the Cerificate of Registry
with respect to:
(a) Custody and use of certificate
(b) Change of Master or Owner
(c) Defaced or Lost certificate
(d) Ships purchased / construction abroad for an Indian Owner
(e) Alteration to ship affecting her tonnage and description
====================================================================
(a) Custody and use of certificate
The certificate of registry shall be used only for the lawful navigation of the
ship, and shall not be subject to detention by any owner, mortgagee or
other person.
No person who has in his possession or under his control the certificate of
registry of a ship, shall refuse or omit without reasonable cause to deliver
such certificate on demand to the person entitled to its custody for running
the ship or to any registrar, customs collector or other person entitled by
law to require such delivery.
Any person refusing to deliver the certificate as required by above sub-
section, may, by order, be summoned by any Judicial Magistrate of the first
class or any Metropolitan Magistrate, to appear before him and to be
examined.
If the person is proved to have absconded and the order of the magistrate
cannot be served on him, or if he persists in not delivering up the certificate,
the said Magistrate shall certify the fact, and the same proceedings may
then be taken as in the case of a certificate mislaid, lost or destroyed.
If the master or owner of an Indian ship uses or attempts to use for her
navigation a certificate of registry not legally granted in respect of the ship,
he shall be guilty of an offence under this sub-section and the ship shall be
liable to forfeiture.
The particulars of the alteration made and the fact of the new certificate
having been granted, or endorsement having been made, shall be entered
by the registrar in his register book.
===================================================================
State the procedure for transferring the Registry of an Indian Ship from one Port
to another.
===================================================================
The Registry of any Indian Ship may be transferred from one Indian port to
another Indian port with the prior approval of the Director-General.
All persons entered as Owners and Mortgagees in the Register book must
apply to the Registrar at the vessel’s existing Port of Registry. Such a
transfer does not affect the rights of the Owners or the Mortgagees.
The present Registrar shall, then inform the Registrar at the intended Port
of Registry giving all the details as contained in the Register Book.
The existing Certificate of Registry may be handed over to the Registrar at
the vessel’s present Port of Registry or the Registrar at the intended Port of
Registry.
If the Certificate of Registry is handed over to the Registrar of the present
Port of Registry, he shall forward the same to the intended Port of Registry.
The Registrar at the ship’s intended Port of Registry shall then enter all the
particulars as informed to him, in the Register Book, and issue a new
Certificate of Registry. He shall also cause the name of the ship’s new Port
of Registry to be marked on the ship.
===================================================================
What is ‘Shipping Casualty’ and the provisions under MS Act for reporting the
same.
===================================================================
A shipping casualty shall be deemed to occur when―
a) on or near the coasts of India, any ship is lost, abandoned, stranded or
materially damaged;
b) on or near the coasts of India, any ship causes loss or material damage to
any other ship;
In case of (a), (b), and (c), the master, pilot, harbour master or other person
in charge of the ship, or (where two ships are concerned) in charge of each
ship at the time of the shipping casualty, shall, on arriving in India, give
immediate notice of the shipping casualty to the officer appointed in this
behalf by the Central Government.
In case of (d), the master of the ship, shall, on arriving in India, give
immediate notice of the shipping casualty to the officer appointed in this
behalf by the Central Government.
Whenever any such officer appointed by the Central Government, receives
credible information that a shipping casualty has occurred, he shall
forthwith report in writing the information to the Central Government; and
may proceed to make a preliminary inquiry into the casualty. After making a
preliminary inquiry, he shall send a report thereof to the Central
Government or such other authority as may be appointed by it in this behalf.
===================================================================
What is included under the definition of ‘Wreck’ under MSA 1958? What are its
provisions as regards to the preservation of life and property of a vessel wrecked
on or near the Indian Coast?
===================================================================
As per MSA 1958, ‘wreck’ includes the following when found in the sea or in
the tidal water or on the shores thereof,
1) Goods cast or fallen into the sea & then sunk and remained under water.
2) Goods cast or fallen into the sea and remain floating on the surface.
3) Goods which are sunk into the sea, but are attached to a floating object
in order that they may be found again.
4) Goods which are thrown away or abandoned and,
5) A vessel abandoned without hope or intention of recovery.
===================================================================
State the documents to be submitted to the shipping agent in Indian ports for
obtaining outward port clearance.
===================================================================
The shipping agent will provide the vessel with a list of documents required for
outward port clearance well in advance of the ship’s arrival in port. Following are
the documents that are usually required to be submitted to the shipping agent in
Indian ports for obtaining outward port clearance:
1) Cargo Declaration
2) Declaration of Ship’s stores
3) Crew / Passenger List
4) Certificate of Registry
5) Load Line Certificate
6) Safety Construction Certificate
7) Safety Equipment Certificate
8) Safety Radio Certificate
9) De-ratting / De-ratting exemption certificate
10) Certificate of Insurance (CLC-Oil, CLC-Bunker, Wreck, P&I, H&M, etc)
11) Light Dues Receipt
12) Articles of Agreement
====================================================================
Describe the procedure of Registration of Indian ships.
====================================================================
A ship shall not be deemed to be an Indian ship unless owned wholly by;
1. persons who are citizens of India;
2. a company or a body established under any Central or State Act which
has its principal place of business in India; or
3. a co-operative society registered under the Co-operative Societies Act.
7. Entry of particulars in register book – Once all the above steps are
carried out, the registrar shall enter the following particulars in the
register book
a) the name of the ship and her Port of Registry
b) The ship identification number
c) Details contained in the surveyor’s certificate
d) Particulars of her origin stated in the declaration of ownership; and
e) Name and description of her registered owner or owners, and, if there
are more than one owner, the number of shares owned by each of
them.
-----------------------XXXXXXX--------------------
MISC QUESTIONS
(Marine Insurance, Salvage, Port of Refuge)
====================================================================
Explain 'deductible clause' under H&M
====================================================================
====================================================================
Define Port of refuge / place of refuge. Describe in brief the involvement of IMO
in this regard.
====================================================================
A port of refuge is a port or place that a vessel diverts to when her master
considers it unsafe to continue the voyage due to a peril that threatens the
common safety.
The loss of ships such as the ‘Erika’, ‘Prestige’ and ‘Castor’ in the past has
been accountable enough for IMO to take up the issue of ‘Port of Refuge’
and formulate newer and stricter guidelines and recommendations for ships
in need of assistance.
Two resolutions were adopted addressing the issue of places of refuge for
ships in distress. It was an important step in assisting those involved in
incidents that may lead to the need for a place of refuge to make the right
decisions at the right time.
1. The first resolution gives guidelines that are intended for use when a ship is
in need of assistance, but the safety of life is NOT involved. Where the
safety of life is involved, the provisions of the SAR Convention should
continue to be followed. Under this resolution, the guidelines recognize
that, when a ship has suffered an incident, the best way of preventing
damage or pollution from its progressive deterioration is to transfer its
cargo and bunkers, and to repair the casualty. Such an operation is best
carried out in a place of refuge. However, to bring such a ship into a place of
refuge near a coast may endanger the coastal State, both economically and
from the environmental point of view, and local authorities may strongly
object to the operation. Therefore, granting access to a place of refuge
could involve a political decision which can only be taken on a case-by-case
basis.
2. The second resolution recommends that all coastal States should establish a
maritime assistance service (MAS). The principal purposes would be to
receive the various reports, consultations and notifications as required and
monitor the ship's situation, to see if such a report indicates that an incident
may give rise to a situation whereby the ship may be in need of assistance. It
should serve as the point of contact between the ship and the coastal State.
====================================================================
List various circumstances under which master may call this port/place. Describe
procedure to be followed upon deviating to port of refuge and action to be
taken if general average has arisen.
====================================================================
The Master should take in consideration the following factors before finally
deciding upon for a place of refuge –
1. Human life at stake
2. Nature and condition of damage
3. Condition of cargo onboard
4. Environmental threat / Risk of Pollution
5. Availability of Salvors
6. Distance and estimated transit period to the place of refuge
7. Insurance against such incidents
1. Inform the owners and charters about the condition of the ship.
2. Note the exact position of the Ship.
3. Maintain a separate record for all the additional expenditure that would be
involved in the process.
4. Ensure an agent is appointed who would inform the relevant parties for
port formalities and for other necessary services required. Ensure Class is
informed. Ensure insurance agent is informed for damage to ship’s structure
and P&I for damage to cargo.
5. Ensure that the owners and charters declare “general average”.
6. On reaching the Place of Refuge safety, issue a note of protest and reserve
the right to extend the protest.
7. General Average Bond and Guarantee Forms are to be signed for exercising
‘Lien’ on cargo.
8. Prepare all statements based on the facts and avoid ambiguities that may
affect the owners. Take help from P&I representative.
9. Co-operate with the H&M surveyors, Class surveyors, Cargo inspectors, PSC
officers, etc. attending the vessel for completing the obligatory inspections
and paperwork.
10. After all repairs and surveys, if the ship is found sea worthy, an interim
certificate is issued. Send the relevant documents to the owners for onward
transmission to average adjuster.
====================================================================
Who is an insurance surveyor and average adjuster?
====================================================================
Insurance Surveyor:
Average Adjusters:
Whenever there is general average loss, all parties involved in the marine
adventure will then pay a ratable (able to be estimated) contribution
towards that general average loss.
Average adjusters are experts in the law and practice of general average
and marine insurance. They prepare claims under marine insurance policies
which generally involve loss or damage to ships, their cargoes or freight.
They are called upon to prepare statements of claim against third parties
and to deal with the division of recoveries from third parties. (who has to
contribute how much)
Average Adjusters are also involved in collecting general average security,
and also salvage security. They are mainly involved in effecting settlements
in General Average, usually as per York Antwerp rules.
Average Adjusters may be appointed by any party involved in a marine
claim. However, irrespective of the identity of that party, the Average
Adjuster is bound to act in an impartial and independent manner.
====================================================================
Write short notes on Floating Policy, Open Cover and Tender Clause
====================================================================
Floating Policy is a policy that describes the general terms and leaves the
amount of each shipment, ship’s name and other particulars to be declared
later on. The subsequent declarations can be made by endorsement on the
policy.
Whenever there is a large exporter who makes a number of shipments, it is
very difficult for him to negotiate an insurance policy every time. The
insurance company provides him a blanket cover containing all T&C’s for
shipments to be made in a certain period. Hence, it is suitable for a cargo-
owner who makes regular shipments of cargoes. All his shipments are
automatically covered as soon as the declarations are made.
This is a signed document and hence, legal. The policy is taken for a round
large sum. The premium for each shipment is decided on the basis of a fixed
amount depending on the value of goods exported. With each shipment,
the amount will be reduced till it is exhausted when the insured sum is said
to be 'closed' and the policy is 'fully declared' or, 'run off’. Thereafter, the
policy must be renegotiated.
Open cover is a type of marine insurance policy in which the insurer agrees
to provide coverage for all cargo shipped during the policy period.
It is an agreement between the assured and the insurer by which the
assured on his part agrees to ‘declare’, and the insurer on his part agrees to
accept all the shipments falling within the scope of the 'open cover'. All
such agreed declarations between the assured and the insurer are written
on the back of the policy.
The insurance contract remains in force until cancelled.
Under the open policy, individual successive shipments are periodically
reported or declared to the insurer and automatically covered on or after
the commencement date.
Open policies can provide efficiency and savings for all parties concerned,
especially when the insured conducts a significant volume of highly similar
transactions.
It is a form of long term marine insurance contract whereby the insurer
guarantees to accept risks that are declared by the assured as they arise
during the duration of the marine insurance contract.
Tender clause is a clause that authorizes the insured to repair the vessel if
necessary during the voyage in any port and claim the expenses of repair.
If insured neglects the repairs resulting in marine loss the insurance
company can deduct a pre-determined amount from the claim for such
negligence.
====================================================================
Describe the following: (a) Actual Total Loss (b) Constructive Total Loss
(c) General Average Loss (d) Particular Average Loss
====================================================================
Any marine loss can be divided into Total Loss and Partial Loss:
Total Loss – The total loss takes place when the insured property is
completely destroyed. For example, the ship is drowned into sea water or
destroyed totally in collision. In case of total loss insurance company pays
the actual value of loss or sum assured whichever is less.
Partial loss- When the property insured is not completely damaged or
destroyed, it is called partial loss. It can be general average loss or particular
average loss.
A) Actual Total Loss - Actual total loss takes place if the subject matter of
insurance is totally damaged or destroyed or the insured cannot possess it
in future. For example, ship is totally destroyed by collision or fire, or sea
water has entered heavily is sugar bags or cement bags.
====================================================================
What is a ‘Notice of abandonment’ with regards to Marine insurance?
====================================================================
Notice of Abandonment is a formal notice of relinquishment (giving up) or
unconditional surrender of all rights to a property, cargo, or ship by its
insured owner (ship owner or cargo owner) to the insurer in the event of a
constructive total loss. By this notice, the assured declares its intention to
treat the loss as actual total loss.
The notice must be given with reasonable diligence otherwise (or in the
absence of a notice) the loss may be considered partial and the assured will
only get a partial insurance compensation.
This notice of abandonment need not be in any particular form but must be
clear and should indicate to the insurer that the insured unconditionally
abandons the subject matter of insurance to the insurer and claims a total
loss under the policy.
The notice of abandonment should be given within a reasonable time after
the assured has received reliable information of the loss.
====================================================================
Explain the terms ‘Particular charge’, ‘Barratry’ and ‘Sister Ship clause’ in relation
to Marine Insurance.
====================================================================
Barratry – This means any wrongful act done willingly by the Master or any of the
crew against the Owner and includes:
1. Any willful act of violence to the ship or her cargo
2. Any wrongful appropriation of the ship or her cargo
3. Any willful act which exposes the ship or her cargo to damage or
confiscation.
Sister Ship Clause – Under this clause, the assured is able to claim for insurance in
case the ship insured collides with another ship belonging wholly or partly to the
assured. He is also able to claim for salvage operations when such assistance is
provided by one of his own ships. This clause is important in a way that when two
of his own ships are involved, the owner cannot sue himself nor can he claim
salvage from himself.
====================================================================
What is deviation under Marine insurance? Under what circumstances can it be
excused?
====================================================================
A voyage policy generally defines the Port of Call for the vessel. If the vessel
deviates without a lawful reason, then the underwriters are discharged from their
liability from the time of deviation, even if the ship may have regained her route
before any loss occurs. There is a deviation whenever;
1. The route designated by the policy is departed from.
2. If no route has been designated, the customary route is departed from.
3. Where the Ports of discharge are not named or if named, are not mentioned
in any particular order, the vessel must proceed to them in a strict
geographical order and failure to do so may amount to deviation.
4. The voyage must be completed with reasonable dispatch and any
unreasonable delays amounts to deviation.
Any deviation leads to the policy being Null and Void. However, deviation or delay
may be justified and excused when,
1. For the purpose of saving human life or for aiding a ship in distress where
human life may be in danger.
2. Reasonably necessary for safety of ship, or the property insured.
3. Authorized by any special terms of the policy.
4. Where caused by the circumstances beyond the control of the assured.
5. Reasonably necessary to comply with any express or implied condition.
6. Reasonably necessary for the purpose of obtaining medical or surgical aid.
7. Caused barratrously by the Master or crew, when Barratry is one of the
Perils insured against.
====================================================================
Discuss the factors to be taken into consideration before making an offer to tow
another vessel which is disabled but not in distress. When does towage become
salvage?
====================================================================
Prior offering to tow a disabled vessel, the master must verify if he is permitted to
do so by the C/P or the B/L. In addition, the following points must be carefully
considered:
====================================================================
The use of LOF offers several advantages to the concerned parties. Discuss these
advantages from the point of view of the Salver and the Owner of the property.
====================================================================
The advantages of LOF for the Salver are –
1. He has a readily available agreement which is unlikely to be challenged.
2. His remuneration is referable to arbitration and he does not have to resort
to court cases which can be expensive and time consuming.
3. He retains his right of lien.
4. There is a provision of special compensation if the salver fails to carry out
the salvage, but has been diligent and prevented damage to environment
during the salvage operations.
5. He has the right to terminate the Contract when he feels there is no useful
result leading to a Salvage reward.
6. The LOF requires the Owner of the property to provide salvage security.
====================================================================
Explain when does the salvage service is deemed completed as per LOF 2011.
====================================================================
The Contractors agree to use their best endeavours to salve the property
and to take the property to the place as mentioned in the LOF or to such
other place as may be later agreed, or in the absence of any subsequent
agreement, to a place of safety.
When there is no longer any reasonable prospect of a useful result leading
to a salvage reward or special compensation, either the owners of the
vessel or the Contractors shall be entitled to terminate the services by
giving reasonable prior written notice to the other.
The Contractors' services shall be deemed to have been performed
(completed) when the property is in a safe condition in the place as stated
in the LOF or agreed later or in the absence of any subsequent agreement,
in a place of safety.
The property shall be regarded as being in ‘safe’ condition, (despite that the
property is damaged or in need of maintenance)
1. If the Contractors are not obliged to remain in attendance anymore as
regarded by the authorities.
2. If the continuation of skilled salvage services from the Contractors or
other salvors is no longer necessary to avoid the property becoming lost
or significantly further damaged or delayed.
-------------XXXXX--------------
MISC QUESTIONS
(B/L, C/P, Hague Visby, Cargo Docs, etc.)
====================================================================
Briefly explain your actions as a Master in the following circumstances:
A) While giving authority to agent to sign the B/L.
B) Before allowing discharge at destination port.
C) Shipping asking you to carry original B/L onboard & deliver cargo against it.
====================================================================
Cargo must be delivered to a bona-fide holder of the B/L. If the B/L is open,
then the cargo can be delivered to anybody who presents it, provided that
the master has not been informed of any theft or fraud.
If the B/L is straight, the master should check that the person claiming
delivery is the same as the person named in the B/L.
If the B/L is negotiable, it is very important that the master checks whether
the B/L is properly endorsed and the person claiming delivery of goods is
entitled to the goods.
Once the master has done all of this, he will endorse the B/L as
accomplished and date and sign the B/L with this remark. At this time, all
other original B/L’s wherever they may be, become invalid. On
accomplishing the B/L, the agent or master issues the holder of the B/L a
delivery note, which the holder will present to take delivery of the cargo.
C) Shipping asking you to carry original B/L onboard & deliver cargo against it.
A shipper may pressurize the Master to retain onboard one original B/L out
of the set (of usually 3) issued with the instructions to hand it over to the
intended receiver to avoid the possibility of there being no B/L for
presentation at the discharge port.
Master should refuse to retain any original B/L if it is ‘To Order’ or ‘Open B/L’
as the consignee is not known, delivery will not be possible.
If the B/L is a straight B/L then it can be accepted and a copy of the receipt
of the B/L must be retained onboard. The intended receiver presents the
original B/L back to the Master to claim delivery of the goods.
However, such a practice has a great deal of risk attached to it. Firstly, if
there is any claim, it will be deemed that the Master acted in bad faith by
delivering the cargo against an original B/L retained onboard. Moreover, the
carrier will be liable for wrongful delivery of goods and for compensating
the rightful owner for the full value of the cargo.
P&I cover may also be lost. They recommend the B/L to be claused as “one
original B/L retained onboard against which delivery of cargo may be
properly made on instructions received from the shipper / charterer.”
====================================================================
Briefly explain your actions as a Master in the following circumstances:
A) Two different persons present original B/L at discharge port.
B) When receiver asks for delivery of cargo without B/L as B/L has been delayed.
====================================================================
If such a situation arises, consult the ship owner’s P&I club correspondent.
The B/L’s may be left with the court of law to settle the dispute. In the
meantime, the ship may be required to land the goods to a warehouse/tank,
etc. where they will be held until the dispute has been settled and the
freight and charges have been paid.
B) When receiver asks for delivery of cargo without B/L as B/L has been delayed.
The receiver may claim that the B/L is lost, stolen or delayed. If so, there is a
serious risk of fraud.
If the Master due to negligence, delivers the goods to a wrong party
without first requiring a original B/L, the carrier will be held wholly liable for
the consequences and will receive no backing from the P&I club or
sympathy from the courts.
Wrongful delivery may also result in the arrest of the vessel and sale of the
ship to recover the cargo’s full value for the rightful owner.
It is likely that the B/L is merely delayed. The goods in such a case may be
delivered with the Letter of Indemnity (LOI) backed by a first class Bank’s
guarantee. The LOI must be signed by the consignee and the bank’s
representative. This method of delivery is acceptable to the P&I clubs.
The LOI is usually sent to the Charterer, who will check that the LOI has
been endorsed by a first class bank and contains adequate financial and
time limits. It must be original and must contain the required information
about the cargo including the authorization of the cargo owner to release
the goods. The Master must obtain express written authority from the
Charterer’s, if the LOI has been received, reviewed and if the goods can be
delivered against it.
====================================================================
Describe the Documentary system of credit, its advantages and disadvantages to
buyer and seller.
====================================================================
====================================================================
Differentiate between Mate’s receipt and Bill of lading.
====================================================================
====================================================================
Explain the contents and significance of the Mate’s Receipt.
====================================================================
A mate’s receipt is a receipt given and signed by the Mate, for goods
actually received on board the ship, and is used for all types of cargoes
except liner trades. MR is neither a document of title to the goods shipped
nor does any title transfer by its endorsement or transfer.
It is vital that the information contained in the MR is correct, as details in the
B/L are entered on the basis of a MR.
The MR should be prepared from a ship’s tally / measurement and show the
actual quantity and condition of the goods as received. It should not be
copied directly from the shipping note presented by the shipper.
The MR is the first evidence that the goods are received and statements on
the document describe the quantity of goods, any identifying marks and the
apparent condition.
The MR is given to the Port Trust, who hands it over to the shipper or his
representative after all port dues are paid. The shipper or his agent would
then take the mate's receipt to the master or his agent to exchange it for a
bill of lading, which would incorporate any conditions inserted into the
mate's receipt.
In a C/P, a clause will require the master to sign B/L as presented, but in
accordance with mate’s receipts. If it is impracticable for the master to sign
the B/L, he can authorize the port agent to do so on his behalf, but also in
accordance with the mate's receipts.
Contents of the Mate’s receipt are as follows:
1. Name of the vessel and Date of issue.
2. Name and address of the Shipper.
3. Name of the Load Port and Discharge Port
4. Description of cargo in terms of name of cargo and quality. (“Received
this day in apparent good order and condition”)
5. Stowage of cargo (Number of holds / tanks)
6. Marks and container numbers, packing and container description.
7. Description of goods in terms of quantity (total number of container or
packages)
8. Gross weight in ‘kgs’ and volume in ‘cubic metres’. (“said to weigh”)
9. Shipping bill number and date.
10. Signature and Name of the Chief Mate.
====================================================================
What precautions are to be taken prior signing the Bill of lading?
====================================================================
The following information must be carefully checked prior signing the B/L:
1. Shipper’s identity – It is the shipper’s responsibility to provide accurate
information about the cargo. If any of this information is untrue and results
in a liability on the carrier, the shipper may be liable to indemnify the carrier.
It is therefore essential that the shipper’s name & identity appears in full on
the B/L.
2. Vessel’s Name –must be accurately shown in the B/L which is for cargo
actually loaded onboard, rather than for a B/L for cargo “Received for
shipment”.
====================================================================
Write a short note on Letter of Indemnity.
====================================================================
Letter of Indemnity is a letter or a guarantee that indemnifies the carrier for
some non-contractual risk that he is willing to take. There are various
situations in which a carrier may be offered a LOI. In each case, this offer will
be made in return for the owner taking on some non-contractual risks.
The most common situation where a LOI is offered is for delivery of cargo
without production of a B/L. The speed of carriage of goods has increased
so that ships are more liable to arrive at a discharge port before the
necessary paperwork. In such situation, the goods may be delivered on
receipt of a LOI backed by a bank’s guarantee. The LOI must be signed by
the consignee and the representative of the bank, which can meet any
future claims. Express written permission must be obtained from the
charterer / cargo owner before delivering cargo against a LOI. Another
reason for a LOI could be for delivering cargo at a port other than that
shown on the face of the bill of lading.
When a LOI is offered, it is very important to ensure creditworthiness of the
issuer, authority of person signing the LOI & the prospects of enforceability.
Another type of LOI is a shipment LOI where LOI is issued by the shipper /
cargo owner and the Master is requested to issue a B/L (clean) that contains
a representation, about matters such as the condition or quantity of the
cargo, which are not correct. The shipper issues a LOI indemnifying the
Master against any claim or discrepancy arising later between the actual
cargo and the representation on the B/L.
====================================================================
Write a short note on ‘Safe berth’ and ‘NAABSA’ clause and ‘indemnity clause’ of
a Charter Party.
====================================================================
Safe Berth – As per any Charter Party, a charterer is supposed to appoint a
safe port and a safe berth for the vessel. A safe port / berth is defined as any
port or berth where the vessel can safety enter, stay and leave without any
extraordinary efforts and without being exposed to dangers which cannot
be avoided by good navigation or seamanship.
‘Safe Berth, always safely afloat’ – Charter Parties sometimes add ‘always
safely afloat’ which means that the vessel will not rest on the ground. In
some ports, the ship is aground when approaching or at berth. In order to
prevent a vessel from being ordered to proceed to a berth where she
cannot load or discharge without touching the ground or a berth which can
only be reached safely after discharging part of the cargo into lighters or
which can only be reached on spring tidal conditions, the so-called "always
safely afloat clause" is inserted in the charter-party.
NAABSA - In some ports where the bottom consists of soft mud, it may be
agreed that the vessel may lie safely aground at low tide. This is as per the
C/P clause that says "Not always afloat but safely aground" (NAABSA).
====================================================================
Differentiate between Shippers declaration and cargo manifest.
====================================================================
Cargo Manifest – It is a shipping document used by customs personnel reviewing
a particular transport vehicle's intended trip that summarizes all bills of lading that
have been issued by the carrier or its representative for that particular shipment.
For example, a cargo manifest might be used for shipments made by sea, air or
land, and will generally show the shipment's consigner and consignee, as well as
listing product details such as number, value, origin and destination.
Shipper’s Declaration - It is the form used to describe hazardous materials in a
container or being shipped on a vessel. The IMO shipper’s declaration form is
mandatory for shipments of dangerous goods by sea as advised by the IMO. The
shipper must certify that the contents are fully and accurately described by proper
shipping name, are classified, packed, marked and labelled, and are in all respects
in the proper condition for transport by sea, according to the applicable
regulations. These documents contain description of cargo, including above
declaration made by the shipper of the goods. It is also required for booking of
the sea container.
====================================================================
Is contract of Affreightment a contract of bailment? Discuss in relation with the
conflicting interest of shipper and carrier
====================================================================
Contract of Bailment is a Contract where one party delivers goods to the other
upon return basis to fulfill a specific purpose. It includes two parties namely; bailer
and bailee. The person who is delivering the goods is called bailer and the person
to whom goods are delivered, is called bailee. For example, A has handed over his
fan to B for the purpose of repairs. It is bailment contract. A is bailer and B is
bailee.
====================================================================
Distinguish between a voyage charter and time charter.
====================================================================
In case the charterer short loads the As vessel is time chartered, there is no
ship, he has to pay dead freight. such provision.
There is no provision of off-hire once Provisions for off-hire are made in case
the vessel has been chartered. of breakdown of vessel’s equipments.
If ship carries out salvage, charterer has
If ship carries out salvage, owner and
no right on the salvage reward earned. charterer have equal right on the
salvage reward after deduction of the
share of the Master and crew.
No survey for damage to vessels is done A survey is done at the time of delivery
at the beginning of the C/P. and re-delivery.
====================================================================
Distinguish between a Time charter and Demise charter.
====================================================================
====================================================================
(a) Explain the obligations of the carrier in respect of dangerous cargo as per
Hague rules.
(b) Explain the immunities granted to the carrier in respect of dangerous cargo
as per Hague rules.
====================================================================
1. The Hague and Hague-Visby Rules do not define "dangerous goods" but
do make special provisions where goods of an inflammable, explosive or
dangerous nature are carried.
2. If the dangerous goods have been loaded without the consent or
knowledge of the carrier, master or agent of the carrier, then the goods
may, at any time, be landed, destroyed or neutralized by the carrier
without compensation to be paid to the shipper; and the shipper is liable
for all damages and expenses, directly or indirectly arising out of or
resulting from such shipment.
3. If any such goods shipped with such knowledge and consent shall
become a danger to the ship or cargo, they may in like manner be landed
at any place, or destroyed or neutralized by the carrier without liability
on the part of the carrier except to general average, if any.
====================================================================
Distinguish between Hague and Hague-Visby Rules.
====================================================================
====================================================================
Discuss deviation under Charter Party, Marine Insurance and COGSA.
====================================================================
Under a C/P, it is a ‘deviation clause’ that requires a ship not to deviate from the
contract route or the usual route except as provided as provided in the contract or
for some exceptional reasons. For a multiple port discharge, where there is no
special order mentioned, the ship must go to them in a strict geographical order
and failure to do so amounts to deviation. Further, if goods are not carried in a
manner which is customary to the carriage of such goods, it amounts to deviation.
Deviation to save life or property is not treated as deviation. Force majeure
(unforeseeable circumstances that prevent someone from fulfilling a contract) is
not considered deviation.
Under Marine Insurance, the deviation clause is the same as that for charter party.
If a vessel deviates without a lawful excuse, the underwriter is discharged from his
liability, starting from the time of deviation, regardless if the vessel has regained
her route after which there is loss or damage occurs.
Under COGSA, the deviation clause states that the vessel cannot deviate from the
intended route unless such deviation is made for saving life or property.
====================================================================
Discuss the Customs House facilities which have to be observed before a vessel
can:
(A) Discharge import cargo
(B) Load export cargo
(C) Depart a port
====================================================================
A) Before discharging Import Cargo -
Master of a ship carrying import cargo, within 24 hours of arrival must
deliver the Import General Manifest to the designated Customs officer. The
master must inform the customs by providing a certificate stating who is his
Agent responsible to transact all business on behalf of the Master in that
port.
The Agent files a general declaration stating details of the vessel, date of
arrival, Master’s name, previous port and next port and last ports of call.
The following documents are filed along with the general declaration:
1. Port Clearance of Last Port of Call.
2. Cargo declaration
3. Stores List
4. Crew List and Passenger List
5. Crew effects declaration
6. Maritime declaration of health.
If all documents are in order, the vessel is granted ‘Entry inwards’ by the
Customs. The master may also be required to provide the following
documents:
1. Currency declaration
2. Arms and ammunition list.
3. Deck cargo declaration
4. Certificate of dangerous drugs onboard
The master is then required to furnish a certificate stating that the ship is
ready to discharge. Import cargo is discharged and stored only at approved
places under the supervision of the customs.
===================================================================
Define Pilgrim Ship and Notice of Sailing required under MS Act, 1958.
====================================================================
‘Pilgrim” means a person making a pilgrimage and, in the case of a
passenger on board a pilgrim ship, includes every person accompanying or
travelling with the person making the pilgrimage.
“Pilgrimage” means pilgrimage to any holy place in the Hedjaz or to any
other place declared by the Central Government to be a place of pilgrimage
by notification in Official Gazette.
“Pilgrim ship” means a special trade passenger ship which makes a voyage
to or from the Hedjaz, or, as the case may be, to or from any other place of
pilgrimage as declared by the Central Government, during the season of the
pilgrimage and which carries pilgrims in a proportion of not less than one
pilgrim for every one hundred tons of the gross tonnage of the ship.
Notice of Sailing –
The master, owner or agent of a special trade passenger ship or a pilgrim
ship so departing or proceeding, shall give notice to an officer appointed in
this behalf by the Central Government. This notice must state
1. That the ship is to carry special trade passengers or pilgrims
2. Place of her destination and of the proposed time of sailing.
====================================================================
What is P&I? How does it protect the interest of the seafarers? Explain the
principles on which the P&I club operate.
====================================================================
P & I stands for protection and indemnity. The P & I club is a non-
governmental, non-profitable, mutual or cooperative association that
protects the interests of the shipowners, ship-operators and charterers of
the ship against third party claims in the form of insurance. It also supports
seafarers’ safety and well being by providing the required necessities.
The three essential elements of shipping industry are the ship, the seafarers
and the cargo. The one part which is directly connected to all the three is
the “Risk” involved in transporting the cargo on a ship by seafarers.
Because of the risk to lives of the seafarers, the cargo and the ship, P & I
insurance is a significant aspect of sailing.
Human life can be at risk due to illness, injury by accident or even death by
hazards. P&I club provides compensation in the form of insurance cover for
the seafarers covering the risks due to illness, injury or death. This not only
helps him in the difficult time but also to the seafarer’s family in case of
death of their earning member.
P&I clubs which works on the principle of “mutual sharing or pooling of the
risk”. Mutual sharing of the risk means that all members of the club share
each other’s risks. ‘Pooling’ means grouping together for the purposes of
maximizing advantage or minimizing risk to the users. (such as Car Pooling)
For example, 10 shipowners form a club for sharing each other’s risk. All
these 10 shipowners have one ship each which is of the same type, size and
value. At the end of the year, one ship had third party claim of USD 20000 to
pay, out of which USD 10000 is deductibles which will be paid by the
member himself. The remaining USD 10000 will be shared by all the 10
shipowners equally.
--------------XXXXXX---------------