Mariners Role in Collecting Evidence Handbook North of England Member

THE MARINER’S ROLE IN COLLECTING EVIDENCE HANDBOOK
THE MARINER’S ROLE IN

COLLECTING EVIDENCE
HANDBOOK
A GUIDE TO GOOD PRACTICE
THE MARINER’S
There are two main types of evidence: ‘factual
evidence’, which is what a witness actually
North of England P&I Association has
offices in the UK, Greece, Hong Kong, ROLE IN COLLECTING
EVIDENCE HANDBOOK
Japan and Singapore and is one of the
said or did or saw at the time of an incident and leading international mutual marine liability
‘opinion evidence’, which is what a witness insurers with over 120 million GT of entered
tonnage. Founded in 1860, the Association
thought about what happened. This handbook is has long recognised the importance of
about collecting and preserving factual evidence. providing practical loss prevention advice
It is intended to give guidance to mariners about to its members, believing this to be the most
effective way to reduce the number and scale
the different types of factual evidence relevant of claims. The Association has developed a
to the more common incidents and accidents on world-wide reputation for the quality and
board ships, helping them to collect and preserve diversity of its loss prevention initiatives,
which include this series of loss prevention
the very best evidence. Example lists of evidence guides co-authored with industry experts.
for the more common incidents are included in
each chapter. The lists provide comprehensive
guidance to the nature and extent of evidence that
may be required.

NORTH OF ENGLAND P&I ASSOCIATION
ISBN 978-0-9558257-6-7
NORTH OF ENGLAND P&I ASSOCIATION NORTH OF ENGLAND P&I ASSOCIATION

Authorised User (See Terms of Use): Member of North of England P&I Association
THE MARINER’S
ROLE IN COLLECTING
EVIDENCE HANDBOOK

Published by North of England P&I Association Limited

The Mariner’s Role in Collecting Evidence Handbook
The Quayside, Newcastle upon Tyne, NE1 3DU, United Kingdom
Telephone: +44 191 232 5221

Fax: +44 191 261 0540
Email: loss.prevention@nepia.com
Website: www.nepia.com
All rights reserved. No part of this publication, other than the evidence lists,
may be reproduced, stored in a retrieval system or transmitted, in any form or
by any means (electronic, mechanical, photocopying, recording or otherwise)
without the written permission of the publisher.
Copyright © North of England P&l Association Limited 2010
ISBN 978-0-9558257-6-7
Author: North of England P&l Association
Acknowledgements: This handbook has been published as a companion

volume to The Nautical Institute’s book The Mariner’s Role in Collecting
Evidence in association with The Nautical Institute, which has published its
own version (ISBN 978-1-870077-76-7). North of England P&I Association,
as author of both versions of the handbook, is grateful to the editors and
contributors to The Mariner’s Role in Collecting Evidence for information included
in the evidence lists in the handbook. The Association is also grateful to all
contributors to the handbook, including principal editors Mike Asherson,
Tony Baker, Tony Forster, Michael Hope, Eamon Maloney and Belinda Ward.
Printed and bound in the UK
This publication is intended for general guidance only to assist in collecting

and preserving evidence but it cannot apply to every situation. Readers
should take care to ensure that the recommendations contained in this
publication are appropriate for a particular situation before implementing
them. Whereas every effort has been made to ensure that recommendations
are comprehensive, North of England P&I Association does not under any
circumstances whatsoever accept responsibility for any errors, omissions and
mis-statements or for the consequences of implementing or attempting to
implement the recommendations.
CONTENTS
Contents
Chapter Page
1. COLLECTING AND PRESERVING FACTUAL EVIDENCE 3
Why it is needed 4
Maintaining accurate records 4
Visual evidence 5
Making reports 6
Preserving evidence 7
2. EVIDENCE REQUIRED FOR MOST INCIDENTS 9

Evidence list for most incidents 10
3. EVIDENCE FOR INCIDENTS INVOLVING PEOPLE 13

Injury and illness 13
Disciplinary action 16
Industrial action 16
Stowaways 16
People in distress 17
Humanitarian and other diversions 17
Evidence lists for incidents involving people 18
4. EVIDENCE FOR INCIDENTS INVOLVING CARGO 23

Seaworthiness 23
Care of cargo 24
Cargo responsibility 24
Evidence lists for incidents involving cargo 26
5. EVIDENCE FOR INCIDENTS CAUSED BY THE SHIP 35

Pollution 36
Collision and damage to property 37
Grounding, stranding and sinking 38
Salvage and general average 39
Evidence lists for incidents caused by ship 41
6. EVIDENCE FOR HULL AND MACHINERY INCIDENTS 50

Evidence list for hull and machinery incidents 51
7. EVIDENCE FOR COMMERCIAL DISPUTES 54

New building warranty disputes 55
Port delay disputes 55
Performance disputes 56
Ports and berth safety disputes 57
Bunker disputes 58
Evidence lists for commercial disputes 59
INDEX 64
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TERMS OF USE
This publication may be used solely by the Authorised User.
The Authorised User shall comprise any company or individual (or employees thereof) to
which North of England P&I Association has granted permission to use this publication.
Any other unauthorised manner of exhibition, broadcast or distribution of the information,

form, content or presentation contained herein and any public performance, diffusion,
editing, copying, reselling, hiring in whole or in part, is prohibited.
Chapter 1
Chapter 1 — Collecting and Preserving Factual Evidence

Collecting and preserving
factual evidence
There are two main types of evidence: ‘factual evidence’, which is what a witness actually
said or did or saw at the time of an incident and ‘opinion evidence’, which is what a witness
thought about what happened.
This handbook is about collecting and preserving factual evidence. It is intended
to give guidance to mariners about the different types of factual evidence relevant to
the more common incidents and accidents on board ships, helping them to collect and
preserve the very best evidence.
Example lists of evidence for the more common incidents are included in the following
chapters. The lists are not exhaustive but, although all the evidence listed may not be
required on every occasion, they provide comprehensive guidance to the nature and extent
of evidence that may be required. The quantity and quality of the evidence required will
increase with the severity of the incident.
3
WHY IT IS NEEDED
The most important reason for providing good factual evidence is to establish what
really happened. Once that it is known, it is relatively easy to work out what to do about
it – whether to
• prevent it from happening again

• make sure it is done better next time
• identify who was responsible.
Sometimes there is a need to know who to blame for an incident but, in the majority of
cases, it is simply to know what happened so as to stop it happening again.
The best factual evidence speaks for itself, whether it is automatically recorded data
from the engine room or wheelhouse, photographs and samples of damaged cargo or a clear,
contemporary, statement of facts by witnesses.
Opinion evidence is more difficult to deal with because so much will depend on the
personality of the witness and their interest in the incident. Opinion evidence can often
contaminate otherwise excellent factual evidence because if the opinion is unnecessary, self-
serving or plain wrong, then questions will be raised about the factual evidence as well.
The golden rule in collecting evidence after an incident is: facts only – no opinion.
There is plenty of time to reach an opinion on what happened when all the facts are known.
Always remember that some incidents will need to be considered by many different
people, not all of whom will be familiar with shipboard life and operations. Evidence
will often be looked at by doctors, insurers, statisticians, civil servants, lawyers and
judges and they may need to be informed about the background to the incident
under investigation to understand it properly. This is one reason why it is advisable to
collect a lot of background evidence, such as log books, ship’s particulars, extracts from
operational and safety management systems, passports and certificates. Understanding
the importance of routinely collecting and maintaining good evidence will have three
benefits for mariners.
• It will help establish the facts, which will make investigations by surveyors, lawyers and
others faster and more accurate.
• It will help to avoid many smaller and more mundane claims – over time this will make
life easier for everyone and will save a lot of money.
• It will lead to an increased awareness of potential problems and hence greater care and
professionalism on board, making life safer for everyone.
Maintaining ACCURATE RECORDS

The International Management Code for the Safe Operation of Ships and for Pollution
Prevention (ISM Code) is the foundation of every ship’s safety management system, which
documents the management and operational procedures and provides evidence that those
procedures have been followed.
A full description and discussion of the ISM Code is contained in The Nautical
Institute’s companion to this handbook entitled The Mariner’s Role in Collecting Evidence
(ISBN 978-1-870077-76-7).
4
Section 11 of the ISM Code requires ship operators to establish and maintain

procedures to control all documents relevant to the safety management system. Within
every safety management system there will be procedures for identifying and maintaining
important documents correctly, including
• ship’s certificates
• official log book
• deck log books
• engine log books
• crew details
• movement books
• stability information
• maintenance records
• cargo documentation
• oil and environmental records
• safety equipment and exercise records
• accident reports.
The importance of keeping these key records accurately cannot be overstated. Well-
maintained documents are themselves evidence of accuracy and good records will make the
collection of specific evidence and the investigation of any incident quicker and easier.
In many countries submitting an inaccurate record to a government official (even when
there has been no accident) is itself a serious offence that can lead to the detention of the
ship and even its crew.
Furthermore, deliberately falsified or altered records are easily identifiable. There are
many well-established forensic methods by which investigators can date and verify written,
photographic and physical evidence as well as identify any subsequent alterations.
Just one falsified or altered item of evidence will cast doubt on all other evidence.
The act of falsifying or altering evidence may also be a criminal act with potentially serious
consequences for the individuals involved. Never attempt to falsify or alter evidence.
VISUAL Evidence
‘One picture is worth ten thousand words’ is as true today as when it was written. Most
mobile phones and handheld devices now have a digital camera that can also take videos
and many ships have digital video cameras on board. These cameras can be a very useful
tool for collecting visual evidence of an incident and its consequences.
Digital photographs and/or video recordings can provide essential evidence but a number
of points must be remembered to ensure the images have the maximum evidential value.
Above all it is important for investigators to know exactly what the recording shows;
its context and scale must be clear. For example, a photograph of a hole in steel plating is
of little value as evidence if there is nothing to indicate the location of the hole within the
structure, the orientation of the structure, the size of the hole and when the image was
recorded.
The following points should be remembered.
5
• Photographs and videos should be taken as close to the time of the incident as possible
and nothing should be moved or altered.

• Photographs and videos should be clear and detailed when viewed at full screen size on
a standard computer monitor – low-resolution, out-of-focus or over- exposed and under-
exposed recordings have less value.
• Ensure the correct date, time and time zone appear on the image.
• Make a separate note, signed and dated by the person taking the photograph or video
image, that states
• who made the image (name, position and contact details)
• the position of the camera (for example: ‘Hold No 3, looking forward, starboard side,
frame no. X’)
• what the image actually shows.
• Where the size of the subject matter is relevant (for example, an area of damage) the
image should include something to indicate scale, maybe a rule or tape measure, a tool,
a hand or foot or a whole person.
• Where appropriate include some background images, such as of the ship, the berth or
the port.
• Keep photographic and video records safe and secure as it is too easy for them to be
deleted. Options include downloading the files into the ship’s computer or onto a
separate memory device.
• Particular care should be taken if the images are sensitive, for example following a
death or serious injury. The main risk is for the images to be too widely distributed,
particularly if that might cause distress and offence. Ideally the camera will be secured
and not used again but, if that is not possible, the images should be downloaded onto a
single, secure site and the originals then deleted from camera.
Film cameras and sketches drawn at the time of the incident can also be used to provide
visual evidence.
mAKING Reports
Many different kinds of shipboard reports are needed – some are routine and others
are in response to specific incidents. Specific reports are required by the ship’s safety
management system and others are required by outside agencies such as flag or port state
inspectors, port authorities and investigators.
Written reports should be as short as possible and should always keep strictly to the
facts, with no opinion. A good technique is to attach any relevant record to the report, such
as a statement of facts or a computer printout, and then simply refer to it.
Some report forms ask for an opinion on how an incident happened or for an opinion on
how similar incidents might be avoided in future. These questions can only be answered
after a full investigation and they are often better answered by ship operators ashore
rather than by mariners, who may have been too closely involved. It is often better to say
something like, ‘to follow on completion of full inquiry,’ or, ‘refer to ship operators,’ rather than to
express an opinion based on incomplete knowledge.
6
Legal privilege

Sometimes reports and documents carry legal privilege, which means they do not have
to be disclosed to third parties. No report from a ship will carry legal privilege unless the
dominant purpose of writing the report is for use in legal proceedings. For example, a report
cannot be privileged if it is required
• by the safety management system

• under a charterparty
• as part of an insurance claim
• at the direction of a competent authority.
The best way of asserting legal privilege over witness evidence is by making a formal,
written statement to a lawyer. Even then, other reports on the same incident that are
required, for example, under the safety management system, will not be privileged.
If a detailed report on an incident is required when a lawyer is not available, the report
should be confined to facts as much as possible and it should begin with the following
words:
‘Confidential report prepared only for the company’s legal advisors for the purpose of obtaining
legal, professional advice on pending, anticipated or threatened proceedings’.
These words should not be put on any report required by the safety management
system, by regulation or requested by a competent authority as they would serve no
purpose and may attract unnecessary suspicion.
PreservING Evidence
Every bit as important as collecting evidence is preserving it and keeping it safe.
Physical evidence, such as
• paper documents
• pieces of equipment
• damaged or replaced machinery parts
• cargo and bunker samples
needs to be kept safe and secure on board. All items of evidence, including documents,
should be clearly labelled and securely packaged.
A record should always be kept of what evidence was preserved and where it was
retained or sent. Where evidence is sent off the ship, whether to the ship operator, experts
or lawyers, it must be sent by the safest and most secure method possible and not just by
ordinary post. Original documents should always be copied first. If in any doubt, ship’s staff
should check with the ship operator’s office, which may ask for assistance from the P&I
club’s local correspondent.
Electronic evidence such as digital photographs or video should be downloaded to
proper storage devices such as memory sticks, compact disks or the ship’s computer
following the guidance above.
7
Most ships are now fitted with different forms of voyage data recorders. It is essential
that these records are saved by following the correct procedures from the manufacturer’s
instructions. This must be done as soon as possible because many systems store data for
as little as 12 hours, after which it is automatically deleted from the recording equipment.
It is vital that this evidence is saved, downloaded or recorded as soon as possible so that
it is not lost.
Always err on the side of caution and do not destroy or dispose of anything that might
be relevant. If in doubt, preserve the evidence until proper advice can be obtained on
whether it needs to be kept.
It is also important to bear in mind that relevant evidence will include not only formal
documents, such as log books, but also more informal records, for example rough and
scrap logs that may be used to write up a fair log. Scraps of paper and informal records are
relevant and must be kept. Often they will have particular importance because they were
contemporary.
Some ship’s staff keep notebooks in which they write things down during the course of
their work. These records are also very important and must be kept. Any notebooks which
are related to work are not considered private documents.
After any incident or accident, witnesses should make a signed and dated note of what
they saw as soon as possible while their memory is still fresh. This is easier than trying to
recall events later – sometimes much later – and it will be a great help if a formal statement
is ever needed.
Do not dispose of anything without getting advice first.
8
Chapter 2
Chapter 2 — Evidence Required for Most Incidents

Evidence REQUIRED
for MOST incidents
Every incident that requires investigation will involve the collection of ‘general evidence’
and ‘specific evidence’.
This chapter discusses the general evidence that is required in most investigations.
Chapters 3 to 7 discuss the additional, specific, evidence that will be required following
common shipboard incidents involving people, cargo, the ship, its equipment and operations.
The purpose of general evidence is threefold
• it puts the incident into context by giving an accurate picture of the ship – its
ownership, management, employment and the people who run it – as well what it was
doing at the time and in what environment
• it makes the specific evidence more complete by providing answers to a number of questions
that might arise, for example how many people were available to do a certain task
• it gives a picture of how well record-keeping is carried out on the particular ship –if the
general evidence is complete, up-to-date and accurate, it will reflect well on the crew
and the ship operator in any subsequent investigation.
The general evidence required for an investigation is listed in Table 1 on page 10.
9
evidence list for most incidents

The vast majority of general evidence will be included in the ship’s official papers and
/ or safety management system. It should include all, or the relevant parts, of the evidence
listed below.
Table 1. General – evidence for most incidents

Ship details
Ship’s name.
IMO number.
Type of ship, for example: bulk carrier, container ship, product tanker.
Port of registry.
Flag state.
Length overall.
Summer draught.
Beam.
Gross registered tonnage.
Net registered tonnage.
Summer deadweight
Details of holds, tanks or other cargo spaces as applicable.
Details of number and type of hatch covers if applicable.
Details of main engine(s) model and type.
Details of ship’s navigation equipment, including
• anemometer
• automatic identification system (AIS)
• automatic radar plotting aids (ARPA)
• course recorder
• echo sounder
• primary navigational record (electronic chart display and information system (ECDIS)
or paper charts)
• electronic chart system
• ECDIS
• raster chart display systems (RCDS)
• gyro compass
• magnetic compass
• radars
• radio equipment including VHF
• satellite navigation equipment
• voyage data recorder (VDR).
Ship documentation
General arrangement plan – plan of the ship which includes the distribution of cargo spaces, the
position of the ship’s equipment, the distribution of tanks and their capacities.
Deadweight plan.
Ship’s certificates – not every investigation will require a copy of every official certificate
but the more common certificates that may be required include
• certificate of registry
• load line certificate
10
• minimum safe manning certificate
Chapter 2 — Evidence Required for Most Incidents

• ship safety construction certificate
• ship safety equipment certificate
• stability booklet
• tonnage certificate.
Classification society certificates, including
• classification certificates
• survey status certificate
• any outstanding conditions, reservations and recommendations.
ISM Code documents, including
• document of compliance
• safety management certificate.
Official log book.
Deck and engine log books – for the relevant periods, including before and after the
incident.
Record of ship’s deadweight / freeboard calculations.
Record of stability and stress calculations.
Maintenance records, which may include
• inspection, repair and maintenance schedules and records
• technical manuals and operators’ manuals
• reports of the master, deck and engineer officers on regular inspection and maintenance
of the ship and equipment
• manufacturer’s records of cargo handling equipment / systems
• cargo system and auxiliary system test and calibration records
• records of steel thickness measurements
• standing orders for regular inspection and maintenance of ship prior to sailing
• corrections and maintenance records for nautical publications.
Record of safety meeting minutes.
Training records.
Personnel details
Details of master
• name
• home address
• home telephone number
• age and date of birth
• qualifications
• date of master’s certificate and where obtained
• details of seagoing experience
• date when first assumed command of a ship
• date when first sailed on present ship
• details of current employer.
Crew list.
Crew documents, including
• passports
• seaman’s books
• certificates of competency including equivalent flag state certificates.
Passenger list, if applicable.
11
Incident details
Date, time and summary of incident and subsequent consequences and actions.
Details of navigation at time of incident
• ship position
• course and speed, or mooring arrangements
• draughts.
Details of weather and sea conditions at time of incident
• direction and height of sea and swell
• state of tide and current
• visibility and light conditions
• precipitation
• air temperature
• sea temperature
• wind strength and direction
• barometric pressure
• photographs and/or video evidencing weather experienced.
Details of all individuals who were involved in the incident, including
• full name
• age
• position on board
• employer
• certificate of competency / licence
• grade
• date of issue
• issuing country / authority
• other certificates of competency held
• time spent on ship
• experience on similar ships
• experience on other types of ship
• experience in current rank
• experience in other ranks
• health and rest, including (where relevant)
• number of hours spent on duty on that day and the previous day
• number of hours sleep in the 96 hours prior to the incident
• any other factors that may have affected sleep
• whether smoker, and if so, quantity
• alcohol consumption in the previous 24 hours
• whether under prescribed medication
• any ingested non-prescribed drugs or medicines
• records of drug and alcohol tests.
Record of accounts written by witnesses of the facts they observed.
Photographs, videos and/or sketches of incident and/or results of incident, including
damage and/or injury.
Physical evidence and/or samples relating to incident.
Details of relevant communications with ship operator.
Details of relevant communications with authorities.
Details of relevant ship operator procedures and advice, such as fleet notices.
12
Chapter 3
Chapter 3 — Evidence for Incidents Involving People

evidence for incidents
involving People
injury and illness

The health and safety of people is of paramount importance and ship operators owe a duty
of care to everyone on board their ship and to those people ashore who are directly affected
by the ship. This duty extends to provision of reasonable medical care irrespective of the
cause of illness or injury until professional assistance can be obtained.
Suitably qualified ship’s staff should always administer appropriate medical assistance
to anyone who is injured onboard their ship, which does not affect the advice that follows.
When injury or illness occurs, the ship operator should be told as soon as possible
so that all involved parties can be notified and necessary arrangements made ashore. If
the injury or illness is serious, which includes any uncertainty, the master should obtain
immediate medical advice before administering any drugs or procedures.
13
Incident report form

Most safety management systems include an incident report form designed to cover all
types of incident, whether injury or illness, and all categories of individual – crew member,
supernumerary, passenger and third party. These persons are defined as follows.
• Crew – people who have ‘signed on’ in accordance with the ship’s articles. As a general
rule the ship’s crew will correspond to the numbers and positions detailed in the ship’s
safe-manning document issued by its flag state administration.
• Supernumeraries – people who sail with the ship but not under a crew contract or a
passenger ticket. Most supernumeraries fall into two main categories: families of crew,
and people who are on board for occasional work purposes, such as riding gangs or
personnel from the owner’s offices.
• Passengers – people travelling under a valid passenger ticket.
• Third parties – people who do not travel with the ship but are somehow affected by it,
including surveyors, port agents, superintendents and, most commonly, stevedores.
Although an effort should be made to answer all questions on the incident report form,
it is acceptable to leave some parts blank if they really are not relevant to the circumstances
of the incident. Where the ship’s standard form covers both illness and injury, make it clear
which is applicable.
Injured and ill people should be asked for as much information as possible including
their medical history, any allergies, details of any prescribed medication, changes in their
diet and any trips ashore. Colleagues, friends and family may be able to provide valuable
background information.
Master’s report
Some injury and illness incidents may warrant a separate master’s report but, if the
incident is serious, such reports should be prepared under professional advice if possible.
Reports should be an accurate factual record, avoiding guesswork, opinion and any
personal bias.
Personal injury
In the case of any injury the master should make an investigation as soon as practicable
to try and establish what happened. The master should always complete the safety
management system incident report form.
The flag state administration and / or the port authority may also require details of any
accident to be officially reported and will often have their own type of report form. Where
practicable these forms should be completed only in consultation with the ship operator
and, if necessary, after taking appropriate professional advice.
It is common for a workplace accident to include an element of lack of care by the injured
person or by the supervisors, for example the injured person may not have been wearing the
correct personal protective equipment. Under these circumstances great care should be taken
not to apportion blame for the incident and especially not to say that the injured person was
responsible. The best approach is to keep the incident report form strictly to the facts. For
example, it should accurately list and describe the clothing worn by the injured person without
14
saying that they were or were not wearing the correct personal protective equipment. If the

full facts are provided, experts will be able to give a correct opinion.
If a passenger is injured it will affect their enjoyment of the trip and if they are not
cared for properly and kept fully informed, they might be encouraged to pursue a claim –
whatever the cause and whoever may have been at fault.
Incidents involving third parties will tend to occur when the ship is in port or at anchor.
Frequently a ship may not even be aware of an accident to a third party or they may be
under the impression that it was only minor. If a crew member learns of an accident, they
should immediately inform the master so that an investigation can be made and an incident
report form completed. It is quite common for substantial claims to be brought against a
ship operator for injuries which were not taken seriously at the time and which are then
hard to defend without contemporary evidence.
The specific evidence to collect and report in the event of an injury, in addition to the
general evidence listed in Table 1 (page 10), is listed in Table 2 on page 18.
Illness
Most illnesses can be categorised as individual or environmental. The former is
personal to the individual, such as a heart condition, whereas the latter may be brought on
by something in the environment, such as tainted food or exposure to chemicals. Shipboard
illnesses can be very serious and, if contagious, there could be grave consequences, even
affecting the safety of the ship. By the time an illness has come to the attention of the
master, the patient may already have been suffering for some time.
Many crew members will have undergone a pre-employment medical before joining
and this should always be consulted, if available, as it should detail any pre-existing
condition and any medication the patient is taking.
Where a passenger or supernumerary is a child, particular care must be taken with
details of their age and any child vaccinations they have received.
Generally illness amongst third parties such as stevedores and other visitors to the ship
are less likely to be notified to the ship and will be taken care of ashore. However, serious
incidents can still occur to third parties on board, for example poisoning from fumigation
procedures, entry into enclosed spaces and handling of toxic materials. Such incidents
will require the same investigation, evidence and reporting as incidents involving crew or
passengers.
In addition to the general evidence listed in Table 1 (page 10), the specific evidence
to be collected and reported for an illness should include as much as possible of the
information detailed in Table 2 for personal injuries (page 18) as well as that listed in Table
3 on page 18.
Fatalities at sea
The evidence to be collected in the event of a fatality will depend on whether death
resulted from an illness or an injury. If it was from an illness which might be contagious, it
will be necessary to take advice on the appropriate handling and storage of the body.
Where a body is to be kept on board until it can be taken ashore, it is should be kept
in a suitable cool room. A temperature of 4ºC is recommended; any colder and there is a
risk of frost damage to the internal organs, which will make it difficult to perform a proper
post mortem examination.
15
Disciplinary action
The role of a master includes maintaining order on board and this may result in having
to warn crew members or other people on board about their conduct, which may range
from a minor misdemeanour to serious misconduct endangering the ship and those aboard.
The majority of ship operators will have formal disciplinary procedures in place,
generally following flag state requirements, and the master should be familiar with these.
What can start as an apparently minor matter can sometimes escalate and, therefore,
however informal the first warning may be, it must be formally and accurately recorded.
The specific evidence to collect and report for a disciplinary incident, in addition to the
general evidence listed in Table 1 (page 10), is listed in Table 4 on page 19.
industrial action
Labour disputes can arise between workers and their employers. If they cannot be
resolved, resulting industrial action may affect ship operations.
Although uncommon, there is the possibility that a master may face some form of labour
dispute on board. These disputes normally relate to terms of employment, employment of
different nationalities under different terms, conditions on board, allocation of duties and
disciplinary issues.
Industrial action ashore can also affect the ship. This is most likely to involve strike
action by stevedores, but there are other shore workers who can cause ship operations to be
delayed if they are engaged in some form of dispute – even where the ship is not directly
involved. As this might result in difficulties later, for example with charterers or cargo
interests, it is appropriate to keep a proper record.
The specific evidence to collect and report in the event of industrial action, in addition
to the general evidence listed in Table 1 (page 10), is listed in Table 5 on page 19.
Stowaways
A stowaway is someone who tries to sail with a ship without the master’s permission,
generally by hiding on board. Considerable ingenuity is often shown by stowaways and
nowhere can be discounted as a possible hiding space when organising a stowaway search.
Some stowaways may come aboard with the cargo, often with the help of local shore staff
such as stevedores, and are often found in containers.
Under the International Ship and Port Security (ISPS) Code, ship operators must keep
details of everyone who is on board their ships and have procedures in place to support
these records. Although ports have similar obligations, the very presence of stowaways on
board a ship may be a non-conformity under the ISPS Code, which may cause problems for
the ship at future ports.
The costs of dealing with a stowaway can be surprisingly high and, although the
ship is likely to be responsible for arranging their eventual removal, if it can be clearly
demonstrated that the stowaways boarded with the cargo it may be possible to recover
costs from the charterer. It is important therefore to have as much evidence as possible
on how the stowaways got on board as well as evidence demonstrating that the ship made
every effort to prevent stowaways boarding and to find any stowaways who succeeded in
hiding on board.
16
The specific evidence to collect and report in addition in the event of stowaways being

found, in addition to the general evidence listed in Table 1 (page 10), is listed in Table 6
on page 20.
PEOPLE In Distress
Any ship may encounter people in distress, whether by chance or because the ship has
been tasked by a search and rescue authority. Distressed people may come from a ship that
has sunk but they may also be migrants or refugees.
The specific evidence to collect and report in the event of rescuing people in distress,
in addition to the general evidence listed in Table 1 (page 10), is listed in Table 7 on
page 22.
The situation will vary depending on the circumstances but, once people are on
board, it is likely to be very similar to that for stowaways. Immigration authorities may be
helpful and automatically make all necessary arrangements for disembarkation and possible
repatriation, but this is not always the case. It is sensible for the master to collect similar
evidence as in the case of stowaways.
humanitarian and other Diversions

If the ship is authorised to divert for humanitarian reasons – for example, to rescue and
/ or land seriously injured people, those who are ill, stowaways or people in distress – all
details of the diversion should be recorded. It should be remembered that if the ship has
cargo on board such a diversion may constitute a deviation from the contract of carriage.
The specific evidence to collect and report in the event of a humanitarian or any other
diversion, in addition to the general evidence listed in Table 1 (page 10), and the relevant
specific evidence relating to the people involved (see Table 6, page 20), is as listed in
Table 8 on page 22.
17
evidence lists for incidents involving people

In addition to the general evidence listed in Table 1 (page 10), evidence for incidents
involving people should include the relevant parts of evidence listed below.
Table 2. People – personal injury evidence

Details of place of the accident.
Record of date, time and place of notification of the accident.
Record of dates when the injured person stopped work and resumed work.
Factual record of the accident, including
• lighting and deck conditions
• task/activity which was being performed
• clothing worn
• third parties involved.
Details of personal protective equipment (PPE) being worn or used including
• type
• age
• inspection
• certification.
Any relevant piece of equipment must be retained, and may be used for future analysis.
If possible, they should be placed in sealed bags, dated, signed for and witnessed.
Details of medical treatment – including details of all medication and treatment
administered.
Details of any medical advice requested and received – including details of any radio
medical advice and of all radio exchanges and any subsequent action taken.
Hospital records – all medical notes taken ashore.
Details of any pre-existing injury or poor health.
Record of ‘permit-to-work’ (if applicable) – details of any system on board for carrying
out the particular task/activity or any standing orders, and whether these were complied
with.
Details of any applicable safety procedures and whether these were complied with.
Details of supervision of the task/activity and, if so, by whom.
Record of safety meeting minutes – minutes in relation to any similar incidents, or non-
compliances.
Training logs – for crew injuries, details of any training given may be helpful.
Table 3. People – additional evidence for illness

Details of the circumstances surrounding the illness.
Details of when and where the symptoms first appeared.
Detailed description of the symptoms.
Details of anyone similarly affected.
Details of any medication being taken.
18
If equipment was involved, for example breathing apparatus, full details of its

• type
• age
• inspection
• certification.
Any relevant piece of equipment must be retained, and may be used for future analysis.
If possible, they should be placed in sealed bags, dated, signed for and witnessed.
Witness statements – where the illness is environmental rather than genetic, it may be
necessary to take an account of the possible cause from the affected person and it may
also be appropriate to take witness statements from anyone who observed the illness and
any possible cause, for example the handling of chemicals.
Details of accommodation and cabin. Where it is not possible to establish a likely cause
of the illness and / or what medication the patient is taking, it will be necessary to search
the cabin for medicines and any anomalies which may be causative.
Record of vaccination certificates – details of these can also be helpful in ruling out
certain causes of illness.
Record of preventative medication – in certain parts of the world it is recommended to take
preventative medication such as anti-malarial drugs. If the ship is, or has recently been, in
such a region, details of whether the patient been taking the necessary medication.
Details of ship operator’s procedures and advice for ships trading in malarial areas, such
as fleet notices.
Details of relevant medication provided on board.
Details of trips ashore – if the illness followed a recent trip ashore
• details of the port and how long the patient was ashore
• details of anyone else similarly affected.
Pre-employment certificates – these are more likely to be kept ashore, but if the crew
member has a copy, it may be helpful when obtaining medical treatment.
Table 4. People – disciplinary evidence

Official log book entry.
Master’s report.
Copy of any written notice given to the crew member or other person.
Supporting evidence – depending on the nature of the offence, it may be appropriate to
gather further evidence such as witness statements and photographs.
Copy of ship operator’s disciplinary procedures.
Table 5. People – industrial action evidence

Crew disputes
Details of any verbal exchanges regarding the dispute and any action taken.
Copies of all correspondence clearly dated.
Record of payment of wages.
Records of all work carried out on board.
19
Shore disputes
Record of any advice received in relation to any industrial action which may affect ship
operations, detailing the individuals with whom there have been exchanges, dates and times.
If action has been taken to minimise any potential cargo claims resulting from the dispute,
this should be fully recorded. The ship’s agent or the ship operator’s P&I club correspondent
should be able to assist with information on local conditions, strikes, labour disputes and so on.
Official notices – there may be official notices from the port or other shore side parties,
and it may also be helpful to take cuttings of local press reports.
Table 6. People – stowaway evidence

Details of all preventative measures taken to prevent stowaways boarding, including
• watch arrangements
• access restrictions
• lighting
• areas that were sealed off – such as the accommodation block, or holds not in use, and
by what means.
Details of ship operator’s stowaway procedures and advice, such as fleet notices.
Details of stowaway searches.
Record of completed stowaway checklists.
Details of stowaways found, including
• number of stowaways
• when stowaways were found
• where stowaways were found
• possessions – whether these were on the stowaway’s person or found after a further
search
• any documentation belonging to the stowaways.
Details of efforts made to establish their identities.
Details of arrangements for stowaway’s treatment whilst on board, including
• record of food, water and clothing provided to the stowaways
• any medical treatment given to the stowaways
• record of where the stowaways were kept and the security arrangements in place
• any additional security arrangements put in place, for example employment of shore
security guards.
Record of relevant log book entries.
Witness statements – including statements from those who discovered the stowaways and
any further information offered by the stowaways.
Details of the state of health of stowaways and details of any urgent medical assistance
required.
Personal details of each stowaway
• full name
• passport type photograph
• place of birth
20
• date of birth

• nationality
• gender
• description
• age
• height
• weight
• complexion
• hair
• eyes
• form of face
• marks / characteristics
• religion
• language(s) spoken
• home address
• father’s name
• father’s birth-place
• mother’s name
• mother’s birth-place
• parent’s address
• marital status
• name of spouse
• nationality of spouse
• spouse’s address
• occupation
• employer’s name
• employer’s address
• date and time found
• place of hiding
• port of boarding
• date and time of boarding
• method of boarding
• reasons for boarding
• identity document
• type
• number
• place of issue
• date of issue
• date of expiry.
21
Table 7. People – distressed people evidence

Details of rescue, including

• date
• time
• position of ship
• details of events leading up to the rescue.
Details of number of people in distress.
Personal details – as for stowaways (see Table 6 above).
Details of the state of health of people in distress and details of any urgent medical
assistance required.
Table 8. Diversion evidence

Details of reason for diversion.
Record of communications – record of correspondence and communications with ship
operators and other parties in relation to the diversion, including notes of any telephone
conversations.
Record of position of ship when diversion commenced.
Record of date and time when diversion commenced.
Record of distance steamed and time taken to reach diversion destination.
Record of position, date and time diversion completed.
Record of distance steamed and time taken to return to original voyage plan.
Details of any port expenses.
Record of oil and water statements from point of diversion to regaining original voyage.
Details of fuel used during diversion.
Details of seamen’s wages, stores and provisions used during the diversion.
Details of all cargo owners.
Cargo manifest or bills of lading.
22
Chapter 4
Chapter 4 — Evidence for Incidents Involving Cargo

evidence for incidents
involving Cargo
To defend a cargo claim, a carrier must show that it has fulfilled its obligations under the
contract of carriage. Generally, this means proving the ship was seaworthy and the cargo was
properly cared for during the voyage.
Seaworthiness
A seaworthy ship can take its cargo to sea without risk of damage. Ships must be in
good condition and have everything they require to perform a voyage properly. This is more
than the integrity of a ship’s hull and machinery – it must also be properly equipped and
manned with a competent crew who are well trained in all shipboard procedures.
The Hague and Hague-Visby Rules, which are the principal international conventions
relating to the carriage of goods by sea, require carriers to exercise due diligence to make
ships seaworthy before they put to sea. A good test for compliance is to ask: ‘Would a
seaworthiness problem have come to light by carefully checking the ship before the voyage
23
and, if so, would a careful owner have resolved that problem before sending the ship and
its cargo to sea?’

If something does go wrong and cargo is lost or damaged, the presumption is that the
carrier has not taken good care to make the ship seaworthy. To refute this presumption,
carriers must provide evidence to show that reasonable steps were taken to make the ship
seaworthy. Such evidence is included in the general evidence listed in Table 1 (page 10),
particularly the crew, classification society and maintenance records.
Care of Cargo
In addition to an obligation to make ships seaworthy, the Hague and Hague-Visby Rules
require carriers to care for a cargo from the time it is entrusted to them until it is delivered
to a receiver. If a cargo is lost or damaged at the time of delivery, carriers will have to explain
how the loss or damage occurred.
Carriers must perform voyages as described in a contract of carriage. Under the Hague
and Hague-Visby Rules, carriers are obliged to carry a cargo directly to its destination unless
there is an agreement to the contrary.
The route of a voyage is crucial. Any unjustifiable deviation from an agreed, direct
or customary route will be a breach of the contract of carriage and may prejudice a ship
owner’s P&I insurance cover.
The duration of a voyage may also be crucial as any unnecessary delay will be treated
in the same way as a deviation from the contractual voyage.
Cargo Responsibility
It is important to recognise there are likely to be at least two contracts of carriage
involved in any shipment of cargo. Firstly there is a contract of carriage evidenced by a bill
of lading. This contract is between the cargo owner and the carrier. Under most bills of
lading, the carrier is likely to be the shipowner.
There may also be a charterparty between the shipowner and a charterer. The ‘cargo
responsibility clause’ of the charterparty will show whether the shipowner or charterer
is responsible for loading, stowing and discharging cargo. This is important because the
nominated party will usually bear ultimate responsibility for any cargo claims arising during
the course of loading and discharge. If masters are uncertain who has responsibility for cargo
operations, they should contact the ship operator for instructions and guidance.
Bill of lading
Documents that evidence the quantity and condition of cargo carried on a ship are
essential – and the bill of lading is the most important of these. The Hague and Hague-
Visby Rules provide for the bill of lading to record the quantity of cargo and its apparent
order and condition at the time it is entrusted to the carrier. If bills of lading are inaccurate,
the consequences can be extremely costly for the carrier. It is therefore essential that all
information on the face of a bill of lading is checked carefully.
Carriers are under an obligation to verify the quantity of cargo and its condition and
identifying marks at the time it comes into their custody and care. Masters should ensure
proper arrangements are made for this and should seek clarification from the ship operator
if there is any doubt.
24
Masters should not state anything in the bill of lading which they believe to be

inaccurate. If the bill of lading contains inaccurate information, they should correct it with
an appropriate clause before signing.
If shippers and / or charterers insist that bills of lading are issued which do not accurately
reflect the quantity or condition of cargo or the date it was loaded, it is essential masters
obtain clear instructions and advice from the ship operator before issuing the documents.
Charterparty
There may be a chain of charterparties and they may be of different types, for example
time charterparties and voyage charterparties. One of them, usually the last in the chain,
will be the governing charterparty.
Both the charterparty and bills of lading may be relevant and, in the event of a cargo
claim, the master and ship operator may have to show that they complied with both.
Evidence for cargo incidents

listed in Table 9 on page 26 should be collected and reported for all cargo incidents.
Additional evidence required for specific cargo types should be collected as follows
• dry cargo – see Table 10 on page 29 (plus Tables 1 and 9)

• liquid cargo – see Table 11 on page 31 (plus Tables 1 and 9)
• containers – see Table 12 on page 33 (plus Tables 1 and 9).
25
evidence lists for incidents involving cargo

involving cargo should include the relevant parts of evidence listed below.
Table 9. Cargo – evidence for all cargo incidents

Voyage preparations
Copy of the relevant charterparty or charterparties, which should be available from the
ship operator.
Record of charterer’s instructions – any instructions issued by the charterer in respect of
the cargo or the voyage, including copies of any written, emailed or faxed instructions from
the ship operator and / or the charterer regarding the terms of the charterparty, especially
loading and stowing and the master’s responsibility.
Record of voyage instructions.
Record of communications – correspondence and communications with charterers in
relation to the voyage or the incident, including notes of any telephone conversations.
Load port
Load port details
• any port regulations that may be relevant
• details of the terminal and the facilities in use
• record of any ship-terminal information exchange
• details of any draught restrictions.
Arrival information
• date(s) of arrival
• details of previous cargo carried
• stability and stress calculations
• ship’s arrival condition
• notice of readiness.
Shipper’s declaration of cargo.
Record of instructions on cargo care, which may have been issued by the shippers /
terminal.
Pre-stowage plan.
Details of planned loading sequence.
Record of loading operations
• dates and times of cargo operations
• stoppages
• record of any problems involved in loading operations.
Type, distribution and quantity of cargo loaded.
Type, distribution and quantity of cargo already loaded or remaining on board prior to loading.
Cargo log book.
Record of isolation procedures for fuel, ballast or other cargo.
Survey reports from any attending surveyors.
26
Record of actual depths at the terminal and tidal levels during ship’s port call.

Record of communications
• notes of any pre-loading meetings between master, charterer’s representatives and
stevedores to discuss the loading and stowage of the cargo
• minutes of any meetings in which the master may have objected to a particular method
of stowage
• record of any exchanges with charterer / shipper / terminal / supercargo on any deviation
from pre-agreed, loadable cargo quantities, stowage plan, loading sequence or securing
arrangements.
Record of visitors – record of surveyors and terminal, port, local and national authorities
that attended on board the ship.
Details of visitors’ identification – details including business cards of everyone the master
dealt with during loading.
Pre-departure information
• final stowage/loading plan
• stability and stress calculations
• compliance certificates issued by terminal / port / local / national authorities
• mates receipt(s)
• bill(s) of lading
• cargo manifest
• cargo quality certificate
• cargo quantity certificate
• statement of facts / time sheets.
Sea voyage
Voyage plan.
Details of routeing advice from ship operator and charterer.
Details of any steps to minimise or avoid adverse weather conditions
Record of transfers of ballast, bunkers, slops and cargo, with reasons.
Record of temperatures – including
• cargo spaces
• cargo
• air
• seawater.
Record of soundings
• ballast
• bunkers
• fresh water
• bilges
• slops.
27
Discharge port
Discharge port details

• date(s) of arrival
• any port regulations that may be relevant
• terminal details
• details of the terminal and the facilities in use
• record of any ship-terminal information exchange
• details of any draught restrictions.
Record of port agents instructions.
Certificates from terminal, port, local and national authorities permitting discharge.
Notice of readiness.
Record of any exchanges with charterer, shipper, terminal, supercargo or others in relation
to deviation from pre-agreed outturn quantities, discharge sequence, un-securing or
re-securing, in case of multiple discharge ports arrangements.
Record of instructions (and by whom given) on the method of discharge.
Record of letters of protest issued and received.
Stability and stress calculations (pre-arrival).
Details of planned discharge sequence.
Record of discharge equipment used (ship and / or shore).
Discharge records
• dates, times and quantity when cargo discharged
• sequence achieved including details of actual weights, draughts and ship condition
• record of any problems encountered during discharge
• details of any shore labour involved, including who appointed them.
Statement of facts.
Record of depths at the terminal throughout discharge.
Miscellaneous
Details of ship operator’s cargo procedures, including
• cargo care and maintenance
• loading, securing and discharging cargo
• master’s standing orders for watch keeping at sea, at anchor and in port
• chief officer’s standing orders for watch keeping during cargo operations
• watch-keeping schedules and rest hour logs.
Details of any loss, shortage, or damage
• all reports of loss, shortage or damage, including transmission and receipt details
• reports from joint inspections, including the parties involved and their representatives
• record of where cargo was discharged and stored
• details of any attempt to segregate damaged cargo from good cargo
• record of all protests made and received
• record of any delay to the ship while the loss, shortage or damage was investigated and
addressed
• details of any cargo abandoned.
28
Table 10. Cargo – additional evidence for dry cargo

Preparations for voyage
Details of previous cargo carried, including
• bills of lading
• shipper’s declaration of cargo
• cargo manifest.
Details of cargo space preparation.
Details of any chemicals (including material data sheets) used for cargo hold cleaning.
Details of any maintenance that may have been carried out in the cargo holds, including
material data sheets for any paint coatings used.
Records of tests / checks carried out including
• cargo handling equipment
• hatch cover inspections
• cargo hold bilges
• cargo hold ventilation systems
• reefer control systems
• inspection and maintenance of cargo gear
• inspection and maintenance of securing gear
• calibration checks for instrumentation.
Record of the ship’s constant over the last five voyages.
Load port
Record of arrival draught survey, including details of other weights on board.
Record of condition of cargo spaces prior to loading, including hold cleaning.
Record of hold surveys prior to loading.
Cargo hold inspection report.
Hatch cover / cargo space access test reports.
Details of planned cargo securing arrangements and schedule.
Details of how carriage requirements comply with applicable regulations and codes, such
as the International Maritime Solid Bulk Cargoes (IMSBC) Code.
Daily time sheets.
Daily tally sheets.
Final tally reports.
Record of final draught survey, including details of other weights on board.
Third party / stevedore damage reports.
Record of lashing, stowage and trimming
• all instructions given, and by whom
• details of any shore labour or equipment used, including names of companies and
names of the persons appointing them
• details of all dunnage used, including the providers
• details of who carried out trimming operations
• details of who carried out lashing operations
• record of number and dimension of securing arrangements used and points (if necessary
include a diagram).
29
Cargo securing certificate including details of securing actually achieved.

Cargo sampling record.

Details of laboratory analysis results, if any analysis carried out.
Cargo fumigation certificate including details of fumigant used.
Details of hatch closing, including when (and by whom) hatches were closed, checked
and sealed.
Hatch sealing certificate.
Record of hatch covers weathertightness tests.
Reports of any independent surveys that may have been carried out.
Photographs and/or videos of the loading process, cargo holds, stowage and securing
arrangements – especially evidence of poor practice in packaging, handling, stowing and
pilfering of cargo.
Record of letters of protest to charterer or stevedore concerning incidents such as
pilferage, bad handling, bad stowage, smoking – ideally signed by addressee, even ‘for
receipt only’.
Sea voyage
Cargo hold bilge sounding record.
Cargo hold bilge pumping record.
Cargo hold bilge water acidity (pH) record.
Cargo hold gas measurement record.
Record of dew point and relative humidity for the cargo spaces.
Record of cargo space ventilation – periods during which cargo was ventilated and in
which cargo spaces.
Record of hatch opening, and if so why and when.
Record of regular inspection of cargo securing arrangements.
Records of tests / checks carried out, including
Discharge port
Record of arrival draught survey, including details of other weights on board.
Hatch un-sealing certificate.
Record of cargo condition on first opening hatch covers at the port of discharge.
Daily time sheets.
Daily tally sheets.
Final tally reports.
Empty hold certificate.
Certificate of cargo outturn quantity.
30
Record of final draught survey including details of other weights on board.

Photographs and/or videos of the cargo holds, stowage and securing arrangements on
arrival at the port of discharge and during various stages of the discharge.
Miscellaneous
Records and certificates for cargo gear, equipment and securing arrangements.
Relevant sections of the approved grain stability booklet, if applicable.
Ship’s approved cargo securing manual, if applicable.
Loss, shortage or damage
• details of any insufficiency of packing
• details of stevedores’ work or equipment which may have contributed to cargo
damage.
Table 11. Cargo – additional evidence for liquid cargo

Ship inspection questionnaire used in conjunction with the ship inspection report
programme.
Tanker chartering questionnaire (for example, Intertanko form Q88) for own ship.
If ship is involved in ship-to-ship operations
• Tanker chartering questionnaire for ship-to-ship ship
• Ship inspection questionnaire used in conjunction with the ship inspection report
programme for ship-to-ship ship.
Details of previous cargo carried including
• bills of lading
• shipper’s quality certificate
• cargo manifest
• report of cargo remaining on board from previous discharge.
Details of cargo tank preparation carried out.
Details of any chemicals used for cargo tank cleaning, including material data sheets.
Details of any maintenance that may have been carried out in the cargo tanks, including
Records of tests / checks for relevant cargo machinery / equipment.
Records of tests / checks for instrumentation and alarms.
Load port
Initial cargo tank ullage reports (on-board quantity report).
Initial sounding report for ballast, bunker and other tanks.
Cargo tank inspection report.
Certificate of slops.
Loading plan.
Details of how carriage requirements comply with applicable regulations and codes.
Hourly loading rate record indicating cargo tank and ship status.
31
Running time sheets indicating stoppages or deviation from pre-agreed and planned operation.
Final cargo tank ullage reports.

Final sounding report for ballast, bunker and other tanks.
Details of sampling procedure.
Record of shore tank samples placed on board.
Record of cargo tank samples kept on board / landed.
Tank sealing certificate.
Sea voyage
Cargo tank ullage record.
Sounding records for ballast, bunker and other tanks.
Cargo tank gas measurement records.
Cargo tank pressure records.
Record of any venting that may have been carried out.
Cargo tank heating record.
Records of tests / checks for relevant cargo machinery / equipment.
Records of tests / checks for instrumentation and alarms in preparation for discharge operations.
Details of cargo care procedures including
• inert-gas log
• voyage inert-gas top-up procedures
• inert-gas plant maintenance records
• inert-gas quality specifications
• maintenance records and test and inspection results of crossover / isolation cargo valves.
Discharge port
Initial cargo tank ullage reports.
Initial sounding report for ballast, bunker and other tanks.
Cargo tank unsealing certificate.
Record of any load port samples landed ashore.
Details of sampling procedure.
Sample analysis results, if made available.
Record of cargo tank samples obtained / kept on board / landed.
Discharge plan.
Ballast plan.
Cargo tank vapour management plan.
Crude oil washing plan, if applicable.
Hourly pumping log indicating cargo tank and ship status.
Running time sheets indicating stoppages or deviation from pre-agreed and planned
operation.
Final cargo tank ullage reports.
32
Final sounding report for ballast, bunker and other tanks.

Empty tank certificate.
Certificate of slops.
Record of any cargo remaining on board samples (from cargo tank / pump sumps) that
may have been obtained.
Miscellaneous
Relevant sections of the cargo record book.
Sealing record for overboard valves / connections.
Cargo pumping and piping plan.
Details of maximum cargo transfer rates for the ship.
Maintenance records and certificates for cargo gear and equipment / machinery.
Maintenance, inspection and test reports of valves, pumps and gauges as appropriate.
Maintenance, test, overhaul and calibration records of high- and high-high-level alarms.
Table 12. Cargo – additional evidence for containers

Slot charter contracts.
Details of any cargo hold preparation carried out.
Details of any maintenance that may have been carried out in the cargo holds, including
• hatch cover inspections
• cargo hold bilges
• cargo hold ventilation systems
• reefer control systems
Load port
Details of planned cargo stowage arrangements and schedule.
Details of planned cargo securing arrangements and schedule.
Equipment interchange reports, if any received from the terminal.
Final bay plan.
Details of stowage arrangements being in compliance with the requirements in the ship’s
cargo securing manual.
Details of securing arrangements being in compliance with the requirements in the ship’s
cargo securing manual.
Details of how carriage requirements comply with applicable regulations and codes, such as
the International Maritime Dangerous Goods (IMDG) Code.
33
Dangerous cargo manifest.

Dangerous goods declarations.

Dangerous goods stowage plan.
Photographs and/or videos of the loading process, stowage and securing arrangements.
Sea voyage
Cargo hold bilge sounding record.
Cargo hold bilge pumping record.
Cargo hold ventilation record.
Record of regular inspection of cargo securing arrangements.
• calibration checks.
Discharge port
Equipment interchange reports, if any received from the terminal.
Photographs and/or videos of the stowage and securing arrangements on arrival at the port
of discharge and during various stages of the discharge.
Miscellaneous
Records and certificates for cargo gear, equipment, securing arrangements.
Ship’s approved cargo securing manual.
34
Chapter 5
Chapter 5 — Evidence for Incidents Caused by the Ship

evidence for INCIDENTS
caused by the Ship
Ship-related incidents – ranging from sea and air pollution to collisions and groundings
– often involve significant sums of money and are likely to involve hull and machinery
(property) and P&I (liability) insurers as well as third parties. The ship operator will need
to collect evidence for insurance claims as well as evidence to bring and to defend third
party claims.
Several different incidents may flow from one casualty. For example, after a collision
there may be injured people, damaged cargo, a spill of fuel oil and a salvage operation. The
various chapters of this guide can be used to identify all the different types of evidence
likely to be required.
All major claims are likely to initiate a number of different internal and external
investigations, very likely involving surveyors, lawyers, classification society, coastal and flag
state administrators. There may even be criminal proceedings.
35
Pollution
Pollution is often taken to mean oil pollution of the sea. However, other forms of
environmental pollution are becoming as important as oil pollution and these include
• noxious and harmful substances

• sewage
• garbage
• air
• ballast water.
Major pollution incidents are rare but they have such a far-reaching effect on the
environment and on international opinion that most countries now deal severely with ships
which discharge even small quantities of pollutant within their waters.
The IMO Code for the Investigation of Marine Casualties and Incidents categorises
‘severe pollution’ as a ‘very serious casualty’ and all other pollution (regardless of quantity)
as a ‘serious casualty’. Any pollution incident is likely to be investigated by the flag and
coastal states involved.
Under the principle ‘the polluter pays’, the owner and insurer of a ship which causes
pollution will almost certainly pay for the consequences, whether or not the master or crew
were in any way to blame. Sometimes other parties may contribute, for example the other
ship involved in a collision.
In pollution cases evidence is needed to
• assist the clean-up

• quantify the nature and quantities discharged
• minimise fines or other penalties.
Oil pollution
The main sources of oil pollution are from routine operations, such as cargo and bunker
operations, and from marine casualties, including collisions and groundings.
The ship’s oil record book is a particularly important piece of evidence which will be
examined closely following any oil pollution incident. The requirements for completing
and maintaining the oil record book are set out in annex 1 of the International Convention
for the Prevention of Pollution from Ships (MARPOL).
It is very important that the oil record book is kept up to date. The entries in the oil
record book must be correct and accurate. If it is even suspected that the oil record book
contains inaccurate or wrong information, this can cause considerable problems for the ship
operator as well as the crew. In some countries submitting inaccurate records carries the
same penalties as pollution itself.
The oil record book should be completed on each occasion, on a tank-by-tank basis if
appropriate, whenever relevant operations take place in the ship.
Noxious and harmful substance pollution

Liquids other than oil carried in bulk may also be a potential source of pollution.
Control of pollution by such noxious liquids is covered in annex II of MARPOL.
36
Harmful substances are dealt with under annex III of MARPOL and are those

substances identified as marine pollutants in the International Maritime Dangerous
Goods Code (IMDG Code). Such goods are frequently carried in freight containers (see
Chapter 4).
The packaging and the relevant paperwork must accurately describe the goods, including
its UN number and the correct labelling according to the IMDG Code. If the goods pose a
potential pollution risk, then an additional ‘marine pollutant’ label should also be attached.
Sewage pollution
The requirements for sewage pollution prevention and control are set out in annex IV of
MARPOL. Depending upon the arrangements which have been approved for the ship, it is
likely that sewage will have to be treated on board and only be discharged in specific areas.
Garbage pollution
Pollution includes uncontrolled, unauthorised and indiscriminate dumping of garbage.
Where, when and if garbage can be discharged are set out in detail in annex V of
MARPOL.
Air pollution
The most important evidence in respect of air pollution by engine exhaust gases
concerns the ship’s bunkers. Under annex VI of MARPOL the sulphur content of any
marine fuel must not exceed specified amounts.
MARPOL annex VI also allows certain areas are to be designated as emission control
areas (ECA) in which the sulphur content of any fuel must be even lower. The Baltic Sea,
North Sea and English Channel were among the first ECAs and more will follow.
Some countries have not implemented MARPOL annex VI but have established local
regulations for their territorial seas and adjacent waters. Within ports, air pollution may also
be subject to local, regional or national regulations. Managers, charterers or ship’s agents
should advise on any local requirements in good time for preparations to be made.
Ballast water pollution

The International Convention for the Control and Management of Ships’ Ballast Water
and Sediments, was adopted by the IMO in 2004. The aim of this convention is to reduce
and eventually eliminate the transfer of harmful aquatic organisms and pathogens through
the control and management of ships’ ballast water and sediments. The convention will
enter into force 12 months after ratification by 30 states, representing 35% of world
merchant shipping tonnage.
Many states have or are in the process of introducing national legislation that is in
keeping with the spirit of the convention. Some individual countries including the USA
have introduced regulations that exceed the requirements laid down in the convention.
Detailed entries showing every ballast evolution that takes place on board the ship
should be noted in a ballast water record book.
Evidence to collect and report

The evidence to collect and report in the event of a pollution incident, in addition to
the general evidence listed in Table 1 (page 10), is as listed in Table 13 on page 41.
37
Collision and Damage to Property

Collision generally means a physical contact between two or more seagoing ships. It
does not matter whether they are underway, not under command, at anchor or alongside.
Damage to property other than a ship, such as a berth, pier, navigational aid, crane or
gantry, is often referred to as damage to fixed and floating objects (FFO).
Damage caused by a ship to third party property can often give rise to large claims which
ship operators have great difficulty defending. If damage occurs when the ship is leaving a
port, the master should resist any temptation to ignore the incident in the hope that the
damage will be minimal and there were no witnesses. Ship operators should be notified as
soon as possible so that enquiries may be made to ascertain the extent of the damage.
Occasions arise where a ship has to moor to property which has already suffered damage
or is in poor condition. In such cases the master should draw the attention of the berth
operator or port authorities to any deficiencies, note details of the damage in the log,
supported with sketches and photographs.
As many incidents occur under pilotage or in congested waters, the master should
ensure that proper watch keeping continues while the ship is under pilotage. Particular
care should be taken to plot the ship’s location on the chart, even in narrow channels, for
example by marking the times and distances off passing buoys.
Non-contact damage
Sometimes ships may cause damage without physical contact. The most usual scenario is
wash damage, with one ship travelling along a river or canal, perhaps at excessive speed, where
the wash causes ranging damage to a moored ship. In extreme cases moorings may break.
In non-contact incidents it is often the case that the passing ship was not aware it had
caused any damage. It is also possible that the ship suffering damage did not obtain details
of the passing ship but, by noting the time of the incident, it is often possible to identify
the offending ship. Another example of non-contact damage is where one ship hampers
another ship in its manoeuvres, which results in the other ship grounding, colliding with a
third ship or contacting some object.

Very similar evidence is required for collision, FFO damage and non-contact damage
incidents. In addition to the general evidence listed in Table 1 (page 10), the evidence to
be collected for such incidents is as listed in Table 14 on page 44.
Grounding, Stranding and Sinking

Grounding, stranding and sinking incidents are covered in this section as they are
similar enough to be considered together so far as collecting evidence is concerned. The
definitions of each incident type are as follows.
• Grounding – when a ship takes the sea bed.

• Stranding – bottom-contact which prevents a ship from moving. Stranding is normally
an involuntary act but it also occurs when a ship is intentionally run ashore to avoid a
greater peril.
• Sinking – sometimes called foundering, is when a ship loses all positive buoyancy.
38
Evidence on the cause and effect of grounding, stranding or sinking incidents will be

needed for
• insurance claims
• wreck removal orders and environmental claims from the coastal state if the ship is a
hazard to navigation and / or a pollution risk
• flag state investigation.
should include that listed in Table 15 on page 48.
Salvage and General Average

‘Salvage’ is voluntary assistance which helps to preserve life and property at risk at sea.
A successful salvor is entitled to a reward, which is paid by the owner and insurer of the
property preserved.
Many salvage operations are performed under contract, with Lloyd’s Standard Form
of Salvage Agreement being the most common. Other salvage operations are performed
without any contract but, either way, the reward will generally be assessed by reference to
the criteria set down in the International Convention on Salvage 1989.
Under a contract such as Lloyd’s Standard Form, salvors were originally only entitled
to compensation on the basis of the ‘no cure – no pay’ principle under which there was no
reward if the salvage was not successful. This meant that prospective salvors were unlikely
to attempt pollution-prevention operations when there was no prospect of receiving
payment for salvaging the ship and cargo.
The situation led to the introduction of the ‘special compensation P&I clause’
(SCOPIC) in Lloyd’s Standard Form, which when invoked provides a simplified framework
for pollution-prevention compensation intended to promote a fast response to casualties.
The clause also provides compensation to salvors when the salvage is likely to be
unsuccessful to encourage them to take steps to control pollution.
The rights of the shipowner are looked after during such salvage operations by a ‘special
casualty representative’ (SCR). When appointed the SCR is responsible for collecting the
majority of evidence required to address salvage claims but there is a lot the master and
crew can do before the SCR arrives and while the salvage operation is underway.
It is very important that masters keep an accurate record of all discussions and
communications concerning a salvage contract. Masters will often agree to or sign a salvage
contract but there are still cases of misunderstanding over salvage services and these will
often turn on who said what to whom.
Common misunderstandings include
• doubt over whether a contract has been agreed

• when a routine service turns into a salvage operation because of unexpected dangers
from weather or machinery breakdown
• tugs and pilots presenting a ‘receipt’ which incorporates a salvage contract
• uncertainties about how ‘standby’ tugs are to be paid for.
39
After most salvage operations, the owner and insurer of the salved property will also
engage specialist lawyers and surveyors to investigate the circumstances of the salvage
operation and to assess the likely reward. These experts may also investigate the original
cause of the problem but, with regard to the salvage, are only concerned by the dangers of
the situation and the efforts made to avoid or minimise those dangers. The investigators
will always want to examine any ‘self-help’ by crew and passengers because many dangers
are avoided by self-help before the professional salvors can get on-site.
The specific evidence to collect and report in the event of a salvage or general incident,
in addition to the general evidence listed in Table 1 (page 10), is as listed in Table 16 on
page 49.
40
evidence lists for incidents caused by ship

involving ships should include the relevant parts of evidence listed below.
Table 13. Ship – pollution evidence

All pollution incidents
Details of ship and cargo operations being carried out at the time of the incident.
Details of grades and types of pollutant involved.
Quantities of pollutant
• on deck

• overboard.
Details of the extent of pollution, the area covered by the pollutant and whether it has
affected other property or ships.
Details of the actions taken on board the ship and on shore to contain and clean-up the
pollutant.
Retained parts of equipment and other relevant items if the pollution incident was
caused by defective ship’s equipment.
Details of equipment used to contain and clean-up the pollutant including the type, industrial
name and quantity of dispersant or any other chemical used. Inventory of the cleaning
materials, dispersants and absorbent material on board the ship should always be kept.
Other reports of the pollution incident.
Record of communications.
Details of any other ships in the vicinity when the pollution occurred.
Log books, cargo work books and rough note books with records of
• the use of equipment such as scupper plugs
• the procedures followed during the transfer of potential pollutants within the ship
• drills and related exercises
• details of any other pollution incident witnessed by shipboard staff (whether or not
own ship is involved).
Oil and bunker pollution
International oil pollution prevention (IOPP) certificate.
Oil record book.
Vessel response plan (VRP), shipboard oil pollution emergency plan (SOPEP) or
shipboard marine pollution emergency plan (SMPEP).
Tank and pipe line diagrams including sounding pipe and ullage plug diagrams.
Details of relevant procedures from safety management system.
Maintenance, inspection and test reports of valves, pumps and gauges as appropriate.
Maintenance, test, overhaul and calibration records of high- and high-high-level alarms.
Deck and / or engine records of
• cargo and / or bunker supplier’s instructions (or delivery note) containing an agreed
loading rate
• cargo and / or bunkering procedures
• record of ullages taken during cargo and / or bunkering operations
41
• details of crew member in charge of cargo and / or bunkering operations

• details of methods of effecting emergency stops for cargo and / or bunkering

operations
• record of times and results of inspections of equipment used in cargo and bunkering operations
• record of use of equipment such as scupper plugs and drip trays
• record of procedures followed during transfer of oil within the ship
• record of times and results of inspections of equipment used in cargo and bunkering
operations.
Record of refinery or shore installation instructions.
Details of tanks / spaces breached.
Details of tanks / spaces liable to be breached.
Photographs and/or videos of the extent of the spill.
Details of restricting boom used, if any.
Records of external audits – including any port state control and oil-major inspections.
Records of internal audits.
Record oil spill drills and related exercises.
Copy of oily water separator instruction manual.
Copy of oily water separator piping and installation manual.
Details of ship operator's oily water separator procedures and advice, such as fleet notices.
Noxious substance pollution
In addition to similar evidence as for the oil and bunker pollution listed above.
International pollution prevention certificate for the carriage of noxious liquid substances
in bulk.
Shipboard marine pollution emergency plan (SMPEP).
Harmful substance pollution
In addition to the evidence for containers listed in Table 12 (page 33).
Document of compliance with the special requirements for ships carrying dangerous goods.
Dangerous goods declarations.
Dangerous goods stowage plan.
Details of dangerous goods stowage and segregation arrangements being in compliance with
the requirements of the International Maritime Dangerous Goods (IMDG) Code.
Sewage pollution
International sewage pollution prevention certificate.
Record of operation of the treatment plant and times.
Record of location of previous discharges.
Operating and maintenance records of the sewage treatment plant.
Garbage pollution
Garbage management plan.
Details of garbage disposal procedures.
42
Details of crew member in charge of the collection, containment, segregation and disposal

of garbage.
Garbage record book with the following minimum entries
• when garbage was discharged into the sea
• when garbage was discharged to reception facilities
• when garbage was incinerated
• accidental or other exceptional discharges of garbage.
Details of garbage record book entries including
• date and time of the occurrence
• position of the ship
• category and amount of garbage involved
• signature of the responsible officer.
Record of receipts for any garbage discharged to reception facilities ashore.
Record of quantities and types of garbage retained on board and accumulated.
Air pollution
International air pollution prevention certificate.
Oil record book.
Bunker record book.
Bunker delivery notes – for the previous three years.
Bunker analysis records – for the previous three years.
Bunker samples (taken at ship’s manifold and sealed) – for the previous 12 months.
Engine log books – including dates / times / locations of switching to low sulphur fuel
Details of fuel oil changeover procedures.
Details of exhaust gas cleaning system (if fitted) – operation and maintenance manuals
and maintenance records.
Record of letters of protest and correspondence relating to the inability of bunker
suppliers to supply compliant fuel to the ship.
Ballast water pollution
International ballast water management certificate, if applicable.
Ballast water management plan.
Ballast water record book.
Details of ballasting operations including place of ballasting.
Record of internal ballast transfers.
Ballast treatment records.
Details of ballast treatment equipment.
Ballast treatment equipment certification.
Ballast treatment equipment maintenance records.
Details of de-ballasting including place of de-ballasting.
Ballast samples.
43
Table 14. Ship – collision and damage evidence

Data recorders
Details of ship operator’s procedures for collecting voyage data recorder (VDR) data.
Data from VDR systems.
• Data recorded from radar systems, automatic identification systems (AIS) and engine
and course loggers.
• It is essential that these records are saved by following the correct procedures from
the manufacturer’s instructions. This must be done as soon as possible because many
systems store data for as little as 24 hours, after which it is automatically deleted from the
recording equipment.
Data from telegraph recorders.
Data from course recorders.
Data from depth recorders.
Navigation records
Voyage plan.
Deck logs (fair and rough). Details of safety management system procedures including
• bridge watch-keeping and bridge team management
• navigation in coastal waters
• passage planning
• calling the master
• duties of the master
• duties of the watchkeeping officer.
Details of ship operator’s navigational bridge procedures.
Master’s standing orders (signed by all deck officers).
Master’s night orders.
Record of hours of work / rest of master and watch-keepers.
Record of ship’s watch system.
Navigational charts
• charts must be left precisely as plotted. Positions which do not match or other marks
must not be erased
• record of the exact time and position of the incident should be plotted, ideally using a
variety of methods (GPS, radar range and bearing, visual bearings etc.).
Chart correction record.
Record of ECDIS certification.
Compass record book.
Movement books
• records should be kept in ink, and any essential alterations made in ink, signed and dated
by the person making the alteration, and with deletions made with a single line, leaving
the writing underneath legible (no correction fluid)
Manoeuvring records (see above).
Details of personnel on bridge immediately before incident and their duties.
Records of radars in use and what range scales they were set on.
Details of position fixing system(s) in use and intervals between fixes.
Record of steering gear status including
• automatic or manual mode
• number of steering motors operating.
44
Pilotage details, if applicable, including

• master-pilot exchange
• pilot briefing card
• pilots instructions
• whether the pilot was communicating in a language the master could understand
• how many pilots were on duty
• the name of the pilot and details of his experience / licence.
Personnel records of the master and watchkeeping officer(s), including
• recruitment
• training
• certificates of competency
• previous sailing experience
• appraisals
• employment contracts.
Personnel records of the helmsman and other ratings, including
• recruitment
• training
• previous sailing experience.
Record of testing, inspection and maintenance, including
• steering gear systems
• auto-pilot
• navigational equipment.
Engine room
Engineers’ notebooks.
Oil record book.
Data from engine recorders.
Collisions
Record of true courses steered for four hours before collision.
Details of last position fix before sighting the other ship.
Details of first observation of other ship
• by what means – for example, visual, radar, ARPA
• time
• distance and bearing
• lights and shapes observed
• aspect
• apparent course
• apparent speed
• position, course and speed of own ship at time of first observation
• action taken by own ship at time of first observation.
Details of first visual sighting of other ship
• time
• distance and bearing
• lights observed and shapes
• aspect
• apparent course.
45
Record of subsequent observations

• times
• distance and bearing.
Details of other lights and shapes (if any) that were subsequently seen before the collision.
Details of steps taken to plot other ship, such as formal plot.
Record of actions of both ships including times up to the time of collision (including engine
movement).
Record of sound signals made and heard – with times.
Details of any communications between ships before collision, such as light signals or VHF
communications.
Details of any vessel traffic services (VTS) involvement.
Record of time of collision – with accuracy of the clocks on the bridge and in the engine
room verified along with accuracy of watches of witnesses and accuracy of automatic
recorders such as course recorders, telegraph loggers and data loggers.
Position of collision (state how obtained).
Details of speed and angle of blow – witness’ records of the ship’s speed and heading at
the moment of impact and the relative angle between the ships, supported by photographs
or drawings.
Details of which parts of each ship first came into contact.
Record of heading of own ship at time of collision – it is important that the course recorder
is marked in ink to indicate the time when the ship collided, although care should be taken
not to spoil the trace. If a course recorder is not available, the heading of the ship should be
determined by some other method which also should be recorded.
Record of draught of own ship at time of collision.
Record of action taken after collision
• description of movements of both ships after collision
• details of communications after collision
• details of other ships in vicinity when collision occurred
• record of communications with other ships in vicinity
Collision with moored or anchored ships
Details of whether ship was operating main engine(s).
Detailed description of the moorings of all ships involved.
Details of whether own ship was dragging anchor.
Details of whether other ship was dragging anchor.
Details of other ships dragging anchor in the vicinity at the time of the incident.
Damage to property
Full details of the object damaged
• whether the damaged object was old or new
• whether it was well used
• whether it was well illuminated and marked
• whether there were any signs of damage or defects to the object other than that caused
by the ship.
Details of the ship’s manoeuvres
Voyage plan (berth to berth), including full tidal data.
Details of any VTS involvement.
46
Details of status of the berth, if applicable, including

• condition and position of fenders / dolphins
• condition of other berths and / or fenders in port
• inaccuracies in the information provided by the port / pilot
• sketch of berth arrangements and fender positions.
Details of whether the berths were equipped with operational berthing speed indicators.
Details of whether other ships had encountered similar problems on same berth or in same
port within last year.
Record of note of protest.
Detailed records of all services supplied by third parties – including reports of services
provided by third parties, verified by the master.
Record of all communications with third parties together with any hand-written notes of
oral, radio or telephone communications.
Photographs and/or videos of
• strong currents in rivers, ice, and other hazards
• berth’s fenders and condition of concrete apron
• approaches to locks, condition of fendering for entry and within, if appropriate
• condition of locks and evidence of any previous damage
• mooring arrangements
• areas of berth particularly exposed to swell
• other ships affected by adverse conditions
• any lack of room to manoeuvre in port
• fender arrangements at adjacent berths (for comparative purposes)
• any damage to the ship or port installations.
Details of tugs
• names
• number of units available
• horsepower / bollard pull / propulsion
Port / pilotage authority
Record of radar surveillance data.
Record of AIS system data.
Audio tape of port working radio communications channel.
Details of latest survey information of port / channel.
Details of port authority instructions to pilots.
Pilots’ report.
Report(s) of local inquiries into the incident.
Damage survey report(s).
Best scale plan of area of incident.
Details of positions of adjacent moored / moving ships.
Record of ship movements.
Details of previous incidents.
Details of available tugs.
47
Summary of pilotage arrangements in the port

• independent or employed
• training and qualifications
• workloads and rotas
• summary of local law on the liability of pilots and port authority
• details of pilotage terms and conditions.
Non-contact damage
Port movement records.
Details of all other ships manoeuvring in the vicinity.
Details of whether the other ship contributed to the incident, such as testing main engines.
Details of any moorings, including fenders – were they defective, slack or ineffective in any way.
Table 15. Ship – grounding, stranding and sinking evidence

Record of ship’s position by latitude and longitude and/or distance and direction from
known landmark.
Details of the manner in which the ship went aground.
Details of ship’s speed and estimated squat when ship went aground.
Details of type of bottom, if possible – for example, sand, sediment, rock, mud.
Record of soundings taken around the ship at regular intervals. Soundings of water depths
around the ship including forward, aft and several on each side (or as appropriate to the
situation).
Record of draughts taken at regular intervals on both sides of the ship at the bow, amidships,
and aft and angle of list.
Record of tide data including times and heights and tide information at the time of the
grounding.
Details of whether or not the ship is being driven further aground or moving while aground.
Details of the prospects of re-floating the ship unassisted.
Details of state of readiness of auxiliary and main engines.
Details of portion of hull estimated to be aground with reference to frames and estimated
distances from centreline or side (if possible).
Details of whether the ship is hogging or sagging.
Details of damage to the ship, including divers’ reports on underwater condition.
Details of any personal injuries (see Table 2 on page 18).
Details of any cargo damage (see Tables 9–12 on pages 26–34).
Details of damaged stability calculations.
Record of communications with shore-based organisations.
Record of condition and contents of tanks at regular intervals including details of all known
tanks that are damaged, noting whether the flooding is from the sea or from other tanks.
Details of any pollution (see Table 13 on page 41).
Details of port or coastal state involvement, including
• authorities in attendance, both people and ships / aircraft
• orders given by authorities
48
• assistance given by authorities

• inquiries made by authorities.
Details of assistance provided (see Table 16 on page 49)
• details of tugs and all other ships giving assistance
• record of time engaged in pulling the ship
• details of lightering operations, including
• number of gangs used
• the names of lightering ships or identification names or numbers of barges
• the ship’s draught on commencement and completion of lightering
• the amount of cargo discharged
• details and cause of cargo lost / damaged during transhipment.
Table 16. Ship – salvage and general average evidence

Detailed description of the condition of the ship from the beginning of the incident until
the time salvage services began.
Details of all discussions and communications concerning the salvage or other contracts.
Record of time salvage services began.
Detailed, chronological record of events taking place during a salvage operation including
• the condition of the ship and cargo
• ships, people and equipment being used and on standby
• persons coming on board the ship
• self-help measures by the master and crew.
Details of any fire fighting efforts, including all equipment used.
Details of condition of the ship’s main and auxiliary machinery.
Record of ship’s position taken at frequent intervals.
Details of loading plans, distribution of weights, draughts and stress calculations.
Cargo manifest and cargo records.
Details of measures taken for the preservation of specific cargoes.
Details of all ships in the vicinity, whether assisting or not.
Casualty reports prepared by the master, salvage master and others.
Survey reports prepared by attending surveyors.
Record of fuels and stores consumed and labour used during the salvage.
Details of tow arrangements, including
• positions of start and finish
• the makeup of tow lines and connections
• whether ship or tug’s gear used
• tugs employed
• distances towed and to go
• speed and course made good
• weather conditions.
49
Chapter 6
Evidence for Hull and

Machinery incidents
Hull and machinery (H&M) insurance provides insurance cover for physical damage to
the ship itself (hull) and the equipment on board (machinery) – including the main and
auxiliary engines, cargo handling gear and navigation equipment.
The insurance may also provide cover for the consequences of hull and machinery damage,
including stoppage, delay and impairment of the ships’ efficiency, as well as cover for contributions
to general average and salvage and part of liability for collision damage to another ship.
Causes of hull and machinery damage include collisions and groundings, for which
additional evidence is required as set out in Chapter 5.
Fire is another possible cause: if the fire is serious, a fire expert will probably be
appointed by the ship operator as soon as possible to determine the cause of the fire and
possibly advise on fire-fighting methods. The master should ensure that the area where the
fire started is disturbed as little as possible.
The specific evidence to collect and report in hull and machinery damage incidents,
in addition to the general evidence listed in Table 1 (page 10), is as listed in Table 17 on
page 51.
50
evidence list for hull and machinery incidents
Chapter 6 — Evidence for Hull and Machinery Incidents

In addition to the general evidence listed in Table 1 (page 10), evidence for hull and
machinery incidents should include the relevant parts of evidence listed below.
Table 17. Hull and machinery damage evidence

Hull
Ship’s plans and line drawings showing details of damage.
Detailed description of damage.
Photographs of damage.
Details of the condition of all tanks and spaces that have lost airtight or watertight
integrity.
Details of all equipment, particularly safety equipment, affected by the damage –
including pumps, sounding pipes, inert gas equipment, watertight doors and bulkheads.
Details of recommendations on temporary repairs required.
Details of any necessary diversion to a place of safety / temporary repair port.
Details of any loss or damage to cargo caused by the original incident and also during the
emergency response, for example during fire-fighting operations.
Survey reports made by classification society, surveyors and superintendents during
temporary and permanent repairs.
Equipment
Detailed description of damage.
Photographs of the damaged equipment in place and after removal.
Retained parts of the damaged equipment and other relevant items including consumables,
such as old seals and broken bolts, analysis of which is often critical in determining cause
of damage.
Log books and maintenance records relating to damaged equipment.
Lubricating oil records including test results, dates of changing, post incident analysis
and corrective action.
Records of work carried out.
Any other records relating to the damaged equipment showing running hours, or evidence
of previous inspections or surveys.
Details of planned maintenance system – including details of running hours, maximum and
actual (check that physical evidence matches the planned maintenance system records).
Condition monitoring records including lubricating oil analysis, vibrational analysis and
infra-red analysis.
Details of last equipment or machinery overhaul, survey or inspection.
Record of fuel / lubricating oil purification system, including
• equipment manuals
• manufacturers recommendations
• procedures
• details of overhaul, survey or inspection.
51
Record of filter system, including

• equipment manuals
• manufacturers recommendations
• procedures
• details of overhaul, survey or inspection
• record of usage
• record of filter changes.
Record of quotations, actual costs, disbursements, port costs, crew costs, overtime paid,
spare parts used, currency exchange rates used, off-hire periods.
Record of H&M insurer’s agreement to repairs.
Classification society records.
Survey reports made by classification society, surveyors and superintendents during
temporary and permanent repairs.
Stoppage or delay
Deck and engine log books covering the period of the incident.
Record of fuel remaining on board at the beginning and end of the stoppage.
Details of any diversion caused by the incident.
Details of tow arrangements, including
• positions of start and finish
• the makeup of tow lines and connections
• whether ship or tug’s gear used
• tugs employed
• distances towed and to go
• speed and course made good
• weather conditions.
Reports or confirmation of class by classification society surveyor.
Statement of facts from port agent.
Details of all shore assistance provided that it is attributable to damage.
Record of all surveyors who have attended the ship with full details of the organisation
they represent.
Record of communications and copies of messages sent or received, particularly those
directed to time charterer dealing with diversion and off-hire times.
Impairment of ship’s efficiency
Details of additional time taken.
Details of additional fuel used.
Details of the extra labour and equipment used and a record of times when they were
used.
Record of communications and copies of messages sent or received, particularly those
directed to port agent, charterer or other third party.
52
Fire
Chapter 6 — Evidence for Hull and Machinery Incidents

Details of where on the ship the fire started.
Details of extent of damage.
Details of combustible material on board the ship which the fire may have reached.
Details of any cargo damage.
Details of attempts made by the crew to extinguish the fire including details of the use
of fixed fire-fighting systems.
Record of calculation of the ship’s stability to determine which fire fighting options were
available.
Record of explosimeter readings, if available.
Record of whether or not there was a danger of explosion.
Record of whether or not tanks were gas free and / or inerted.
If tugs and other fire fighting craft are involved, their names, positions and details of their
fire fighting operations.
Details of time taken to extinguish the fire.
53
Chapter 7
evidence for Commercial

disputes
This chapter looks at the commercial disputes that can arise in connection with the
ownership and operation of a ship. These disputes can be particularly costly for a ship
operator and, in contrast to P&I and hull and machinery incidents, it is the ship operator’s
own money that is at stake.
There are many different types of commercial and contractual disputes, ranging from
new building warranty issues to disputes over performance and bunkers. Many claims arise
after the events in question have occurred and often the crew will not even be aware there
is a problem, let alone be able to obtain or preserve contemporaneous evidence.
Much relevant evidence will be in the routine ship’s records, for example in deck and
engine logs, notes of protests, reports to ship operators’ offices and documents required by
the safety management system.
If in any doubt, the ship’s staff should consult the ship operator’s office so that shore
staff can obtain guidance. It is always better to assume that a dispute may arise and collect
the best evidence without delay.
54
New Building Warranty DISPUTES
Chapter 7 — Evidence for Commercial Disputes

When a ship is built, it is usual for the builder to give a warranty of quality for the
ship and its equipment and to accept responsibility for any defects that may arise during a
certain period after delivery. The builder will normally make good any ‘guarantee defects’
identified. Normally the warranty lasts 12 months from the date of delivery and there will
be strict requirements and time limits for giving notice of defects to the builders. It is the
ship operator’s responsibility to deal with warranty claims and give notice to the builder,
but ship’s staff have an important role to play.
The first responsibility is to treat any problem that may arise with the ship or its
equipment within the first 12 months of its life as a potential warranty claim and ensure
that the ship operator is informed as soon as possible. There will be reporting requirements
in the safety management system but ship’s staff should still notify the ship operator
without delay. This is very important as the ship approaches its first anniversary.
The other main responsibility is to ensure that problems are fully documented and
recorded and evidence preserved. The specific evidence to collect and report in the event
of a new building warranty dispute, in addition to the general evidence listed in Table 1
(page 10) and the hull and machinery evidence in Table 17 (page 51), is as listed in
Table 18 on page 59.
Port delay disputes

There will often be delays in port that result in time lost. This invariably leads to
disputes between ship operators and charterers over who is to pay for that time. The reason
for the delay and supporting evidence is often crucial in solving these disputes, so it is vital
such evidence is obtained at the time and preserved.
Broadly speaking, delays in port can be broken-down into three categories.
• Delays relating to the availability of the berth – the most common reason a berth will
not be available is congestion. The reasons for congestion vary, from simply too many
ships to extraordinary congestion as a result of a strike, go-slow or political unrest.
Congestion always gives rise to disputes and evidence can be difficult to obtain after
the event.
• Delays relating to the accessibility of the berth – the reasons a ship might not be able
to access a berth might include a temporary obstruction, natural or man-induced, such
as lack of water, bad weather or strikes of pilots. It may also be because the ship or
the berth has been mis-described in the charterparty or because someone has made a
mistake.
• Delays upon reaching berth – it is not uncommon for cargo operations to be interrupted
upon reaching berth, often this is due to cargo related issues (see below).
The specific evidence to collect and report in the event of port delay dispute, in
addition to the general evidence listed in Table 1 (page 10), is as listed in Table 19 on
page 59.
55
Performance DISPUTES
Almost all charterparties will state the speed a ship is capable of steaming in loaded
and ballast conditions and its fuel oil consumption. There will also usually be a statement
of the ship’s in-port consumption. The statement will usually be qualified to apply only
to ‘good weather conditions’, which are usually defined by reference to wind and sea state
conditions and, sometimes, ocean currents.
Charterers or sub-charterers will often employ a weather routeing company to
monitor the ship’s performance on each sea leg. Based on this monitoring, claims for
under-performance of a ship are commonly brought at the end of the charterparty. Under-
performance claims for speed usually go hand-in-hand with claims for over-consumption of
fuel. Defence of such claims requires accurate and comprehensive data to be collected by
the ship.
In some circumstances masters may decide to divert from an advised route, for example
if a suggested passage is near to waters subject to piracy incidents. This in turn may result
in a longer passage and additional fuel consumption. The resulting routeing report may
conclude that the ship under-performed and the charterer will then consider a claim
against the owner. It is important that masters are able to justify their decision.
Under English law masters have an overriding duty to ensure the safety of the ship, crew
and cargo and are entitled to use their discretion to take such steps as necessary to ensure
this duty is safeguarded. Whether or not the steps are reasonable is an objective test.
Weather and sea state encountered during voyage

Weather routeing companies are employed by charterers to collect and provide weather
data from a wide variety of sources. A ship’s officers and crew should also record observed
weather and sea state in the ship’s log. Disputes frequently arise over which weather data
should be preferred – that from the ship or that from the weather routeing company.
It is uncommon for a charterer to question the competency of officers and crew to
observe weather accurately. However, charterers will frequently make the point that it
is difficult for anyone to distinguish with accuracy between a strong force 4 wind (which
would usually constitute ‘good weather’ for the purposes of assessing a ship’s performance)
and a weak force 5 (which would not). This point is often made where the log entry says
‘Beaufort force 4 / 5’.
Questions will also be raised by charterers about the method of recording weather. For
example, is wind speed observed or taken from an anemometer reading? If the latter, where
is the anemometer located? It is generally accepted that there is a 15% difference between
wind speeds at 5 m weather buoy height and winds at 30–40 m elevation on the ship
bridge. Likewise, what period of weather has been observed – is the log entry a snapshot
of weather at the time taken or is it a perceived average over a 4 h or even 12 h period?
In addition to assessing a ship’s performance on a particular voyage, weather routeing
companies can also provide masters with routeing advice to ensure the most efficient
passage. If masters decide to divert from an advised route, this may have a number of
implications and any such diversion may need to be justified at some future time. The
charterparty may contain express provisions such as a liberty to deviate clause and / or
clause paramount (article IV, regulation 4 of the Hague Visby Rules).
Weather routeing companies may be commissioned by charterers to assist masters in
56
deciding upon their route between ports. Masters have to comply with the directions of the

weather routeing company unless there is good reason not to, but the involvement of such
companies may also create problems. The weather and current information provided on a daily
basis to a ship may be useful at the time but, at the end of a particular voyage, charterers may
scrutinise the ship’s performance in conjunction with the analysis prepared by the weather
routeing company. Sometimes the methodology used by these companies to assess the speed
and consumption of the ship is not endorsed by English law and may therefore be challenged.
To defend any subsequent claim by charterers for either slow steaming or over-
consumption, evidence of the actual weather and sea state conditions will be required.
Careful record should be kept of the currents encountered on the sea passage (both adverse
and beneficial) as these can have considerable effect on a ship’s observed performance. It
is possible to ascertain currents from
• record of ground speed calculated by appropriate position fixing or Doppler log

• record of ‘distance run’ calculated from ship’s revolution tables
• record of charts and sailing directions included in the ship’s passage plan.

The specific evidence to collect and report in the event of a performance dispute, in addition
to the general evidence listed in Table 1 (page 10), is as listed in Table 20 on page 60.
Port and Berth safety disputes

Charterparties often contain a warranty that a port or berth will be safe. This means
that the charterers must nominate a port or berth which, at the time of nomination, a
particular ship can approach, use and depart from without being exposed to danger and
without the crew being exposed to danger.
A port or berth will not be unsafe if the danger is an abnormal occurrence, something
that is not a normal characteristic of the port – for example sudden war, unusual storm or
another ship stranded in a channel. Also, if the danger can be avoided by ordinary good
seamanship and navigation, a port or berth will not be unsafe.
Whether a port or berth is unsafe will depend upon the facts of the individual case
including
• physical aspects of the ship

• location, layout and physical characteristics of the port or berth
• systems in place at the port to assist safe navigation and / or to keep the ship updated
on the weather conditions.
It will not be immediately apparent whether an owner can claim for breach of a safe
port / berth warranty. Therefore, whenever damage occurs to a ship on the approach to, or
departure from, a port (for example during the river channel voyage to or from the port), or
while in port or on the berth, it is important to gather as much evidence as possible to assist
the owner. It is better to collect too much evidence rather than not enough.
The specific evidence to collect and report in the event of an unsafe port or berth
incident, in addition to the general evidence listed in Table 1 (page 10), is as listed in
Table 21 on page 61.
57
Bunker Disputes
Bunker disputes commonly fall into quantity and quality disputes.

Whether or not a claim by the shipowner for insufficient or inadequate fuel oil will
succeed largely depends on the nature and quality of the evidence gathered at the time the
supply is made. If there is detailed contemporaneous written evidence, the ship operator
will be in a much stronger position.
Quantity
Disputes over the amount of fuel supplied can arise either by innocent mistake or
where a supplier deliberately short supplies the ship, for example by blowing air through
delivery hoses to froth up the fuel – the so called ‘cappuccino effect’.
It is very important that the ship’s officers follow correct procedures, methodically
taking tank measurements and carefully calculating volumes to identify any quantity
discrepancy at the time the supply is made, particularly where the supplier is insisting on
its quantity figure(s) being inserted into the bunker delivery note. There will otherwise be
a lack of contemporaneous evidence in support of the ship operator’s position.
Where chief engineers are unable to verify their calculations with the supplier, then
the ship’s figure(s) should be inserted into the bunker delivery note or receipt. Where that
is not possible, a letter of protest should be immediately issued by the ship, alleging the
discrepancy in the quantity of fuel oil loaded (see below).
If time permits, it is good practice for an independent surveyor to attend.
Quality
Significant disputes can arise where off-specification fuel has been supplied, leading to
serious engine or mechanical problems. Removing such fuel can also be a time consuming
and costly exercise.
When bunkering, a ship should always take its own manifold drip sample, which often
represents the best evidence of the fuel supplied. An automatic or manual continuous drip
sampling method is recommended. The drip sample should then be split into at least four
samples so that, in the event of a quality dispute, there are sufficient samples for testing
in addition to the MARPOL annex VI sample (which cannot be used for this purpose).
Further samples may be drawn from the tanks at a later stage should additional evidence be
required as to the quality and / or grade of fuel in question.
Routine testing will normally identify a quality problem prior to the fuel being
consumed, thereby giving the ship operator an opportunity to assess the risks involved and
the steps to be taken. There may, however, be occasions when a ship operator only learns
of a quality problem after the fuel has been burned, with problems manifesting themselves
either in poor performance or mechanical breakdown.
In any case it is prudent to determine the quality of the fuel supplied as soon as is
practically possible, not least as many bunker supply contracts contain strict time limits for
notification of claims.

The specific evidence to collect and report in the event of bunker quantity or quality
disputes, in addition to the general evidence listed in Table 1 (page 10), is as listed in Table 22
on page 62.
58
evidence lists for commercial disputes

In addition to the general evidence listed in Table 1 (page 10), evidence for commercial
disputes should include the relevant parts of evidence listed below.
Table 18. Commercial – new building warranty dispute evidence

Details of pre-delivery tests and checks.
Details of ship operator's new-build supervision, including
• number and qualifications of personnel
• record of attendance
• ship operator's instructions
• inspections.
Details of classification society surveyors’ attendance.
The nature of the defect or problem documented in as much detail as possible.
Detailed chronology of any defect or problem that developed over a period of time.
Details of any remedial steps taken on board.
Details of repairs carried out or parts replaced.
Retained parts of equipment that was replaced.
Table 19. Commercial – port delay dispute evidence

Congestion
Record of orders or directions given to ship by port authorities.
Observations of ships at berth, including
• particulars of how these observations have been made and when
• what movements there were on and off the berth.
Notice of readiness.
Details of ship line-up particulars from
• agent
• port authority.
Particulars if a ship has lost its turn to berth.
Details of any reasons given by port / agents for delays.
Copies of letters / letters of protest (and confirmation of receipt).
Record of charterer’s instructions.
Slow cargo operations
Record of times of hatch closing / no work.
Details of public holidays.
Statement of facts.
Record of time sheets and tally sheets.
Details of crane, conveyor and cargo availability.
Details of who was carrying out the cargo operations.
Photographs and/or video of stevedore performance.
Record of stoppages – particulars of problems encountered during cargo operations.
Record of stoppages – protests and reports from agents and / or surveyors.
59
Table 20. Commercial – performance disputes evidence

General
Record of engine setting, whether propeller rpm, combinatory setting or other record.
Record of use of shaft alternator.
Record of use of generators.
Details of number of generators designed for use during voyages with heavy or light loads.
Record of fuel flow meter readings.
Record of fuel tank soundings.
Fuel loading, handling and consumption records.
Record of fuel change-over.
Details of periods of increased fuel consumption, including due to
• unusual use of air conditioning
• high electrical load
• tank cleaning
• cargo heating
• ballast water operations
• use of incinerators.
Record of charterer’s instruction – slow steaming or increased speed.
Details of any machinery factors / failure.
Record of change of ballast status.
Oil record book.
Ship routeing
Voyage plan.
Navigational records (see Table 14 on page 44).
Records of any diversion (see Table 8 on page 22).
Record of messages sent to all concerned (owner, charterer, port agent etc.) advising of
diversion and why.
Speed
Ship’s logs and any further speed information.
Details of anything that might have reduced the ship’s performance, including
• alterations in course for traffic avoidance
• periods of slow steaming
• stoppages
• engine / machinery breakdown
• adverse tidal streams / currents.
Fuel consumption
Accurate records of fuel consumption for
• main engines
• boilers
• auxiliaries
particularly when ship is instructed to proceed at an economical speed, when navigating
in congested waters or when burning marine diesel oil.
60
Table 21. Commercial – port and berth safety disputes evidence

In addition to the relevant evidence listed in Table 14 on page 44.
General
Record of communications dealing with the voyage and voyage orders.
Pilotage details, including
• how many pilots were on duty
• how many ships were being berthed / taken off the berth
• the name of the pilot and details of his experience / licence.
Details of status of the port, including
• satellite images of movements in port / channel
• hydrographic data for the port
• port maintenance records – such as dredging programmes, and positioning and
monitoring of buoys / buoyed channels.
Record of correspondence – including all emails, faxes and notes of telephone conversations.
Voyage orders from charterers and any assurances received from agents and / or charterers
as to a port’s safety.
Moorings – on board
Mooring arrangement plan – identifying station, material and size.
Details of anti-chafe measures.
Mooring rope / wire details – invoices, test certificates, repairs, when first used.
Details of number of lines on board.
Details of mooring rope/wire storage.
Details of mooring winches.
Details of whether auto-tensioning winches were being used.
Record of mooring advice from pilot, berthing master and port authority.
Details of terminal / berth mooring plan for prevailing conditions.
Details of crew involved in mooring operations.
Details of damaged / parted rope / wire, where parted and how secured.
Retained parts of failed or damaged equipment that was replaced.
Moorings – ashore
Details of bollards – including type and distance apart.
Details of mooring line lengths and leads.
Details of mooring gangs.
Record of mooring arrangements approval by port authority / terminal operator.
Weather services – on board
Details of radio weather services monitored.
Details of weather reporting and forecast areas monitored.
Details of weather equipment such as facsimile, Navtex or VHF, including
• status
• performance
• stations used.
61
Radio log.
Record of weather forecasts received.

Record of communications with port authority, agents, pilotage, authority and other ships.
Weather services – ashore
Port information booklet.
Details of port weather service.
Record of weather reports provided by local radio.
Record of any warnings provided to ships by port authority and / or agents.
Record of any specific advice on arrival about local weather characteristics.
Details of any storm signals monitored and observed.
Table 22. Commercial – bunker dispute evidence

Quantity
Details of tank number or designation.
Fuel tank sounding book.
Sounding or ullage tables (m3).
Record of fuel temperature (ºC).
Record of fuel density (kg / m3).
Volume correction factor from table.
Details of temperature coefficients and tank volume calculation.
Record of ship’s trim.
Record of ship’s list.
Copies of any notes of protest.
Quality
Details of the ship’s bunker capacity.
Ship’s general arrangement plan.
Ship’s fuel oil pre-heating system drawings.
Ship’s fuel oil pipeline diagrams.
Tank calibration tables.
Details of procedures from engine manuals and safety management system relating to
treatment of fuel oil and maintenance intervals, fuel specifications.
Details of which tanks have been loaded, the amounts and in what order they were loaded.
Details of fuel oil already on board the ship, and / or in use, its location and specification.
Details of bunker calculations, including temperature coefficients and tank volume calculations.
Bunker loading plans and daily work plans.
Record of minutes of inter-departmental management meetings, particularly regarding
crew requirements, cargo operations and stability implications.
Deck and engine room oil record books completed in accordance with MARPOL and
other statutory requirements.
62
Scrap or rough logbooks.

Bunker delivery notes.
Record of personnel involved in bunkering.
Representative bunker sample taken at ships’ manifold (in addition to samples required
under MARPOL annex VI).
Record of personnel present during routine sampling.
Details of laboratory analysis reports of fuel oil samples.
Record of shipboard analysis reports.
Copies of any notes of protest.
Record of ship’s bunker history – records of previous bunkering operations (including
bunker delivery notes and bunker requisition forms).
Mechanical damage
Record of date and time problem fuel oil was stemmed.
Record of date and time fuel oil was first and last burned in engines.
Details of immediate symptoms of fuel oil problems.
Details of action taken to reduce or contain the problem and results of such actions.
Details of where engine repairs are undertaken, details of work done.
Details of which parts of the engines were overhauled or renewed.
Record of on-board location of problem fuel oil.
Details of effects on engine performance once ship ceased to burn problem fuel oil.
Details of quantity and type of any fuel oil additives used.
Record of shipboard fuel oil treatment procedures adopted (e.g. how separators,
centrifuges and filters were used).
Technical details of centrifuges and maintenance reports.
Record of quantities of impurities recovered (e.g. water from tanks and centrifuges).
Reports from engineer surveyors and / or engine manufacturers as to the nature / cause of
the problem and details of repairs to be carried out.
Main engine and auxiliary engines maintenance records, overhaul records and
calibration data.
Retained damaged engine or machinery parts.
Photographs and / or videos of damaged parts.
63
INDEX
Page
Accuracy......................................................................................................................................... 3, 4, 5
Air pollution................................................................................................................................... 37, 43
Ballast water pollution.................................................................................................................. 37, 43

Berth safety disputes.................................................................................................................... 57, 61
Bill of lading........................................................................................................................................ 24
Bunker disputes............................................................................................................................ 58, 62
Bunker samples..................................................................................................................................... 7
Cargo.................................................................................................................................................... 26
– care............................................................................................................................................... 24
– samples........................................................................................................................................... 7
– slow operations............................................................................................................................. 60
Charterparties...................................................................................................................................... 25
Collisions – between ships..................................................................................................... 38, 44, 45
– with moored or anchored ships evidence................................................................................... 46
Congestion........................................................................................................................................... 59
Container cargo................................................................................................................................... 33
Crew..................................................................................................................................................... 14
Crew disputes...................................................................................................................................... 19
Damage.......................................................................................................................................... 44, 48
– to property.............................................................................................................................. 38, 46
– non-contact.................................................................................................................................. 38
– machinery parts.............................................................................................................................. 7
Data recorders..................................................................................................................................... 44
Delay – hull and machinery................................................................................................................ 52
– port disputes.......................................................................................................................... 55, 59
Digital cameras...................................................................................................................................... 6
Discharge port...................................................................................................................28, 30, 32 34,
Disciplinary action........................................................................................................................ 16, 19
Disposing of evidence........................................................................................................................... 8
Distressed people................................................................................................................................ 22
Diversion........................................................................................................................................ 17, 22
Documents............................................................................................................................................ 7
Dry cargo.............................................................................................................................................. 29
Electronic evidence............................................................................................................................... 7
Engine room........................................................................................................................................ 45
Equipment....................................................................................................................................... 7, 51
Evidence required – commercial disputes......................................................................................... 54
– hull and machinery incidents...................................................................................................... 50
– incidents caused by the ship....................................................................................................... 35
– incidents involving cargo............................................................................................................. 23
– incidents involving people........................................................................................................... 13
– most incidents................................................................................................................................ 9
Factual accuracy............................................................................................................................. 3, 4, 5
Fatalities at sea.................................................................................................................................... 15
Film cameras.......................................................................................................................................... 6
64
INDEX
Index
Page
Fire....................................................................................................................................................... 53
Fixed and floating objects................................................................................................................... 38
Fuel consumption evidence................................................................................................................ 60
Fuel supply disputes..................................................................................................................... 58, 62
Garbage pollution.......................................................................................................................... 37, 42

General average............................................................................................................................. 39, 49
Grounding...................................................................................................................................... 38, 48
Hague and Hague-Visby Rules............................................................................................... 23, 24, 56

Harmful substance pollution.............................................................................................................. 42
Hull...................................................................................................................................................... 51
Humanitarian diversion...................................................................................................................... 17
Illness............................................................................................................................................. 15, 18
IMDG Code............................................................................................................................ 33, 37, 42
Impairment to ship’s efficiency.......................................................................................................... 52
IMSBC Code....................................................................................................................................... 29
Incident reporting......................................................................................................................... 11, 14
Industrial action............................................................................................................................ 16, 19
Informal records.................................................................................................................................... 8
Injury.................................................................................................................................................... 13
ISM Code........................................................................................................................................ 4, 11
ISPS Code........................................................................................................................................... 16
Legal privilege....................................................................................................................................... 7
Liquid cargo......................................................................................................................................... 31
Lloyd’s Standard Form........................................................................................................................ 39
Load port...........................................................................................................................26, 29, 31, 33
MARPOL.....................................................................................................................36, 37, 58, 62, 63

Master’s report.................................................................................................................................... 14
Moorings.............................................................................................................................................. 61
Navigation............................................................................................................................................ 44
New building warranty disputes.................................................................................................. 55, 59
Non-contact damage..................................................................................................................... 38, 48
Notebooks............................................................................................................................................. 8
Noxious substance pollution........................................................................................................ 36, 42
Oil pollution.................................................................................................................................. 36, 41

Oil record book.................................................................................................................................... 36
Paper documents................................................................................................................................... 7
Parts, machinery.................................................................................................................................... 7
Passengers............................................................................................................................................ 14
People in distress.......................................................................................................................... 17, 22
Performance disputes.................................................................................................................... 56, 60
Personal injury............................................................................................................................... 14, 18
Personal protective equipment.......................................................................................................... 18
65
INDEX
Page
Personnel details................................................................................................................................. 11
Photographs........................................................................................................................................... 6
Physical evidence.................................................................................................................................. 7
Pilot authority evidence...................................................................................................................... 47
Pollution......................................................................................................................................... 36, 41
Port authority....................................................................................................................................... 47
Port delay disputes........................................................................................................................ 55, 59
Port safety disputes....................................................................................................................... 57, 61
Preparations for voyage........................................................................................................... 29, 31, 33
Preserving evidence.......................................................................................................................... 3, 7
Property damage............................................................................................................................ 38, 46
Records – informal................................................................................................................................ 8
– maintaining.................................................................................................................................... 4
Reports................................................................................................................................................... 6
Safety management system.................................................................................................................. 6

Safety of port/berth disputes.............................................................................................................. 57
Salvage........................................................................................................................................... 39, 49
Samples.................................................................................................................................................. 7
SCOPIC............................................................................................................................................... 39
Sea state......................................................................................................................................... 12, 56
Sea voyage..........................................................................................................................27, 30, 32, 34
Seaworthiness...................................................................................................................................... 23
Sewage pollution........................................................................................................................... 37, 42
Ship details and documentation......................................................................................................... 10
Ship routeing....................................................................................................................................... 60
Ship’s efficiency impairment.............................................................................................................. 52
Shore disputes..................................................................................................................................... 20
Sinking........................................................................................................................................... 38, 48
Sketches................................................................................................................................................. 6
Slow cargo operations.......................................................................................................................... 59
Speed................................................................................................................................................... 60
Stoppage.............................................................................................................................................. 52
Storage devices...................................................................................................................................... 7
Stowaways...................................................................................................................................... 16, 20
Stranding....................................................................................................................................... 38, 48
Supernumeraries................................................................................................................................. 14
Third parties........................................................................................................................................ 14
Videos..................................................................................................................................................... 6
Visual evidence...................................................................................................................................... 5
Voyage data recorders............................................................................................................................ 8
Voyage preparations............................................................................................................................. 26
Warranty disputes.......................................................................................................................... 55, 59

Weather........................................................................................................................12, 49, 56, 61, 62
66
THE MARINER’S ROLE IN COLLECTING EVIDENCE HANDBOOK

THE MARINER’S ROLE IN
COLLECTING EVIDENCE
HANDBOOK
THE MARINER’S
There are two main types of evidence: ‘factual
evidence’, which is what a witness actually
North of England P&I Association has
offices in the UK, Greece, Hong Kong, ROLE IN COLLECTING
EVIDENCE HANDBOOK
Japan and Singapore and is one of the
said or did or saw at the time of an incident and leading international mutual marine liability
‘opinion evidence’, which is what a witness insurers with over 120 million GT of entered
tonnage. Founded in 1860, the Association
thought about what happened. This handbook is has long recognised the importance of
about collecting and preserving factual evidence. providing practical loss prevention advice
It is intended to give guidance to mariners about to its members, believing this to be the most
effective way to reduce the number and scale
the different types of factual evidence relevant of claims. The Association has developed a
to the more common incidents and accidents on world-wide reputation for the quality and
board ships, helping them to collect and preserve diversity of its loss prevention initiatives,
which include this series of loss prevention
the very best evidence. Example lists of evidence guides co-authored with industry experts.
for the more common incidents are included in
each chapter. The lists provide comprehensive
guidance to the nature and extent of evidence that
may be required.

ISBN 978-0-9558257-6-7
NORTH OF ENGLAND P&I ASSOCIATION NORTH OF ENGLAND P&I ASSOCIATION

Mariners Role in Collecting Evidence Handbook North of England Member

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THE MARINER’S ROLE IN COLLECTING EVIDENCE HANDBOOK

THE MARINER’S ROLE IN

NORTH OF ENGLAND P&I ASSOCIATION NORTH OF ENGLAND P&I ASSOCIATION

NORTH OF ENGLAND P&I ASSOCIATION

Published by North of England P&I Association Limited

The Quayside, Newcastle upon Tyne, NE1 3DU, United Kingdom

Telephone: +44 191 232 5221

Copyright © North of England P&l Association Limited 2010

Author: North of England P&l Association

Acknowledgements: This handbook has been published as a companion

Printed and bound in the UK

This publication is intended for general guidance only to assist in collecting

2. EVIDENCE REQUIRED FOR MOST INCIDENTS 9

3. EVIDENCE FOR INCIDENTS INVOLVING PEOPLE 13

4. EVIDENCE FOR INCIDENTS INVOLVING CARGO 23

5. EVIDENCE FOR INCIDENTS CAUSED BY THE SHIP 35

6. EVIDENCE FOR HULL AND MACHINERY INCIDENTS 50

7. EVIDENCE FOR COMMERCIAL DISPUTES 54

GUIDE TO USING ELECTRONIC VERSION

Any other unauthorised manner of exhibition, broadcast or distribution of the information,

Chapter 1 — Collecting and Preserving Factual Evidence

• prevent it from happening again

Maintaining ACCURATE RECORDS

Chapter 1 — Collecting and Preserving Factual Evidence

and nothing should be moved or altered.

Chapter 1 — Collecting and Preserving Factual Evidence

• by the safety management system

Chapter 2 — Evidence Required for Most Incidents

evidence list for most incidents

Table 1. General – evidence for most incidents

• minimum safe manning certificate

Chapter 2 — Evidence Required for Most Incidents

Chapter 3 — Evidence for Incidents Involving People

injury and illness

Incident report form

Chapter 3 — Evidence for Incidents Involving People

Chapter 3 — Evidence for Incidents Involving People

humanitarian and other Diversions

evidence lists for incidents involving people

Table 2. People – personal injury evidence

Table 3. People – additional evidence for illness

Chapter 3 — Evidence for Incidents Involving People

Table 4. People – disciplinary evidence

Table 5. People – industrial action evidence

Table 6. People – stowaway evidence

Chapter 3 — Evidence for Incidents Involving People

Table 7. People – distressed people evidence

Details of rescue, including

Table 8. Diversion evidence

Chapter 4 — Evidence for Incidents Involving Cargo

its cargo to sea?’

Chapter 4 — Evidence for Incidents Involving Cargo

Evidence for cargo incidents

• dry cargo – see Table 10 on page 29 (plus Tables 1 and 9)

evidence lists for incidents involving cargo

Table 9. Cargo – evidence for all cargo incidents

Chapter 4 — Evidence for Incidents Involving Cargo

Discharge port details

Table 10. Cargo – additional evidence for dry cargo

Chapter 4 — Evidence for Incidents Involving Cargo

Cargo securing certificate including details of securing actually achieved.

Cargo sampling record.

Record of final draught survey including details of other weights on board.

Chapter 4 — Evidence for Incidents Involving Cargo