Q1e SEPTEMBER 2019

Q1) LETTER OF INDEMNITY AND SHOULD MASTER RELEASE CARGO ON THE BASIS OF LOI:

a) LOI has 3 parties involved 1) Carrier 2) Cargo receiver 3) Banks which guarantee

https://medium.com/@craig_10243/the-application-scope-and-limits-of-letters-of-
indemnity-in-bitcoin-contracts-633e1491cf1

A LOI indemnifies the carrier in following ways and it is a mutual agreement between carrier and Shipper//Cargo
receiver, in a LOI agreement parties agree as follows :-

1. To indemnify you, your servants and agents and to hold all of you harmless in respect of any liability, loss,
damage or expense of whatsoever nature which you may sustain by reason of delivering the cargo in accordance
with our request.

2. In the event of any proceedings being commenced against you or any of your servants or agents in connection
with the delivery of the cargo as aforesaid, to provide you or them on demand with sufficient funds to defend the
same.

3. If, in connection with the delivery of the cargo as aforesaid, the ship, or any other ship or property in the same
or associated ownership, management or control, should be arrested or detained or should the arrest or
detention thereof be threatened, or should there be any interference in the use or trading of the vessel (whether
by virtue of a caveat being entered on the ship's registry or otherwise howsoever), to provide on demand such
bail or other security as may be required to prevent such arrest or detention or to secure the release of such ship
or property or to remove such interference and to indemnify you in respect of any liability, loss, damage or
expense caused by such arrest or detention or threatened arrest or detention or such interference , whether or
not such arrest or detention or threatened arrest or detention or such interference may be justified.

4. If the place at which we have asked you to make delivery is a bulk liquid or gas terminal or facility, or another
ship, lighter or barge, then delivery to such terminal, facility, ship, lighter or barge shall be deemed to be delivery
to the party to whom we have requested you to make such delivery.

5. As soon as all original bills of lading for the above cargo shall have come into our possession, to deliver the
same to you, or otherwise to cause all original bills of lading to be delivered to you, whereupon our liability
hereunder shall cease.

6. The liability of each and every person under this indemnity shall be joint and several and shall not be
conditional upon your proceeding first against any person, whether or not such person is party to or liable under
this indemnity.

7. This indemnity shall be governed by and construed in accordance with English law and each and every person
liable under this indemnity shall at your request submit to the jurisdiction of the High Court of Justice of England

In fact the carrier or owner will be taking a double risk in situations where he takes a Letter
of Indemnity. Firstly he is risking his insurance cover, in a situation where he may be held liable for
some misdeed, for example by delivering cargo without production of a bill of lading or delivering at
a port other than that shown on the face of the bill of lading. Secondly he takes an additional risk in
that there will be a question over whether the Indemnity he is receiving can in fact be relied upon.

Perhaps the most common situation where a Letter of Indemnity is offered is for delivery of cargo
without production of a bill of lading. While this is an old problem, non-availability, or non-production,
of a bill of lading is becoming more common. The speed of carriage of goods has increased so that
ships are more liable to arrive at a discharge port before the necessary paperwork. While
documents can be couriered around the world there are frequently delays of some days before bills
of lading are produced or released at the load port.

Another reason giving rise to problems is the fact that some cargoes are traded, and sometimes
traded frequently, whilst being carried onboard ship. This is especially true of the oil trade. Cargoes
on very short voyages can still be traded many times. Similar trading can occur in the dry bulk trade,
although not to such a great extent as in the oil trades.

What do these liabilities amount to?

A shipowner who issues a bill of lading, contracts with the shipper that he will deliver the goods to
the person entitled to possession under that contract. That person could be the shipper himself, a
named consignee, or an endorsee, provided, in each case, that the person presents the bill at the
discharge port. Failure to comply with that obligation will render the shipowner liable for breach of
contract to that person.

Mis-delivery may also be a breach of the underlying charterparty if there is a charterparty involved.

If there is no contractual relationship with the true owner of the goods the carrier may also find
himself liable in tort for conversion of the goods. If this is the case, then the carrier may be liable for
all foreseeable loss suffered by the owner of the goods, and the claim could be greater than the
value of the cargo itself.

It should be noted that where there is no contract between the carrier and the claimants, the carrier
is not able to rely on any of the defences or limitations which would be contained in such a contract,
i.e. the defences and limitations under the Hague/Hague Visby Rules.

If the ship arrives at the discharge port and no bills of lading are presented, the shipowner has a
number of options, none of them very satisfactory.

In some ports he might be able to discharge the goods into storage under his custody, and probably
at his expense, until such time as the bills of lading might arrive.

Alternatively he could hold the cargo on board his ship in port until the bills arrive. While this might
be considered as a safe option, it exposes the owner to a variety of costs and potential problems. If
a court or arbitrator decides that it was not reasonable for the shipowner to have done this, then the
shipowner might have no claim for any demurrage or hire for the period that he waited, and we
might face further port costs etc.

The third and most common alternative is for the carrier to agree to deliver the goods against a
Letter of Indemnity.
Some charterparties incorporate terms which require the owner to deliver cargo in accordance with
the instructions of the charterer, against a Letter of Indemnity to be given by the charterer. A typical
example would read "should a bill of lading not arrive at the discharge port in time, owners should
release the entire cargo without presentation of the original bills of lading. Charterers hereby
indemnify owners against all consequences of discharging cargo, without presentation of the
original bills of lading".
An owner might accept such a clause when fixing with a first-class charterer with whom he has had
previous dealings. In other circumstances the clause would be less protective if the owner suddenly
faces a major claim for mis-delivery, some months after the event, at a time when a charterer is not
answering any of the owner's faxes, and does not seem to have paid any hire for some time!

Master should discharge cargo only when he has been instructed by the owner to do so stating that they have
received LOI.

Q2 a) Shipping Casualty as per MSA 58

358. Shipping casualties and report thereof.―(1) For the purpose of investigations and inquiries under this Part,
a shipping casualty shall be deemed to occur when―
(a) on or near the coasts of India, any ship is lost, abandoned, stranded or materially damaged;
(b) on or near the coasts of India, any ship causes loss or material damage to any other ship;
(c) any loss of life ensues by reason of any casualty happening to or on board any ship on or near the coasts of
India;
(d) in any place, any such loss, abandonment, stranding, material damage or casualty as above mentioned occurs to
or on board any Indian ship, and any competent witness thereof is found in India;
(e) any Indian ship is lost or is supposed to have been lost, and any evidence is obtainable in India as to the
circumstances under which she proceeded to sea or was last heard of

360. Application to court for formal investigation.―The officer appointed under sub-section
(2) of section 358, whether he has made a preliminary inquiry or not, may, and, where the Central Government so
directs, shall make an application to a court empowered under section 361, requesting it to make a formal
investigation into any shipping casualty, and the court shall thereupon make such investigation.
361. Court empowered to make formal investigation.―1[A Judicial Magistrate of the first class] specially
empowered in this behalf by the Central Government and a 2[Metropolitan Magistrate] shall have jurisdiction to
make formal investigation into shipping casualties under this Part.
362. Power of court of investigation to inquire into charges against master, mates and engineers.―(1) Any
court making a formal investigation into a shipping casualty may inquire into any charge of in competency or
misconduct arising, in the course of the investigation, against any master, mate or engineer, as well as into any
charge of a wrongful act or default on his part causing the shipping casualty.
(2) In every case in which any such charge, whether of in competency or misconduct, or of a wrongful act or
default, as aforesaid, arises against any master, mate or engineer, in the course of an investigation, the court shall,
before the commencement of the inquiry, cause to be furnished to him a statement of the case upon which the
inquiry has been directed. 363. Power of Central Government to direct inquiry into charges of in competency
or misconduct.―(1) If the Central Government has reason to believe that there are grounds for charging any
master, mate or engineer with in competency or misconduct, otherwise than in the course of a formal investigation
into a shipping casualty, the Central Government,―
(a) if the master, mate or engineer holds a certificate under this Act, in any case;
(b) if the master, mate or engineer holds a certificate under the law of any country outside India, in any case where
the in competency or misconduct has occurred on board an Indian ship

366. Assessors.―(1) A court making a formal investigation shall constitute as its assessors not less than two and
not more than four persons, of whom one shall be a person conversant with maritime affairs and the other or others
shall be conversant with either maritime or mercantile affairs:

Provided that, where the investigation involves, or appears likely to involve, any question as to the cancellation or
suspension of the certificate of a master, mate or engineer, two of the assessors shall be persons having also
experience in the merchant service. (2) The assessors shall attend during the investigation and deliver their
opinions in writing, to be recorded on the proceedings, but the exercise of all powers conferred on the court by this
Part or any other law for the time being in force shall rest with the court.
(3) The assessors shall be chosen from a list to be prepared from time to time by the Central Government.

370. Powers of court as to certificates granted by Central Government.―(1) A certificate of a master, mate or
engineer which has been granted by the Central Government under this Act may be cancelled or suspended―
(a) by a court holding a formal investigation into a shipping casualty under this Part if the court finds that the loss,
stranding or abandonment of, or damage to, any ship, or loss of life, has been caused by the wrongful act or default
of such master, mate or engineer;

(b) by a court holding an inquiry under this Part into the conduct of the master, mate or engineer if the court finds
that he is incompetent or has been guilty of any gross act of drunkenness, tyranny or other misconduct or in a case
of collision has failed to render such assistance or give such information as is required by section 348.

Miscellaneous provisions relating to cancellation and suspension of certificates

377. Powers of Central Government to cancel, suspend, etc., certificate of master, mate or engineer.―(1) Any
certificate which has been granted by the Central Government under this Act to any master, mate or engineer, may
be cancelled or suspended for any specified period, by the Central Government in the following cases, that is to
say,―
(a) if, on any investigation or inquiry made by any court, tribunal or other authority for the time being authorised
by the legislative authority in any country outside India, the court, tribunal or other authority reports that the
master, mate or engineer is incompetent or has been guilty of any gross act of misconduct, drunkenness or tyranny,
or in a case of collision has failed to render assistance, or to given such information as is referred to in section 348,
or that the loss, stranding or abandonment of, or damage to, any ship or loss of life has been caused by his
wrongful act or default;
(b) if the master, mate or engineer is proved to have been convicted―
(i) of any offence under this Act or of any non-bailable offence committed under any other law for the time being
in force in India; or
(ii) of an offence committed outside India, which, if committed in India, would be a non- bailable offence;

Q2b) Casualty investigation code

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

Short Description of the Casualty/Incident - This part shall outline the basic facts of the marine
casualty or incident; what happened, when, where and how it happened; whether any deaths, injuries,
damage to the ship, cargo, third parties or environment occurred as a result

Facts - This part shall include a number of discrete sections, providing sufficient information that
substantiates the analysis and eases understanding of the situation. These sections shall include the
following information:
Ship particulars - the name of the ship; IMO number; the flag State; main characteristics; owner and
actual manager (charterer, operator); construction details; minimum safe manning; the type of the ship;
voyage particulars - ports of call; type of voyage; cargo information; manning; marine casualty or
incident information - type; date and time; location of the casualty (position); internal and external
environment; place on board; ship operation and voyage segment; human factors data; consequences (for
people, ship, cargo, environment, other); shore authority involvement and emergency response - who was
involved; means used; speed of response; actions taken; results achieved.

Casualty Investigation Code:

• Under SOLAS regulation I/21 and MARPOL articles 8 and 12, each Administration undertakes to conduct an investigation
into any casualty occurring to ships under its flag subject to those conventions and to supply the Organization with
pertinent information concerning the findings of such studies. Article 23 of the Load Lines
Convention also requires the investigation of casualties.
• Under the United Nations Convention on the Law of the Sea (UNCLOS), article 94 on Duties of the flag State, paragraph 7,
“Each State shall cause an inquiry to be held by or before a suitably qualified person or persons into every marine casualty
or incident of navigation on the high seas involving a ship flying its flag and causing loss of life or serious injury to nationals
of another State or serious damage to ships or installations of another State or to the marine environment. The flag State
and the other State shall co-operate in the conduct of any inquiry held by that other State into any such marine casualty or
incident of navigation.”
• IMO adopted a new Code of International Standards and Recommended Practices for a Safety Investigation into a
Marine Casualty or Marine Incident (Casualty Investigation Code) when the Maritime Safety Committee (MSC) met in
London, for its 84th session in May 2008.
• Relevant amendments to SOLAS Chapter XI-1 were also adopted, to make parts I and II of the Code mandatory. Part III of
the Code contains related guidance and explanatory material.
• The new regulations, entered into force on 1 January 2010 and expand on SOLAS regulation I/21, which only required
Administrations to undertake to conduct an investigation of any casualty occurring to any of its ships "when it judges that
such an investigation may assist in determining what changes in the present regulations
might be desirable". The Code now requires a marine safety investigation to be conducted into every "severe marine
casualty", defined as a marine casualty involving the total loss of the ship or death or severe damage to the environment.
• Resolutions : Participation in Official Inquiries into Maritime Casualties , Conduct of Investigations into Casualties,
Exchange of Information for Investigations into Marine Casualties(also to consider investigation of human factors),
Personnel and Material Resource Needs of Administrations for the Investigation of Casualties and the Contravention of
Conventions, Co-operation in Maritime Casualty Investigations, Guidelines to assist investigators in the implementation of
the Casualty Investigation Code
• The activity of the groups on casualty analysis is based on the Casualty analysis procedure, which includes a process of
analysis of casualty investigation reports, graphic representation of the typical flow of casualty information, procedures for
evaluating safety issues that need further consideration, a graphic representation of
the process to validate a safety issue and assignment of estimated risk level and a diagram of the casualty analysis
process.
• The Global Integrated Shipping Information System (GISIS) includes a Maritime Casualties and Incidents module
database, which includes data on Maritime Casualties and Incidents (MCI), as defined by circularsMSC-
MEPC.3/Circ.3/Rev.1.
This GISIS module also includes all casualty analyses which were approved by the FSI Sub-Committee for their release to
the public on the GISIS module, where they can be accessed. GISIS also includes a Contact Point module where it is
possible to search flag State contact points for PSC matters, Casualty investigation services and Ships' inspection services
(including Secretariats of Memoranda of Understanding on Port State Control).
Resolution MSC.255 (84) – Adoption of the Code of the International Standards and Recommended Practices for a Safety
Investigation into a Marine Casualty or Marine Incident (Casualty Investigation Code) – (Adopted on 16 May 2008)
SOLAS Regulation XI-1/ 6 - Additional requirements for the investigation of maritime casualties and incidents:
Taking into account regulation I/21, each Administration shall conduct investigations of marine casualties and incidents, in
accordance with the provisions of the present Convention, as supplemented by the provisions of the Code of the
International Standards and Recommended Practices for a Safety Investigation into a Marine Casualty or Marine Incident
(Casualty Investigation Code) adopted by resolution MSC.255(84), and:
1. the provisions of parts I and II of the Casualty Investigation Code shall be fully complied with;
2. the related guidance and explanatory material contained in part III of the Casualty Investigation Code should be taken
into account to the greatest possible extent in order to achieve a more uniform implementation of the Casualty
Investigation Code;
3. amendments to parts I and II of the Casualty Investigation Code shall be adopted, brought into force and take effect in
accordance with the provisions of article VIII of the present Convention concerning the amendment procedures applicable
to the annex other than chapter I; and
4. part III of the Casualty Investigation Code shall be amended by the Maritime Safety Committee in accordance with its
rules of procedure.

Under SOLAS:
o CH 1 Regulation 21: each administration shall undertake to conduct an investigation of any casualties occurring to any of
its ships subject to the provision of present convention when it judges that such an investigation may assist in determining
what changes in present regulation may be desirable
MARPOL: Articles of the International Convention for the Prevention of Pollution from Ships, 1973 (Articles of 1978 came
later)
Article 12: Casualties to ships-
To harmonize the casualty investigation, a code was adopted on 27th November 1997 in IMO resolution A849 (20) called
casualty investigation code.
The salient features of the code.
o The necessity of code:- It was acknowledged that the investigation and proper analysis of marine casualties and
incidents could lead to greater awareness of casualty causation and result in remedial measures including better training
to enhance the safety of life at sea and protection of the environment.
It was also recognized that a standard approach and cooperation between governments, to marine casualty and incident
investigation, is necessary to correctly identify the cause
o Objective:-Objective to any marine casualty investigation is to prevent similar casualties in future
o Who will do the investigation:-
Flag state has to carry investigation of all casualties occurring to its ship. If casualty occurs in the territorial sea of a state,
then flag state and coastal state should cooperate to the maximum extent and mutually decide who will be the lead
investigating state.
If casualty occurs at high seas, then flag state has to carry out an investigation. But if the casualty involves other parties or
affects environment of another state, then all substantially interested state should work together and decide who will be
the lead investigating state

o Consultation and cooperation between states:-

If casualty has taken place in territorial water of any state, then the coastal state should without delay report the matter to
flag state. Also if the casualty involves other parties all substantially interested parties to be informed by investigating
state.
When two or more states have agreed to the procedure for a marine casualty investigation, the state conducting the
investigation should allow representative of the other state to:-
• a) Question witness
• b) view and examine documents and evidence
• c) Produce witness and other evidence
• d) Comment on and have their views properly reflected in the final report.
• e) Be provided with transcripts statement and final report relating to the investigation.
o Recommended practice for safety investigation:-
Part III Of the code (Chapter 15 to Chapter 26 )
Ch15 – Administrative Responsibilities
Ch16 – Principles Of Investigation
Ch17- Marine Casualties Other than Very serious
Ch18- Agreement ( Under Ch 7 of Part II ) conditions between parties and factors to be consider
Ch19- Acts Of Unlawful interference
Ch20- Notify Parties involved & Start Investigation
Ch21- Co-Ordinating An Investigation
Ch22-Collection Of Evidence
Ch23- Confidentiality Of Info
Ch24- Protection Of Witness & Involved Parties
Ch25- Draft & Final Report
Ch26- Re-Opening Investigation
a) The investigation should be thorough and unbiased.
b) Cooperation between substantially interested states.
c) It should be given same priority as a criminal or other investigation.
d) The investigator should have ready access to relevant safety information including survey records held by flag state,
owner, class etc.
e) Effective use should be made of all recorded data including VDR in the investigation of casualty.
f) The investigator should have access to government surveyors, coastguard officers, pilot or other marine personnel of
respective states.
g) The investigator should take account of any recommendation published by IMO or ILO regarding human factor.
h) Reports of investigation are most effective when circulated to the shipping industry and the public.
o Reporting to IMO:-
After investigation, the lead investigating state should circulate the draft report to coastal state and substantially
interested state for comments.
If no comment is received within 30 days, lead state should send the final report to IMO.
Very serious marine casualty means a ship casualty which involves total loss of ship, loss of life or severe pollution

..\from desktop\download from c drive\Casualty, Reporting as Administration final.pptx

Q3) Possessory Lien and Maritime Lien:

Whereas a possessory lien depends on possession of property, a maritime lien does

not depend on possession and is not extinguished by transfer of title in the property
to a bona fide purchaser who is not notified of the lien’s existence. A maritime lien
can therefore “travel with the ship” to which it attaches, and is not lost through a
change of ownership.
The Admiralty jurisdiction of the Supreme Court of Cyprus can be invoked for both in personam and in rem actions.
Maritime liens constitute a prominent category of actions in admiralty law and are enforceable by a claim in
rem which enables the arrest and seizure of the vessel, by an order of a competent Court, in satisfaction of the
claims against her.
Definition and recognised maritime liens
Although there is no approved definition of a maritime lien, although we can say that a maritime lien to mean a
privileged claim over a vessel or other maritime property. In particular, it is a right which accompanies the vessel
into whose soever possession she may subsequently pass; it stays attached to her and may be invoked against
her even if sold to a bona fide purchaser, no matter whether that purchaser was aware of the claim or not. The ratio
is that the vessel is considered liable to pay for the wrong she has done irrespective of her owner. A maritime lien
requires no registration. It arises by operation of law at the moment when the incident giving rise to the cause of
action occurs.
Different jurisdictions recognise different types of maritime liens. As it is the case with English law, maritime liens
are recognized for the following categories of claims:
· Bottomry
· Salvage
· Master and seamen’s wages
· Disbursements and liabilities
· Damage done by a vessel.
A maritime lien is a right of a procedural nature that depends on the remedies available in the country where relief
is sought, and as such it is subject to the law of that country (lex fori). Accordingly, in determining the existence of a
maritime lien the Cyprus courts will apply Cyprus law (lex fori), and even where a maritime lien seems to exist
under a different law (e.g. the lex loci contractus) the Cyprus courts will not recognise it.
Maritime liens enjoy certain advantages over statutory liens which constitute an entirely different concept and
which are enforceable against the vessel only after instituting an action in rem. For example, a mortgage is a
special type of statutory lien and as such ranks below maritime liens. Even though the validity of a mortgage is
determined according to the law of the country in which the mortgage is registered

For example a ship repairer having physical possession of the ship may have a possessory lien over it and a right
to proceed in rem against it. In principle, a possessory lien has priority over a mortgage even if the mortgage was
executed before the assumption of possession.
Essentially, a maritime lien is always secured in contrast to a statutory lien which only comes into existence upon
the commencement of proceedings. Particularly, if the ship is sold before an action is brought a maritime lien will
still be capable of enforcement, whilst an action in rem in relation to a statutory lien subsequent to the sale will be
defeated. Therefore, a delay in bringing an action can prejudice the enforcement of a statutory lien

Although admiralty actions are frequently brought in personam, against individual or

corporate defendants only, the most distinctive feature of admiralty practice is the
proceeding in rem, against maritime property, that is, a vessel, a cargo, or “freight,”
which in shipping means the compensation to which a carrier is entitled for the
carriage of cargo.
Under American maritime law, the ship is personified to the extent that it may
sometimes be held responsible under circumstances in which the shipowner himself
is under no liability. The classic example of personification is the “compulsory
pilotage” case. Some state statutes impose a penalty on a shipowner whose vessel
fails to take a pilot when entering or leaving the waters of the state. Since the
pilotage is thus compulsory, the pilot’s negligence is not imputed to the shipowner.
Nevertheless, the vessel itself is charged with the pilot’s fault and is immediately
impressed with an inchoate maritime lien that is enforceable in court.
Maritime liens can arise not only when the personified ship is charged with a
maritime tort, such as a negligent collision or personal injury, but also
for salvage services, for general average contributions, and for breach of certain
maritime contracts.
In a proceeding in rem, the vessel, cargo, or freight can be arrested and kept in the
custody of the court unless the owner obtains its release by posting a bond or such
other security as may be required under the applicable law or as may be acceptable
to the plaintiff. More frequently, however, the owner will post security to avoid a
threatened arrest, and the property never has to be taken into custody. When the
judgment is for the plaintiff in a proceeding in rem, there will be a recovery on the
bond or other security if the owner of the property does not pay; or, if security has not
been posted, the court will order the property sold, or the freight released, in order to
satisfy the judgment. The sale of a ship by an admiralty court following a judgment in
rem divests the ship of all pre-existing liens—and not merely those liens sought to be
enforced in the proceeding in rem. By way of contrast, the holder of an in
personam judgment against a shipowner can, like any judgment creditor, have the
ship sold in execution of the judgment; but such a sale, unlike the sale under an
admiralty judgment in rem, does not divest existing liens; the purchaser at the
execution sale takes the ship subject to all such liens. Thus, an in rem proceeding
has decided advantages over a proceeding in personam in a case in which the
shipowner is insolvent.
(a) A maritime lien is a claim against a boat for non payment of goods or services supplied to a boat. The
lien arises the moment the work is completed or the goods are supplied. A lien becomes delinquent when
the request for payment is delayed or denied. Furthermore:
 A lien is a charge against property for payment of debt. Maritime liens can arise under general
maritime law (arising from collision or personal injury) and by statute (ship mortgages). Ordinarily, local
law where arrest of a vessel or personal property
occurs, governs the validity of the lien and its priority with respect to other liens. A
maritime lien has characteristics that distinguish it from other liens:
 A maritime lien is a claim laid against maritime property, most often a vessel, but may also be brought
against other personal property involved in maritime transactions such as cargo.
A maritime lien arises from services rendered to or injuries caused by maritime
property.
 Generally a maritime lien attaches to the property and is valid whether or not recorded. It travels with
the vessel or personal property from port to port and owner to owner until it is extinguished or
discharged.
O Unlike land liens, most recent maritime liens may have first priority, subject to statutes such as those
establishing mortgages.
O A maritime lien is enforced by an action against the property itself, by arrest. That suit must be
brought in a court having jurisdiction over the place where the property is
located at the time of enforcement. A maritime lien is not a possessory lien such as a mechanic’s lien.
O A maritime lien is extinguished by destruction of the vessel or property, or laches
(undue delay in enforcement), or is discharged by payment or judicial act.
A Ship owner’s Lien is a possessory lien which is the major difference between it and other
maritime liens. The right to this lien can be applied only on the goods which are delivering by the ship
owner when the shipper is the contractual party. It may entitle the ship owner to retain the cargoes as
security for the payment of a debt. The contractual ship owner’s lien is currently found in all contracts for
carriage of goods by sea nowadays, and may be claimed if the shippers fail to pay the due on time.
However, some authorities state that there is no difference between ship owner’s lien and maritime lien.

c) The purposes of the Fund Convention are:

O To provide compensation for pollution damage to the extent that the protection afforded by the 1969
Civil Liability Convention is inadequate.
O To give relief to ship owners in respect of the additional financial burden imposed on them by the
1969 Civil Liability Convention, such relief being subject to conditions
designed to ensure compliance with safety at sea and other conventions.
O To give effect to the related purposes set out in the Convention. Under the first of its purposes, the
Fund is under an obligation to pay compensation to States and persons who suffer pollution damage, if
such persons are unable to obtaincompensation
from the owner of the ship from which the oil escaped or if the compensation due from such owner is not
sufficient to cover the damage suffered. Under the Fund Convention, victims of oil pollution damage may
be compensated beyond the level of the ship owner's liability.
However, the Fund's obligations are also limited to an amount set by the Fund Convention (the limits
were raised under the 1992 Protocol).
The amendments raise the maximum amount of compensation payable from the IOPC Fund for a single
incident, including the limit established under the 2000 CLC amendments, to 203 million SDR.
However, if three States contributing to the Fund receive more than 600 million tonnes of oil per annum,
the maximum amount is raised to 300,740,000 SDRThe aim of the established Fund is to
supplement the compensation available under the 1992 Civil Liability and Fund Conventions with an
additional, third tier of compensation. The Protocol is optional and participation is open to all States
Parties to the 1992 Fund Convention. The total amount of compensation payable for any one incident will
be limited to a combined total of 750 million Special Drawing Rights (SDR), which includes the amount
of compensation paid under the existing CLC/Fund Convention.

4)STS operation:
STS transfer is most frequent for liquid cargoes, but also applies for dry cargo. The operation may be conducted
with both vessels at anchor or, in some cases, may be conducted underway. This is one of the safest operations
(as minimum number of pollution or other incidents have been marked), but it is listed as high-risk operation, as
several factors and considerations should be taken into account.
The ICS STS Transfer Guide for petroleum, chemicals and liquefied gases, sponsored also by CDI, OCIMF and
SIGITTO, is the main guidance provided by industry for such operations, but it covers only liquid cargoes. So far, no
official guide has been issued to cover the matter under dry cargo handling perspective. However, excluding the
type of cargo, some of the actions / requirements of conducting safe STS operations are applicable to any type of
vessel.
An STS operation is a four-stage procedure:
1. Pre- Arrival stage: This stage includes all the preparations which are required prior approaching to the
port of operation.
After obtaining permission from local authorities for the execution of operation, the most important element is to
figure a Joint Plan of Operation. This should be based on a risk assessment outcome, taking into consideration all
risk factors that may affect the operation. Most common (but not limited to) risk factors are:
Environmental conditions
Available water space (free space, sea depth, tide, current restrictions)
Communication issues
Crew training
Involved vessels’ size and arrangement
Terminal facilities
Cargo risk factors
The plan should include all required details, such as:
Regulatory requirements,
Communication plan (primary/secondary),
Mooring and Fendering issues,
Cargo transfer details,
Emergency response actions -including emergency breakaway-,
Roles and responsibilities and
POAC (person overall advisory Control) authority.
Additionally, all ballasting/deballasting operations should be completed in this stage prior approaching.
2. Approach and mooring stage: During this stage, a detailed calculation should be conducted in
respect of environmental conditions and the vessels’ size and arrangements.
To this end, a step by step approach should be performed with controlled speed and effective use of all available
means (tug boats, line boats, fenders etc).
In case the STS is conducted underway, it should be specified which will be the approaching ship (the ship that will
maneuver to approach) and which the approached ship (the ship that will keep steady course and distance). In
this case, the Bernoulli effect should be taken into consideration in respect of speed difference and minimum
distance.
Mooring lines and securing point on deck should follow the Mooring arrangement plan of the vessels (and for
tankers the mooring arrangement management plan as per OCIMF/MEG 4 requirements). Line size and type
should provide appropriate holding and load force response. Fenders must be used in vessels’ side edge points
taking into consideration the differences between the two vessels (available free board).
3. Cargo transfer: This is the heart of all operation.
A good communication plan and coordination are required to secure safe connection and transfer of the required
amount of cargo.
This stage is the one which is different between liquid and dry cargo as the procedures for loading/discharging are
different. Procedures in respect of loading/discharging for each specific type of cargo must be followed just like
terminal transfer loading/discharging. In addition, a loading/discharging plan should be in place with applicable
ballast operations involvement.
Finally, the transfer rate is to be agreed between the two vessels and be continuously monitored.
4. Post-Transfer procedure: After completing the transfer, the two vessels should disconnect the cargo
links (hoses or other), secure all cargo areas and release mooring lines.
The procedure is the same with the vessel’s departure from a dock or terminal, but special care should be taken in
order to avoid any hull damage between vessels.
In case of underway STS operation, the departure procedure should be a step-by-step action increasing the
distance between vessels normally.
In the meantime, a series of documents are available to support the STS operation. Apart of Joint Plan or
Loading/Unloading plans, several checklists should be completed:
Pre-fixture information for each ship
Before operations commence
Before run-in and mooring
Before cargo transfer
Before unmooring
Pre – transfer check list (in port operations)
During transfer checklist (in port operations)
A list of conducted STS operations and a documented risk assessment procedure should also be available for
future use and lessons to be learned. Evidence of toolbox meeting prior conducting the operation is always a good
practice guide.
Moreover, a detailed emergency response plan is to be issued, including pollution prevention actions and
response, emergency break away (how the two vessels will unmoor safely and quickly in case of any emergency
event), fire protection measures (environmental / structural or human related), as well as roles and
responsibilities (for all personnel involved).

The transfer areas needed are also discussed, especially if the operation requires that both vessels remain underway. Here, a
larger area will be needed than say an STS transfer while at anchor.
Weather and sea conditions in the transfer area also need to be taken into account, as does an operation in cold climates and
in ice conditions. Inclement weather and currents can also lead to tank sloshing, which should be avoided, as this motion could
damage the cargo tanks.
In selecting the area for STS transfer, the following should be considered, in the absence of any applicable national
legislation:
the traffic density in the given area;
the need for sufficient sea room and water depth required for manoeuvring during mooring and unmooring;
the availability of safe anchorage with good holding ground;
present and forecasted weather conditions;
availability of weather reports for the areas;
distance from shore logistical support;
proximity to environmentally sensitive areas;
security threat

5) piracy and bmp5

Defining Piracy
Article 101 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) determines that Piracy
consists of any of the following acts:

(a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or
the passengers of a private ship or a private aircraft, and directed:
(i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or
aircraft;
(ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;
(b) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it
a pirate ship or aircraft;
(c) any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b).

Defining Armed Robbery against ships

Resolution A.1025(26) (Annex, paragraph 2.2) on IMO's Code of Practice for the Investigation of the Crimes of
Piracy and Armed Robbery Against Ships, determines that armed robbery against ships consists of any of the
following acts:
(a) any illegal act of violence or detention or any act of depredation, or threat thereof, other than an act of
piracy, committed for private ends and directed against a ship or against persons or property on board such a ship,
within a State's internal waters, archipelagic waters and territorial sea;
(b) any act of inciting or of intentionally facilitating an act described above."

Counter measures
• Companies must conduct risk assessments.
• Identify ship protection measures.
Implement ship protection measures
• Harden the ship.
• Brief and train the crew.
• Enhanced lookout.
• Follow Flag State and military guidance.

Ship protection measures

Q6) PSC MOU AND IMO MEASURES

(a) IMO has encouraged the establishment of regional port state control organizations and agreements on
PSC – Memoranda of Understanding or MOU – have been signed covering all of the world’s oceans:
1. Europe and the north Atlantic (Paris MOU);
2. Asia and the Pacific (Tokyo MOU);
3. Latin America (Acuerdo de Vifia del Mar);
4. Caribbean (Caribbean MOD);
5. West and Central Africa (Abuja MOD);
6. The Black Sea region (Black Sea MOD);
7. The Mediterranean (Mediterranean MOU);
8. The Indian Ocean (Indian Ocean MOU); and
9. The Arab States of the Gulf (GCC MOU (Riyadh MOU
In addition to the promotion of international conventions, the IMO passes its own Assembly resolutions,
which in turn bind the member States of the IMO. It is these resolutions therefore, which coupled with
the international conventions, impose obligations on port state to exercise the controls envisaged by the
resolutions
The IMO has recently consolidated its port state control measures. The consolidated resolution and its
annexure set out the procedures for port state control in chapter and verse. Inspections are categorised as
initial port state inspections and then more detailed inspections. Guidelines are provided for detention and
reporting procedures.
Not only do the IMO provisions require surveys and inspections to ensure that vessels comply with the
appropriate international conventions, they also now make it possible for port state control officers
inspecting foreign ships to check operational requirements 'when there are clear grounds for believing
that the master or crew are not familiar with essential ship board procedures relating to the safety of
ships'. It should also be noted that the IMO plays an active role as observer in the activities of the
regional port state control co-operation groupings referred to below.
The first recognition was given to PSC by Article 25 of UNCLOS, which empowered states to take
necessary steps to prevent the breach of conditions by vessels calling at any port. This provided the
framework upon which the subsequent conventions and resolutions of the IMO could hang. Important to
our present discussion is Resolution A.596 (15), which pointed out that ‘the great majority of maritime
accidents are due to human error and fallibility and that the safety of ships will be greatly enhanced by
the establishment of improved working practice’
In 1995 Resolution A.742 (18) gave content to this by allowing a port state control inspector, who had
"clear grounds" for believing that the operational condition of any ship did not meet with the stipulations
of Convention. Central to this was an enquiry into whether key crewmembers could communicate
adequately with one another and if the officers in charge of the navigational watch were familiar with
bridge control and navigational equipment. Thus, in these Resolutions, we see the beginning of a focus
on the human element, which departed from the previously restricted ambit of port state control
inspection that involved checking certificates and documents only.

Detainable deficiencies as per PSC

1. Lifesaving Appliances
Properly functioning lifesaving appliances are key elements of ship safety. Routine crew
examinations and proper maintenance can identify or remedy potential problems, such as
structural defects in lifeboats, inoperative lifeboat engines or flemming gear, missing or
inoperative lights on lifebuoys and lifejackets, excessively worn lifting hooks in lifeboats,
missing retro-reflective tape from equipment, badly corroded engine mounts in lifeboats,
missing safety equipment from lifeboats, unsatisfactory “float-free” arrangement on life rafts
and inoperative lifeboat launching systems.
2. Fire fighting Equipment
It is of utmost importance that the fire fighting equipment be properly examined, maintained
and ready for immediate use at all times. Unfortunately, there are many fire fighting findings
(related to the detection, extinction or risk of fire) observed during surveys and audits
including: missing or holed fire hoses; missing fire hose nozzles: defective breathing
apparatus; excessive oil accumulation in machinery spaces bilges broke!! Fire detectors;
missing, poorly maintained or uncharged fire extinguishers; holed or soft patched fire mains;
missing or broken fire station cabinet handles and hinges, wrenches and hydrant hand wheels;
unmarked, broken or inoperative fire dampers; unprepared fire and emergency crews; valves
and fittings related to IGS in disrepair; C02 cylinder room being used for storage; paints stored
in machinery spaces instead of in a dedicated paint locker; heavy accumulation of grease in
galley exhaust ventilation trunk; seized machinery space skylights; frozen or holed funnel
dampers; engine room ventilators.
3. Navigation Equipment
During surveys and audits, the types of findings include out-of-date, uncorrected or missing
charts for the intended voyages; inaccurately calibrated magnetic compasses; faulty radio
direction finders, echo depth sounders, radar's, gyro repeaters, and navigation lights; outdated
Tide Tables, List of Lights and Sailing Directions, etc.; and copies of regulations (e.g.,
SOLAS, MARPOL, ITU etc.) not on board
Cargo Ship Safety Construction Surveys
The following findings deal mainly with steering gear and mooring arrangement requirements.
Other findings, which relate to structural items, are discussed under class surveys, hull (below)
– steering control malfunctioning; officers not knowledgeable about emergency steering
procedures; communications in emergency steering room not working; anchor chains,
windlasses, wire ropes and mooring lines in a deteriorated physical condition and potentially
dangerous; defective guards on winches and windlasses; and missing anchors and chain.
MARPOL Surveys
Careful attention should be paid to pollution prevention measures on board, as well as
maintaining accurate records for the handling of oil and other pollutants. Penalties can be
severe for an owner and any irresponsible crewmember if a vessel fails to comply with the
regulations. Findings noted during surveys and audits include – missing oil record keeping
book or entries not up to date; poorly maintained, mis-operating or inoperative equipment for
separating oil from water including oil-content monitoring devices; sludge tank connected
directly overboard; and missing or un-posted pollution placard.

Q7) General actions in emergency

JULY 2019
Q1) T/C AND DEMISE CHARTER OWNER’S ROLE
TIME CHARTER

a) General: These types of charter differ from voyage charters in that the owner places the vessel, crew and
equipment at the disposal of the charterer. The charterer then generally has full commercial control of the vessel,
including arranging bunkers, handling operations, port charges and other matters that would normally handled by
the owner under a voyage charter. Under a time charter the owner will receive hire based on the period of the
charter or per dead-weight tonne per month.
b) Charter Party: On receiving the recap or fixture note the Operator is responsible for ensuring that the Master is
provided with all the necessary information in order to comply with the terms of the contract and to be able to
work with the time charterers. In particular the Operator must carefully note the period of the charter, any cargo
exclusions, trading limits, performance warranties and the hire rate and frequency of payment.
c) Hire: The Operator is responsible for ensuring that hire is invoiced as per the terms of the charter party and
that the same is collected without delay. Any problems with non-payment of hire must be notified to the
Manager.
d) On/Off Hire Surveys : The Operator must ensure that on-hire and off-hire surveys are arranged as required and
that the client's interests in this regard are ensured. The Operator is to make best efforts to reduce the costs of
these surveys by either sharing them with the charterer or by coinciding the on-hire survey with the previous
charter off-hire survey.
e) Speed and Performance: Speed and performance is an extremely important aspect of time charters and the
Operator must ensure that the Master is fully aware of the provisions of the charter party warranties. Operator
must ensure that adequate arrangements are in place to ensure that speed and performance are properly
monitored and recorded in order to compile any claims against the charterer or to check and counter any claims
that may be received from the charterer.

f) Charter Reconciliation: With the assistance of the Assistants, the Operator must ensure that the time charter
reconciliation is carried out as quickly and accurately as possible on the vessel being redelivered. This includes
on/off hire survey fees, delivery and re-delivery bunkers, performance claims, owner's port expenses, off-hire
claims and other such matters. The Operator should engage the services of the clients FD&D Club if necessary in
order to assist in this if required.
g) Off-hire: The Operator must liaise closely with the Master and the technical manager in order to ensure that
down time for owner's requirements is kept to an absolute minimum. This will include liasing with regard to crew
changes, maintenance, stores delivery and other such matters.
h) Claims: The Operator is responsible for both compiling and countering any claims that arise during the period
of the time charter. The Manager must be consulted in the event of any disputes or difficult claims. The clients
PandI and/or FD&D Club must be engaged to assist as required in such circumstances.
DEMISE CHARTER:
Demise charter, or bareboat charter, occurs when an owner hires or leases the vessel to a charterer who then
provides the crew, together with stores and bunkers as well as paying for all the operating costs. In such cases the
vessel will then likely be sub-let by the bareboat charterer on time and/or voyage charters. The preceding sections
of the procedure will then apply.

Q2A). 190. Misconduct endangering life or ship.―No master, seaman, or apprentice belonging to an Indian
ship, wherever it may be, or to any other ship, while in India, shall knowingly—
(a) do anything tending to the immediate loss or destruction of, or serious damage to, the ship, or tending
immediately to endanger the life of, or to cause injury to any person belonging to or on board the ship; or
(b) refuse or omit to do any lawful act proper and requisite to be done by him for preserving the ship from
immediate loss, destruction or serious damage, or for preserving any person belonging to or on board the ship from
danger to life or from injury.
194. General offences against discipline.―A seaman lawfully engaged or an apprentice shall be guilty of an
offence against discipline if he commits any of the following acts, namely:―
(a) if he quits the ship without leave after her arrival at her port of delivery and before she is placed in security;
(b) if he is guilty of wilful disobedience to any lawful command or neglect of duty;
(c) if he is guilty of continued wilful disobedience to lawful commands or continued wilful neglect of
duty;
(d) if he assaults the master or any other 1[officer of or a seaman or an apprentice belonging to, the ship];
(e) if he combines with any of the crew to disobey lawful commands or to neglect duty or to impede the
navigation of the ship or retard the progress of the voyage;
(f) if he willfully damages his ship or commits criminal misappropriation or breach of trust in respect of, or willfully
damages any of, her stores or cargo.

ACT NO. 32 OF 2014

2[88A. Definitions.―In this Part, unless the context otherwise requires,―

 (a) “Declaration of Maritime Labour Compliance” means a declaration issued by the Director-General of Shipping
or by any officer, authority or organization authorized by him in this behalf, in respect of a ship that it meets with
the requirements and standards set out in the provisions of the Maritime Labour Convention;
(b) “Maritime Labour Certificate” means the certificate issued by the Director-General of Shipping or by any
officer, authority or organisation authorised by him in this behalf, in accordance with the provisions of the
Maritime Labour Convention;
(c) “Maritime Labour Convention” means the International Convention of Maritime Labour Organisation on
Maritime Labour Standards signed in Geneva on the 23rd February, 2006;
(d) “seafarer” means any person who is employed or engaged or works in any capacity on board a sea going ship,
but does not include―
(i) the employment or engagement or work on board in any capacity of any person in a ship of war; or
(ii) any Government ship used for military or non-commercial purposes.
88B. Application of maritime labour standards to seafarers and ships.―(1) The provisions relating to maritime
labour standards as contained in the Maritime Labour Convention, shall apply to all seafarers and ships engaged
in commercial activities, but does not include― (a) ships which navigate exclusively in inland waters or waters
within, or closely adjacent to, sheltered waters or areas where any law for the time being in force relating to ports
apply;
(b) ships engaged in fishing activities;
(c) traditionally built ships such as dhows and junks;
(d) ships of war or naval auxiliaries.

Extra
(2) Subject to the provisions of sub-section (1), the Central Government may, on the recommendation of the
Director-General of Shipping, by order, extend the provisions of the said sub-section to ships not engaged in
commercial activities with such exceptions and modifications as it may consider necessary.]

Document In force w.e.f.

India's
position

3. Protocol of 1988 relating to the International Convention for the Not Yet In
Safety of Life at Sea 1974 (SOLAS PROT (HSSC)1988) Force

8. Protocol of 1988 relating to the International Convention on Not Yet In

Loadlines, 1966 (LL PROT(HSSC) 1988) Force

10. International Convention relating to Intervention on the High Seas in

6.5.75 Under
cases of Oil Pollution Casualties 1969 (Intervention 1969) Consideration.

11. Protocol relating to Intervention on High Seas in cases of pollution 30.3.83 --

by substances other than oil 1973 (INTERVENTION PROT 1973)

14. Protocol of 1992 to amend the International Convention on Civil 30.5.96 --

Liability for Oil Pollution Damage 1969 (CLC PROT 1992)

17. Convention relating to Civil Liability in the field of Maritime 15.7.75 Considered and
Carriage of Nuclear Material, 1971 (NUCLEAR 1971) decided not to
ratify.

18. International Convention on the establishment of an International 16.10.78 Ratified

Fund for compensation of Oil Pollution Damage 1971 (FUND 1971)

20.. Protocol of 1992 to amend the International Convention on the 30.5.96 Under Consideration
establishment of an International Fund for the compensation of Oil
Pollution Damage 1971(FUND PROT 1992)

22. Athens Convention relating to the Carriage of Passengers and their28.4.87 --

luggage by Sea 1974 (PAL 1974)

23. Protocol to the Athens Convention relating to the Carriage of 30.4.89 --

Passengers and their luggage by Sea 1974 (PAL PROT 1976)

27. Convention on limitation of liability for Maritime Claims 1976 1.12.86 --

(LMC 1976)

29. International Convention on Maritime Search and Rescue, 1979 22.6.85 Under
(SAR 1979) Consideration.

30. Convention for suppression of Unlawful Acts against the Safety of1.3.92 Under
Maritime Navigation (SWA 1988) Consideration.

31. Protocol for the suppression of unlawful acts against the Safety of 1.3.92 Under
Fixed Platforms located on the Continental Shelf (SWA PROT 1988) Consideration.

33. International Convention on Oil Pollution Preparedness response 13.5.95 Under

and cooperation 1990 (OPRC 1990) Consideration.

34. Convention on the Prevention of Marine Pollution by Dumping of30.8.75 Consideration kept
Wastes, and other matter 1972 as amended (LDC (Amended) 1972) in abeyance

35. International Convention on Standard of Training Certification andNot yet In

Watch-keeping for fishing Vessels Personnel (STCW-F) force

36. Torremolinos Protocol of 1993 relating to the Terremolinos Not yet In

International Convention for the Safety of Fishing Vessels 1977 (SFV force
PROT 1993)

The position in respect of the remaining Conventions Protocols (after deducting those ratified and under
consideration mentioned above) is as follows:-
(i) Protocol relating to Intervention on High Seas in cases of pollution by substances other than oil 1973.
This protocol, which came into force on 30.3.87 contains provisions relating to pollution of High Seas by sewage,
by nuclear substances or by chemical. The provisions of this convention are also relevant in terms of intervention
convention 1969. Therefore, action will be initiated after examining the issues involved therein including the
financial implications to ratify this protocol.
(ii) Convention relating to Civil Liability in the fields on Maritime Carriage of Nuclear Materials 1971.
This Convention which came into force on 15.7.75 mainly lays down the liability of owners of vessels for carriage of
nuclear material. This Convention confirms and reinforces the special system establishment by the Convention on
Civil Liability for Nuclear Damage 1963 (also known as Vienna Convention). This subject has also been mentioned
in the convention on third party liability in the field of Nuclear Energy 1960 (also known as 1960 Paris convention).
The Department of Atomic Energy while considering the ratification 1963 Vienna Convention has expresssed that
India should not become party to 1963 Vienna convention for the following main reasons:-

(a) No important country has become a party to it. Consequently, participation in the Convention would have
very limited advantage.
(b) Its features are of little appeal or applicability or relevance to India, and no advantage will accrue to India
as a result of participation in it.
They further advised that no useful purpose would be served by ratifying the present convention without
becoming party to the Vienna Convention. The Ministry of Surface Transport after having considered the views
expressed by the Dept. of Atomic Energy agreed not to press for ratification of this Convention. The position
remains the same as on date.
(iii) , (iv) & (v) The Athens Convention relating to the Carriage of Passengers and their luggage by sea 1976 and
1990 protocols.
This Convention lays down the liability of Shipowners for death or personal injury to a passenger and also for loss
of or damage to Passenger luggage if the incident causing such damage was due to the fault or the neglect of the
carrier or his servants or agents. The Liability has been fixed at such a high level (ranging from 18000 francs for
loss of / damage, to 7,00,000 francs for death or personal injury). The Indian shipowners who operate Passenger
services only in Coastal waters have opposed stating that acceptance of such heavy liability would necessitate
substantial increase in passenger fares and Insurance cover. It may be stated that the provision of M. S. Act
already provide for liability of owners for personal and property claims, which is lower than the liability under the
Athens Convention. Further, there was a proposal to incorporate in the M. S. Act, 1958 specific provisions for
casting a liability on shipowners to pay compensation for death or injury to passengers upto Rs. 1 lakh irrespective
of whether the owner is at fault or not. However, the M. S. Act Review Committee which was set up to review the
existing Act recommended giving powers to the Central Govt. to fix such lower limit of liability on Shipowners of
ships (in respect to claims related to passengers carried by the ships in coastal trade of India) as may be notified
by the Central Govt. from time to time. Simultaneously the committee did not favor the system of payment of
specific compensation irrespective of shipowners fault as claimants could claim even higher compensation but
within the limit notified by government as suggested above. For these reasons, the ratification of Convention /
Protocols has not been taken up.
(vi) The Convention on Limitation of Liability for Maritime Claims, 1976.
This Convention has replaced International Convention relating to the Limitation of Liability of owners of
seagoing ships, 1957. It came into force from 1 December, 1986. The provisions of 1957 Convention have already
st

been incorporated in the M. S. Act, 1958. The 1976 Convention mainly increase the amounts of limits of liability
for loss of life or damage to property by almost two to four times the limits prescribed by the 1957 Convention. It
has also specific provision for compensations to be given for death or injury of a passenger and loss or damage to
passengers luggage equivalent to the provisions of the Athens Convention.
(vii) The Torremolinos International Convention on safety of fishing vessels 1977 (revised by protocol of 1993)
This Convention which has not come into force prescribed international standards for construction, survey,
equipment, maintenance and operation of fishing vessels propelled by mechanical means of propulsion. It has not
come into force. The question of its ratification by India has not yet been considered since there are very few
fishing vessels of the type mentioned in the convention, operating in India. However the provisions of the
convention are kept in mind while approving while approving technical plans relating to construction of new
fishing vessels.

Q 3)a CLC convention and fund convention compensation mechanism:

a) The Civil Liability Convention was adopted to ensure that adequate compensation is
available to persons who suffer oil pollution damage resulting from maritime casualties
involving oil-carrying ships. The Convention places the liability for such damage on the owner
of the ship from which the polluting oil escaped or was discharged. The owner of a tanker
has strict liability (i.e. he is liable also in the absence of fault) for pollution damage
caused
by oil spilled from his tanker as a result of an incident. He is exempt from liability under the
1992 Civil Liability Convention only if he proves that:
(a) The damage resulted from an act of war or a grave natural disaster, or
(b) The damage was wholly caused by sabotage by a third party, or
(c) The damage was wholly caused by the negligence of public authorities in not maintaining
lights or other navigational aids.
Subject to a number of specific exceptions, this liability is strict; it is the duty of the owner to
prove in each case that any of the exceptions should in fact operate. However, except where the
owner has been guilty of actual fault, they may limit liability in respect of any one incident.
The Convention requires ships covered by it to maintain compulsory insurance in
sums
equivalent to the owner's total liability for one incident.
The Convention applies to all seagoing vessels actually carrying oil in bulk as cargo, but only
ships carrying more than 2,000 tons of oil are required to maintain insurance in respect of oil
pollution damage. The Convention covers pollution damage resulting from spills of persistent
oils suffered in the territory (including the territorial sea) of a State Party to the Convention. It
is applicable to ships, which actually carry oil in bulk as cargo, i.e. generally laden tankers.
Spills from tankers in ballast or bunker spills from ships other than tankers are not covered, nor
is it possible to recover costs when preventive measures are so successful that no actual spill
occurs2. The ship owner cannot limit liability if the incident occurred as a result of the owner's
personal fault. Claims for pollution damage under the 1992 Civil Liability Convention can be
made only against the registered owner of the tanker concerned.
The liability of the ship owner as it stands today:
For a ship not exceeding 5,000 gross tons, liability is limited to 4.51 million SDR.
For a ship 5,000 to 140,000 gross tonnage: liability is limited to 4.51 million SDR
plus 631
SDR for each additional gross tonne over 5,000.
For a ship over 140,000 gross tonnage: liability is limited to 89.77 million SDR.
Fund convention earlier discussed
The 2003 Protocol (supplementary fund)
The aim of the established Fund is to supplement the compensation available under the 1992
Civil Liability and Fund Conventions with an additional, third tier of compensation. The
Protocol is optional and participation is open to all States Parties to the 1992 Fund
Convention.
The total amount of compensation payable for any one incident will be limited to
a
combined total of 750 million SDR includes the amount of compensation paid
under the
existing CLC/Fund Convention.

The Civil Liability Convention (CLC) IS THE first Tier of oil pollution compensation
mechanism. CLC only deals with how much will an oil tanker owner pay, if his tanker is
involved in a pollution incident. An oil pollution incident means when the oil has actually
come out into the marine environment. This means, for example, if in a collision oil has come
out only from one of the tankers, then the oil tanker owner from whose tanker the oil has come
into the marine environment, will have to pay. Also, CLC is a compensation mechanism only
and not a punishment or a fine. This means that after an oil pollution incident, the oil tanker
will only pay if there is a claim. If however, there is no claim, then the oil tanker owner does
not pay. CLC is applicable to persistent oils only [oils, which have characteristics of persisting
(floating) on the surface of water – meaning different grades of crude oil when carried as
cargo, as well as bunker pollution from oil tankers only).
CLC requires the following:
(i) Strict Liability – this means that when there is a claim, then the tanker owner has to
pay without even waiting to find out who was at fault that resulted in the pollution
incident. The oil tanker owner can later claim from the party at fault, but he has to
pay now to settle the claims. Only in the following three cases the oil tanker will not
have to pay anything:
O Act of God.
O Act of war or sabotage.
O When the relevant Government authorities have not acted responsibly in
maintaining the navigational aids / depths of water within their area and this
leads to a pollution incident.
(ii) Compulsory Insurance Cover – the oil tanker owner is required to maintain a
compulsory insurance cover to cover his part of payment in an oil pollution
incident. He gets this insurance cover from his P & I Club (liability insurance).
After getting the required insurance cover, the oil tanker owner approaches the Flag
State, who issues the oil tanker a CLC Certificate, which is always kept on board.
The meaning of CLC Certificate on board is that the money is standing by with the
P & I Club and will be paid by them to settle all claims after any oil pollution
incident.
The maximum amount to be paid by the oil tanker owner is as follows:
Up to 5000 GT = 4.51 million SDR.
5001 GT – 140,000 = (4.51 million SDR + 631 SDR/GT) SDR.
> 140,000 GT = 89.77 million SDR.
Fund Convention
Two years after CLC, it was realised that there needs to be more money in case the oil
pollution incident is so huge that the total claims amount to be greater than what the oil tanker owner
pays under CLC. Member countries at IMO decided to involve the oil importers by asking them to
make an annual contribution to a FUND so that additional money is always standing by and to be
given to people who make a claim after an oil pollution incident.
Therefore, the Fund Convention was created and this is known as the SECOND Tier of the
oil pollution compensation mechanism. Fund Convention requires only the oil importers who
import 150,000 MT or more of oil per annum to make an annual contribution to a Fund
known as International Oil Pollution Compensation Fund (IOPC Fund with headquarters in
London). Therefore, any person / organisation who has imported 150,000 MT of oil in the
previous year is called a ‘contributor’ and therefore the ENTIRE amount of oil imported by
him is used to calculate his contribution and this is known as the contributing oil (for
example, if a person has imported 175,000 MT of oil in the previous year then he qualifies as a
contributor and the entire amount of 175,000 MT will be used to calculate his contribution to the
IOPC Fund. His ‘contributing oil’ will be 175,000 MT. Please do not make the mistake by thinking
that only 25000 MT will be used for calculation. 150,000 MT figure is used only to decide whether a
person is a contributor or not). Also, the maximum amount available for EVERY INCIDENT PER
YEAR is 203 million SDR and this includes the payment by the oil tanker owner under the CLC
(CLC + FUND = 203 million SDR).
In 2000, the Fund Convention was amended to include a Supplementary Fund but it was kept
OPTIONAL for countries to follow it and this forms the THIRD Tier of the oil pollution
compensation mechanism [for example, INDIA is party to CLC and Fund (first and second
tier) but NOT a part to the Supplementary Fund (the third tier)]. Therefore, if we include the
Supplementary Fund also, the TOTAL amount available for EVERY INCIDENT PER YEAR
3B) Diff between clc & wreck removal
Bunker Certificates
All ships 1000 GT and above are obliged to have a Bunker Certificate, which confirms
insurance or any other guarantee covering civil liability in connection with pollution
damages caused by bunker oil from ships
CLC certificates
All tankers transporting 2,000 tons or more are obliged also to have a CLC certificate,
which confirms insurance or any other guarantee covering civil liability for oil pollution
damages from ships. Bunker certificates and CLC certificates must be renewed on a yearly
basis no later than the 20th of February.
Wreck Removal Certificate
Application for certificate of insurance or other financial security in respect of shipowner
liability for the of removal wrecks, etc.

4a) VLCC EMERGENCY MANUEVER

(a) Stopping ability is measured by the “track reach” and “head reach” realized in a stop
engine-full astern manoeuvre performed after a steady approach at the test speed until ahead
speed in ship coordinates changes sign (i.e., vessel starts going backward).
Track Reach is defined as a distance along the vessel’s track that the vessel covers from the
moment that the “full astern” command is given until ahead speed changes sign.
Head Reach is defined as a distance along the direction of the course at the moment when the
“full astern” command was given. The distance is measured from the moment when the “full
astern” command is given until the vessel is stopped dead in the water.
Track Reach Criterion
The stopping ability of the vessel is judged using a full astern crash stop manoeuvre. Based on
IMO requirements the track reach should generally not exceed 15 ship lengths (measured along
the path). However, in the case of low-powered large displacement vessels, this value may be
modified, but in no case should exceed 20 ship lengths. Determination of whether a vessel falls
into the category of “low powered large displacement vessels”.
Head Reach Criterion
Head reach criterion in a form of rating is based on statistics of sea trials.
Stopping ability rating only if:
TR < 20L only for low-powered large displacement vessel
TR < 15L in all other cases where:
TR = track reach, in meters
L = vessel length,

Spiral manoeuvre.
Zig-zag manoeuvre.
Turning circle diameter (TCD) trials.
Crash-stop manoeuvres.

Vicarious Liability
Vicarious liability is a principle developed by the Courts, that
means a party can be held liable for wrongs committed by
another person. This most commonly occurs in the
employment context. If there is a sufficient connection
between the wrong committed by the employee and the
employment, the employer can be held liable for the damage
resulting from the wrong even though the employer may not
have committed such a wrong itself.
 five criteria identified in earlier case law case which usually
make it fair, just and reasonable to impose vicarious liability
on the employer:
(i) the employer is more likely to have the means to
compensate the victim than the employee and can be
expected to have insured against that liability;
(ii) the tort will have been committed as a result of activity
being taken by the employee on behalf of the employer;
(iii) the employee's activity is likely to be part of the
business activity of the employer;
(iv) the employer, by employing the employee to carry on the
activity will have created the risk of the tort committed by
the employee;
(v) the employee will, to a greater or lesser degree, have
been under the control of the employer.

5a) Rule 2 vs Rule 18

Responsibility
(a) Nothing in these Rules shall exonerate any vessel, or the owner, master or crew thereof, from
the consequences of any neglect to comply with these Rules or of the neglect of any precaution
which may be required by the ordinary practice of seamen, or by the special circumstances of the
case
(b) In construing and complying with these Rules due regard shall be had to all dangers of
navigation and collision and to any special circumstances, including the limitations of the vessels
involved, which may make a departure from these Rules necessary to avoid immediate danger
[Rule 2 is sometimes referred to as the "General Prudential" rule and provides for non-conformance
with stated rules in order to prevent a collision, because what is paramount is to avoid or minimize the
damaging effects of a collision, as opposed to blindly following the rules to the letter. The overall intent is
to minimize actual collision taking place rather than rule compliance in and of itself, per se.]

5b) SUA Convention

• The SUA Convention did not define the term ‘terrorism’ or the term ‘maritime
terrorism’.
• As discussed earlier, the definition of terrorism is a highly contested issue.
• Instead, the Convention identified some relevant offences or unlawful acts.
Article 3 of the SUA Convention classified the following as unlawful acts
a) Seizure or exercise of control over a ship by intimidation
b) Violence against a person on board a ship if the violence has potential to endanger
the safety of navigation of the ship
c) Destruction or damage of a ship or its cargo
d) Placing a device or substance to destroy or damage a ship or its cargo
e) Destruction, damage and interference to navigational facilities
f) Endangering a ship by communicating false information.

• The SUA Convention imposes an obligation on State parties to criminalise

unlawful seizure, control, destruction and damage of ships within and beyond
the territorial jurisdiction of their country, including its territorial waters.
• State parties are obliged to make this offence punishable under their national
law, ‘taking into account the grave nature of those offences’
Other conventions that may be of relevance in the repression and effective prosecution of piracy include:
(a) The Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, 1988, and
its Protocols;
(b) The International Convention Against the Taking of Hostages, 1979;

Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA Convention),
1988, as amended
It is important to distinguish piracy, as defined in UNCLOS, from “armed robbery against ships”; this is not
addressed in UNCLOS, but is defined by the IMO Code of Practice for the Investigation of Crimes of Piracy and
Armed Robbery Against Ships.58 Article 2.2 of the Code provides: Armed robbery against ships means any of
the following acts: 1. Any illegal act of violence or detention or any act of depredation, or threat thereof,
other than an act of ‘piracy’, committed for private ends and directed against a ship or against persons or
property on board such ship, within a State’s internal waters, archipelagic waters and territorial sea; 2. Any
act of inciting or of intentionally facilitating an act described above. 51. In cases of armed robbery against
ships, primary responsibility for enforcement measures would, in accordance with part II of UNCLOS, normally
fall on the coastal State. Armed robbery against ships also constitutes an offence under the 1988 Convention
for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (SUA Convention) (c) The
United Nations Convention on Transnational Organized Crime, 2000.

52. The SUA Convention was adopted following the incident on board the Achille Lauro in 1985, where the
vessel was seized by a group of Palestinians posing as passengers. The incident served as an illustration of the
inadequacy of the international legal regime governing piracy under UNCLOS, in so far as it concerned the
exclusion from the definition of piracy of acts of terrorism that are politically motivated, such as hijackings
and internal seizures of a ship. 53. The SUA Convention complements the provisions on piracy that are found
in UNCLOS, as it provides further definitions of offences that threaten the safety of maritime navigation. It
also obliges Contracting States to either extradite or prosecute alleged offenders of unlawful acts. 54. Thus
the SUA Convention may provide an additional basis for jurisdiction in cases where the act falls outside the
geographic or substantive scope of UNCLOS, i.e. does not fall within the traditional definition of piracy as
reflected in UNCLOS. Moreover, the specific obligations imposed on Contracting States to the SUA Convention
may play an important part in the context of maritime piracy. 1.1. Offences 55. The offences dealt with by
the SUA Convention are set out in article 3 of the Convention, which provides: 1. Any person commits an
offence if that person unlawfully and intentionally: (a) seizes or exercises control over a ship by force or threat
thereof or any other form of intimidation; or (b) performs an act of violence against a person on board a ship
if that act is likely to endanger the safe navigation of that ship; or (c) destroys a ship or causes damage to a
ship or to its cargo which is likely to endanger the safe navigation of that ship; or (d) places or causes to be
placed on a ship, by any means whatsoever, a device or substance which is likely to destroy that ship, or
cause damage to that ship or its cargo which endangers or is likely to endanger the safe navigation of that
ship; or (e) destroys or seriously damages maritime navigational facilities or seriously interferes with their
operation, if any such act is likely to endanger the safe navigation of a ship; or (f) communicates information
which he knows to be false, thereby endangering the safe navigation of a ship; or (g) injures or kills any
person, in connection with the commission or the attempted commission of any of
the offences set forth in subparagraphs (a) to (f). 2. Any person also commits an offence if that person: (a)
attempts to commit any of the offences set forth in paragraph 1; or (b) abets the commission of any of the
offences set forth in paragraph 1 perpetrated by any person or is otherwise an accomplice of a person who
commits such an offence; or (c) threatens, with or without a condition, as is provided for under national law,
aimed at compelling a physical or juridical person to do or refrain from doing any act, to commit any
of the offences set forth in paragraph 1, subparagraphs (b), (c) and (e), if that threat is likely to endanger the
safe navigation of the ship in question. 56. While article 3 of the SUA Convention does not explicitly refer to
piratical acts or armed robbery against ships, many of the offences listed (e.g. article 3(1)(a) and (b)) contain
the basic elements of the crime of piracy, and therefore such acts may be covered by the SUA Convention.
That being said, the SUA Convention creates separate offences from those provided in article 101 of UNCLOS.
This allows a prosecuting State to choose whether to prosecute under the SUA Convention or UNCLOS,
provided that the relevant offences are explicitly included in that State’s criminal legislation.59 57. Article
3(2) of the SUA Convention requires the acts of attempting, abetting and threatening to carry out the offences
in article 3(1) to also be considered as crimes under the Convention. The IMO secretariat has noted that the
terminology employed in article 101(c) of UNCLOS, namely “inciting” and “intentionally facilitating” acts of
piracy, is somewhat different, although some of the concepts may overlap, for example, “facilitating” and
“abetting”.60 58. It is also worth noting that the offences listed in article 3 are not limited to those that
involve more than one ship. As such, the internal seizure of a ship may fall within one of the listed
offences. sua convention.pdf

6a) SOLAS REG 19 Chapter 1

MARPOL REG 11
Ilo 147 minimum standard convention- explain MLC

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

regulation 19-ch1- solas

Regulation 19 Control Every ship holding a certificate issued under Regulation 12 or Regulation 13 of this
Chapter is subject in the ports of the other Contracting Governments to control by officers duly authorized by
such Governments in so far as this control is directed towards verifying that there is on board a valid
certificate. Such certificate shall be accepted unless there are clear grounds for believing that the condition of
the ship or of its equipment does not correspond substantially with the particulars of that certificate. In that
case, the officer carrying out the control shall take such steps as will ensure that the ship shall not sail until it
can proceed to sea without danger to the passengers or the crew. In the event of this control giving rise to
intervention of any kind, the officer carrying out the control shall inform the Consul of the State whose flag
the ship is entitled to fly in writing forthwith of all the circumstances in which intervention was deemed to be
necessary, and the facts shall be reported to the Organization.
Regulation 11 - Port State control on operational requirements*

1 A ship when in a port or an offshore terminal of another Party is subject to inspection by

officers duly authorized by such Party concerning operational requirements under this Annex,
where there are clear grounds for believing that the master or crew are not familiar with
essential shipboard procedures relating to the prevention of pollution by oil.

2 In the circumstances given in paragraph 1 of this regulation, the Party shall take such
steps as will ensure that the ship shall not sail until the situation has been brought to order in
accordance with the requirements of this Annex.

3 Procedures relating to the port State control prescribed in article 5 of the present
Convention shall apply to this regulation.

4 Nothing in this regulation shall be construed to limit the rights and obligations of a Party
carrying out control over operational requirements specifically provided for in the present
Convention.

Structure of the MLC

• Articles- set out the principles and obligations.

• Regulations, Standards (Part A) and Guidelines (Part B) in the Code integrated/organized under five
Titles:
1. Minimum requirements for seafarers to work on a ship
2. Conditions of employment
3. Accommodation,recreational facilities, food and catering
4. Health protection, medical care, welfare and social security protection
5. Compliance and enforcement

Inspections in port/ Port State Control

• Inspections in port
• More detailed inspection can be carried out when:
– the documents are not produced/ invalid/ falsified
– grounds for believing that the working and living conditions are substandard
– the ship has attempted to avoid compliance
– a complaint by a seafarer, trade union, person interested in safety and health of seafarers/
their ship
• Examples of circumstances that may require detention

Q 6B) PSC DETENTION-SMS FAILURE

6(b) Role of Port State Control (PSC)
Much of the success, or otherwise, of the ISM Code will depend upon how well the system is
policed by PSC. Indeed the whole industry appears to have taken it as a foregone conclusion
that PSC will be the policemen of the Code. It should be remembered, however, that the
intention is that the company – the personnel of the companies, both ashore and on board – is
primarily charged with ensuring compliance. After all the SMS is its system – it is the one
exposed to accident and claims; it is the one, which will face the consequences. Following the
company, though, the responsibility for verifying that the SMS has not only been properly
developed and implemented, but also that it is properly functioning, rests with the
Administration – the flag state.
There is no mention about this in the ISM Code, Chapter IX of SOLAS. Where, and how, then
do Port States fit into the picture? What powers do they have and how may they exercise their
authority to check compliance with ISM and to impose sanctions against those who do not
comply. A brief explanation is given here. PSC inspectors are officials representing the
government of the country, which the ship is visiting. International co-operation between PSC
and consequently government in different countries is effected through MOU. In accordance
with the provisions of SOLAS, Port State authorities can board and conduct inspections of
foreign vessels in their ports. The purpose of these inspections is to identify deficiencies, if
any, in vessels, which would render them non-compliant with internationally, recognised safety
standards and also to eliminate unfair competition. Since ISM Code has been incorporated into
Chapter IX of SOLAS, this will clearly bring the operation of the ship’s SMS within the ambit
of PSC. Clearly, the first thing the PSC officer is going to request is sight of the copy of DOC
and the ship’s SMC. The question which obviously needs to be asked now is along the
following lines: if the copy of DOC and SMC appear to be in order, how much further can the
PSC officer go to check the ISM compliance? Because the SMS is not a physical “thing”
which the PSC officer can observe visually and take a view on whether there is an indication of
a serious deficiency. Certainly it is relatively easy task for an inspector to look at the portable
fire extinguishers and form a view on whether they appear to be properly maintained and
serviced. That they are clean, accessible and carry a label stating when they were last tested
and/or re-charged. If there is something, which causes him concern, then he is likely to ask for
one of the extinguishers to be discharged.
Certainly one way to proceed further by the PSC officer in checking the SMS is to observe, for
example, a portable fire extinguisher which is perhaps dirty or has passed its recharge/test date.
The PSC officer may pick a member of the crew at random and ask him to set off an
extinguisher. The PSC officer may then ask to see the relevant procedures manual and the
particular procedure dealing with the inspection, care and maintenance of the portable fire
extinguishers and will then be on a paper audit trail to establish whether those written procedures are being
followed. This process should reveal the records as well as, corrective actions taken to rectify the system in
this regard including the company’s verification. He may also see the planned maintenance procedures
relevant to the portable fire extinguishers. He may ask to see the familiarisation and training procedures and
ask to see those records for the present crew to confirm that they have received familiarisation and training in
the use of portable fire extinguishers. If problems start to come to light while following the audit trails
then clearly the PSC officer is likely to expand his investigation into the functioning of the SMS

Q7 b) OPRC CONVENTION
(b) International Convention on Oil Pollution Preparedness, Response and Co-operation
(OPRC) is an international maritime convention establishing measures for dealing with marine oil
pollution incidents nationally and in co-operation with other countries and are required to establish
measures for dealing with pollution incidents, either nationally or in co-operation with other countries
– THIS MEANS TO HAVE A CONTINGENCY PLAN FOR OIL POLLUTION AT
THE REGIONAL LEVEL INVOVING A NUMBER OF
COUNTRIES IN A REGION.
The primary objectives of the OPRC are as follows (ALL AT THE REGIONAL LEVEL):
O Contingency planning and coordinated response procedures.
O Establishment of equipment stocks sufficient to deal with oil pollution risks.
O Research and development programs.
O Training and exercise programs to facilitate oil spill response.
O SOPEP to be carried on board all vessels over a stipulated size.
Responsibilities of Ships and Oil pollution reporting procedures
1. Ships are required to carry a shipboard oil pollution emergency plan, in accordance
with the provisions adopted by the IMO for this purpose. These plans are subject, while
in a port or at an offshore terminal under the jurisdiction of a Party, to inspection by
officers duly authorized by that Party. SOPEP IS THE ACCEPTABLE SHIPBOARD
PLAN FOR OPRC. A contingency plan specifically for OPRC is therefore NOT
REQUIRED.
2. Ships are required to report any observed event at sea involving a discharge of oil or the
presence of oil or incidents of pollution to coastal authorities and the convention details
the actions that are then to be taken.
OPRC - HNS PROTOCOL
The Protocol on Preparedness, Response and Co-operation to pollution Incidents by Hazardous and
Noxious Substances, 2000 (OPRC-HNS Protocol) follows the principles of the International
Convention on Oil Pollution Preparedness, Response and Co-operation, 1990 (OPRC) and was
formally adopted by States already Party to the OPRC Convention at a Diplomatic Conference held at
IMO headquarters in London in March 2000. The Protocol
entered into force on 14 June 2007.
Like the OPRC Convention, the HNS Protocol aims to provide a global framework for
international co-operation in combating major incidents or threats of marine pollution from
HNS. Parties to the HNS Protocol will be required to establish measures for dealing with
pollution incidents, either nationally or in co-operation with other countries. Ships will be
required to carry a shipboard pollution emergency plan (SMPEP) to deal specifically with
incidents involving HNS.

MAY 2019
Q 1) DIFFERENCE BETWEEN FIXED LAYTIME AND CUSTOMARY LAY TIME

It is defined in voyage charter party lay time interpretation rule as the period of time agreed between the
parties during which the owners will make and keep the vessel available for loading or discharging without
payment additional to the freight. It is time allowed to the charterers for cargo operation without additional
payment
It may be three types with respect to method of determining the duration --
1) Definite lay time -- it will be stated in charter party as 6 days --- or-- 48 running hours.
2) Calculable lay time --- It is determined by making a computation from information in the charter party e.g.
where a cargo weighing 20,000 tons is loaded at a rate of 10,000 tons/day, the lay time will be 2 days.
3) Indefinite lay time -- The charter party may state that the cargo to be loaded with " customary dispatch" or
" customary quick dispatch" or " as fast as vessel can receive".
Lay time is usually agreed to commence after a elapse of an agreed period after the vessel is
ready in all respect to load and has served the charterer a written notice called notice of readiness.
CUSTOMARY LT Means that the laytime is calculated by reference to the maximum
rat at which the ship in full working order is capable of loading or discharging the
cargo, that is, as fast as she can or with customary (quick) dispatch. The term
appears in a C/P when laytime is not fixed (indefinite) and is left to the custom of
the port.
Q. 2 (a) With respect to MSA 1958, define a ‘recruitment and placement
service’. What
safeguards are available under Section 95 to ensure their smooth
functioning?
“Recruitment and placement service” means any person, company, institution, agency or other
organisation, in the public or private sector which is engaged in recruiting seafarers on behalf of
employers or placing seafarers with employers.
The safeguards available as per DG Notice 2 of 2007 - Employment on board Merchant
Navy ships only through DGS approved Recruitment and Placement Service
providers which says that - As per Merchant Shipping Act, 1958, the Central Government has
made rules called the Merchant Shipping (Recruitment and Placement of Seafarers) Rules, 2005 with
a view to provide a mechanism of protection for Indian seafarers working on Indian and Foreign Flag
vessels. These Rules provide necessary safeguards for repatriation of Indian seafarers in the event of
their being stranded or during such other exigencies, when the ship owner fails to discharge the duty
of repatriating the seafarers to the home port of the seaman. Further, these rules authorize the
Seamen’s Employment Offices, with the permission of this Directorate, to issue licence, to regulate
and control the recruitment and placement services of seafarers. These rules also intend to protect
Indian seafarers from the failure of these recruitment agencies in meeting their obligations and to
ensure that no fees or other charges for recruitment or placement of seafarers are borne directly or
indirectly or in whole or in part by the seafarers.

Q 2 b) 2007 amendments to msact

AMENDMENT OF THE MERCHANT SHIPPING ACT, 1958

2. Amendment of long title : In the Merchant Shipping Act, 1958 (44 of 1958)
(hereinafter referred to as the principal Act), in the long title, for the word “registration”, the words
“registration, certification, safety and security” shall be substituted.
3. Amendment of section : In section 3 of the principal Act, after clause (44), the
following clause shall be inserted, namely:—
‘(44A) “security” means maritime security and includes any measure to protect ports or
ships or any person or thing relating directly or indirectly to maritime navigation,—
(i) against terrorism, sabotage, stowaways, illegal migrants, asylum seekers, piracy,
armed robbery, seizure or pilferage; and
(ii) against any other hostile act or influence which threatens the security in the
maritime transport sector,
employed by the owners or operators or persons in charge of the vessels or management
of port facilities, offshore installations and other marine organisations or establishments;’.
4. Amendment of section 31 : In section 31 of the principal Act, after clause (a), the
following clause shall be inserted, namely:—
“(aa) the ship identification number;”.
5. Insertion of new section 99A : After section 99 of the principal Act, the following
section shall be inserted, namely:—
‘99A. Prohibition of engagement of seafarer without seafarer's identity
document : (1) No person shall engage or carry to sea any seafarer in any ship, unless the
seafarer is in possession of seafarer’s identity document.
(2) The seafarer’s identity document under sub-section (1) shall be issued in such
form and manner and on payment of such fees as may be prescribed.
Explanation—For the purposes of this section, “seafarer” means any person who is
employed or engaged or works in any capacity on board a sea going ship ordinarily engaged in
maritime navigation, other than a ship of war.’.
6. Insertion of new Part IXB : After Part IXA of the principal Act, the following Part shall
be inserted, namely:— SECURITY OF SHIPS AND PORT FACILITIES

2C) MLC EFFECT ON AOA

. Five original copies of the articles of agreement may be signed between the
employer/employer’s agent and the seafarer ashore. This signing on will be done
in the office of the employer/employer’s agent, and not in the presence of
the Shipping Master. The seafarer shall report on board ship with the first three
signed original copies which shall be signed by the Master and the seafarer on
board the ship. After this, the 1st and 3rd original copies would remain in the
custody of Master whereas the 2nd original copy would be in possession of the
seafarer.

b. After the first three original copies have been taken on board the ship, there will
be two original copies left with employer/employer’s agent. The 4th & 5th original
copies would not have signatures made by Master or by seafarer on board the
ship. The 4th original copy will be retained by the employer/employer’s agent. The
last, namely the 5th original, copy will be forwarded by the employer/employer’s
agent to the concerned Shipping Master for the record at the earliest and in any
case not later than 48 hours of seafarer signing off, the agreement ashore in India
in the office of employer/employer’s agent

The Articles of Agreement must be in the prescribed from & is to be dated at the
time of the first signature of the crew & prior to this it must be signed by the owner
or agent & the master.

The crew agreement must contain

details of the following terms:
1. The name of the ship or ships on which the crewman agrees to serve.
2. The nature & duration of the voyage & the parts of the world to which the
voyage is not extended.
3. The number & description of the crew of each department.
4. The time, the seaman is to report on board.
 5. The capacity in which the seaman is to serve.
6. The seaman’s wages.
7. A scale of provisions to be furnished to each seaman, such scale being not
less than as laid down by the central government.
8. Details of warm clothing & provisions to be supplied in specified cold
regions.
9. Regulations regarding conduct on board & details of fines & punishments as
laid down by the central government.
10. Payment of compensation for injury or death.
11. In case the services are to be terminated outside India then the agreement
is to provide free repatriation back to India.

Any other stipulation that may be required.

In case there is any dispute between the owner or agent & the master of the
ship & a seaman such a dispute shall be referred to the nearest Indian
consular officer & his decision shall be binding till the ship returns to the port in
India at which the seaman is to be finally discharged.

The agreement must record the requirements of advance & allotments & other
stipulation not contrary to law. The master shall provide the copy of the
agreement to the members of the crew. Any change in a crew agreement is
only valid if it is made with the consent of all the parties concerned & the same
is to be attested by the shipping master in India or by an Indian consular officer
outside India.

Q 3a) Why wreck removal convention is not ratified by all the countries.

The purpose of the Nairobi Convention is to harmonize the regulations on

wreck removal.7 The convention is also meant to fill a gap in international
law by providing Coastal States with clear mandates of wreck removal
when it comes to wrecks situated outside of the territorial sea while at the
same time enabling them to claim compensation for incurred costs as a
result of the removal [Michel, 2007, p. 694 and cf. Sjöfartsverket (Eng.
Swedish Maritime Administration), 2011, p. 34]. Without the convention
the mandates of States are unclear when it comes to wrecks located
outside of the territorial sea (LEG/CONF.16/INF.2, p. 2 and cf. art. 56 in
the United Nations Convention on the Law of the Sea, hereafter
abbreviated as UNCLOS). Within the territorial sea however States can
apply their national laws on wrecks since the State has full sovereignty in
that area.8 The situation is not as clear in the exclusive economic zone
(Dromgoole and Forrest, 2011, p. 266.). This insecurity results in it being
unclear whether the convention codifies already existing mandates that
States have according to international law, if it expands the already
existing mandates or if it creates new mandates for States in this respect. 9

3.1. Area of Application and Definitions

3.1.1. Two Different Types of Wrecks

The convention distinguishes between two types of wrecks. This is

manifested already in the preamble in that State Parties are aware that:
“…wrecks, if not removed, may pose a hazard to navigation or the marine
environment…”.10 The convention thus focuses on two situations. The first
one involves a wreck posing a hazard to navigation. An example of this is
a wreck being positioned in such a way as to obstruct a trafficked fairway.
That this may pose a problem is well illustrated by the wreckage of the
Tricolor in 2002. Tricolor was a Norwegian-flagged vehicle carrier that
sank in a densely trafficked part of the English Channel following a
collision with another ship. The wreck was positioned inside the French
exclusive economic zone and badly situated in a type of crossing in the
traffic separation scheme of the English Channel where the traffic is
dense. The wreck was positioned close to the waterline and at times,
depending on the tide, submerged close to the surface. Consequently the
wreck turned into a hazard to navigation, which was also manifested in
practice. Even though the wreck was overseen by French authorities and
marked in accordance with general practice using buoys and even a radar
transponder, a ship collided with the wreck the night after the wreckage.
A couple of days later yet another ship collided with the wreck despite
surveillance and information of the wreck being spread.11

The wreckage of the Tricolor shows the importance of being able to

handle wreck removal in cases where wrecks obstruct navigation. In a
situation like this immediate action is often necessary. The case also
illustrates the uncertainty concerning what actions a State can take when
confronted with this kind of situation in its exclusive economic
zone.12 When the situation emerged French authorities ordered that the
wreck should be removed, but doubts were raised as to the mandate to
issue that kind of order in accordance with international law (Dromgoole
and Forrest, 2011, p. 93.). It is this kind of uncertainty that the Nairobi
Convention is meant to eliminate.

The other situation is a wreck that poses a hazard to the environment. An

example of this is a ship where the wreckage in itself is a danger to the
environment where no other convention or regulation has already
regulated the matter.13

3.1.2. The Convention Area

The Nairobi Convention is applicable in what is called the Convention

area. This is defined in art. 1.1 WRC as: “…the exclusive economic zone of
a State Party, established in accordance with international law….” This
wording is used since a State must claim an exclusive economic zone
(Dixon, 2007, p. 215). If a State has not established an exclusive economic
zone the convention will, according to art. 1.1 WRC, cover “…an area
beyond and adjacent to the territorial sea of that State determined by that
State in accordance with international law and extending not more than
200 nautical miles from the baselines from which the breadth of its
territorial sea is measured.” This coincides with the definition of the
exclusive economic zone in art. 57 UNCLOS.

The fact that the Convention area is equal to the exclusive economic zone
or a corresponding area means that the convention e contrario is not
applicable in the territorial sea, in internal waters or on the high
seas.14 From the outset the convention thus covers an area between 12 and
200 nautical miles from the baselines from which the breadth of the
territorial sea is measured.15 This leads to consequences when it comes to
what types of wrecks that are likely to fall under the application of the
convention. The water in the exclusive economic zone is often deep.
Consequently sunken ships are in general more seldom likely to pose a
hazard to navigation, since they will be submerged in such a way as to not
cause problems of this kind. Instead it is more likely that the wrecks being
covered by the convention in these cases are wrecks that pose a hazard to
the environment (Baatz, 2014, p. 266).

Another consequence of the scope of application is that incidents that

occur close to shore are not covered. This is problematic since most
wreckage occurs close to shore either in the territorial sea
[Søfartsstyrelsen (Eng. Danish Maritime Authority), 2012, p. 12; IMO,
2015, p. 11] or in internal waters (Gauci, 2009, p. 211; Luttenberger et al.,
2011, p. 2; see also LEG/CONF.16/12, p. 1). To enable an application
encompassing these wrecks as well the convention includes an opt-in
clause in art. 3.2 WRC allowing a State Party to extend the scope of
application to wrecks located within its territory including the territorial
sea. The wording used in the article: “[a] State Party may extend the
application of this Convention to wrecks located within its territory,
including the territorial sea…” indicates that apart from the territorial sea
also internal waters are included in the definition. Why would the
convention text otherwise explicitly state that the application within the
territory also includes the territorial sea? The reasonable construction of
that wording is that also other areas than the territorial sea are included
and consequently that the application covers internal waters as well. 16 Of
the 25 States that have ratified the convention 13 have chosen to use the
opt-in-clause extending the scope of application.17 Denmark motivated its
use of the clause by stating that an overwhelming majority of wrecks that
are likely to be subject to wreck removal will be located within the Danish
sea territory.18

Usage of the opt-in-clause will furthermore likely result in a shift of

balance considering what types of wrecks that will be covered by the
convention. In the territorial sea and internal waters the water is
generally more shallow and, as a consequence, more wrecks are likely to
pose a hazard to navigation than should the convention only be applicable
in the exclusive economic zone.

Considering that wreckage is most likely to occur close to shore and the
fact that only roughly half of the Contracting States have chosen to use the
opt-in-clause, it is clear that this development is a problem for the
convention's effect in practice.19 The fact that many States have chosen to
not extend the application of the convention also means that the overall
goal of striving toward harmonization is undermined. Harmonization and
a strive toward a uniform framework are fundamental parts of the
preamble to the convention, making the construction with an optional
clause of application somewhat bewildering. The inclusion of the opt-in-
clause has also been criticized on this basis. As is often the case in
international conventions the clause was the result of a compromise
between States and organizations that argued for a more extended
application and others who were in favor of a more confined area of
application.20

The opt-in-clause can be seen as an incentive for States to extend the

convention's scope of application. It is in this light that the provision
should be viewed. Some have however stated that the provision as a
compromise seems a bit ambiguous and unnecessary, since the States in
favor of an extended scope of application can enact corresponding
provisions within their own jurisdictions (Irving, 2010, p. 84 and see
also Luttenberger et al., 2011, p. 3). This argument was however
addressed in a statement concerning the opt-in-clause issued by
Australia, Canada, Germany, Norway, Portugal, and the United Kingdom
during the conference. According to the States it would not be possible for
a State to unilaterally legislate when it comes to the financial provisions of
the convention and the provisions handling compulsory insurance and the
ability to claim the insurer directly (LEG/CONF.16/12, p. 1).21 This seems
to be the better view. A State would without an opt-in-clause have
difficulties unilaterally claiming an insurer situated in another State in
accordance with the convention text should the other State only apply the
convention within the context of the Convention area as described in the
convention and should the convention not enable an extension of the
scope of application.

There is however some uncertainty as to if this should be possible at all.

In a statement issued by the United States at the conference it is stated
that it is, according to the view of the United States, still unclear what a
State that has chosen to apply the convention on its territory can demand
when it comes to ships from other States that have not used the opt-in-
clause. According to the United States a State that has used the opt-in-
clause should not be able to apply the convention when it comes to other
State Parties that have not used the opt-in-clause themselves when a ship
e.g., is using its right of innocent passage through the territorial sea. This
should instead only be done when the ship is calling a port
(LEG/CONF.16/15, p. 1). The background to that statement is a State's
right of innocent passage through the territorial sea of another State
according to art. 17 UNLCOS. One could argue that the right of innocent
passage to some degree has been restricted in a case where a State that
has extended the application of the convention takes action in accordance
with the provisions in relation to a ship whose Flag State has chosen not
to use the opt-in-clause. This seems to contradict the wording in art. 16
WRC where it is stated that: “[n]othing in this Convention shall prejudice
the rights and obligations of any State under the United Nations
Convention on the Law of the Sea, 1982, and under the customary
international law of the sea.” There are thus different opinions as to the
possibility of applying the convention in this respect.

3.1.3. Definition of Ship

A ship is defined in art. 1.2 WRC as “…a seagoing vessel of any type
whatsoever….” It is not clear how the term seagoing is to be construed.
This requisite was not present in the original draft of the convention
(LEG/CONF.16/3, p. 1.). The term is however present as a suggestion in a
proposal on the scope of the convention issued by Australia, Canada,
Germany, Norway, Portugal and the United Kingdom at the conference
(LEG/CONF.16/12, p. 2 ff.). In English case law the term has perviously
been construed as not encompassing ships that cannot navigate on the
ocean (Rainey, 2013, p. 50 ff.). Gauci is of a similar opinion and contends
that the term seagoing excludes ships navigating solely on rivers (Gauci,
2009, p. 206). This would affect ships navigating on trade routes along
rivers in internal waters. Usually this will be in form of barges of different
kinds.22 It is however unclear if this is the meaning the term has in the
present convention. There are cases in English case law where barge-like
structures without propulsion have been considered ships (Gauci, 2009,
p. 206). A more extended construction of the term would be
that seagoing basically means that the ship can be navigated on water.

The article furthermore includes an enumeration of what kinds of ships

that are encompassed in the article. It is stated that hydrofoil boats as well
as air-cushion vehicles and submersibles are included in the definition.
Submersibles will however to a large extent be warships and on that
ground excluded from the application of the convention pursuant to art.
4.2 WRC.23 The two last examples in the enumeration are floating craft,
with a somewhat unclear scope and meaning, and floating platforms. In
all of these cases the underlying demand on the vessels
being seagoing has to be fulfilled. The two latter examples are
furthermore not considered ships while they are “…on location engaged in
the exploration, exploitation or production of seabed mineral resources.”
In this way a large part of the off shore-industry's vessels are excluded
while in service.

3.1.4. Definition of Wreck and Maritime Casualty

The convention conjoins the term wreck with the occurrence of a

maritime casualty. According to art. 1.3 WRC a maritime casualty is “…a
collision of ships, stranding or other incident of navigation, or other
occurrence on board a ship or external to it, resulting in material damage
or imminent threat of material damage to a ship or its cargo”. 24 This is
undoubtedly a wide definition and it is hard to envisage a situation where
a wreckage could take place that is not at the same time the result of a
maritime casualty as defined.

As a consequence of a maritime casualty the ship can become a wreck. A

definition of wreck is found in art. 1.4 WRC where it is stated that a wreck
is a sunken or stranded ship (art. 1.4.a); or any part of a sunken or
stranded ship, including any object that is or has been on board such a
ship (art. 1.4.b); or any object that is lost at sea from a ship and that is
stranded, sunken or adrift at sea (art. 1.4.c); or a ship that is about, or
may reasonably be expected, to sink or to strand, where effective
measures to assist the ship or any property in danger are not already
being taken (art. 1.4.d). As can clearly be seen the definition of wreck is
broad in the convention. Apart from ships that have stranded or sunk also
objects that were on board are covered by the convention. By art. 1.4.c
WRC this is extended to encompass objects that have been lost overboard
even though the ship in itself has not become a wreck. Floating containers
will fall under this part of the definition (Herbert and Lloyd's, 2013, p.
37). Such items by themselves are thus considered wrecks according to
the convention. The last section of art 1.4 WRC extends the term wreck to
instances where the ship has not yet sunk or stranded but where the ship
may reasonably be expected to sink or strand and where effective
measures to assist the ship or any property in danger are not already
being taken. This last segment of the definition opens up complicated
questions of when a ship is to be considered a wreck or not. How those
judgements are to be made is unclear. It is also unclear who is going to
make them and on what grounds.

3.1.5. Which Wrecks Are Encompassed by the

Convention?

A question that was debated during the conference was which wrecks that
fall under the scope of the convention. The United States criticized the
wording of art. 2 that describes a State's right to take measures when it
comes to a wreck that constitutes a hazard in accordance with the
convention in the Convention area. The fact that the article does not
clearly state that it deals with a wreck from another State Party suggests
that the rights of States not being parties to the convention are
compromised. The United States pointed out the fact that measures that a
State can take within the exclusive economic zone toward a wreck from
another State, are limited according to international customary law as
reflected in the UNCLOS.25 Art. 221.1 in the UNCLOS states that Coastal
States have the right to take and enforce measures beyond the territorial
sea provided that they are proportionate to the actual or threatened
damage to protect their coastline and other interests enumerated in the
article from pollution or threat of pollution following upon a maritime
casualty or acts relating to such a casualty, which may reasonably be
expected to result in major harmful consequences. The Nairobi
Convention however seems to extend the possibility of Coastal States
given the fact that the phrasing in art. 2.1 WRC covers wrecks in general.
The convention allows a Coastal State to take measures toward a wreck
that constitutes a hazard to navigation. This has no corresponding
provision in the UNCLOS. The United States proposed that it should be
included in art. 16 WRC that nothing in the convention shall prejudice the
rights and obligations of non-State Parties to the convention under the
UNCLOS and under customary international law of the sea (see
LEG/CONF.16/6, p. 1 ff.). The text of the convention was however not
modified in the way the United States suggested and the question posed
therefore remains unanswered. How the convention deals with wrecks
from States that are not parties to the convention is therefore unclear to a
certain extent. A construction would be that it follows from art. 16 WRC
that the provisions in the Nairobi Convention have no effect should they
differ from international customary law when it comes to States not being
members of the convention. On the other hand it is curious that the text of
the convention did not specifically point toward States not being members
of the convention considering the fact that the convention undoubtedly
results in changes for the State Parties compared to what would otherwise
have been the case in accordance with the UNCLOS and international
customary law. In light of this art. 16 WRC seems to refute itself.26
3.2. When and How can a State Take Action?
As already mentioned art. 2 WRC enables a State Party to take measures
in accordance with the convention when it comes to wrecks situated
within the Convention area that constitute a hazard. The phrasing “[a]
State Party may take measures” (italics added) indicates that there is no
obligation for a State Party to act but merely a possibility. A hazard is
defined in art. 1.5 WRC as “…any condition or threat that: (a) poses a
danger or impediment to navigation; or (b) may reasonably be expected to
result in major harmful consequences to the marine environment, or
damage to the coastline or related interests of one or more States.” This is
connected with the wording in the preamble on wrecks posing threats to
navigation or the environment. Thus, it is enough that a wreck poses a
threat to navigation for a hazard to exist according to the convention.
More is needed when it comes to a hazard to the environment. In order
for such a hazard to exist there has to be a situation that may reasonably
result in major harmful consequences to the marine environment. As
already stated this wording is virtually the same as in art. 221.1 UNCLOS.
The phrasing suggests that there needs to be damage to a substantial
degree. Undoubtedly the phrasing requires qualified judgments to be
made. It may be hard to predict when a situation may reasonably be
expected to result in major harmful consequences to the marine
environment. This criticism was also put forward by Mexico at the
conference. The State held that the usage of a word like reasonable might
lead to problems when it comes to construction and application since it
allows individual State Parties on their own to decide what is needed for
the provision to be applicable. In this way the phrasing, according to
Mexico, invites States to discretionary decide whether a hazard exists or
not based on whether this is suitable for the State. Thus, the wording
invites subjective constructions instead of allowing the application to be
based on an objective test as to whether a hazard in light of the
convention exists or not (LEG/CONF.16/4, ANNEX, p. 1).

Furthermore, a distinction seems to be made in the wording of the article

by the words “…, or damage to…,” which suggests that there is no need
for major harmful consequences for the following segment of the article.
The article could however also be construed the other way around which
would require the need for such consequences for the whole segment.
This is unclear. This part of the article deals with damages to coastlines or
other related interests of one or more States.

The related interests are regulated in art. 1.6 WRC. According to the
definition these are “interests of a Coastal State directly affected or
threatened by a wreck.” This is followed by examples of what constitutes
related interests e.g., fishing, tourism, health and offshore as well as
underwater infrastructure. It should be noted that only States that
are Coastal States seem to have these interests according to the
convention. By using the term Coastal States a distinction is made
between those States that have coasts and State Parties encompassing all
States being members of the convention. This suggests that Landlocked
States, i.e., States that have no coasts, cannot have the interests in the
convention. That view is however not unambiguous since Landlocked
States may have the right to fish in the exclusive economic zone of other
States in certain cases and also have the right to construct underwater
infrastructure in the form of underwater cables and the like. 27

Apart from the general definition of hazard in art. 1.5 WRC certain criteria
are enumerated in art. 6 WRC. The Affected State should take these into
account when determining if there exists a hazard in light of the
convention or not. These correspond to the ship as such, e.g., its size and
construction (art. 6.a WRC). Further criteria deal with geographical
circumstances. Thus, the depth of the water on the site of the wreckage
can be of importance as well as the tidal movements (art. 6.b-c WRC).
There are furthermore criteria that deal with the maritime traffic in the
area. Consequently closeness to fairways and traffic separations schemes
may affect the question as well as how dense and frequent the traffic is
(art. 6.e-f WRC). Also ship-specific information like what cargo the ship is
carrying is of interest as well as what kind of oils that are present on board
(art. 6.h WRC).28

When it has been determined that there exists a hazard according to the
convention the Affected State, according to art. 2.2 WRC, has the right to
take measures proportional to the hazard. This demand of proportionality
is elaborated in art. 2.3 WRC with the phrasing that these measures
cannot go further than what is reasonably necessary in order to remove
the wreck. The measures shall furthermore stop as soon as the wreck has
been removed and not unnecessarily come into conflict with the rights
and interests of other States including the State whose flag the ship had
and the persons, legal or physical, that are affected.

There are some uncertainties and unclear parts in the

convention. There are also advantages and disadvantages with
using it as unified framework for wreck removal.

The biggest advantage of the convention is that it provides a uniform

regulation of wrecks. It also clearly states the registered owner's
responsibility in the case of a wreckage while at the same time enabling
the Affected State to act in situations where immediate action is needed.
Furthermore, the convention also ensures monetary compensation
following wreck removal.

There are however several disadvantages of the convention. A peculiar

inclusion is the opt-in clause that allows States to extend the application
to the territorial sea and internal waters. This possibility arguably inhibits
harmonization which is in direct opposition with the wording in the
preamble. As is often the case this was the result of a compromise at the
conference. There is furthermore a lack of uniformity when it comes to
limitation. Some States have opted out of the possibility to limit liability
when it comes to wreck removal in the LLMC as amended. There may also
exist different national regimes in this respect. The convention also
includes some unclear and ambiguous articles, e.g., the already
mentioned art. 2.1 and art. 16 WRC. Another thing to keep in mind is the
definition of removal in the convention which opens up for other
measures than an actual wreck removal in toto.

Despite these disadvantages the convention addresses the questions

posed in the beginning of this article. It clearly points out the registered
owner as the one responsible for the wreckage and the wreck removal. It
furthermore states what measures in the form of reporting, locating,
marking and removing the wreck that can and are to be taken after a
wreckage. Finally, the convention also ensures the possibility of
enforcement by compulsory insurance on the behalf of the owner
combined with a possibility of claiming the insurer directly.

The deficiencies observed are perhaps a prize one must pay in order to
reach a more harmonized regulation. In this way the Nairobi Convention
is a step in the right direction toward a unified framework for wreck
removal.
Q 3 b) M.i. Act clauses
• Both-to-Blame Collision Clause :If the Vessel comes into collision with another ship as a result of the
negligence of the other ship and any act, neglect or default of the Master, Mariner, Pilot or the servants of the
Carrier in the navigation or in the management of the Vessel, the owners of the cargo carried hereunder will
indemnify the Carrier against all loss or liability to the other or non- carrying ship or her Owners in so far as
such loss or liability represents loss of, or damage to, or any claim whatsoever of the owners of said cargo,
paid or payable by the other or non-carrying ship or her Owners to the owners of said cargo and set-off,
recouped or recovered by the other or non-carrying ship or her Owners as part of their claim against the
carrying Vessel or Carrier. The foregoing provisions shall also apply where the Owners, operators or those in
charge of any ship or ships or objects other than, or in addition to, the colliding ships or objects are at fault in
respect of a collision or contact. •
New Jason Clause: In the event of accident, danger, damage or disaster before or after the commencement
of the voyage, resulting from any cause whatsoever, whether due to negligence or not, for which, or for the
consequence of which, the Carrier is not responsible, by statute, contract or otherwise, the goods, Shippers,
Consignees or owners of the goods shall contribute with the Carrier in general average to the payment of any
sacrifices, losses or expenses of a general average nature that may be made or incurred and shall pay salvage
and special charges incurred in respect of the goods. If a salving ship is owned or operated by the Carrier,
salvage shall be paid for as fully as if the said salving ship or ships belonged to strangers. Such deposit as the
Carrier or his agents may deem sufficient to cover the estimated contribution of the goods and any salvage
and special charges thereon shall, if required, be made by the goods, Shippers, Consignees or owners of the
goods to the Carrier before delivery.

Clause Paramount is a provision in Maritime law. Clause paramount

is a provision in a charterparty that specifies what law of the
jurisdiction will govern the agreement. This typically incorporates the
Carriage of Goods by Sea Act ((46 U.S.C.A. § 1300) into the charter.
Clause paramount is an essential provision which should be
incorporated in any bill of lading according to the federal law. Clause
paramount demonstrates a contract for the transportation of goods
by sea from the United States ports in foreign trade.

"WAR RISK CLAUSE" IN MARINE INSURANCE

WAR RISK CLAUSE :- Marine insurance act 1963 section 2(e) defines
war peril as maritime peril. A charter party may include a war risk clause
under which a vessel may be prohibited to be used in war zones or to
carry goods which will expose her to the risk of capture.
War risk cover is normally excluded from the H&M cover, so it is
necessary for the assured to buy cover separately against war risk.
Similarly Institute cargo clauses A,B,C also exclude the cover against war
and strike.
War risk clause covers the following perils:-
1) War or war like situations, including civil war, use of arms in course of
military exercise in peace time.
2) Capture at sea, confiscation and other similar intervention by a foreign
state power.
3) Riots, sabotage, act of terrorism or other social, religious or politically
motivated use of violence or threat.
4) Piracy and mutiny.
However insurance does not cover:-

1) Insolvency
2) Damage due to any nuclear weapon, chemical, biological or
electromagnetic weapon.
For the cargo insurance cargo owners buy cover against
war risk and strike. This covers the loss occurred during above. But the
coverage provided by war risk clause do not operate during the entire
course of transit. Marine underwriters only offer cover for war risk whilst
waterborne. There is no war risk cover for any of the goods up to the time
they are loaded on to the ship and the cover terminates immediately after
the goods are discharged at the destination port. Marine war policies also
automatically terminates following outbreak of war between major power.
A 12 month war policy gives cover for vessels whilst trading
worldwide but outside certain excluded areas which are deemed areas of
increased risk. Cover can be obtained for these areas but underwriters
need to be informed and underwriters can ask for additional premium for
the call which is set no earlier than 48 hrs before entry. Either party can
give 7 days notice of cancellation at any time during the policy period.
CHARTERER CONTRIBUTION CLAUSE
CHARTERER'S LIABILITY TO DAMAGE OF HULL( CLH) :-
It is not a standard a P&I cover but can be obtained by charterer from
their P&I or from their fixed premium underwriters. For example damage caused
to the hull while loading, main engine breakdown due to bad quality fuel supplied
by charterer etc. In these cases CLH cover will address the owner's claim for the
damage to the vessel, hull, machinery and dry docking if required.

CHARTERER'S LIABILITY TOWARDS CARGO CLAIM:-

As per NYPE agreement 1996, cargo claims are to be settled between owner
and charterer, in accordance with inter club agreement. Depending upon what has
caused the claim to rise, claims may be allocated 100% to either owner or
charterer or a 50%-50% allocation. Example
1) Unseaworthiness of vessel -- 100% owner
2) Claims due to loading, stowage, lashing, discharge -- 100% charterer unless
the word responsibility is added and master is responsible for above operations,
then owner -- 50% and charterer-- 50%
3) Claims for shortage and over carriage. 50% owner, 50% charterer.

Q 4 a) stand on vessel// not to impede// any risk of collision

Q 4b) Master pilot exchange// collision during pilotage
Q 5a) Muster and drill importance
Q 5b) IMO STOWAWAY FOCAL POINT
In March 2007 at the IMO Facilitation Committee’s 34th session (Fal 34) a
joint paper was presented by Intercargo and Intertanko. They proposed
that the IMO set up an "IMO Focal Point" (SFP) for a trial period of one
year, the purpose of which would be to provide assistance through
diplomatic channels to facilitate communications between Governments
to achieve the disembarkation of stowaways in circumstances where the
usual procedures have not been efective.
As a result of the presentation the IMO has now established a SFP for a
trial period, which will provide a point of contact for such assistance.
There are specific terms of reference for the trial period, including the
following:-

1. Requests for assistance - Member States, international organisations

and non-governmental organisations may seek the assistance of the SFP,
but the consent of the flag state of the vessel will be required where the
requests are made by international organisations and non-governmental
organisations. In this respect the IMO have indicated to the Managers
that owners and P&I Clubs are not precluded from contacting the SFP
directly, subject always to the requirement to obtain flag state approval.
Requests for assistance should be kept to a minimum and should be only
be made when the circumstances of a particular case are such that such
a request is warranted, for example, when the parties concerned have
been unable to resolve the issue with the means available to them. The
assistance provided by the IMO will be discretionary and will be
dependant on the priority of other work assigned to the SFP at the time

2. The IMO SFP will be sent the information required in accordance with
IMO Resolution A.871 (20) dated 1997.

3. The IMO assumes no responsibility.

4. The SFP will operate 0900 - 1730 on IMO working days only, and
availability will depend upon other duties assigned to the responsible
official.

The IMO SFP contact is Graham Mapplebeck who can be contacted on

telephone no. +44 (0) 207 587 3110 or by e-mail at: falsec@imo.org

Members are reminded that the United Nations High Commission for
Refugees (UNHCR) is also able to assist in matters where the
stowaway/stowaways are claiming refugee status. Their contact number
is +41 22 739 8111.
As usual, Members who have cover in respect of stowaways should in the
first instance contact the Managers as soon as possible in the event of a
stowaway incident.

BIMCO STOWAWAY CLAUSE for Time charter parties

STOWAWAYS CLAUSE FORTIME CHARTERPARTIES 2009

(a) If stowaways have gained access to the Vessel by means of secreting away in the goods and/or containers
or by any other means related to the cargo operation, this shall amount to breach of charter. The Charterers
shall be liable for the consequences of such breach and hold the Owners harmless and keep them
indemnified against all claims; costs (including but not limited to victualling costs for stowaways whilst on
board and repatriation); losses; and fines or penalties, which may arise and be made against them. The
Charterers shall, if required, place the Owners in funds to put up bail or other security. The Vessel shall remain
on hire for any time lost as a result of such breach.

(b) Save for those stowaways referred to in sub-clause (a), if stowaways have gained access to the Vessel, all
expenses, including fines or penalties, shall be for the Owners’ account and the Vessel shall be off hire for any
time lost.

BRUSSELS CONVENTION 1957

) If on any voyage of a ship registered in or bearing the flag of a Contracting State a stowaway is found in a
port or at sea, the Master of the ship may, subject to the provisions of paragraph (3), deliver the stowaway to
the appropriate authority at the first port in a Contracting State at which the ship calls after the stowaway is
found, and at which he considers that the stowaway will be dealt with in accordance with the provisions of
this Convention.
(2) Upon delivery of the stowaway to the appropriate authority, the Master of the ship shall give to that
authority a signed statement containing all information in his possession relating to that stowaway including
his nationality or nationalities, his port of embarkation and the date, time and geographical position of the
ship when the stowaway was found, as well as the port of departure of the ship and the subsequent ports of
call with dates of arrival and departure.
(3) Unless the stowaway is under a previous individual order of deportation or prohibition from entry, the
appropriate authority of a Contracting State shall receive any stowaway delivered to it in accordance with the
foregoing provisions of this Article and deal with him in accordance with the provisions of this Convention.

When a stowaway is delivered to the appropriate authority at the port of disembarkation:

(1) This authority may return him to any State of which it considers that he is a national and is admitted as
such by that State.
(2) When, however the State or States of which the appropriate authority consider the stowaway to be a
national refuses or refuse to accept his return, or when the appropriate authority is satisfied that the
stowaway possesses no nationality or that, for reasons mentioned in Article 5 (2), he should not be returned
to his own country, then the said authority may, subject to the provisions of Article 5 (2), return the stowaway
to the State in which the port which they consider to have been his port of embarkation is situated.
(3) However, if the stowaway cannot be returned as provided under paragraph (1) or (2) of this Article, the
appropriate authority may, subject to the provisions of Article 5 (2), return him to the State in which the last
port at which the ship called prior to his being found is situated.
(4) Finally, when the stowaway cannot be returned as provided under paragraph (1), (2) or (3) of this Article,
the appropriate authority may return him to the Contracting State whose flag was flown by the ship in which
he was found. The State to which the stowaway is accordingly returned, shall be bound to accept the
stowaway, subject to the provisions of Article 2 (3).

Q6A) DETENTION OF F.G VESSEL AS PER MSA. // IF UNFAVORABLE JUDGEMENT FROM A COURT OF
SURVEY,WHAT RECOURSE DOES SHE HAVE

138
342. Application to ships other than Indian ships of provisions as to detention.―When a ship other than an
Indian ship is in a port in India and is, whilst at that port, unsafe by reason of the defective condition of her
hull, equipment or machinery, or by reason of overloading or improper loading, the provisions of this Part with
respect to the detention of ships shall apply to that ship as if she were an Indian ship with the following
modifications, namely: —
(a) a copy of the order for the provisional detention of the ship shall forthwith be served on the consular officer
for the country to which the ship belongs at or nearest to the port in which such ship is detained;
(b) the consular officer, at the request of the owner or master of the ship, may require that the person appointed
by the Central Government to survey the ship shall be accompanied by such person as the consular officer may
select, and in that case, if the surveyor and that person agree, the Central Government shall cause the ship, to
be detained or released accordingly, but, if they differ, the Central Government may act as if the requisition had
not been made, and the owner and master shall have the like right of appeal to a Court of survey touching the
report of the surveyor as is hereinbefore provided in the case of an Indian ship; and
(c) where the owner or master of the ship appeals to the Court of survey, the consular officer, at the request of
the owner or master, may appoint a competent person to be assessor in the case in lieu of the assessor who, if
the ship were an Indian ship, would be appointed otherwise than by the Central Government.

Q6B) MLC 2006 BENEFICIAL TO CREW DISCUSS.

MLC was adopted in February 2006 and came into force on 20th August 2013. For the
first time in history of shipping it is now required that before a seafarer joins a ship, he should be
made aware of his rights. The MLC thus is also being referred to as “Bill of Rights for a seafarer”.
Also, MLC has given a very broad definition of the term “seafarer” – it basically says that any person
who is on a gainful employment on a ship (gainful employment – you work and in return you are paid
wages) is a seafarer. It therefore applies to everyone from the Master to the hotel staff on cruise ships.
Also, for the purpose of MLC, New Ship means any ship whose keel is laid after the entry into force
of the convention (i. e. after 20th August 2013).
The Codes are divided into FIVE chapters known as Titles as follows:
TITLE 1 – Minimum Requirements to Work on Ships
This deals with the minimum age requirements, such as – (a) no person (including the cadets) below
the age of 16 years is allowed to work on ships (b) no person below the age of 18 years is allowed to
work at night where the night period is defined as 2100 hrs to 0500 hrs.
TITLE 2 – Conditions of Employment
This deals with contractual conditions, hours of work and rest, leave, repatriation and a written
undertaking by the owner that he is responsible to medical and compensation in case of injury and
death. Hours of work are – maximum 14 hrs in 24 hour period and 72 hours in 7 day period; hours of
rest – minimum 10 hours in 24 hours period and 77 hours in 7 day period.
TITLE 3 – Accommodation, Recreation, Food and Catering
Accommodation – On new ships – (a) no more twin-sharing cabins (including for cadets) (c)
advised to provide attached toilets, but if common toilets provided then very strict specifications to be
adhered to (c) minimum height of deck-head in accommodation increased; for existing ships –
acoustic and vibration levels to be monitored regularly.
Recreation – for the first time the owner has a legal responsibility to provide recreation
onboard, access to internet and e-mail and organise conveyance in ports from time to time.
Food and Catering – the cook is now required to be trained and certified by the Flag State.
TITLE 4 – Medical and Social Protection
The existing medical facilities have been enhanced to include dental and eye treatments.
TITLE 5 – Compliance and Enforcement
Compliance is the responsibility of the Flag State. They will conduct labour
survey on 14
parameters based on Title 1 to Title 4 and issue to the ship “Declaration of Maritime Labour
Compliance (DMLC)” along with a Maritime Labour Certificate (ML Certificate), which will
be statutory certificate and valid for 5 years with annual, intermediate and renewal labour
surveys. It is important to note that the ML Certificate is invalid in the absence of DMLC.
Enforcement is the responsibility of PSC. They have volunteered to enforce it for the
benefit of the world seafarers and have thus given the powers to detain a ship if the MLC
requirements are not found to be met.
(c)AOA
The master of every Indian ship, except a home trade ship less than 200 GT, is obliged to enter into
an agreement with every seaman whom he engages in, and carries to sea as one of his crew. Under
Section 100 of the MSA, it is known as the “Agreement with the crew” but commonly known as
“Articles of Agreement”. The Section stipulates 11 elements as to what the agreement is to contain
(name, capacity, duties, wages, scale of provisions, scale of warm clothing, regulations for conduct on
board and fines, compensation for personal injury etc.). The law makes it clear that the agreement is
made between the owner and each member of the crew and not with crew as a collective unit. Also,
the agreement is never between the Master and the crew. Another document that can be part of the
agreement document is a crew list, but it can be separate also. On closure of the crew agreement it is
to be deposited with the shipping master.
Collective bargaining
Negotiation between organized workers and their employer or employers to determine wages, hours,
rules, and working conditions. It can also be defined as the process by which members of the labour
force, operating through authorized union representatives, negotiate with their employers concerning
wages, hours, working conditions, and benefits.
Collective Bargaining Issues
S. No Issues Parameters
1 Wages Regular Compensation, Overtime Compensation, Incentives, Insurance, Pensions
2 Hours Regular Work Hours, Overtime Work Hours, Vacations, Holidays
3 Working Conditions Rest Periods, Grievance Procedures, Union Membership
Job Security Seniority, Evaluation, Promotion, Layoffs, Recalls
Collective bargaining is a successful way for workers to reach their goals concerning accept
able wages, hours, and working conditions. It allows workers to bargain as a team to satisfy
their needs. Collective bargaining also allows management to negotiate efficiently with
workers by bargaining with them as a group instead of with each one individually. Though
traditional bargaining can be negative and adversarial, it does produce collective bargaining
agreements between labour and management. Partnership bargaining can lead to increased
understanding and trust between labour and management. It is a positive, cooperative approach to
collective bargaining that also culminates in contracts between labour and management.

Q7) entering drydock with ruptured fpk

(b) General procedures and precautions in dry dock:
Before entry:
O Check the stability of the vessel, especially during critical period. Check the vessel at required
draft. No list. Prepare mooring lines. Unused mooring lines stowed. Standby for dock master and
dock mooring gang. Proper flags displayed as required. Free surface effects minimum. Movable
weights to be secured. Ship power, fire main, fresh water, telephone connections to be ready. Logs
off/ retracted. Off echo sounders. Overboard discharges to be shut. Gangway/ accommodation ladders
to be stowed.
Anchors stowed and secured. Crews standby to assist moorings as required.
While entering:
Times of the followings to be logged down:
O When vessel enters dock. When the gate closed When pumping out commenced. When vessel
sewed
.When pump out completed.
After vessel docked:
Tanks and bilge soundings throughout the vessel. Records to be kept with copy to dock-master. Hull
high pressure wash as the level goes down. Initial inspection of the hull to be done as soon as
possible:
O The extent of the hull damage if any. The extent of the rudder and propeller damage. Suitable and
efficient shoring arrangements. Suitable and efficient keel blocks. Plugs to be removed, if draining of
the tanks to be required.. All removed plugs to be in safe custody of C/O. Bridge equipments, gyro
shut down.

Q 7b) damage stability of a vessel?

After the naval architects studied the reason for ship damage, the tried to quantify
the damage and tried to design the ship keeping in mind the survivability of the
ship in case of damage. The tried to incorporate the damage stability analysis of a
ship in its design phase such that no or fewer failures are experienced at the time
of operation. This made the job of the naval architects pretty difficult and damage
stability analysis came into the picture. The damage stability analysis included

• Quantification of the behaviour of the ship when damaged in case of a failure or

accident.
• Design aspects to prevent or restrict the havoc caused by the failure.
The two approaches to Damage Stability Analysis
To assess the behaviour of a ship after some damage two methods are
considered:

• Deterministic damage stability

• Probabilistic damage stability

Deterministic Damage Stability

This is a traditional method of assessment of the stability of a ship when it is
flooded. In this process, the ship is divided into several subdivisions along its
length with the help of transverse watertight bulkheads. Now the stability of the
ship is calculated when one or more compartments get flooded due to a breach of
hull.

The changes in draft and stability when a compartment becomes flooded due to
damage can be investigated by either of two methods:

• Lost Buoyancy method

• Added weight method

1. Lost Buoyancy method:

The damaged compartment(s) is considered open to the sea and therefore, does
not contribute to the buoyancy of the ship. So, the lost buoyancy must be
compensated by sinkage of the vessel and the moment due to change in LCB of
the vessel is manifested through the heel or trim of the vessel. The assumptions
considered in this method are that the flooded compartment does not provide
buoyancy anymore and hence, there is no change in displacement or KG of the
vessel and no free surface effect is observed.

2. Added Weight method:

This method considers that water ingresses in the damaged compartments up to
the new water level and the weight of the ingressed water augments the
displacement of the vessel that is compensated by the sinkage of the vessel.
Consequently, the KG of the vessel changes due to the weight of ingressed water
and Free Surface Effects has to be taken into account, if the compartment is
partially filled with water. The weight added shifts the CG of the vessel that might
lead to list or trim of the vessel.

Thus the two methods act as a twofold assessment of the damaged condition of a
vessel. It is actually a good practice to verify the result of the assessment of the
damaged condition of the vessel by the complementary method.

Both methods will give identical answers for final draughts, trim and righting
moments, despite different values for GM. However, IMO/SOLAS recommends
the use of Lost buoyancy method for all calculations.

Deterministic damage stability- An insight to floodable length concept

As we discussed, in deterministic approach the hull is internally subdivided to

increase the factor of safety of the vessel in case of hull damage. Now, this
subdivision is not arbitrary. It takes a lot of study and analysis balancing both
economic and safety needs of the vessel before the designer fixes the subdivision
of the vessel. In this approach, the length of this compartment is to be calculated
such that if this compartment is flooded, the ship will sink to a point where margin
line is just submerged. This is the floodable length at a point along the length of
the ship. The subdivisions accordingly resist flooding in damaged conditions to
the safest limits. Floodable Length is an important parameter that is taken into
account here. It is defined as the maximum length of the compartment that can be
flooded such that the draft of the ship remains below the margin line. Thus, the
maximum division of bulkheads is the best solution. But, other factors such as
minimum required size of hold, improper cargo stowage, and the number of
required outfitting or increased steel weight hinders the possibility to some extent.
Thus, optimizing the safe limits of floodable length to the minimum required length
of the watertight compartment is done in most cases.

Floodable length Curve:

A ship should not sink if anyone compartment is breached and flooded is the idea
behind developing the floodable length curve of the vessel. The floodable length
closer to the midship area is larger compared to the ends of the vessel since the
flooding of the midship compartments are accompanied with parallel sinkage
whereas the flooding of the end compartments are accompanied with sinkage and
trim that augments the chances of the waterline touching the margin line of the
vessel. Therefore, the floodable length varies along the length of the ship and its
variation is obtained by vertically plotting the floodable length along the ship’s
length. Also, the floodable length along the length of the ship is a function of the
permeabilities of each compartment. More is the permeability of the
compartments, more will be the water ingress in case of a hull breach and as a
result, lower will be the floodable length at that point along the length of the ship.

In 2010, Paris MOU and Black Sea MOU carried out a concentrated inspection
campaign on tanker damage stability.
At the end of this campaign, Pat Dolby, co-ordinator of this CIC commented,
The most significant finding from the campaign was that
16.2% of tankers that were inspected, the master could not
demonstrate that the ship was complying with damage
stability.
16.2%. That is a huge number that definitely shows that there is a void in understanding this topic.
All the rules about damage stability are trying to keep the ships safe even after one or more compartments
are breached.
Consider this.
You have two ships both identical in every respect but the first one has only one tank (or cargo hold) and the
second one has two tanks (or cargo holds).
Which one do you think is safer? Easy answer, right?
The one with the two cargo tanks.
This is because if one compartment is flooded, the first ship will have 100% of the cargo space flooded. The
second ship would still have 50% of the cargo space intact.
But the ship owners cannot divide the cargo spaces in 20 or 50 compartments. This would mean the use of
more steel, more money to build the ship and lesser cargo space to use.
Shipowner cannot build a ship with just one compartment either. That is too unsafe.
So how many minimum subdivisions a ship must have?
All in all, there are three approaches to building a ship that can withstand damage to its compartments.
All the three approaches for damage stability are just aiming to find that answer. So let us discuss each of
these approaches of damage stability.

1. Floodable length and factor of subdivision

This is an old approach but it is still important to discuss this because this approach lays the foundation to
understand damage stability.
In this approach, the number of subdivisions required is calculated by knowing the floodable length along the
ship.
Floodable length is the length of the compartment which if flooded will cause the ship to sink up
to the margin line.
Let us understand this by building a ship.
We have a ship and we need to put subdivisions (bulkheads) to it to divide the ship into compartments.
We create one compartment in the midship by placing two bulkheads (let us mark this bulkhead as A & B).

The length of this compartment (Length AB) need to such that if this compartment is flooded, the ship will
sink to a point where margin line is just submerged.
This is the floodable length at this point.
Now we want to place another bulkhead aft of midship. Again this bulkhead needs to be at a location (C) such
that if compartment AC is flooded, the ship will sink to a point where margin line is just submerged.
And with this same approach, we can decide the location of other bulkheads along the ship’s length.

When calculating the floodable length, One thing that we need to keep in mind is that we need to flood the
compartment to the full width of the ship even when we have or plan to have a centerline bulkhead.
Floodable length Curve
Our ship is ready now with all the compartments it needs. This ship would not sink if any one compartment is
breached and flooded.But if you would have noticed I have drawn larger compartment in the midship area.
This means that I have shown large floodable length closer to the midship area.This is because if the midship
compartment is flooded, the ship will sink bodily (with least trim).But as we move away from the midship, the
flooded compartment will trim the vessel. This would make a smaller compartment to sink the ship up to the
margin line.

So the bottom line is that the floodable length changes along the length of the ship.
Floodable length curve represents the maximum floodable length of the ship along the ship’s length. This
curve is obtained by vertically plotting the floodable length along the ship’s length.
Checking the damage stability compliance: Floodable curve
method
So far I have given the basic idea of what floodable length is and how floodable length curve is obtained.
Ships, that are required to comply with this method of damage stability would be provided with the floodable
length curve. The damage stability rules for the ships would be something like…
The ship should be able to survive the breach (flooding) of
any one (two or three) compartment.
To check if the ship would comply with this damage stability requirement, the floodable length curve is
superimposed on the ship’s plan. Then one compartment by one, the damage stability compliance is checked.
The length of the assumed damaged compartment is plotted vertically at the center of the compartment.
If this length is below the floodable length curve, this compartment complies with the damage stability
requirements of one compartment standard.
Same is done with other compartments.

As we can see, all the length triangles are within the floodable length curve of the ship. This means that this
ship complies with one compartment standards of the damage stability.
Now let us check the damage stability compliance for two compartment standard. In this case, we will assume
the flooding of two compartments and compare the length triangle with the floodable length curve of the
ship.
Again same is done assuming flooding of any two adjacent compartments.

Clearly, this ship does not comply with damage stability requirements of two compartment standards.
If we need to comply with two compartment standards, this ship needs to have more compartments, the
length of which need to be such that even when two compartments are flooded it will be below the floodable
length curve.
Maybe the below subdivision of the ship will be able to satisfy the damage stability requirement for two
compartment standard.
Let us check the damage stability compliance to two compartment standard.

As you can see, this ship is a two compartment standard ship now.
We can go on in a similar way if we want to build a three compartment or four compartment ship.
Remember, Titanic was a four compartment ship and so was called the unsinkable ship.
Finally, if you are still unsure of this concept, watch this video.

2. Damage stability: Probabilistic damage assessment

Damage stability calculations by probabilistic damage assessment is required by SOLAS Chapter II-1, part B.
This is required for cargo ships 80 m in length and upwards and to all passenger ships regardless of length.
This approach uses the concept of probability to ensure that ships can survive damage to its compartment(s).
There are two probability factors that are used in this approach.
Probability that a particular compartment(s) will damage in an incident (factor “p”)
the probability that ship will survive if that compartment(s) is flooded (Factor “s”)
Used as the requirement for the cargo ships and passenger ships.
Multiplying these two factors (p x s) will give the probability of surviving that damage case.
Let us again take our 8 compartment ship and calculate the probability of surviving damage to one
compartment.
Now we need to calculate the probability of surviving two compartment damage.
While it may seem repetitive but let us also calculate the probability of surviving three compartment damage

The value of S in all these will either be 0 or 1. This is because when we have considered a damage, the ship
will either survive (probability 1) or not survive (probability 0).
So if this ship is three compartment ship, there is no need to consider the probability of survival for four and
more compartments because it will be zero.
But there is still one thing to consider. At what drafts we need to consider all these damages?
SOLAS requires that these should be considered at three drafts.
Deepest subdivision draught (ds): Which corresponds to the Summer Load Line
draught of the ship.
Light service draught (dl): Service draught corresponding to the lightest anticipated
loading and associated tankage, including, however, such ballast as may be necessary for stability and/or
immersion.
Partial subdivision draught (dp): light service draught plus 60% of the difference
between the light service draught and the deepest subdivision draught.
So, for example, all these three tables I made above need to be made for these three initial (before
damage) drafts of the ship.
So for deepest subdivision draft we will have
For Light service draught (dl),

And finally, for partial subdivision draft, we will have

3. Damage stability compliance: Probabilistic method
Finally the bottom line. How would a ship comply with the damage stability requirements?
As per SOLAS Chapter II-1, part B-1, Regulation 6, the ship complies with damage stability when
Attained Subdivision Index > Required subdivision index
Attained Subdivision Index
As per SOLAS, attained subdivision index is calculated by the formula

Required Subdivision Index

SOLAS chapter II-1, Reg 7 gives the formula to calculate the required subdivision index for a ship.
These formulas are different for different type and size of the ship.
This would be the minimum required value of subdivision index.
If the actual value of subdivision index (Attained value) is less than the required, the subdivisions need to be
re-arranged or increased to have attained subdivision index to be more than required subdivision index.

Damage stability by Deterministic damage

assessment
Damage stability calculations by this method is required for all types of tankers.
Unlike probabilistic method that uses the concept of probability, the deterministic method defines the
variables in quantifiable terms.
In this method,
the damaged area is defined (damage assumption); and
The minimum required value of the stability factors is defined (Survival requirements)
In all the cases of damage assumptions, the vessel should have the stability factors value more than the
survival requirements.
Let us take the example of IBC code that sets the rules for the chemical tankers.
Damage assumptions as per IBC code are
1. Extent of damage
This defines the extent the hull of the chemical tanker needs to be assumed damaged.

2. Flooding assumption
This defines the flooding assumptions that need to be considered after the assumed damage to the hull of the
chemical tanker.
3. Standard of damage
The dimensions of assumed damage are considered in the “extent of damage” section. Standard of damage
defines the assumed location of the damage along the ship’s length.

Survival Requirements as per IBC code

We have considered all the damage assumptions required as per IBC code.
In all the possible cases as per the damage assumptions, the ship should survive.
But in the deterministic approach, survival does not just mean that ship should not sink. The deterministic
approach gives the minimum stability criteria values that the ship must have with assumed damage as
defined.
As per IBC code, these survival requirements are for two phases of flooding.
In any stage of flooding
At final equilibrium after flooding
In any stage of flooding
At final equilibrium after flooding

Damage stability compliance: Deterministic Approach

With probabilistic approach and floodable length curve, the damage stability compliance is dealt with at the
stage of construction of the ship.
But ensuring compliance with the deterministic approach is different.
In the real world, there can be endless combinations of loading conditions of a ship. In each of these loading
conditions, we need to apply the damage assumptions.
We then need to check if the survival requirements as defined by the IMO in various conventions are satisfied.
Off course, all these cases cannot be documented and checked during construction stages.
Instead, the damage stability criteria is checked for most probable loading conditions.
But during normal ship operations and before loading, the chief officer need to check and confirm that
damage stability criterions are met.
How to check if the proposed stowage plan satisfies the damage stability requirements?
Well, there are few methods to check this but I will have look ahead approach here. As per the
new requirements, the loadicators fitted on tankers need to have damage stability calculation
capabilities.
So before a stowage plan is finalized, we need to check from the loadicator if this stowage satisfies the
damage stability requirements.
If not, the chief officer needs to make required amendments to the stowage until the damage stability
requirements are met.

Conclusion
If we are not checking the damage stability of the ship, not only we are risking the environment but we are
risking our lives too.
It is so important that ships are able to survive any damage sustained during the adventures it carries on the
high seas.
The first step toward complying with the damage stability is to understand what it is and what is required of
us.

March 2019
Q1) b VARIOUS TONNAGES
Tonnage measurements are governed by an IMO Convention (International Convention on
Tonnage Measurement of Ships, 1969 (London-Rules)), which applies to all ships built after July
1982.
Gross tonnage (GT) is a function of the volume of all of a ship's enclosed spaces
(from keel to funnel) measured to the outside of the hull framing. The numerical value for a
ship's GT is always smaller than the numerical values of gross register tonnage (GRT). Gross
tonnage is therefore a kind of capacity-derived index that is used to rank a ship for purposes of
determining manning, safety, and other statutory requirements and is expressed simply as GT,
which is a unitless entity, even though it derives from the cubic feet of volumetric capacity.
Net tonnage (NT) is based on a calculation of the volume of all cargo spaces of the ship. It
indicates a vessel's earning space and is a function of the moulded volume of all cargo spaces
of the ship.
A commonly defined measurement system is important, since a ship's registration fee, harbour
dues, safety and manning rules, and the like may be based on its gross tonnage (GT) or net
tonnage (NT).
Gross register tonnage (GRT) represents the total internal volume of a vessel, where one
register ton is equal to a volume of 100 cubic feet (2.83168 m3); a volume that, if filled with fresh
water, would weigh around 2,800 kg or 2.8 tonnes. The definition (and calculation) of the internal
volume is complex; for instance, a ship's hold may be assessed for bulk grain (accounting for all
the air space in the hold) or for bales (omitting the spaces into which bulk, but not baled cargo,
would spill). Gross register tonnage was replaced by gross tonnage in 1982 under the Tonnage
Measurement convention of 1969, with all ships measured in GRT either scrapped or re-
measured in GT by 1994.[1][2]
Net register tonnage (NRT) is the volume of cargo the vessel can carry—that is, the gross
register tonnage less the volume of spaces that do not
hold cargo (e.g., engine compartment, helm station, and crew spaces, again with differences
depending on which port or country does the calculations). It represents the volume of the ship
available for transporting freight or passengers. It was replaced by net tonnage in 1994, under
the Tonnage Measurement convention of 1969.
The Panama Canal/Universal Measurement System (PC/UMS) is based on net tonnage,
modified for Panama Canal purposes. PC/UMS is based on a mathematical formula to calculate
a vessel's total volume; one PC/UMS net ton is equivalent to 100 cubic feet of capacity. [3]
Suez Canal Net Tonnage (SCNT) is derived with a number of modifications from the former net
register tonnage of the Moorsom System and was established by the International Commission
of Constantinople in its Protocol of 18 December 1873. It is still in use, as amended by
the Rules of Navigation of the Suez Canal Authority, and is registered in the Suez Canal
Tonnage Certificate.
Thames measurement tonnage (TM) is another volumetric system, generally used for small
vessels such as yachts; it uses a formula based on the vessel's length and beam.

Weight measurements[edit]
While not tonnage in the proper sense, the following methods of ship measurement are often
incorrectly referred to as such:
Lightship or lightweight measures the actual weight of the ship with no fuel,
passengers, cargo, water, and the like on board.
Deadweight tonnage (often abbreviated as DWT, for deadweight tonnes) is the displacement
at any loaded condition minus the lightship weight. It includes the crew, passengers, cargo, fuel,
water, and stores. Like displacement, it is often expressed in long tons or in metric tons.
Metric tonnes per centimetre immersion (usually abbreviated to TPC or TPCMI) is the
number of metric tonnes (1,000 kg) that need to be loaded on the ship for the salt
water draft (draught) to increase by one centimetre. The TPCMI is used to calculate the draft of
the vessel with a given deadweight tonnage of cargo loaded. For a typical Panamax bulk carrier
with a TPCMI of 80, the ship will sink (i.e., its draft will increase) by one centimetre for every 80
tonnes of cargo loaded.
Imperial tons per inch immersion (usually abbreviated to TPI) is the number of imperial long
tons (2,240 lb) that need to be loaded on a vessel for the draft to increase by one inch. Old
imperial TPI measurements are still occasionally used within the United States and the Panama
Canal. As no ship has been measured by a classification society since the 1950s using imperial
measures, modern TPI figures are therefore a conversion from the original metric
measurements and should not be relied upon to be accurate.

Q. 2 (a) Under ILO Convention how are the hygiene of the ship and the
welfare of the
crew regulated? Explain the provisions of MSA, 1958 with respect to
hygiene of the ship
and the welfare of the crew.
(b) What are various agreements between the ship owner / Manager
with crew? As a
Master how will you ensure that the agreements are fully functional?
(a) The most obvious provisions affecting the work of the welfare providers are contained in
Regulation 4.4 dealing with access to shore-based welfare facilities, including the promotion
and development of such facilities and services in ports, the development of port, regional and
national welfare boards and the protection of seafarers in foreign ports. The mandatory
provisions and the guidance set out in this regulation provide significant assistance to welfare
providers in encouraging governments and the shipping community at large to participate in
improving welfare standards worldwide.
But there are other provisions that are of equal importance. The MLC specifies a mandatory
complaints procedure available to seafarers and to other parties, including local welfare
providers, alleging that the working or living conditions on a particular ship do not conform to
Convention standards. If such a breach is proven, after a port state inspection, the ship may be
detained or delayed until the matter is rectified.
The MLC also sets out specific details of what the industry as a whole considers to be
acceptable labour and social standards and living conditions. Contents of crew contracts,
payment of wages, work and rest hours, rights to repatriation, medical care, the provision of
food and accommodation standards as well as numerous other issues affecting seafarers living.
and working conditions are all set out in clear and precise detail. These must be applied by
ships flying the flags of countries that have ratified the MLC and may be used by welfare
providers against ships flying other flags to demonstrate what standards should be expected of
all responsible ship operators.
(b) The MLC Regulation 2.1 and Standard A2.1 Seafarers’ Employment Agreements (SEA),
requires that there should be individual Seafarer Employment Agreements between the ship
owner and each seafarer working on board the vessel, or that seafarers who are not employees
(e.g. self-employed seafarers) are in possession of evidence of contractual or similar
arrangements providing them with decent working and living conditions on board the ship as
required by the Maritime Labour Convention.
The SEA is a contractual agreement between an individual seafarer and the ship owner or ship
owner’s representative. MLC requires that there should be one named body – the “ship owner”
who has ultimate responsibility for all aspects of the working and living conditions of all
“seafarers” employed on-board a ship to which the MLC applies irrespective of who may
actually employ them. MLC uses the term “ship owner” to mean the owner of the ship or
another organisation or person, such as the manager, agent or bareboat charterer, who has
assumed the responsibility for the operation of the ship from the owner and who, on assuming
such responsibility, has agreed to take over the duties and responsibilities imposed on ship
owners in accordance with MLC, regardless of whether any other organisation or persons fulfil
certain of the duties or responsibilities on behalf of the ship owner. In the majority of cases this
will be the ISM Code DOC holder, but it does not have to be.
Content of Seafarers’ Employment Agreement (SEA)
The SEA is required to contain, as a minimum, the following information relating to the
individual seafarer, the ship owner, and the terms and conditions under which the seafarer is to
be employed:
O The seafarer’s full name, date of birth or age, and birthplace;
O The ship owner’s name and address;
O The place where and date when the seafarer’s employment agreement is entered into;
O The capacity in which the seafarer is to be employed;
O The amount of the seafarer’s wages or, where applicable, the formula used for
calculating them;
O The amount of paid annual leave or, where applicable, the formula used for calculating
it;
O The termination of the agreement and the conditions thereof, including:
O If the agreement has been made for an indefinite period, the conditions entitling either
party to terminate it, as well as the required notice period, which shall not be less for
the ship owner than for the seafarer;
O If the agreement has been made for a definite period, the date fixed for its expiry; and
O If the agreement has been made for a voyage, the port of destination and the time which
has to expire after arrival before the seafarer should be discharged.
O The health and social security protection benefits to be provided to the seafarer by the
ship owner;
O The seafarer’s entitlement to repatriation, including repatriation destination; reference
to the collective agreement, if applicable

Ans A) The multimodal transport operator shall be liable for loss resulting from:
Any loss of or damage to, the consignment;
Ø Delay in delivery of the consignment and any consequential loss or damage
arising from such delay. Where such loss, damage or delay in livery took
place while the consignment was in his charge;
Ø Provided that the multimodal transport operator shall not be liable if he
proves that no fault or neglect on his part or that of his servants or agents
had caused or contributed to such loss, damage or delay in delivery.
Provided further that the multimodal transport operator shall not be liable
for loss or damage arising out of delay in delivery unless the consignor has
made a declaration of interest in timely delivery which has been accepted
by the multimodal transport operator.
Ø Explanation: For the purposes of this sub- section, “delay in delivery: shall
be deemed to occur when the consignment has not been delivered within
the time expressly agreed upon or, in the absence of such agreement,
within a reasonable time required by a diligent multimodal transport
operator, having regard to the circumstances of the case, to effect the
delivery of the consignment.
Ø If the consignment has not been delivered within ninety consecutive days
following the date of delivery expressly agreed upon or the reasonable time
referred to in the Explanation to sub – section (1), the claimant may treat
the consignment as lost. Limits of liability when the nature and value of the
consignment have not been declared and stage of transport where loss or
damage occurred is not known. Where a multimodal transport operator
becomes liable for any loss of or damage to any consignment, the nature
and value whereof have not been declared by the consignor before such
consignment has been taken in charge by the multimodal transport operator
and the stage of transport at which such loss or damage occurred is not
known, then the liability of the multimodal transport operator to pay
compensation shall not exceed two Special Drawing Rights per kilogram of
the gross weight of the consignment lost or damaged or 666.67 Special
Drawing Rights per package or unit lost or damaged, whichever is higher.
Explanation: For the purposes of this sub – section, where a container, pallet
or similar article of transport is loaded with more than one package or unit, the
packages or units enumerated in the multimodal transport document, as packed
in such container, pallet or similar article of transport shall be deemed as
packages or units.
Ø Notwithstanding anything contained in sub – section (1), if the multimodal
transportation does not, according to the multimodal transport contract,
include carriage of goods by sea or by inland waterways, the liability of the
multimodal transport operator shall be limited to an amount not exceeding
8.33 Special Drawing Rights per Kilogram of the gross weight of the goods
lost or damaged.
Liability of the multimodal operator is case of delay in delivery of goods under
certain circumstances. Where delay in delivery of the consignment occurs under
any of the circumstances or any consequential loss or damage arises from such
delay, then the liability of the multimodal transport operator shall be limited to
the freight payable for the consignment so delayed.
(b) Alteration of risk (change of voyage, deviation, delay).
Any departure from the voyage insured is sufficient to cause a variation of risk
Change of voyage is a voluntary change of the destination from that
contemplated by the policy after the commencement of risk. When a ship is
insured at and from a given port, the probable continuance of the ship in that
port
is in the contemplation of the parties to the contract. If the owners, or persons
having authority from them, change their intention, and the ship is delayed in
that
port for the purpose of altering the voyage and taking in a different cargo ,
effect the contract”.
The unlawful departure from the route insured without changing the
terminus ad quem amounts to deviation in Marine insurance and discharges the
insurer under the contract. The risk will not re-attach if the ship rejoins the
insured route after the deviation.
IMPLIED WARRANTIES
A warranty may be express or implied. The implied warranties are set out in
the Act. They are:
􀀀 Warranty of legality;
􀀀 Warranty of neutrality; and
􀀀 Warranty of seaworthiness.
The warranty of neutrality is not really an implied warranty as it applies only
when there is an express warranty of neutrality with respect to insurable
property. It merely defines and delimits the express warranty of neutrality. The
implied warranties of seaworthiness and legality are, however, true implied
warranties in that the existence is assumed at law and they will form part of any
contract of marine insurance unless inconsistent with an express warranty.
SEAWORTHINESS
The implied warranty of seaworthiness applies with full effect only to voyage
policies. The warranty is that the ship will be seaworthy "at the commencement
of
the voyage" for the particular adventure insured. A seaworthy ship is one that is
"reasonably fit in all respects to encounter the ordinary perils of the adventure
insured". In a time policy there is no warranty of seaworthiness but "where, with
the privity of the assured, the ship is sent to sea in an unseaworthy state, the
insurer is not liable for any loss attributable to un-seaworthiness". Thus, in a
voyage policy the insurer needs to prove only one thing; that the ship was
unseaworthy at the commencement of the voyage. In a time policy, on the other
hand, the insurer needs to prove three things; that the ship was unseaworthy,
that the un-seaworthiness caused the loss, and that the assured was privy to
the
unseaworthy state of the ship. The warranty of seaworthiness relates not only to
the hull but also to the machinery and equipment, the crew, and the way in
which
a ship is loaded (or overloaded). The implied warranty of seaworthiness often
has
to be interpreted together with an inchmaree clause which provides coverage for
any latent defect in hull or machinery. Whenever a loss is caused by any such
latent defect it is almost certain that there would be coverage notwithstanding
that the same defect could be a breach of the implied warranty of
seaworthiness.
LEGALITY
The warranty of legality is one which is often expressly included in policies as
well
as implied. Where there is an express warranty of legality it will have
precedence
over the implied warranty to the extent the two are inconsistent.
EXPRESS (EXPLICIT) WARRANTIES
An express( explicit)warranty may be in any form of words from which the
intention to warrant may be inferred. This implies that creation of a warranty is
a
simple matter of choosing the appropriate policy wording. The real difficulty is,
however, in choosing that policy wording. Further, in many cases even choosing
the correct wording may not result in a warranty being created. A review of
earlier case law indicates that little more than a statement of fact was required
to
create a true warranty in a policy of marine insurance. For example, the
following
words were held to create warranties:
Ø “To sail on such a day";
Ø “Declarations of interest to be made as soon as possible after sailing";

Q 4a) vlcc shallow water turning effect

Q 4b) IMO guidelines on the safety of towed ships

4a) The diameter of a ship's turn varies with several factors in addition to rudder angle, and water
depth is one of them. For maneuvering, deep water can be assumed when a water depth of more
than five times the ship's draught is available. At three times the draught, the shallow-water effects
come into action. When depth decreases from twice the draft the effects become more prominent.
So, water depth plays a key role in the maneuvering of a ship and if it is neglected it can give wrong
interpretations. The rate of turn depends on the ship's directional stability, and though the rate
increases at first on leaving the deep water, it decreases as shallower water is reached. These
changes in the rate of turn are comparatively small to be perceived by the ship handler, but in
combination with a smaller speed-loss in the turn, as under keel clearance decreases, it results in an
increase in the ship's turning-circle diameter.

Turning circle advices

Ships manoeuvering - Turning circle diameter : Advice for Helmsman and Officer of the
Watch

1. A deeply laden vessel will experience little effect from wind or sea when turning, but a vessel in a light or
ballasted condition will make considerable leeway, especially with strong winds.

2. When turning, the pivot point of the vessel is often situated well forward of the bridge and may produce
the effect of the vessel turning at a faster rate than she actually is.
3. A vessel trimmed by the stern will steer more easily but the tactical diameter of the turn is increased.

4. A vessel trimmed by the head will decrease the diameter of the turning circle but will become difficult to
steer.

5. If a vessel is carrying a list, the time taken to complete the turn will be subject to delay. A larger turn will be
experienced when turning into the list.

Q4b) IMO guidelines on Safety of towed ships

5 MANNING OF TOWING VESSELS AND TOWED OBJECTS
5.1 Towing vessels should be manned to operate the towing vessel on a 24-hour basis in accordance with the
STCW Code.
5.2 The manning should also, in addition to operating the vessel, be sufficient to ensure that it will be
possible to: - establish a new towing connection; and - board the unmanned towed object, if planned, in an
emergency situation.
5.3 If the towed object is manned, the number of personnel on board the towed object should, as far as
possible, be limited to the necessary crew only.
5.4 Considerations should be given to the need to safely transfer personnel and equipment between the
towing vessel and the towed object when such operation is planned to take place in an emergency situation.
Personnel under transfer should have life jackets or immersion suits, carry suitable radiocommunication
equipment and portable lights. In selecting immersion suits, due regard should be given to the degree of body
heat-loss protection necessary in the area of operation
6 PLANNING
6.1 All aspects of the towage should be planned in advance, taking into account such factors as maximum
anticipated environmental conditions as reflected in section 9.1, including tidal streams, current and water
depths, as well as the size, windage, displacement and draft of the tow. Possible cargo and cargo securing
arrangements on board the towed object should also be taken into consideration. Strength calculation of non-
routine cargo securing arrangements should be carried out. Weather routeing advice should be obtained and
used where available and appropriate, and careful consideration given to the bollard pull of the towing
vessel(s) to be employed, cf. section 9.4. The towing arrangements and procedures should be such as to
reduce to a minimum any danger to personnel during the towing operations.
6.2 There should be a contingency plan on board the towing vessel to cover the onset of adverse weather,
particularly in respect of arrangements for heaving to or taking shelter. Personnel should be familiarized with
their responsibilities and duties in an emergency situation in accordance with this contingency plan. If the
towed object is manned, the contingency plan should also be carried on such object.
6.3 There should be operation or towing manuals on board the towing vessel which describe routine towing
operations and additional manuals to describe any special towage requirements, of which due account should
be taken.
7 PREPARATION
7.1 The tow should not proceed to sea until a satisfactory inspection of the tow has been carried out by the
towing master and, if requested or for any reason considered necessary, by any other competent person.
7.2 The towing operation should not commence unless the environmental conditions prevailing, and forecast,
will allow the tow to achieve safe sea room where the tow is not endangered by a lee shore or other
navigational hazards.
7.3 Where operational limitations have been identified for the tow, procedures should be put in place to
prevent the tow encountering conditions in excess of the limitations. Such procedures may include weather
routeing or safe shelter locations, or both. 8 SURVEY In cases, where particular circumstances or factors
signify an increased risk to the tow, or where the risk cannot be evaluated on the basis of seafaring and
nautical knowledge and experience alone, the owner of the towing vessel, owner(s) of the towed object or
the towing master/tug master should apply for survey in accordance with these guidelines by a competent
organization or authority, as appropriate.
The continuous bollard pull of the towing vessel(s) involved should be sufficient to maintain station keeping of
the tow in the following environmental conditions, acting in the same direction: - Wind: 20 m/s - Significant
wave height: 5 m - Current: 0.5 m/s
10 WEATHER FORECAST
10.1 Where possible a weather forecasting source should be available on a 24-hour basis for the whole
towing operation.
10.2 Weather forecasts should, as a minimum, contain the following information: - Synopsis of the area -
Wind speed and direction - Wave height and period - Swell height and period - Outlook for the next 48 hours.
10.3 In certain high risk situations, or when such forecast may be seasonally unpredictable, consideration
should be given to obtaining a second weather forecast.
10.4 Weather forecasts should be received on the towing vessel (and received or relayed on the towed object
if manned) at least every 24 hours during the towage. Where there are specific weather limitations imposed,
then more frequent forecasts may be appropriate, and possible direct communication with the forecaster if
significant changes are expected.
11 TOWING VESSEL REQUIREMENTS
11.1 Towing vessels should carry on board appropriate valid cargo ships certificates according to their size.
The following documents should also be provided: - Documentation of bollard pull - Documentation of all
towing vessel equipment, ref. section 12
11.2 The continuous bollard pull (BP) at maximum continuous rated power of the main propulsion machinery
should be documented. The testing procedure in Appendix A or a similar procedure should be adhered to.
11.3 When selecting towing vessels for long distance towing operations, special considerations should be
given to the following: - the vessels propulsion and steering gear are appropriate for the proposed towage
operation; - the towline should not hamper the vessel's manoeuvrability under extreme environmental
conditions; and - the towing gear can be handled safely and effectively.
11.4 Towing vessels should have an adequate reserve of fuel depending on the duration of the towing
operation. If refuelling on route is necessary, suitable arrangements should be provided before towing
commences.
11.5 Towing vessels should keep a towing log with information according to Appendix B. Further, it should
keep an engine log for main propulsion machinery and auxiliaries required for the towage, which as a
minimum should contain information related to running hours and unscheduled events.
11.6 Towing vessels should have a documented maintenance system for all important systems including
communication and navigation equipment, main and auxiliary machinery, and steering and towing gear.
 11.7 Notwithstanding the above requirements, all towing vessels, irrespective of their size, should have as a
minimum:
.1 marine radar in compliance with relevant recognized performance standards appropriate for the size and
operation of the vessel; .
2 adequate self-sufficient fire suppression capability; .
3 installation of the following equipment:
.3.1 a searchlight that can be directed from the vessel's main steering station;
.3.2 two VHF-FM radios with Digital Selective Calling capability if not already equipped with Global Maritime
Distress Safety System (GMDSS);
.3.3 an illuminated card type magnetic steering compass or an illuminated flux gate magnetic compass (with a
reserve power supply) that can be read at the vessel's main steering station;
.3.4 an echo depth-sounding device that can be read at the vessel's main steering station;
and .3.5 an electronic positioning device; and .
4 the following on board:
.4.1 currently corrected marine charts of the area to be transited, published by an appropriate authority, of a
scale large enough to make navigation of the area possible; and .4.2 any other useful currently corrected
navigational publications and notices.
13 TOWED OBJECT
13.1 Every towed object, whether manned or not, should be assessed and provided with a confirmation of its
fitness to be towed, covering all below mentioned requirements. 13.2 The towed object should have
adequate intact stability in all the loaded and ballast conditions expected during the voyage. Compliance with
any applicable damage stability criteria should be verified, if not unreasonable due to special conditions. Such
damage stability should be demonstrated to the extent the towed object may have been previously
documented to. 13.3 Prior to sailing, the watertight and weathertight integrity should be confirmed by an
inspection of the closing arrangements for all hatches, valves, airpipes, and other openings through which
water might
enter the towed object and affect its stability. It should also be confirmed that any watertight doors or other
closing arrangements within the hull are securely closed and that any portable closing plates are in place. 13.4
Towed objects should be at a suitable draught and suitably trimmed for the intended voyage, commensurate
with the stability condition demonstrated in accordance with section 13.2. 13.5 It should be documented that
the towed object has adequate structural integrity in relation to the cargo loads, the design environmental
conditions and other foreseen loads during the voyage. Where applicable, reference should be made to the
towed object's loading manual. 13.6 The cargo securing arrangements (ref. section 6.1) and weather
protection for the cargo, equipment and stores carried on the towed object should be carefully examined to
ensure that they are adequate for the voyage. Where applicable, reference should be made to the towed
object's cargo securing manual. 13.7 Where applicable, a bridle should normally be used for connection of the
main towing wire rope to the towed object. Chains should be used in way of chafing areas such as fairleads.
13.8 All connection parts (e.g. each leg of a bridle) should have a documented minimum breaking load (MBL)
exceeding the breaking load of the towing arrangement. 13.9 Towline attachments should be designed to
resist the towline pull from any likely direction, with use of fairleads if necessary. The design and arrangement
of the towing fittings should take into account both normal and emergency conditions. 13.10 The ultimate
strength of any towline attachment (bracket or bollard and their foundation) should not be less than 1.3 times
the minimum breaking load of the towing arrangement which is to be attached. 13.11 Fairleads should be
designed to accommodate the chafing chain and should be shaped so as to prevent excessive bending stress
in the chain links. 13.12 A bridle recovery system should be fitted on the towed object, strong enough to be
utilised after towline breakage, in case the bridle is planned to be used again during the towage. 13.13
Emergency towing equipment should be provided in case of bridle failure or inability to recover the bridle.
This equipment should preferably be fitted at the bow of the towed object and should consist of a spare
bridle or towing pennant fitted with a floating rope and buoy allowing it to be picked up without any
significant hazard. 13.14 Towed objects should exhibit the navigation lights, shapes and, if manned, make the
sound signals required by the International Regulations for Preventing Collisions at Sea, 1972, as amended.
Due consideration should be given to the reliability of the lights and sound signals and their ability to function
for the duration of the voyage. When practicable, a duplicate system of lights should be provided. 13.15
Boarding facilities should be rigged on each side of the towed object. 13.16 When appropriate, the rudder
should be secured in the amidships position and measures taken to prevent the propeller shaft from turning.
13.17 Life-saving appliances in the form of lifejackets and life buoys shall be provided whenever personnel are
likely to be on board the towed object even if only for short periods. When personnel are expected to remain
on board for longer periods of time, liferafts should also be provided. If the freeboard is more than 4.5 m,
liferaft davits should be provided, unless rendered impractical due to the design or conditions of the towed
object. Whenever the towed object is continually manned, the riding-crew should be provided with adequate
supplies of food and water, cooking and sanitary facilities, radio equipment, including means of
communication with the towing vessel, distress signals, life-saving and fire-fighting appliances. 13.18 Towed
objects should be equipped with an anchor, suitable for holding the towed object in severe weather
conditions, that is securely attached to a chain cable or wire and is arranged for release in an emergency by
persons on, or boarding the towed object, unless rendered impractical due to the design or conditions of the
towed object. 13.19 To reduce the risk of pollution, the amount of oil carried on the towed object should be
limited to what is required for the safety of the towed object and/or towing vessel and for their normal
operations, provided no risk to the environment will result from the removal of oil from the towed object.

Q05) WORLDSCALE // PLACE OF REFUGE// MAS AS PER IMO

A)
What is WORLDSCALE?
O Nominal freight scale applying to the carriage of oil and oil products in bulk by sea.
O An international freight index for tankers that provides a method of calculating the
freight applicable to transporting oil by reference to a Standard Vessel on a round trip
voyage from one or several load ports to one or several discharge ports.
O Includes expenses associated with ports, transit fees, port and voyage time and vessel
bunker costs assessed in relation to the WORLDSCALE Standard Vessel basis of
calculation in order to produce a comparative nominal freight scale reported in dollars
per ton. Its principle is to provide the same net return per day irrespective of voyage
performed for the WORLDSCALE Standard Vessel at WS100.
What is WORLDSCALE used for?
O WORLDSCALE is used to calculate freight rates for oil tankers and product carriers. It
is a tanker chartering tool; its principle is to provide the ship-owner with the same net
return per day irrespective of voyage performed for the WORLDSCALE Standard
Vessel at WS100.
O WORLDSCALE is recognised as the definitive work of reference in the chartering of
tankers. Subscribers include tanker owners, oil companies, shipbrokers and traders. It is
used to calculate freight payments and express market levels and trends.
O Rates are based upon a 75,000 ton total capacity vessel performing a round voyage and
expressed in dollars per ton of cargo.
O Rates are prepared based upon load and discharge ports rather than ranges.
O Rates for any combinations of ports or transshipment areas can be calculated with up to
five load ports and ten discharge ports available on the web-site. More complex voyages available from the
Associations.
O The cheapest route is calculated, taking into consideration distance, canal and pilotage
fees. The shortest route may not necessarily produce the cheapest rate.
 O Rates are revised annually using updated Bunker Prices, Port Costs and ExchangeRates.
Advantages of WORLDSCALE
O Standard of reference.
O Facilitates competition.
O Ease of conducting business.
O Geographical options included.
O Applies to different liquid cargo types.
O Faster response to quotations.
O Standardised format.
O Market Index System.
O Common understanding of terminology.
O Financial risk reduction.
O Simplification of invoicing.
WORLD SCALE
The WORLDSCALE Associations of London and New York jointly publish a book, listed
over 60,000 voyage rates and distances. The book is revised yearly to take account of changes
in bunker prices and port dues, amendments are also published from time to time throughout
the year. These “base” rates are given in US$ per tonne of cargo and take into account bunker
prices, canal transit times and port charges.
Standard vessel
(i) Total capacity 75,000 tonnes
(i. e. the vessel’s capacity for cargo plus stores, water, and bunkers, both voyage and reserve).
(ii) Average service speed 14.5 knots
(iii) Bunker consumption steaming 55 tonnes per day
(iv) Purposes other than steaming 100 tonnes per round voyage; In port - 5 tonnes for each port involved in
the voyage
(v) Grade of fuel oil 380 cst
(vi) Port time 4 days for a voyage from one loading port to one discharging port; an additional 12 hours being
allowed for each extra port involved on a voyage
(vii) Fixed hire element USD 12,000 per day
(viii) Bunker price USD 149.75 per tonne
(ix) Canal transit time 24 hours is allowed for each transit of the
Panama Canal. Thirty (30) hours is allowed for each transit of the Suez Canal. Mileage is not taken into account in either
case. All rate calculations, which are made in USD, are per tonne for a full cargo for the standard vessel based upon a
round voyage from loading port or ports to discharging port or ports and return to first loading port using the under-
mentioned factors. Thus if the voyage was fixed at WORLDSCALE 100 (WS 100) then the rate would be as published. If the
voyage was fixed at WS 170 then it would be 170% of the published rate. This has proven to be a remarkably successful
compromise between the charterer’s desire for flexible discharge options and the owners need for a fair predictable
income for his vessel, owever there are problems. WORLDSCALE is based upon an average vessel earning an
average rate with average rate with average costs. The further your vessel is away from the WORLDSCALE average and the
further away the market is from WS 100 then the greater the potential for distortions. This is why when looking at fixture
reports you may see a VLCC fixing at WS 60 whilst a product tanker is fixed at WS 200, the cost per tonne of cargo moved
on a VLCC is much lower than the cost per tonne of cargo moved on a product tanker, thus the product tanker will
attract a higher WORLDSCALE percentage. Prudent owners will be aware of any distortions their particular vessel
specifications and the state of the market may cause and will adjust their figures accordingly.
An unfortunate fact that the concept of WORLDSCALE points cannot be carried over by dry cargo operators for the
following reasons:
O Dry cargo carriers have multiplicity of trades and cargoes whereas the tankers carry oil only.
O Dry cargo ships are of several types and have variety of cargo handling gear. tankers on the other hand have
practically the same type of construction and all of them are fitted with cargo handling pumps.
O Vast variation exists in stowage factors of dry cargoes whereas the oil does not have much different stowage
factors therefore needing practically same sized (cubic capacity wise) vessels for same weights of cargo.
O Carriage of dry goods has several modes i.e. Bulk, Bags, Pallets, Drums, Bales and containers whereas tankers
carry oil in bulk only.
O Dry cargo vessel has large variation in “operational port stay” (from few hours to several weeks) whereas the
tankers irrespective of their size require practically the same ‘operational port stay’ ranged between 18 to 36 hours
usually.
O Tankers have fewer loading and discharging locations the world over as specialized arrangements have to be put
in place before a tanker can discharge and on the other hand a dry cargo vessel needs very little in the name of
infrastructure and can discharge her cargo just about anywhere.

PLACE OF REFUGE // MAS

(a) The circumstances of a ship’s operation that involve MAS are not those requiring rescue of persons, three
situations can arise: The ship is involved in an incident (e.g., loss of cargo, accidental discharge of oil, etc.) that
does not impair its sea keeping ability but nevertheless has to be reported; The ship, according to its master’s
assessment, is in need of assistance but not in a distress situation (about to sink, fire developing, etc.) that requires
the rescue of those on board; and The ship is found to be in a distress situation and those on board have already
been rescued, with the possible exception of those who have remained aboard or have been placed on board
to attempt to deal with the ship’s situation.
Duties of MAS
In accordance with the above resolution, the functions of MAS are the following:
O To receive the reports, consultations and notifications provided for by the relevant IMO instruments in the event
of an incident involving a ship;
O To monitor the ship’s situation if a report as referred to above discloses an incident that may give rise to a
situation where the ship is in need of assistance;
O To serve as the point of contact between the master and the coastal State if the ship’s situation requires
exchanges of information between the ship and the coastal State other than a distress situation that could lead to a
search and rescue operation;
O To serve as the point of contact between those involved in a marine salvage operation undertaken by private
facilities at the request of the company and the coastal State if the coastal State considers that it should monitor the
conduct of the operation.
The DG Shipping is the authority performing the functions of MAS.
(b) The Guidelines do not address the issue of operations for the rescue of persons at sea, inasmuch as the practical
difficulties that have given rise to the examination of the issue of places of refuge relate to problems other than
those of rescue. Two situations can arise: The ship, according to the master’s assessment, is in need of assistance but
not in a distress situation (about to sink, fire developing, etc.) that requires the evacuation of those on board; or
Those on board have already been rescued, with the possible exception of those who have stayed on board or have
been placed on board in an attempt to deal with the situation of the ship. If, however, in an evolving situation, the
persons on board find themselves in distress, the rules applicable to rescue operations under the SAR Convention,
the IAMSAR Manual and documents arising there from have priority over the present Guidelines (and procedures
arising here from). In any case the competent MRCC should be informed about any situation which may develop into
a SAR incident.

Resolution A. 949 (23) Guidelines on places of refuge for ships in need of assistance are intended for use when a ship
is in need of assistance but the safety of life is not involved. Where the safety of life is involved, the provisions of the
SAR Convention should continue to be followed. It was considered that the availability of places of refuge to ships in
need of assistance significantly contributes to the minimization of hazards to navigation, human life, ships,
cargoes and the marine environment and to the efficiency of salvage operations. Furthermore, it is a recognised fact
that the legal framework for the efficient management of situations involving ships in need of assistance and
requiring a place of refuge should take into account the interests of all concerned parties. Also, since the existing
international conventions do not establish a comprehensive framework for legal liability arising out of circumstances
in which a ship in need of assistance seeks a place of refuge and is refused, or is accepted, and damage ensues.
The guidelines therefore recognize that, when a ship has suffered an incident, the best way of preventing damage or
pollution from its progressive deterioration is to transfer its cargo and bunkers, and to repair the casualty. Such an
operation is best carried out in a place of refuge. However, to bring such a ship into a place of refuge near a coast
may endanger the coastal State, both economically and from the environmental point of view, and local authorities
and populations may strongly object to the operation. Therefore, granting access to a place of refuge could involve a
political decision which can only be taken on a case-by-case basis. In so doing, consideration would need to be given
to balancing the interests of the affected ship with those of the environment.

Place of refuge: Where the safety of life is involved, the provisions of the SAR convention should be followed. Where
a ship is in need of assistance but safety of life is not involved, the guidelines given in IMO A 949 (23) should be
followed. When a ship has suffered an incident, the best way of preventing damage or pollution from its progressive
deterioration would be to lighten its cargo and bunkers; and to repair the damage. Such an operation is best carried
out in a place of refuge. While coastal states may be reluctant to accept damaged or disabled ships into their area of
responsibility due primarily to the potential for environmental damagein fact it is rarely possible to dealsatisfactorily
and effectively with a marine casualty in open sea conditions. Granting access to a place of refuge could involve a
political decision with due consideration given to the balance between the advantage for the affected ship and the
environment resulting from bringing the ship into a place of refuge and the risk to the environment resulting from
that ship being near the coast.
Action required of master and / or salvors
Ø Appraisal of the situation
Ø The master should, where necessary with the assistance of the company and/or the salvor, identify the reasons for
his/her ship‟s need of assistance.
Ø Identification of hazards and assessment of associated risks.
Ø The master, where necessary with the assistance of the company and/or the salvor, should estimate the
consequences of the potential casualty if the ship remains in the same position; if the ship continues on its voyage; if
the ship reaches a place of refuge; or if the ship is taken out to sea.
Identification of the required actions
Ø The master and / or the salvor should identify the assistance they require from the coastal state.
Ø Contacting the authority of the coastal state.
Ø The master and/or the salvor should make contact with the coastal state in order to transmit to it the relevant
particulars.
Ø Such contact should be made through the coastal state‟s Maritime Assistance Service (MAS) as per IMO A 950(23).
Ø Establishment of responsibilities and communications with all parties involved.
Ø The master and/or the salvor should notify the MAS of the actions that are intended to be taken and within what
period of time.
Ø The MAS should notify the master and/or the salvor of the facilities that it can make available with a view to
assistance or admittance of the ship to a place of refuge, if required.
Response actions
Ø Subject, where necessary, to the coastal state‟s prior consent, the shipmaster and the shipping company
concerned should take any necessary response actions, such as signing salvage or towage agreement or the
provision of any other service for the purpose of dealing with the ship‟s situation.
Ø The master, the company and, where applicable, the salvor of the ship should comply with the practical
requirements resulting from the coastal state‟s decision-making process.
Reporting procedures
Ø The reporting procedures should be in accordance with the procedures laid down in the safety management
system of the ship concerned under the ISM Code.
Appraisal of the situation
1) The master should, where necessary with the assistance of the company and/or the salvor, identify the reasons for
his/her ships need of assistance.
Identification of hazards and assessment of associated risks.
2) Having made the appraisal , the master, where necessary with the assistance of the company and/or the salvor,
should estimate the consequences of the potential casualty, in the following hypothetical situations, taking into
account both the casualty assessment factors in their possession and also the cargo and bunkers on board:
- if the ship remains in the same position;
- if the ship continues on its voyage;
- if the ship reaches a place of refuge; or
- if the ship is taken out to sea.
Ø Identification of events, such as:
- fire
- explosion
- damage to the ship, including mechanical and/or structural failure
- collision
- pollution
- impaired vessel stability
- grounding.
2 Assessment of risks related to the identified event taking into account:
1) Environmental and social factors, such as:
Ø Safety of those on board
Ø Threat to public safety What is the nearest distance to populated areas? pollution caused by the ship
Ø Designated environmental areas Are the place of refuge and its approaches located in sensitive areas such as areas
of high ecological value which might be affected by possible pollution? Is there, on environmental
grounds, a better choice of place of refuge close by?
Ø Sensitive habitats and species
Ø Fisheries - Are there any offshore and fishing or shellfishing activities in the transit area or in the approaches to the
place of refuge or vicinity which can be endangered by the incoming ship in need of assistance?
Ø Economic/industrial facilities, What is the nearest distance to industrial areas?
Ø Amenity resources and tourism.
Ø Facilities available
Ø Are there any specialist vessels and aircraft and other necessary means for carrying out the required operations or
for providing necessary assistance?
Ø Are there transfer facilities, such as pumps, hoses, barges, pontoons?
Ø Are there reception facilities for harmful and dangerous cargoes?
Ø Are there repair facilities, such as dockyards, workshops, cranes?
2) Natural conditions, such as:
Ø Prevailing winds in the area.
Ø Is the place of refuge safely guarded against heavy winds and rough seas?
o Tides and tidal currents.
o weather and sea conditions
o Local meteorological statistics and number of days of inoperability or inaccessibility of the place of refuge.
o bathymetry
o Minimum and maximum water depths in the place of refuge and its approaches.
Ø The maximum draught of the ship to be admitted.
Ø Information on the condition of the bottom, i.e., hard, soft, sandy, regarding the possibility to ground a problem
vessel in the haven or its approaches.
- seasonal effects including ice
- navigational characteristics
Ø In the case of a non-sheltered place of refuge, can salvage and lightering operations be safely conducted?
Ø Is there sufficient space to manoeuvre the ship, even without propulsion?
Ø What are the dimensional restrictions of the ship, such as length, width and draught?
Ø Risk of stranding the ship, which may obstruct channels, approaches or vessel navigation.Description of anchorage
and mooring facilities in the place of refuge.
- operational conditions, particularly in the case of a port
Ø Is pilotage compulsory and are pilots available?
Ø Are tugs available?
Ø State their number and horsepower.
Ø Are there any restrictions?
Ø If so, whether the ship will be allowed in the place of refuge, e.g. escape of poisonous gases, danger of explosion,
etc.
Ø Is a bank guarantee or other financial security acceptable to the coastal State imposed on the ship before
admission is granted into the place of
refuge?
3) Contingency planning, such as:
Ø Competent MAS
Ø Roles and responsibilities of authorities and responders
o Fire fighting capability
o response equipment needs and availability
o response techniques
Ø Is there a possibility of containing any pollution within a compact area?
- international co-operation
Ø Is there a disaster relief plan in the area?
- evacuation facilities
4) Foreseeable consequences (including in the media) of the different
scenarios envisaged with regard to safety of persons and pollution, fire, toxic and
explosion risks.
5) Emergency response and follow-up action, such as:
- lightering
- pollution combating
- towage
- stowage
- salvage
- storage.
5(B) GUIDELINES ON MARITIME ASSISTANCE SERVICE (MAS)
The circumstances of a ship.s operation that involve a MAS are not those requiring rescue of persons
Three situations can arise: Ø the ship is involved in an incident (e.g., loss of cargo, accidental discharge
of oil, etc.) that does not impair its sea keeping ability but nevertheless has to be reported;
Ø the ship, according to its master‟s assessment, is in need of assistance but not in distress situation (about to sink,
fire developing, etc.) that requires 0the rescue of those on board; andthe ship is found to be in a distress situation
and those on board have
already been rescued, with remained aboard or have been placed on board to attempt to deal with the
ship‟s situation. If, however, in an evolving situation, the persons on board find themselves in distress, the
involvement of the mrcc and not the mas will have priority.
ESTABLISHMENT OF MAS
1) The establishment of a MAS should not necessarily entail the setting up of a new organization. In so far as the
present guidelines are observed, the functions of the MAS could, at the discretion of the Administration, be
discharged by an existing organization, preferably an MRCC, or alternatively a harbormaster‟s office, a coast guard
operations centre (if one exists) or. another body.
2) The allocation of MAS functions to an MRCC could from a practical Viewpoint be an advantageous and effective
solution but would require the personnel to be well trained in distinguishing between circumstances causing a ship
to find itself in a distress situation and circumstances placing a ship in a difficult situation but not in distress as
defined in the SAR Convention and procedures arising there from. It should be recalled that the MRCC concept
entails co-ordination of search and rescue operations. By contrast, a MAS, within the scope of the above resolution,
is responsible only for receiving and transmitting communications and monitoring the situation.
3) The fact that the resolution recommends every coastal State to establish a MAS should not prevent neighbouring
coastal States from combining their resources under suitable arrangements to operate a joint MAS.
4) Conversely, a coastal State should be able to establish more than one MAS if necessity so warrants.
DUTIES OF MAS
In accordance with the above resolution, the functions of a MAS are the following:
1> to receive the reports, consultations and notifications provided for by the relevant IMO instruments in the event
of an incident involving a ship;
2> to monitor the ship‟s situation if a report as referred to in (1) discloses an incident that may give rise to a
situation where the ship is in need of assistance;
3> to serve as the point of contact between the master and the coastal State if the ship‟s situation requires
exchanges of information between the ship and the
Coastal State other than a distress situation that could lead to a search and rescue operation;
4> to serve as the point of contact between those involved in a marine salvage operation undertaken by private
facilities at the request of the company and the coastal State if the coastal State considers that it should monitor the
conduct of the operation.
The establishment of a MAS does not entail any reorganization of governmental or administrative responsibilities or
duties since, in accordance with the above resolution, the MAS is only a contact point. It does, however, entail the
implementation of procedures and instructions enabling the MAS to forward any given information to the competent
organization and requiring the organizations concerned to go through the MAS in order to make contact with the
ship. National instructions should therefore indicate to the organization discharging the
MAS functions at a minimum:
- the authority or organization to which it transmits the information obtained from a ship; and
- the authority or organization from which it receives instructions concerning its action and the particulars to be
transmitted to the ship.
Nevertheless, as soon as information indicates that the ship.s situation might subsequently require a rescue
operation, the MRCC if the MAS function is not discharged by it, must be informed so that it can make preparations
to respond if necessary.
The above resolution and the present guidelines would not prevent a government from allocating to its MAS duties
other than those referred to above with regard to a ship in need of assistance.
OPERATION OF A MAS
A MAS should be operational on a 24-hour basis. It should be possible for the English language to be used in
exchanges between a ship in need of assistance and a MAS. MAS should be authorized by their respective
Governments to exchange with each other information concerning reports received and situations involving ships
which may be in need of assistance.
COMMUNICATION FACILITIES
With regard to provisions of communication facilities to MASs, circular COMSAR/Circ.18, entitled .Guidance on
minimum communication needs of maritime rescue co-ordination centres (MRCCs)., could be used as a basis.

Q5) Define stowaway //attempted stowaway// duties of master// discuss type of stowaways
Responsibilities in relation to the resolution of stowaway cases - Questioning and notification
by the master (FAL 11/37)
It is the responsibility of the master of the ship which finds any stowaways on board:
1. to make every effort to determine immediately the port of embarkation of the stowaway;
2. to make every effort to establish the identity, including the nationality / citizenship and
the right of residence of the stowaway;
3. to prepare a statement containing all available information relevant to the stowaway for
presentation to the appropriate authorities (for example, the public authorities at the
port of embarkation, the flag State and any subsequent ports of call if relevant) and the
ship-owner. In this respect the reporting form provided in the Appendix should be used
and completed as far as practicable;
4. to notify the existence of a stowaway and any relevant details to the ship-owner and
appropriate authorities at the port of embarkation, the next port of call and the flag
State; with the understanding that when a stowaway declares himself/herself to be a
refugee, this information should be treated as confidential to the extent necessary for
the security of the stowaway;
5. not to depart from the planned voyage to seek the disembarkation of a stowaway
discovered on board the ship after it has left the territorial waters of the State where the
stowaways embarked unless permission to disembark the stowaway has been granted
by the public authorities of the State to whose port the ship deviates, or repatriation has
been arranged elsewhere with sufficient documentation and permission given for
disembarkation, or unless there are extenuating safety, security, health or
compassionate reasons;
6. to ensure that the stowaway is presented to the appropriate authorities at the next port of
call in accordance with their requirements;
7. to take appropriate measures to ensure the security, general health, welfare and safety
of the stowaway until disembarkation, including providing him/her with adequate
provisioning, accommodation, proper medical attention and sanitary facilities;
8. to ensure that stowaways are not made to work on board the ship, except in emergency
situations or in relation to the stowaway's accommodation on board; and
9. To ensure that stowaways are treated humanely, consistent with the basic principles.
The State of the first port of call according to the voyage plan
It is the responsibility of the State of first port of call according to the voyage plan after the
discovery of the stowaway:
to accept the stowaway for examination in accordance with the national laws of that State and, where the
competent national authority considers that it would facilitate matters, to allow the ship-owner and the
competent or appointed P&I Club correspondent to have access to the stowaway; to favourably consider
allowing disembarkation and provide, as necessary and in accordance with national law, secure
accommodation which may be at the expense of the ship-owner, where:
1. a case is unresolved at the time of sailing of the ship, or
2. the stowaway is in possession of valid documents for return and the public authorities
are satisfied that timely arrangements have been or will be made for repatriation and all
the requisites for transit fulfilled, or
3. other factors make it impractical to remove the stowaway on the ship of arrival; such
factors may include but are not limited to cases where a stowaway's presence on board
would endanger the safe and secure operation of the ship, the health of the crew or the
stowaway;
4. to make every effort to cooperate in the identification of the stowaway and the
establishment of his/her nationality/citizenship or right of residence;
5. to make every effort to cooperate in establishing the validity and authenticity of a
stowaway's documents and, when a stowaway has inadequate documents, to whenever
practicable and to an extent compatible with national legislation and security requirements, issue a covering
letter with a photograph of the stowaway and any other important information. The letter, authorizing the
return of the stowaway either to his/her State of origin or to the point where the stowaway commenced
his/her journey, as appropriate, by any means of transportation and
6. Specifying any other conditions imposed by the authorities, should be handed over to
the operator effecting the removal of the stowaway. This letter will include information
required by the authorities at transit points and/or the point of disembarkation;
7. to give directions for the removal of the stowaway to the port of embarkation, State of
nationality/citizenship or right of residence or to some other State to which lawful
directions may be made, in cooperation with the ship-owner;
8. To inform the ship-owner on whose ship the stowaway was found, as far as practicable,
of the level of cost of detention and return of the stowaway, if the ship-owner is to
cover these costs. In addition, public authorities should keep such costs to a minimum,
as far as practicable, and according to national legislation, if they are to be covered by
the ship-owner, as well as keeping to a minimum the period during which ship-owners
are held liable to defray costs of maintenance of a stowaway by public authorities;
9. to consider mitigation of charges that might otherwise be applicable when ship-owners
have cooperated with the control authorities to the satisfaction of those authorities in
measures designed to prevent the transportation of stowaways; or where the master has
properly declared the existence of a stowaway to the appropriate authorities in the port
of arrival, and has shown that all reasonable preventive measures had been taken to
prevent stowaways gaining access to the ship;
10. to issue, if necessary, in the event that the stowaway has no identification and/or travel
documents, a document attesting to the circumstances of embarkation and arrival to
facilitate the return of the stowaway either to his/her State of origin, to the State of the
port of embarkation, or to any other State to which lawful directions can be made, by
any means of transport;
11. to provide the document to the transport operator effecting the removal of the
stowaway;
12. to take proper account of the interests of, and implications for, the ship-owner when
directing detention and setting removal directions, so far as is consistent with the maintenance of control,
their duties or obligations
13. to the stowaway under the law, and the cost to public funds;
14. to report incidents of stowaways to the Organization3;
15. to cooperate with flag State of the ship in identifying the stowaway and their
nationality/citizenship and right of residence, to assist in removal of the stowaway from
the ship, and to make arrangements for removal or repatriation; and
16. If disembarkation is refused, to notify the flag State of the ship the reasons for refusing
disembarkation. to prepare a statement containing all available information relevant to the stowaway for
presentation to the appropriate authorities (for example, the public authorities at the port of embarkation, the
flag State and any subsequent ports of call if relevant) and the ship-owner.
In this respect the reporting form provided in the Appendix should be used and completed as far as
practicable;
4. to notify the existence of a stowaway and any relevant details to the ship-owner and
appropriate authorities at the port of embarkation, the next port of call and the flag
State; with the understanding that when a stowaway declares himself/herself to be a
refugee, this information should be treated as confidential to the extent necessary for
the security of the stowaway;
5. not to depart from the planned voyage to seek the disembarkation of a stowaway
discovered on board the ship after it has left the territorial waters of the State where the
stowaways embarked unless permission to disembark the stowaway has been granted
by the public authorities of the State to whose port the ship deviates, or repatriation has
been arranged elsewhere with sufficient documentation and permission given for
disembarkation, or unless there are extenuating safety, security, health or
compassionate reasons;
6. to ensure that the stowaway is presented to the appropriate authorities at the next port of
call in accordance with their requirements;
7. to take appropriate measures to ensure the security, general health, welfare and safety
of the stowaway until disembarkation, including providing him/her with adequate
provisioning, accommodation, proper medical attention and sanitary facilities;
8. to ensure that stowaways are not made to work on board the ship, except in emergency
situations or in relation to the stowaway's accommodation on board; and
9. To ensure that stowaways are treated humanely, consistent with the basic principles.
The State of the first port of call according to the voyage plan
It is the responsibility of the State of first port of call according to the voyage plan after the
discovery of the stowaway: to accept the stowaway for examination in accordance with the national laws of
that State and, where the competent national authority considers that it would facilitate matters, to allow the
ship-owner and the competent or appointed P&I Club correspondent to have access to the stowaway; to
favourably consider allowing disembarkation and provide, as necessary and in accordance with national
law, secure accommodation which may be at the expense of the ship-owner, where:
1. a case is unresolved at the time of sailing of the ship, or
2. the stowaway is in possession of valid documents for return and the public authorities
are satisfied that timely arrangements have been or will be made for repatriation and all
the requisites for transit fulfilled, or
3. other factors make it impractical to remove the stowaway on the ship of arrival; such
factors may include but are not limited to cases where a stowaway's presence on board
would endanger the safe and secure operation of the ship, the health of the crew or the
stowaway;
4. to make every effort to cooperate in the identification of the stowaway and the
establishment of his/her nationality/citizenship or right of residence;
5. to make every effort to cooperate in establishing the validity and authenticity of a
stowaway's documents and, when a stowaway has inadequate documents, to whenever
practicable and to an extent compatible with national legislation and security
requirements, issue a covering letter with a photograph of the stowaway and any other
important information. The letter, authorizing the return of the stowaway either to
his/her State of origin or to the point where the stowaway commenced his/her journey,
as appropriate, by any means of transportation and
6. Specifying any other conditions imposed by the authorities, should be handed over to
the operator effecting the removal of the stowaway. This letter will include information
required by the authorities at transit points and/or the point of disembarkation;
7. to give directions for the removal of the stowaway to the port of embarkation, State of
nationality/citizenship or right of residence or to some other State to which lawful
directions may be made, in cooperation with the ship-owner;
8. To inform the ship-owner on whose ship the stowaway was found, as far as practicable,
of the level of cost of detention and return of the stowaway, if the ship-owner is to
cover these costs. In addition, public authorities should keep such costs to a minimum,
as far as practicable, and according to national legislation, if they are to be covered by
the ship-owner, as well as keeping to a minimum the period during which ship-owners
are held liable to defray costs of maintenance of a stowaway by public authorities;
9. to consider mitigation of charges that might otherwise be applicable when ship-owners
have cooperated with the control authorities to the satisfaction of those authorities in
measures designed to prevent the transportation of stowaways; or where the master has
properly declared the existence of a stowaway to the appropriate authorities in the port
of arrival, and has shown that all reasonable preventive measures had been taken to
prevent stowaways gaining access to the ship;
10. to issue, if necessary, in the event that the stowaway has no identification and/or travel
documents, a document attesting to the circumstances of embarkation and arrival to
facilitate the return of the stowaway either to his/her State of origin, to the State of the
port of embarkation, or to any other State to which lawful directions can be made, by
any means of transport;
11. to provide the document to the transport operator effecting the removal of the
stowaway;
12. to take proper account of the interests of, and implications for, the ship-owner when
directing detention and setting removal directions, so far as is consistent with the
maintenance of control, their duties or obligations
13. to the stowaway under the law, and the cost to public funds;
14. to report incidents of stowaways to the Organization3;
15. to cooperate with flag State of the ship in identifying the stowaway and their
nationality/citizenship and right of residence, to assist in removal of the stowaway from
the ship, and to make arrangements for removal or repatriation; and
16. If disembarkation is refused, to notify the flag State of the ship the reasons for refusing
disembarkation.

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

Defines Stowaways and seamen carried under compulsion as:-
1) No person shall secrete himself and go to sea in a ship without the
consent of either the owner, agent or master or of a mate, or of the
person in charge of the ship or of any other person entitled to give that
consent.
2) Every seafaring person to whom the master of a ship is under the
authority of this Act or any other law compelled to take on board and
convey and every person who goes to sea in a ship without such
consent as aforesaid shall, so long as he remains in the ship, be subject
to the same laws and regulations for preserving discipline and to the
same fine, and punishments for offences constituting or tending to a
breach of discipline as if he were a member of, and has signed the
agreement with the crew.
3) The master of any Indian ship arriving at any port or place in or outside
India and the master of any ship other than an Indian ship arriving at
any port or place in India shall, if any person has gone to sea on that
ship without the consent referred to in sub-section (1), report the fact in
writing to the proper officer as soon as may be after the arrival of the
ship.
DEFINITION AS PER RESOLUTION NO. 871(20)
―Stowawayǁ . A person who is secreted on a ship, or in cargo which is
subsequently loaded on the ship, without the consent of the shipowner or the
master or any other responsible person and who is detected on board the ship
after it has departed from a port, or in the cargo while unloading it in the port of
arrival, and is reported as a stowaway by the master to the appropriate
authorities.
―Attempted stowawayǁ . A person who is secreted on a ship, or in cargo which
is
subsequently loaded on the ship,without the consent of the shipowner or the
master or any other responsible person, and who is detected on board the ship
before it has departed from the port.

6A) IMCCP:

The Indian Directorate General of Shipping is the competent authority for all issues pertaining to maritime
administration, safety and security of ships and seafarers, prevention of pollution of the marine environment,
standards of training & certification of seafarers (STCW) and their welfare.

In a recent incident, an Indian repair fitter died on board a Norwegian flag vessel on 5 February 2006 whilst
the vessel was en route Fujairah from New Mangalore. This is only one of several incidents comprising a
disturbing recent trend of casualties involving Indian seafarers working on foreign flag ships operating around
the coast of India and overseas. The Maritime Administration has become increasingly concerned about the
safety and well being of Indian seafarers serving on ships flying foreign/Indian flags. In an endeavour to send a
strong message to the industry that the personal safety of Indian seafarers is a priority, the administration
has, in exercise of its statutory powers, recently laid down the following action plan and reporting procedures.
The recruiting company, the ship manager or the manning agent of a foreign flag ship in any geographical area
involved in any casualty on board resulting in the death, disappearance, loss overboard of or, in the case of
homicide, by or against an Indian national are obliged to:

report the incident at the earliest opportunity and not later than 24 hours after receipt of such information to
the Directorate in the prescribed format, namely: ”Report on Marine Casualty/Incident”’
be guided by the Indian Mariners Casualty Contingency Plan (IMCCP) with regard to the procedures and the
various actions to be taken by the entities listed in the plan
lodge a First Information Report (FIR) with the police in India at the earliest opportunity in the case of a
cognizable offence (where the nature of the offence is such that police are empowered to arrest without a
warrant) and supply an endorsed copy to both the Directorate and the next of kin.
forward the relevant section of Marine Casualty and Incident Report, in the format prescribed by IMO, on
completion of inquiry to the Directorate within 30 days.
Ensure that the necessary procedures are carried out by the master in the event of a casualty involving Indian
seafarers on a foreign flag vessel. The outline of the procedures is set out below:
a) report the incident to the owner and/or manager.

b) investigate and complete the company's accident report form for all accidents involving crew injuries.

c) in the event of an injury following an accident, the master shall be guided by the publication
“Mariner’s Role in Collecting Evidence”. However, the following suggestions may be taken into account:

obtain radio medical advice.

write a detail description of the events leading to the accident.
obtain statements of witnesses of the accident.
take photographs of the site of the accident including ship's structure and equipment - photographs must
bear the date and time they were taken
in case of damage to ship structure and equipment, properly label and retain broken pieces.
attach the copy of the maintenance and testing record of the equipment
The guidelines set out above are, in many ways, a follow-up of steps that the government had also taken in
the recent past in the form of promulgation of the Merchant Shipping (Recruitment and Placement of
Seafarers) Rules, 2005. These rules provide a mechanism of protection for Indian seafarers working on Indian
and foreign flag vessels and the necessary safeguards for their repatriation in the event of their being
stranded, or during such other exigencies, when the owner fails to discharge the duty of repatriating the
seafarers to the home port. The rules also provide a mechanism for necessary registration of the manning
agents (agents for Indian and foreign flag vessels).

The main objective of the said rules was to create an awareness among Indian seafarers, while they are
undergoing training, of their rights and also of the importance of following and adhering to due procedure
while taking up employment on board Indian/foreign flag vessels, through registered manning agents only.

Some of the salient features of these rules are: registration of recruitment and placement entities, ensuring
that the employment contract conforms to the laws for the time being in force, repatriation of seafarers in the
event of being stranded at any place and transportation of the mortal remains of expired seafarers etc.

In pursuance of these aims, all training institutes have been directed to commence a new course module for
all pre-sea training courses and the Directorate has also undertaken a "training the trainers" for all training
institutes located in the country. The course module is required to be implemented by all the training
institutes and they are required to ensure that the time prescribed to the course module is incorporated in
the regular training course and imparted effectively to all the trainees. Furthermore, relevant questions from
the course module are to be included as part of the exit examination for ratings and as part of the final
examination for deck and engine cadets.

Certificates issued to candidates should carry the following endorsement:

"the candidate has undergone the course module implemented for implementation of Merchant Shipping
(Recruitment and Placement of Seafarers) Rules, 2005, the relevant provisions of M.S. Act 1958 and Articles of
Agreement."

Compliance with the above is must be strictly adhered to by all the training institutes.

The Directorate has also recommended various initiatives in creating adequate awareness on the strengths
and weaknesses of a career at sea amongst the students, parents, maritime training institutes, colleges,
universities, shipping agencies, shipping companies and Indian consulates abroad. This awareness would
assist aspiring seafarers in the decision-making process before joining the profession. It has become
mandatory for aspirants to the officer cadre to undergo compulsory psychometric testing prior to admission
at a pre-sea training institute. This step has been taken to ensure that the selected trainee is mentally and
psychologically fit to cope up with the hardships and vagaries of the seafaring profession. The Merchant
Marine Personality Evaluation (MMPE) test has been developed by professional and experienced
psychologists of the marine industry. Admission to Directorate-approved pre-sea training institutes for
officer’s cadre after 1 April 2006 is subject to passing this test.

Last, but not the least, the appointed port state control officers of the Directorate continue to conduct, and
are likely to do so with renewed vigour, inspection of foreign flag ships while they are in Indian ports to verify
compliance with Merchant Shipping (Minimum Standards) Convention, ILO 147 to which India is a party. Any
complaint or shortcoming noticed during the inspection affecting Indian seafarers or other nationals is then
required to be rectified, and the competent authority has the powers to detain the vessel until such time as
the minimum on-board safety standards have been achieved.
6b)
Q 6b) Djibouti Code of conduct//IMB// ISC
A) Djibouti Code of Conduct
The Code of Conduct concerning the Repression of Piracy and Armed Robbery against Ships in the
Western Indian Ocean and the Gulf of Aden (the Djibouti Code of Conduct) provides a framework for
capacity building in the Gulf of Aden and Western Indian Ocean to counter the threat of piracy. The
Code was signed on 29 January 2009 by the representatives of: Djibouti, Ethiopia, Kenya,
Madagascar, Maldives, Seychelles, Somalia, the United Republic of Tanzania and Yemen. Comoros,
Egypt, Eritrea, Jordan, Mauritius, Mozambique, Oman, Saudi Arabia, South Africa, Sudan and the
United Arab Emirates have since signed, bringing the total to 20 countries. Since its adoption, the
Code has become the major focus for facilitating transnational communication, coordination and
cooperation in its four thematic broad pillars: delivering national and regional training, enhancing
national legislation, information sharing and building counter-piracy capacity.
An international agreement that has been instrumental in repressing piracy and armed robbery
against ships in the western Indian Ocean and the Gulf of Aden is set to significantly broaden its
scope.

Signatories to the Djibouti Code of Conduct have agreed to work towards extending its remit to
address other illicit maritime activity that threatens safety and security in the region, such as marine
terrorism, environmental crimes, human trafficking and Illegal, unreported and unregulated fishing.
National focal points for the code, which was adopted under the auspices of the IMO in 2009, have
adopted a resolution expressing concern at the increasing risks from transnational organized crimes
at sea and other threats to maritime safety and security in the region. They agreed to encourage
information sharing on all illicit activities at sea.

Training and other capacity-building activities implemented under the auspices of the Djibouti Code
of Conduct have been credited with contributing to the reduction of piracy in the Western Indian
Ocean and the Gulf of Aden, alongside the efforts of merchant ships to implement IMO guidance and
best management practices, naval forces continuing to deter and disrupt pirate activities and States
continuing to prosecute suspected pirates and increasing their maritime law-enforcement
capabilities.

But the focal points recognized that piracy in the region has merely been suppressed and its root
causes have yet to be addressed. They agreed that, nonetheless, there is now a window of
opportunity for IMO Member States in the region to implement capacity-building programmes to
prevent a resurgence of piracy and to address wider maritime security issues, as a basis for
sustainable development of the maritime sector

International Maritime Bureau

The ICC International Maritime Bureau (IMB) is a specialised division of the International Chamber Of
Commerce (ICC). The IMB is a non-profit making organisation, established in 1981 to act as a focal point in the
fight against all types of maritime crime and malpractice. The International Maritime Organization (IMO) in it’s
resolution A 504 (XII) (5) and (9) adopted on 20 November 1981, has inter alia, urged governments, all
interests and organisations to cooperate and exchange information with each other and the IMB with a view to
maintaining and developing a co-ordinated action in combating maritime fraud. The IMB has a MOU with the
World Customs Organization (WCO) and has observer status with Interpol (ICPO).

IMB’s main task is to protect the integrity of international trade by seeking out fraud and malpractice. For over
25 years, it has used industry knowledge, experience and access to a large number of well-placed contacts
around the world to do this: identifying and investigating frauds, spotting new criminal methods and trends, and
highlighting other threats to trade.

The information gathered from sources and during investigations is provided to members in the form of timely
advice via a number of different communication routes. It lists the threats and explains how members can
reduce their vulnerability to them. Over the years, this approach has thwarted many attempted frauds and
saved the shipping and trading industry many millions of dollars.
The IMB provides an authentication service for trade finance documentation. It also investigates and reports on
a number of other topics, notably documentary credit fraud, charter party fraud, cargo theft, ship deviation and
ship finance fraud.

As well as helping to prevent crime, the IMB also has a duty to educate both the shipping community and a
wider audience that comprises just about every entity engaged in trade. To this end, the IMB runs a regular
series of courses and training programmes that have a wide-ranging syllabus and many proven benefits. It
also offers bespoke consultancy services in areas such as ship and port security.

One of the IMB’s principal areas of expertise is in the suppression of piracy. Concerned at the alarming growth
in the phenomenon, this led to the creation of the IMB Piracy Reporting Centre in 1992. The Centre is based
in Kuala Lumpur, Malaysia. It maintains a round-the-clock watch on the world’s shipping lanes, reporting pirate
attacks to local law enforcement and issuing warnings about piracy hotspots to shipping.

With its multi-lingual and multi-disciplined staff, experience, unique structure, industry support and well-placed
contacts, the IMB can rightly claim to be the world’s premier independent crime-fighting watchdog for
international trade.

The Regional Cooperation Agreement on Combating Piracy and Armed Robbery

against Ships in Asia (ReCAAP) is the first regional government-to-government
agreement to promote and enhance cooperation against piracy and armed
robbery against ships in Asia.

The ReCAAP Agreement was launched in November 2006 with14 Asian

Contracting Parties including North, Southeast, and South Asian countries. It has
20 Contracting Parties today, including Europe (Norway, the Netherlands,
Denmark, and the United Kingdom), Australia, and the United States.

The ReCAAP Information Sharing Centre (ReCAAP ISC) was established in

Singapore on November 29, 2006.

At the 12th Governing Council Meeting in 2018, the Council announced that
ReCAAP ISC has met the criteria to be a Centre of Excellence for information
sharing in combating piracy and armed robbery against ships at sea.

Q7) damage stability booklet and calculation

Damage stability booklet
The information provided in damage stability booklet can be divided into three parts

Damage control booklet (required for all type of ships)

Damage stability calculation (required for tankers)
Damage control plan (required for all type of ships)
Sometime you may find all this as one booklet called “damage stability booklet”. And on some ships, you may
find three different booklets titled as above.
Let us discuss what information each of these provides.

1) Damage control Plan

Damage control plan is required as per SOLAS chapter II-1/Regulation 19.

As per this regulation

A plan showing clearly for each deck and hold the boundaries of the watertight compartments, the opening
therein with means of closing and position of any control thereof, and arrangement for the correction of any
list due to flooding.

In simple words, the plan needs to show the

layout of all the compartments such as cargo tanks, ballast tanks, fuel tanks etc.
means of closer such as valves, watertight bulkheads, hatches or cargo tank domes and its position
arrangement for correction of the list during flooding. Such arrangement could be the use of ballast pumps,
Fire & GS pumps. In this case, location & capacities of these pumps need to be shown on the plan.
The more detailed guidelines about the information required in the damage control plan are provided in MSC
circular MSC.1/Circ 1245.

Damage control plan is required to shows the location and other details about resources required for damage
control.

For example during flooding into a compartment, we would like to check the air pipes if air is coming out from
these. Damage control plan gives the location and details of the air pipes of all compartments.

Air-Vent-damage-control-plan

It gives the location and details of all watertight (and weather tights) doors on the ship.

doors-damage-control-plan

Similarly, damage control plan gives the details of Tanks, Hatches or other compartments on ships.

hatch damage control plan

It gives the type and location of important valves that can help in damage control or help in restricting the
flooding.

valves damage control plan

And finally, it also provides the information (like capacity) and location of pumps (such as Fire and GS pump,
ballast pump etc) that can be used for pumping out the water during flooding.

pump damage control plan

Apart from all this information, the location of these will be displayed on the ship’s plan.
damage-control-plan-DIAGRAM

2) Damage control booklet

The name says it all. This booklet gives the information to the master about how to control the effect of
damage.

Damage control booklet is also required as per SOLAS chapter II-1/Regulation 19.

The information required in the damage control booklet is contained in the MSC circular MSC.1/Circ.1245.

As per SOLAS chapter II-1/19, damage control booklet need to have all the information as per damage control
plan. To comply with this, usually, a copy of damage control plan will be included in the damage control
booklet.

Apart from this, damage control booklet is supposed to provide information and guidance to the master
about actions to take in case of damage to the ship.

These specific actions may include

Sounding of alarms to alert the crew

the closing of all watertight doors and compartments
Sounding of tanks to check where the water is flooding and with what rate
ways to reduce the effect of flooding such as by use of pumps to pump out water.
Along with this information, some ship’s damage control booklet may also provide a flow chart to deal with
damage situations. Below is one of such flowchart.

Damage-control-plan-flow chart

Rest of the damage control booklet will consist of the information and guidance to support required actions
as per this flowchart.

For example, one of the action requires the vessel to monitor tank sounding. Damage control booklet will
have one section with the ready format for recording tank soundings.

Sounding-table-damage-control-plan

Another action requires the vessel to report the damage situation to the necessary organization such as
‘Emergency response service”. For this damage control plan will also provide a ready format for such
reporting.

3) Damage stability calculations

Damage stability calculations demonstrate the compliance with the applicable damage stability regulation.

These are the calculations made during the design stage of the ship and verified after the construction.

For example, oil tankers need to comply with damage stability requirements as per MARPOL Annex I,
regulation 28.
Damage stability requirements for oil tankers are based on Damage assumptions, meaning that extent of
damage is assumed at locations as mentioned in Marpol Annex I, Reg 28.

damage-assumption-Marpol-1-reg-28

Damage cases are drawn based on these damage assumptions. For example below are the damage cases for a
ship.

damage-cases-damage-stability-booklet

These damages are then assumed for all the loaded conditions mentioned in ship’s trim & stability book
(intact stability conditions).

The damage cases are not applied to the ballast conditions because the damage stability requirements apply
to the tankers in loaded condition only.

For this ship below are the loaded conditions in the intact stability booklet.

intact-loading-conditions

Let us take damage case 101. This damage case requires assuming damage to 6 compartments.

In each of the intact loading condition, these damages need to be assumed.

After these assumed damages, the ship needs to comply with damage stability requirements mentioned in
MARPOL Annex I, Reg 28.

As per Marpol Annex I, reg 28…

damage-stability-requirements-MARPOL

And for damage case 101, we will have a total of 9 damage stability conditions, each for one loading
conditions. Let us name these conditions as

Condition 13/ Damage 101

Condition 14/ Damage 101
Condition 15/ Damage 101
Condition 16/ Damage 101
Condition 17/ Damage 101
Condition 18/ Damage 101
Condition 19/ Damage 101
Condition 20/ Damage 101
Condition 21/ Damage 101
Each damage case will have 9 damage stability conditions. For this ship, there are a total of 21 damage cases
and total 9 intact loaded conditions.
The damage stability calculations need to be done for total 189 conditions.

The damage stability calculations need to be done for total 189 conditions.

And the end results of these calculations are supposed to comply with the damage stability criteria as per
MARPOl Annex I, reg 28.

These calculations form the part of booklet “Damage stability calculations”.

4) Damage Stability Information

SOLAS Chapter II-1/Reg 19.5 requires that

damage stability information shall provide the master with a simple and easily understandable way of
assessing the ship’s survivability in all damage cases involving a compartment or group of compartments.

What does this mean?

Let me explain.

Damage stability calculations showed that ship will comply with damage stability requirements when damage
cases are applied to the pre-defined intact loading conditions.

But in reality, our actual loading conditions during the voyages may be totally different from that in intact
stability condition.

Our actual loading may not match with any of the loading conditions in the stability booklet.

This SOLAS regulation requires clear and easy instructions to be given to check if our actual condition
complies with the damage stability requirements.

These instructions are usually in form of a graph (or table) of Draft versus minimum GM (or maximum KG).
There may be a different graph for the different trim of the vessel.

Minimum-GM-curve-damage-stability

This information will form the part of either “Damage stability calculations” or “damage control booklet”.

If the vessel has a single “Damage stability booklet”, you will find this information in there.

5) Emergency Response service

MARPOL Annex 1/Reg 37.4 requires that

All oil tankers of 5000 T deadweight or more shall have prompt access to computerized shore-based damage
stability and residual structural strength calculation programs.

In the real world, this program is usually named as “emergency response service” and is provided by
classification societies.
emergency-response-service

Though this is mandatory for oil tankers, ship owners prefer this service for other types of vessels too,
especially on container ships.

This service provides an emergency helpline number and email.

In case of a damage and breach of hull plating, the master can call this number and update regarding the
incident.

Master then need to send the initial reports, loading condition before the damage and extent of damage by
email.

The service provider will advise

if the vessel will be able to sustain this damage

what specific action vessel can take to reduce the effect of damage.
There is something else that ERS can be used for.

It can be used for showing the compliance with the damage stability requirements. Some vessels still do not
have the facility in the loadicator to calculate damage stability.

If the vessel’s actual loading condition is not matching with any of the pre-defined loadicator conditions in the
intact stability booklet, this loading condition can be sent to the ERS.

They will check the loading condition and advise if it complies with the damage stability requirements.

This is considered to be one of the methods for checking the damage stability compliance.

In fact, if the condition is approved for compliance with the damage stability, same can be added to the list of
approved damage stability conditions.

6) Loadicator with damage stability

MARPOL Annex I regulation 28.6 requires the oil tankers to be fitted with loadicator capable of calculating
damage stability compliance.

MARPOL-Annex-I,-Regulation-28.6

The loadicator if fitted with damage stability can check compliance with all the damage cases identified as per
MARPOL or other regulations for other types of ships.

To check the damage stability compliance on the Meca Loadicator, go to calculations -> Stability -> Damage
stability

Loadicator_damage_stability

It will show all the damage cases identified in the damage stability booklet.
loadicator cases damage

Click on the “Pre-determined” to check if the ship complies with the damage stability requirements.

damage_stability_on_loadicator

Conclusion
A seafarer may or may not go through any incident requiring the use of damage stability on board.

But we need to be prepared for the worst.

Knowledge of damage stability can help to take quick decisions at times when each minute matters.

Knowing about damage stability does not mean knowing the complex calculations. It is to know the exact
actions in case of damage and knowing about the resources on board that would help in these actions.

Damage stability calculations, damage control plan/booklet, emergency response service and loadicator are
the resources that we must know about.

JAN 2019
1b) IACS AND CLASSIFICATION
IACS (International Society of Classification Societies)
Dedicated to safe ships and clean seas, IACS makes a unique contribution to maritime safety
and regulation through technical support, compliance verification and research and
development. More than 90% of the world's cargo carrying tonnage is covered by the
classification design, construction and through-life compliance Rules and standards set by the
ten Member Societies and one Associate of IACS.
The 10 members of IACS are: ABS, BV, CCS, DNV, GL, KR, LR, NK, RINA, and RS
IACS common structural rules
On 14 December 2005 the Common Structural Rules (CSR) for Tankers and Bulk Carriers
were unanimously adopted by the IACS Council for implementation on 1 April 2006. The
Council was satisfied that the new rules have been based on sound technical grounds, and
achieve the goals of more robust and safer ships..

Q2a) MASTER’S DUTY AS PER MSA ON COLLISION

(d). In every case of collision between two vessels, it is the duty of the master if and so far as
he can do without danger to his own vessel, crew or passengers:
O To render to the other vessel and its compliment such assistance as may be practical
and necessary to save them from danger caused by the collision, and to stay by the
other vessel until he has ascertained that she has no need of further assistance
O To give the master of the other vessel the name of his own vessel and of the port to
which she belongs, and the names of the ports from which she has come and to which
she is bound
O To make an official log book entry, which is to be signed additionally by the Mate and
one member of the crew
O The Master or the owner shall, within 24 hours after happening of the incident, transmit
to the central government or the nearest principal officer a report of the accident and of
the probable causes thereof stating the name of the ship, her official number, her port of
registry and the place where she is.
If the master fails without reasonable cause to comply with the above he is guilty of an offence
and liable to conviction on indictment to a fine and imprisonment. Further, in the case of
failure to exchange names, ports etc liable on conviction on indictment to a fine and on
summery conviction to a fine not exceeding the statutory maximum, and in either case if he is a
certified officer, and inquiry into his conduct may be held, and his certificate cancelled or
suspended.
It is emphasized that the master’s statutory duties in case of collision must be carried out
whatever the circumstances of the collision may be. Even if one of the colliding ships is at
anchor or moored to a pier, the provisions of the Act shall apply.

Q2b) Inward clearing

On Arrival - Free pratique
Port health clearance procedures are regulated under the International health regulation. Ships
on being declared a healthy ship to can proceed to berth after getting free pratique. The
declaration of a free pratique being granted by either informing the port by radio or by hoisting
the ‘Q’ flag.
A ship is not declared to be healthy due to any of the following reasons:
O Death of persons onboard
O Illness on board
O Suffering an infectious disease
O Circumstances causing spread of disease
O Animals on board – death or sickness amongst them
O Such occurrences occurred on board last 28 days
In such a case, the ship should inform port control 12 hrs prior arrival or 4 hrs prior E.T.A., if
not possible then on arrival.
Arrival procedure (documents)
O International health regulations – WHO
O International health organisation regulates port health procedures. Most countries
implement these in national regulations.
O Health clearance is called a free pratique. It literally means permission to disembark
and commence cargo operations. Health clearance is required if there has been on board
during the previous 28 days any of the occurrences which the master is required to
report.
O If no such occurrences are there then the Port health officer will generally give free
pratique.
O Also under this regulation every ship must carry an International Ship Sanitation
Certificate an exemption certificate as appropriate.
O These certificates are issued by the port health authority and are valid for 6 months.
Furthermore, a certificate of vaccination against yellow fever is the only other certificate now
required under these regulations for international travel, especially for African countries. Every
seafarer should have this international vaccination certificate for yellow fever.
With regard to conforming to the health regulations, the Master to complete maritime
declaration of health form.
General declaration
O Name and description of ship
O Nationality of ship
O Particulars regarding registry
O Name of master
O Name and address of ship’s agent
O Brief description of the cargo
O Number of crew
O Number of passengers
O Brief particulars of voyage
O Date and time of arrival, or date of departure
O Port of arrival or departure. Position of the ship in port
Documents required on arrival
O 5 copies of general declaration
O 4 copies of cargo declaration
O 4 copies of ship’s store declaration
O 2 copies of crew’s effect declaration
O 4 copies of the crew list
O 4 copies of the passengers list
O 1 copy of the maritime declaration of health
O Port clearance from Last Port
O Declaration of security measures as per ISPS requirements
Cargo declaration - On arrival
O Name and nationality of the ship
O Name of the master
O Port arrived from
O Port where report is made
O Marks and numbers: number and kind of packages: quality and description of the goods
O Bill of lading numbers for cargo to be discharged at the port in question
O Ports at which cargo remaining on board will be discharged
O Original ports of shipment in respect of goods shipped on through bills of lading

Q3a)
SCOPIC CLAUSE
SCOPIC is designed to remedy the practical and legal defects of art. 14, by providing a simple formula for
calculating special compensation, motivating conduct by creating incentives and disincentives and providing
security to the salvors.
Apportionment between salvors - Article 15
1. The apportionment of a reward under article 13 between salvors shall be made on the basis of the criteria
contained in that article.
2. The apportionment between the owner, master and other persons in the service of each salving vessel shall
be determined by the law of the flag of that vessel. If the salvage has not been carried out from a vessel, the
apportionment shall be determined by the law governing the contract between the salvor and his
servants.
Problem areas - special compensation Art 14
Ø Art. 14 comes into effect only in respect of salvage operations of a vessel which by itself or its cargo
threatened damage to environment. SCOPIC can be invoked regardless of whether or not threat of damage to
environment.
Ø Salvors expenses had been defined as out of pocket expenses reasonably incurred by salvor and a fair rate
for equipment and personnel actually and reasonably used. However the term “fair rate” is vague and is not
defined as a “fair rate of expenditure” or a “fair rate of remuneration” (which includes margin of profit).
Ø The “increase” or “up lift” in respect of special compensation was from 0% to 100% of the expenses. This
leads to a lot of uncertainty.
Ø As per SCOPIC – bonus is as follows:
o If actual cost more than tariff, then actual cost +10% or tariff rate + 25% of tariff rate; whichever is greater .
The ancient salvage principle of “no cure – no pay” became a problem in the second half of the 20thCentury
as the transportation of oil increased and we discovered the extent of the damage pollution could cause. The
salvage of such tankers was usually expensive to carry out and the residual value low,making many operations
uneconomic, but all too often the problem was exacerbated by government intervention preventing the
completion of the service by a refusal to grant a place of refuge. This meant „no cure‟ was effected, which in
turn meant „no pay‟ – despite any high salving expense. To encourage the salvor to go to the assistance of
such ships the 1989 Salvage Convention ameliorated the harshness of this age old „no cure – no pay‟
principal, by introducing in Article 14, a new concept – Special Compensation. Article 14 was designed to
apply whenever salvors went to the assistance of ships that threatened damage to the
environment within coastal waters. In such circumstance the salvor was to at least recover his expenses, and
perhaps an uplift of up to 100% of those expenses, if he actually prevented damage. However such
assessment was only to be paid to the extent that it exceeded the traditional salvage award. In short it
was a safety net, one that that ensured he did not actually lose money. Article 14 was well–intentioned but in
practice it turned out to be cumbersome, contentious and expensive to operate and had the wholly
unintended consequence of discouraging salvors from attending casualties where there was
the threat of environmental damage. Traditional salvage awards were always paid by property underwriters
(ship and cargo) but under Article 14 it was the liability insurers, the P&I Clubs, who were to pay
compensation. They were also unhappy with the new provisions which involved them in salvage for the first
time.
In response to the problems, the shipping industry worked cooperatively to devise the SCOPIC clause – the
“Special Compensation P and I Club” Clause, which was specifically designed to replace, and have the same
effect, as Article 14, but avoid the legal problems that the assessment of Special Compensation under Article
14 caused. SCOPIC is a very large clause, one made up of 16 sub-clauses, three Appendices and two codes of
conduct. While effective, it is not easy to digest.
Due to its complexity there are many misunderstandings about SCOPIC. One is that it is part of every Lloyd‟s
Open Form (LOF) salvage contract. It is not. It is an optional addendum which is only included into a LOF if the
parties specifically record on the contract that SCOPIC is incorporated. If SCOPIC is not incorporated
then Article 14 will apply if relevant. If SCOPIC is incorporated then it replaces Article 14 which will no longer
apply. This is a crucial point for the salvor, for if SCOPIC is included but not invoked (or is later terminated), the
salvor will not be covered by either Article 14 or SCOPIC. If the parties do incorporate SCOPIC, its
financial provisions will only kick-in if the salvor specifically invokes the clause in writing. He has the power to
do so at any time and in any circumstances. The idea behind giving this power to the salvor is to avoid the
difficulty of trying to codify the variables around the definition of a “threat of damage to the environment”.
However, the point is not given away, for that objective is still achieved by two other provisions in the clause
to which I will later refer – discount and termination of the SCOPIC agreement. It was recognised that a
balance needed to be introduced so as to prevent salvors from invoking the clause every time. Firstly there is
a mechanism to give a discount if the traditional salvage award should exceed the SCOPIC remuneration
(which is discussed later).
Secondly the ship owner is given the right to withdraw from SCOPIC at any time with five days notice provided
shore authorities permit it to do so. The thinking behind this was that the shore authorities would not agree if
there was still a threat of damage to the environment. Both measures discourage a salvor from
invoking the clause unless there is a real need for its protection.
SCOPIC remuneration that a salvor receives for a service is paid by the ship owner or his P&I insurer but only
the sum that is over and above the traditional salvage award made against salved property under Article 13 of
the Salvage Convention. The ship owner or his insurers must pay $3 million in security within two days of the
clause being invoked. The remuneration due is assessed by reference to an agreed tariff for day rates for
equipment and personnel. The rates apply throughout the world and will thus be more generous to some
than to others but as SCOPIC is a safety net, rough justice was considered sufficient.
Under Article 14 salvors were entitled to a bonus whenever they actually prevented damage to the
environment. There were expensive legal difficulties in establishing the extent of the bonus in individual cases
so SCOPIC decided to take a broad brush and provide for a bonus in every case. Under Article 14 the uplift
averaged out at 26%. To keep matters simple it was agreed that in SCOPIC such an uplift should be 25%
of the tariff rate remuneration – it is accepted that in some circumstances this may be a “generous” bonus
and in others less so. Given this seemingly favourable framework, what is to stop salvors invoking
SCOPIC in every case? It would seem they have nothing to lose by doing so. To prevent this there is a clever
mechanism. If the traditional salvage award is higher than the assessed SCOPIC remuneration then not only is
no SCOPIC award payable but the traditional property based award is reduced by 25% of the difference
between it and the SCOPIC remuneration. So, for example, in a case where SCOPIC has been invoked and the
assessed SCOPIC remuneration is $1 million and the property based salvageaward was $1.5 million then no
SCOPIC money would be paid and the Article 13 award would be reduced to $1.35 million (25% x $0.5 million
= $125,000). This mechanism has been effective in preventing the salvors from over using SCOPIC– it is only
invoked in some 30% of cases. The owner may not escape from the LOF contract once it is signed but is
entitled to terminate the SCOPIC clause on giving five days notice if the shore based authorities permit it. This
is unlikely if there is actually a threat to the environment. However the salvor may withdraw from the entire
LOF contract if SCOPIC is withdrawn by the owner and the salvage operation is no longer financially viable.
One of the key features of SCOPIC is that the owner may appoint a Special Casualty Representative (SCR) who
attends the casualty and reports on activity. The salvage master retains full control of the operation but the
SCR‟s voice is influential. If he does not agree with the salvage master‟s daily report the SCR must send a
dissenting report. The presence of the SCR ensures that the owners and their insurers are kept fully informed
and comforted and may keep a tally of costs as they build up. The SCOPIC clause is not perfect but it is an
excellent replacement for Article 14. However, it should be recognised that it is only a safety net, one to
ensure a minimum payment in difficult cases thereby ameliorating the harsh salvage principle of “no cure no
pay”. It is not a method of remuneration. In recent times, environmental issues have dominated almost every
salvage operation leading salvors to claim they should be entitled to be properly remunerated on salvage
terms by a separate environmental award whenever they have minimised or prevented damage to the
environment. But that‟s another story.

3b) CLC/IOPC (FUND)//Supplementry fund

The 1992 Civil Liability Convention (1992 CLC) governs the liability of shipowners
for oil pollution damage.
Under this Convention, the registered shipowner has strict liability for pollution
damage caused by the escape or discharge of persistent oil from his ship. This
means that he is liable even in the absence of fault on his part. He is exempt from
liability only if he proves that:
 the damage resulted from an act of war, hostilities, civil war, insurrection or
a natural phenomenon of an exceptional, inevitable and irresistible
character, or
 the damage was wholly caused by an act or omission done with the intent
to cause damage by a third party, or
  the damage was wholly caused by the negligence or other wrongful act of
any Government or other authority responsible for the maintenance of lights
or other navigational aids, in the exercise of that function.

The shipowner is normally entitled to limit his liability to an amount determined by the size of the ship, as set
out in the following table.

SHIP'S TONNAGE CLC LIMIT

Ship not exceeding 5 000 units of 4 510 000 SDR *

gross tonnage

Ship between 5 000 and 140 000 4 510 000 SDR plus 631 SDR for each additional unit of tonnage
units of gross tonnage

Ship 140 000 units of gross 89 770 000 SDR

tonnage or over

For ships carrying more than 2 000 tonnes of oil as cargo in bulk, the shipowner is
obliged to maintain insurance to cover his liability under the 1992 CLC, and
claimants have a right of direct action against the insurer. Any claims for pollution
damage under the 1992 CLC can be made only against the registered owner of
the ship concerned. This does not, in principle, preclude victims from claiming
compensation outside the Conventions from persons other than the shipowner.
However, the 1992 CLC prohibits claims against the servants or agents of the
shipowner, the members of the crew, the pilot, the charterer (including a bareboat
charterer), manager or operator of the ship, or any person carrying out salvage
operations or taking preventive measures, unless the pollution damage resulted
from the personal act or omission of the person concerned, committed with the
intent to cause such damage, or recklessly and with knowledge that such damage
would probably result.
* The unit of account in the Conventions is the Special Drawing Right (SDR) as
defined by the International Monetary Fund.
The 1992 Fund Convention, which is supplementary to the 1992 CLC, establishes a regime
for compensating victims when compensation under the 1992 CLC is not available or is
inadequate. The International Oil Pollution Compensation Fund, 1992 (1992 Fund) was set
up under the 1992 Fund Convention.
The 1992 Fund pays compensation when:

o the damage exceeds the limit of the shipowner’s liability under the 1992 CLC,

o or the shipowner is exempt from liability under the 1992 CLC, or

o the shipowner is financially incapable of meeting his obligations in full under

the 1992 CLC and the insurance is insufficient to pay valid compensation
claims.

The maximum compensation payable by the 1992 Fund is 203 million SDR for incidents
occurring on or after 1 November 2003, irrespective of the size of the ship. For incidents
occurring before that date, the maximum amount payable is 135 million SDR. These
maximum amounts include the sums actually paid by the shipowner under the 1992 CLC.
The 1992 Fund is financed by contributions levied on any person who has received in one
calendar year more than 150 000 tonnes of crude oil and/or heavy fuel oil (contributing oil) in
a Member State of the 1992 Fund.

The Supplementary Fund

Protocol
The Supplementary Fund Protocol, which was adopted in 2003, entered into force in 2005,
thereby establishing the International Oil Pollution Compensation Supplementary Fund,
2003 (Supplementary Fund). The Supplementary Fund provides additional compensation
beyond the amount available under the 1992 Fund Convention in 1992 Fund Member States
which are also Parties to the Protocol. The total amount available for compensation for each
incident is 750 million SDR, including the amounts payable under the 1992 Conventions.
Annual contributions to the Supplementary Fund are made on the same basis as
contributions to the 1992 Fund. However, the contribution system for the Supplementary
Fund differs from that of the 1992 Fund in that, for the purpose of paying contributions, at
least 1 million tonnes of contributing oil are deemed to have been received each year in
each Member State.
 4a) Emergency maneuvers
4b) Towing
5a) stowaway
5b) Alcohol limit as per stcw
The new limit for blood is 0.05% or 50 milligram in 100
milliliters and the new limit for breath is 0.25
milligrams per liter of 25 micrograms in 100
milliliters.
The note seeks to explain how the regulation VIII/1, Code A-VIII/1 and B-VIII/1 of
the STCW Convention, as amended in June 2010 (the Manila amendments), which
brought in new provisions on fitness for duty – alcohol limits, applies to UK ships.

Any level of alcohol consumption by crew members onboard has implications for the
safety of the vessel, the crew and any passengers. Even small quantities of alcohol have
been shown to sufficiently impair judgment and increase the risk of accidents.

It is an offence for a professional seafarer to be impaired by

drink (or drugs) whilst on duty on board a ship or at any time on
board a vessel if they might be required to undertake emergency
duties to protect the safety of passengers.

Change in alcohol limits for seafarers

 Among the Manila amendments were provisions introducing mandatory
alcohol limits within STCW Regulation VIII/1 (Fitness for Duty) of 0.05% for blood and
0.25 mg/l for breath. The UK amended its existing alcohol limits, contained within
the Railways and Transport Safety Act 2003, to bring them into line with the Manila
amendments through the Merchant Shipping (Alcohol) (Prescribed Limits
Amendment) Regulations 2015. These apply to professional mariners on all UK-
flagged ships and to any ship operating in UK waters.

 The limits for alcohol in the blood prescribed in UK legislation are expressed
differently and the table below sets out the STCW and UK limits in both notations to
show how they correspond. Ships operating internationally will need to ensure that
they are aware of, and comply with, these limits.
 The Manila amendments also included a recommendation that all companies
should consider the implementation of a clearly written policy of drug and alcohol
abuse prevention including a prohibition on the consumption of alcohol four hours
prior to serving as a member of a watch. Guidance on introducing such policies has
been produced by the UK’s National Maritime Occupational Health and Safety
Committee.

CDC CANCELLATION AS PER MSA

Cancellation or suspension of a C.D.C.- (1) Where the Director General of Shipping is satisfied that
a seamen has committed a misconduct of a nature specified in section 190 of the Act or on a report received
by him, the Director General is satisfied that a seamen has deserted his ship in the circumstances
specified in section 192 or that he has been convicted of an offence of the nature referred to in sub-section
(2) of section 195 of the Act, he may direct to the shipping master that C.D.C. of such seaman shall be
cancelled, withheld or shall be suspended for a specified period.

(2) If a seamen lawfully engaged is guilty of an offence of committing any of the acts mentioned
in section 194 of the Act or is convicted of an offence under any other law for the time being in
force, the Director General may direct that C.D.C. of such seaman shall be cancelled or
withheld or suspended for such period as may be specified in the direction .

(3) If the Shipping Master has reasons to believe that the holder of a CDC granted under this rule has
obtained the same making a false or erroneous information, he may cancel or suspend such CDCs forthwith.

(4) Where the C.D.C. has been cancelled or suspended as above, the reasons for the same shall be
intimated to the person in writing to whom it is issued and a copy of the order of such cancellation or
suspension as the case may be shall be endorsed to all other Shipping Masters in India and the Director
General of Shipping
(5) Before cancellation or suspension or withholding the C.D.C., as the case may be, the
C.D.C. holder shall be given an opportunity to represent his case before the Shipping Master. The
Shipping Master shall also intimate the reasons of cancellation or suspension or withholding, as the case
may be, to the C.D.C. holders if the same is decided upon.

Q6 a-psc

Q6b- ism//ilo//imo

Q7a) dd prep

Q7b)SEEMP and EEDI

EEDI & SEEMP

The Energy Efficiency Design Index (EEDI) was made mandatory for new ships and the
Ship Energy Efficiency Management Plan (SEEMP) for all ships at MEPC 62 (July 2011)
with the adoption of amendments to MARPOL Annex VI (resolution MEPC.203(62)), by
Parties to MARPOL Annex VI.
This was the first legally binding climate change treaty to be adopted since the Kyoto
Protocol. Since this breakthrough MEPC 63 (March 2012) adopted four important
guidelines (resolutions MEPC.212(63), MEPC.213(63), MEPC.214(63) and
MEPC.215(63)) aimed at assisting the implementation of the mandatory regulations on
Energy Efficiency for Ships in MARPOL Annex VI.
Energy Efficiency Design Index

The EEDI for new ships is the most important technical measure and it aims at
promoting the use of more energy efficient (less polluting) equipment and engines. The
EEDI requires a minimum energy efficiency level per capacity mile (e.g. tonne mile) for
different ship type and size segments. From 1 January 2013, following an initial two
year phase zero when new ship design will need to meet the reference level for their
ship type, the level is to be tightened incrementally every five years, and so the EEDI is
expected to stimulate continued innovation and technical development of all the
components influencing the fuel efficiency of a ship from its design phase. The EEDI is
a non-prescriptive, performance-based mechanism that leaves the choice of
technologies to use in a specific ship design to the industry. As long as the required
energy efficiency level is attained, ship designers and builders are free to use the most
cost-efficient solutions for the ship to comply with the regulations. The EEDI provides a
specific figure for an individual ship design, expressed in grams of carbon dioxide (CO2)
per ship’s capacity-mile (the smaller the EEDI the more energy efficient ship design)
and is calculated by a formula based on the technical design parameters for a given
ship.

The CO2 reduction level (grams of CO2 per tonne mile) for the first phase is set to 10%
and will be tightened every five years to keep pace with technological developments of
new efficiency and reduction measures. Reduction rates have been established until
the period 2025 to 2030 when a 30% reduction is mandated for applicable ship types
calculated from a reference line representing the average efficiency for ships built
between 2000 and 2010. The EEDI is developed for the largest and most energy
intensive segments of the world merchant fleet and will embrace 72% of emissions
from new ships covering the following ship types: oil tankers, bulk carriers, gas carriers,
general cargo, container ships, refrigerated cargo and combination carriers. For ship
types not covered by the current formula, suitable formulas are expected to be
developed in the future addressing the largest emitters first.

Ship Energy Efficiency Management Plan and Energy Efficiency Operational

Indicator

The Ship Energy Efficiency Management Plan (SEEMP) is an operational measure that
establishes a mechanism to improve the energy efficiency of a ship in a cost-effective
manner. The SEEMP also provides an approach for shipping companies to manage ship
and fleet efficiency performance over time using, for example, the Energy Efficiency
Operational Indicator (EEOI) as a monitoring tool. The guidance on the development of
the SEEMP for new and existing ships incorporates best practices for fuel efficient ship
operation, as well as guidelines for voluntary use of the EEOI for new and existing ships
(MEPC.1/Circ.684). The EEOI enables operators to measure the fuel efficiency of a ship
in operation and to gauge the effect of any changes in operation, e.g. improved voyage
planning or more frequent propeller cleaning, or introduction of technical measures
such as waste heat recovery systems or a new propeller. The SEEMP urges the ship
owner and operator at each stage of the plan to consider new technologies and
practices when seeking to optimise the performance of a ship.

2012 Guidelines on Technical and Operational Measures

Further to the adoption of a global energy standard at MEPC 62 (July 2011), MEPC 63
(March 2012) adopted four sets of important guidelines to assist in the implementation
of the mandatory regulations on Energy Efficiency for Ships in MARPOL Annex VI:

2012 Guidelines on the method of calculation of the attained Energy Efficiency

Design Index (EEDI) for new ships, resolution MEPC.212(63);
2012 Guidelines for the development of a Ship Energy Efficiency Management Plan
(SEEMP), resolution MEPC.213(63);
2012 Guidelines on survey and certification of the Energy Efficiency Design Index
(EEDI), resolution MEPC.214(63); and
Guidelines for calculation of reference lines for use with the Energy Efficiency
Design Index (EEDI), resolution MEPC.215(63).

Finalization and adoption of the supporting guidelines was a significant achievement

which provides sufficient lead time for Administrations and industry to prepare. The
guidelines will support Member States in their uniform implementation of the new
chapter 4 of MARPOL Annex VI Regulations for the prevention of air pollution from
ships.

An updated work plan for the development of further guidelines and the development of
energy efficiency frameworks for those ships not covered by the current EEDI
regulations was also agreed at MEPC 63.

Background and further information

In accordance with the MEPC 55 work plan (October 2009), MEPC 59
(July 2009) agreed to a package of technical and operational measures to improve
energy efficiency and reduce GHG emissions from international shipping: Energy
Efficiency Design Index for new ships (EEDI), Ship Energy Efficiency Management Plan
(SEEMP) and Energy Efficiency Operational Indicator (EEOI).

Amendments to MARPOL Annex VI were adopted by Parties to MARPOL

Annex VI during MEPC 62 in July 2011 (resolution MEPC.203(62)), adding a new
chapter 4 to Annex VI on Regulations on energy efficiency for ships to make mandatory
the EEDI for new ships, and the SEEMP for all ships. The regulations apply to all ships
of 400 gross tonnage and above and are expected to enter into force on 1 January
2013. However, under regulation 19, an Administration may waive the requirement for
new ships of 400 gross tonnage and above from complying with the EEDI
requirements. This waiver may not be applied to ships above 400 gross tonnage for
which the building contract is placed four years after the entry into force date of
chapter 4. The amendments to MARPOL Annex VI represent the first ever mandatory
global GHG regime for an international industry sector or transport mode.

The adoption by IMO of mandatory reduction measures for all ships from 2013 and
onwards will lead to significant emission reductions and also a striking cost saving for
the shipping industry. By 2020, up to 180 million tonnes of annual CO2 reductions are
estimated from the introduction of the EEDI for new ships and the SEEMP for all ships in
operation, a figure that, by 2030, will increase to
390 million tonnes of CO2 annually. In other words, the reductions will in 2020 be
between 9 and 16%, and by 2030 between 17 and 25% compared with business as
usual. The reduction measures will also result in a significant saving in fuel costs to the
shipping industry, although these savings require deeper investments in more efficient
ships and more sophisticated technologies than the business as usual scenario. The
annual fuel cost saving estimates states a staggering figure of $34 to 60 billion by
2020, and even more astonishing $85 – 150 billion by 2030.

The new chapter also includes a regulation on Promotion of technical co-operation and
transfer of technology relating to the improvement of energy efficiency of ships, which
requires Administrations, in co-operation with IMO and other international bodies, to
promote and provide, as appropriate, support directly or through IMO to States,
especially developing States, that request technical assistance. It also requires the
Administration of a Party to co-operate actively with other Parties, subject to its
national laws, regulations and policies, to promote the development and transfer of
technology and exchange of information to States, which request technical assistance,
particularly developing States, in respect of the implementation of measures to fulfil the
requirements of chapter 4.

Model Course for energy efficient operation ships

IMO, together with the World Maritime University (WMU) have been developing a model
course on SEEMP promoting the energy efficient operation of ships. The first draft of
the model course was submitted to MEPC 62. It provides general background on the
climate change issue and IMO’s related work and aims at building the different
operational and technical tools into a manageable course programme, which will
promulgate best practice throughout all sectors of the industry. The Course will help
create benchmarks against which operators can assess their own performance. The
purpose of the IMO model courses is to assist training providers and their teaching staff
in organizing and introducing new training courses, or in enhancing, updating or
supplementing existing training material, so that the quality and effectiveness of the
training courses may thereby be improved.

MEPC 62 agreed that the draft model course was an excellent start to providing a
structured training course but that it required more work. MEPC 63 recognized that the
draft model course had been further developed to include some tutorial examples, but
further work was needed to align it with the 2012 guidelines adopted at this session.
source: www.imo.org

EEDI (Energy efficiency design index)

With the concept of EEDI, the aim of the IMO is to have the ships fitted
with engines and equipments that are less polluting.
EEDI is the measure of the amount of CO2 emitted by the ship per capacity
mile (tonne-mile).
Let me explain the term “tonne-mile”, just in case you have not heard it
before.
Tonne-mile is the unit of work done by a ship.
Let us say that a ship with deadweight 20000 T travels 2 NM. It has done
40000 tonne-mile of work.
Now coming back to EEDI.
EEDI is the amount of CO2 emitted by the ship (in grams) per tonne-mile of
work.

As the name suggests, EEDI is the tool that is used during the design or
construction stage of the vessel.
If the ships need to be energy efficient as desired by IMO, IMO need to
provide two things
The maximum value of EEDI required for the ship (Required EEDI)
The actual value of EEDI attained for the ship (Attained EEDI)
Required EEDI
MARPOL Annex VI, Chapter 4, Regulation 21 provides the formula for the
required EEDI.
As per this regulation
As you can see from the formula, there are two key terms used
Reference line value
Reduction factor
Understanding the calculation of reference line value is complex.
But if you wish to understand how the reference line value is calculated,
you can go through the Resolution MEPC. 231(65): 2013
guidelines for calculation of reference lines for use with the
energy efficiency design index.
In brief, the reference line value is the function of
Deadweight of the ship
Type of ship
Over the period of time, IMO wants to reduce the required EEDI value for
the ships so that in future the ship’s engines are even more energy
efficient.
For this, the regulation uses the “reduction factor” in the calculation of the
required EEDI in different phases.
We are now in phase 1. This means that for any ship built today, the
required EEDI value will be 10% less than the reference line value (required
EEDI value in phase 0).

Attained EEDI
We know what is required from the vessel (required EEDI) with respect to
the energy efficiency.
We now need to know the actual EEDI value (Attained EEDI) of the ship.
And when we have that value, the attained EEDI need to be less than the
required EEDI.
Again the formula and process to calculate the attained EEDI are complex
and we do not need to go in that direction in this blog.
But if you are interested to know about it you can go through the
resolution MEPC.245(66) IMO Guidelines on the calculation of
attained EEDI.
Here are few factors on which the actual EEDI value of the ship (attained
EEDI) would depend upon.
1. Specific fuel consumption of engines
For producing the same amount of power, if an engine uses less fuel it
would be more energy efficient as it would emit less CO2 too.
Specific fuel consumption is the measure of fuel consumed for generating a
unit of power.
So attained EEDI would depend upon the specific Fuel consumption of
ship’s engines.
2. Type of fuel used
If the engines and other equipments work on fuel that produces less CO2,
the vessel will be more energy efficient and will have lower attained EEDI
value.
3. The speed of the ship
If the ship makes more speed with the same amount of engine power, the
ship will be more energy efficient.
Higher ship’s speeds mean lesser attained EEDI value.
4. Deadweight of the vessel
5. Innovative mechanical energy efficient technology
used
If the ship uses some innovative technology that reduces the wastage of
the mechanical energy produced or that increases the efficiency of the
engines, the ship would be more energy efficient and hence will contribute
towards lesser attained EEDI value.
Above are only few factors and calculation of attained EEDI uses many
other factors.
EEDI technical file
If we need to calculate the EEDI value for the engines fitted on board, many
parameters related to these engines would be required.
All these parameters are provided in a booklet called “EEDI technical
file“.
Marpol Annex VI, chapter 4 requires that each new ship for which chapter
4 is applicable need to be provided with EEDI technical file.

EEDI technical file is first created during the design stage of the
vessel. During the design stage, a model test is done and the EEDI is
computed on the basis of that.
A verifier (usually classification society on behalf of the flag) witnesses the
model test, verifies the EEDI computation and reviews the initial EEDI
technical file.
During actual sea trials, the actual parameters are measured and EEDI
technical file is revised if required.
The attained EEDI value is also calculated based on this revised EEDI
technical file.
Ship energy efficiency management plan
EEDI deals with the hardware part of the energy efficiency.
With the concept of EEDI, the new ships will now have energy efficient
equipments that would generate lesser CO2 to the environment.
But having the good equipments is not the only way to be energy efficient.
There are many ways that are related to “how we operate the
equipments and not on “What equipments we have”.
For example, it is more energy efficient to run two auxiliary engines at
higher loads than run three auxiliary engines at lower loads.
Or it may be more energy efficient to take longer but good weather route
than to take shorter but bad weather route.
There could be hundreds of good practices that can save fuel and thus emit
less CO2 to the environment in transporting the same amount of cargo to
the same distance.
SEEMP is the plan of all such practices that can be performed to
achieve better energy efficiency.
Ship energy efficiency management plan (SEEMP) is a ship specific plan that
provides a mechanism to improve the energy efficiency of a ship in a cost-
effective manner.
SEEMP has been made mandatory for all ships as per Marpol Annex 4,
regulation 22.
MEPC 280(70) provides the guidelines on the development of ship
energy efficiency management plan.
SEEMP is divided into two parts.
The first parts list the ship specific measures that have been adopted by the
company to improve energy efficiency.
It also defines the responsible person for each adopted energy efficiency
measure.
Some of these measures could be…
Fuel efficient operations
SEEMP can provide the ship specific way in which the ship operations can
be carried out in a fuel-efficient way.
Weather routing system
SEEMP may suggest the master to take into account the guidance provided
by the weather routing services that the company has subscribed to.
Engine performance
A well-maintained engine would give optimum efficiency and save fuel.
SEEMP may suggest completing the PMS jobs of engines on time.
Boiler use management
The consumption of the auxiliary boiler is significant. By smartly managing
the use of boiler, a significant amount of fuel can be saved.
Some companies have preferred to install electric heaters for fuel heating
to further reduce the need for boiler and thus saving fuel.
SEEMP may provide the ship with specific ways to use the boiler efficiently.
Draft and trim optimization
With the same deadweight, a ship at different trim may consume a
different amount of fuel. Many companies conduct tests to get to know the
optimum draft and trim for each ship.
SEEMP can suggest the ship specific draft and trim to maintain (whenever
possible) for less fuel consumption.
Propeller and hull inspection/cleaning
A clean propeller and clean hull offer lesser resistance and thus better fuel
efficiency. SEEMP can include the plan for regular underwater hull
inspections and cleaning of hull and propeller.
NOV 2018

EXPLAIN Documentary credit system

The process of a documentary credit

1. The contract is made between the importer and the exporter.
2. The importer asks its bank to issue a documentary credit to the exporter.

3. The importer's bank sends the documentary credit to the exporter's bank (advising bank).

4. The exporter's bank advises the exporter of the issue of the documentary credit.

5. After dispatch of the goods, the exporter delivers the required documents to its bank. The
documents are examined against the terms and conditions stipulated in the documentary credit. If
the requirements have been complied with, the exporter will be able to obtain payment.

6. The exporter's bank sends the documents to the importer's bank and receives payment either at
sight or term.

7. The importer's bank delivers the documents to the importer upon reimbursement, after which the
goods may be handed over.
 Q2) masters duty as per MSA on collision// encountering dangers of navigation// Receiving distress

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

The master of an Indian ship on receiving at sea a signal of distress or information from any source
that a vessel or aircraft is in distress shall proceed with all speed to the assistance of persons in
distress unless he is unable or in the special circumstances of the case considers it unreasonable or
unnecessary to do so or unless he is released from such obligation. He is further to make a
statement in the official log book if he considers it unreasonable or unnecessary to go to the
persons in distress.

Q3 a) Define CTL

A constructive total loss in marine cargo insurance means that the cost of repair of a damaged item
is more than the current value of the item. The insurer settles the insured the entire amount on the
basis of the fact that the repairing cost exceeds the replacement or market value. Often a loss
equal to 50% or 60% of the stated value of the item is considered by insurance companies for
ascertaining constructive total loss

The situation of constructive total loss arises when the ship is abandoned as it is not commercially
viable to retrieve the ship or cargo. Though, the ship or cargo is not completely damaged, it is not
feasible to get it repaired or restored to its original position. When the ship is badly damaged and
the cost of repairs is expected to be more, it will be recommended to abandon the ship.

Similarly, if the ship is abandoned, but the cargo is safe on it, however, if the cost of bringing the cargo to the
coast is more than its total cost, it will be fine leaving the cargo. All these scenarios will be considered as a
constructive total loss.
When a constructive total loss arises, the policyholder informs the insurance company and surrenders its
interest in the subject-matter to the insurance company.
 In particular, there is a
constructive total loss in marine
cargo insurance when:
 The policyholder is deprived of the possession of goods by insured
perils and it is unlikely that the policyholder can recover the ship or goods as
the case may be, or the cost of recovering the ship would be more than its
recovery value
 The ship is severely damaged by an insured peril and the cost of
repairing a ship is more than its value.

In the case of damage to goods, it will be considered as a constructive loss if

the repairing cost is more than their value on the arrival.

3b) Role of Average adjuster

(c) Average Adjusters are expert in the law and practice of general average and marine
insurance. Fellows of the Association of Average Adjusters have demonstrated their expertise
by rigorous examination. Average Adjusters prepare claims under marine insurance policies
which generally involve loss or damage to marine craft, their cargoes or freight. They may also
be called upon to prepare statements of claim against third parties and to deal with the division
of recoveries from third parties. General Average is a particular area of expertise. Average
Adjusters are usually instructed to collect general average security, and also salvage security,
and to prepare general average statements and to assist in effecting settlements there under.
Average Adjusters may be appointed by any party involved in a marine claim. However,
irrespective of the identity of that party, the Average Adjuster is bound to act in an impartial
and independent manner.
General Average is a particular area of expertise and is unique to the marine world. The principal behind
general average is that when the property (ship, cargo, bunkers, freight etc) involved in a maritime adventure is
in peril, any extrordinary sacrifice or expenditure that is voluntarily and reasonably made or incurred in order
to save that property is defined as a general average loss. All parties involved in the marine adventure will then
pay a ratable contribution towards that general average loss. These days, the majority of contracts for the
carriage of goods by sea state that general average should be adjusted in accordance with the York Antwerp
Rules. Average Adjusters are usually instructed to collect general average security, and also salvage security,
and to prepare general average statements and to assist in effecting settlements thereunder.
Average Adjusters may be appointed by any party involved in a marine claim. However, irrespective of the
identity of that party, the Average Adjuster is bound to act in an impartial and independent manner.
The Association of Average Adjusters promotes professional standards and correct principles in the adjustment
of marine claims by ensuring, through examination or otherwise, that those entering into membership possess
a high level of expertise.
It aims to achieve uniformity of practice amongst Average Adjusters by providing a forum for discussion and by
establishing rules of practice where necessary. It ensures the independence and impartiality of its
fellows/associates by imposing a strict code of professional conduct.

Q4a) define synchronous and parametric rolling and action to avoid that
Q4B) ETA fitted on tanker importance-discuss

Parametric rolling is when the encountered exciting function causes vessels with lots of
flare forward to have transverse buoyancy shifts tuned to their natural frequency in a
positive feedback loop. When this occurs at slow steaming they speed up or if at fast
steaming, they slow down to detune.
Synchronous rolling is generally a beam sea situation whose encounter frequency doesn't
change with speed of the vessel, but whose wave components are close to the vessel's natural
frequency in roll. Generally a heading change with solve this problem unless one is dead in the
water."
Synchronous rolling motion
Large rolling motions may be excited when the natural rolling period of a ship coincides with
the encounter wave period. In case of navigation in following and quartering seas this may
happen when the transverse stability of the ship is marginal and therefore the natural roll period
becomes longer.
Parametric roll motions
Parametric roll motions with large and dangerous roll amplitudes in waves are due to the
variation of stability between the position on the wave crest and the position in the wave
trough. Parametric rolling may occur in two different situations:
O The stability varies with an encounter period TE that is about equal to the roll period
TR of the ship (encounter ratio 1:1). The stability attains a minimum once during each
roll period. This situation is characterized by asymmetric rolling, i.e. the amplitude with
the wave crest amidships is much greater than the amplitude to the other side. Due to
the tendency of retarded up-righting from the large amplitude, the roll period TR may
adapt to the encounter period to a certain extent, so that this kind of parametric rolling
may occur with a wide bandwidth of encounter periods. In quartering seas a transition
to harmonic resonance may become noticeable.
O The stability varies with an encounter period TE that is approximately equal to half the
roll period TR of the ship (encounter ratio 1:0.5). The stability attains a minimum twice
during each roll period. In following or quartering seas, where the encounter period
becomes larger than the wave period, this may only occur with very large roll periods
TR, indicating a marginal intact stability. The result is symmetric rolling with large
amplitudes, again with the tendency of adapting the ship response to the period of
encounter due to reduction of stability on the wave crest. Parametric rolling with
encounter ratio 1:0.5 may also occur in head and bow seas.
For synchronous rolling and parametric rolling motions
The master should prevent a synchronous rolling motion which will occur when the encounter wave
period TE is nearly equal to the natural rolling period of ship TR. For avoiding parametric rolling in
following, quartering, head, bow or beam seas the course and speed of the ship should be selected in a
way to avoid conditions for which the encounter period is close to the ship roll period or the
encounter period is close to one half of the ship roll period.
4b) + extra answer
Exchange of Information between the Master and the Towing Vessel
Towing another Ship:-
Ø Towing is an old and well-developed procedure. Rescue and salvage towing
generates a necessary sense of urgency.
Ø Conditions of a tow, weather and other factors commonly make towing a
time-critical operation. While certain ships are designed to offer towing
services, all ships can take a tow in an emergency.
Towing Responsibilities
Ø The ship must provide the towing vessel (my ship in this case) all the
relevant information because the towing operation is accepted only after the
towing vessel‟s officers complete a comprehensive evaluation and survey of
the tow.
Seaworthiness
Ø Towing seaworthiness means suitable condition for the mission. This
concerns all the various technical implications of the tow and towing vessel,
including:
o Vessel design and specifications.
o Structural condition and stability.
o Age, maintenance history, and status.
o Reinforcement requirements.
o Hull and superstructure closures.
o Adequacy of towing gear.
o Dewatering facilities.
o Chafing gear.
o Fire-fighting and damage control facilities.
o Repair parts.
o Tow-boarding facilities.
o Emergency towing gear.
o Waters to be transited.
o Hazards of the route
CATEGORIES OF RISK
Ø The Master of the towing ship and the towed craft should agree to the
conditions of risk intowing the craft. Risk conditions are based on the
seaworthiness and structural condition of the tow, expected sea and
weather conditions for the route, and the specifications of the towingship.
Ø In acceptable risk, the hull, equipment, towing gear, and towing ship are
seaworthy and structurally sound.In calculated risk, tow deficiencies are
accepted.
Ø The probability of tow safely reachingdestination varies with deficiencies.
WEATHER
Ø Whenever possible, towing operations should be planned to take advantage
of the best weather conditions. Appropriate weather activities should be
requested to provide 24-hour forecasts every 12 hours along the intended
route, commencing 24 to 36 hours before departure and continuing until
arrival. Requests for special weather forecasts should include the intended
route and estimated speed.
Ø (ii)When you ship is being towed by another ship
Ø Prepare to receive the assistance from towing vessel in order to reduce
costs and loss of time. The preparations will depend on the circumstances,
the safety of the complement and the vessel must be a deciding factor in
the choice of actions. Inform the towing vessel of all relevant information
regarding the vessel‟s name, home port, call sign, tonnage, type of ship,
position, description of the situation, type of danger or distress, oil
pollution, equipment onboard, etc.
o If towing is necessary, the ship-owner must be notified immediately
so that Hull insurance and shippers‟ agreement may be obtained. If
there is no danger to human lives, the approval of the ship-owner,
shippers and hull insurance must be obtained before the towing
operation is started.
o Prepare a list towing equipment available - length, diameter, strength
of the insurance wire (if any), other heavy wires and hawsers, anchor
chains; the dimensions and safe working load of the towing shackles
onboard, together with other possible equipment for towing.
o Decide if a towing operation is the best practicable solution.
o Discuss the situation with the Chief Engineer regarding the use of the
vessel‟s engines for this purpose.
o Notify owner before any towing operation is initiated.
o Await management reply. The hull insurance and shipper‟s agreement
may have to be obtained. Check own towing equipment. Put up a list
of the insurance wire (if any),other heavy wires/hawsers, anchor
chains, shackles, and other equipment. The dimension and strength of
each of these items are needed.
o Find out, if possible, your own towing pull at your present draft by
varying speeds. Consider - the required towing pull necessary to tow
the vessel in distress. Make a plan of your poop deck with fairleads
and bollards and find out which bollards have the necessary strength
to be utilised for towing.
o Keep management well informed of the proceedings.
o Note all activities in the logbook. Prepare a log extract of the incident
when operations are ended.
CONTENTS OF EMERGENCY TOWING BOOKLET
Ø SOLAS Reg. II -1 requires that all ships should be equipped with an
Emergency Towing Booklet manual. Scope of this plan is to document how a
ship is fitted with emergency towing arrangements.
Ø Plan Approval by the Administration or a Recognised Organisation (RO) on
behalf of the Administration NOT mandatory, however manual may be
examined by attending surveyors as part of an ISM Audit.
Contents
Ø Key Towing Information.
Ø List of Facilities.
Ø Towing Operations.
Ø Decision Making Matrix.
Ø Typical Towing Patterns.
Ø Typical Examples of the Procedures for Connecting Towing Lines.
Ø Organization and Training.
Ø Maintenance.
Ø Risk Assessment.
Ø Vessel Plans.
Info/Plans Required
Ø Ship Specific Information (Questionnaire to be submitted).
Ø Arrangement of mooring equipment plan.
Ø Bollard plans.
Ø Rollers plans.
Ø Any other mooring related plan available.

Q5a) action when v/l in distress and v/l is assisting other v/l in distress

ON-SCENE CO-ORDINATOR
When two or more SAR facilities are working together on the same mission, one
person on scene may be needed to co-ordinate the activities of all participating
facilities. Rendering assistance-Vessels Assisting Methods of Distress Notification
Ø An alarm signal or a distress call from another vessel at sea, either directly
or by relay.
Ø A distress call or message from aircraft. This usually occurs by relay from a
CRS
Ø Alert sent from a vessel's alerting equipment and then relayed shore-to-ship
Ø Visual signals or sound signals from a nearby distressed craft
IMMEDIATE ACTION
The following immediate action should be taken by any ship receiving a
distress message:
Ø Acknowledge receipt of message.
Ø Gather the following information from the craft in distress if possible:
ü Position of distressed craft
ü Distressed craft's identity, call sign, and name
ü Number of POB
ü Nature of the distress or casualty
ü Type of assistance required
ü Number of victims, if any
ü Distressed craft's course and speed
ü Type of craft, and cargo carried
ü Any other pertinent information that might facilitate the rescue
Ø Vessels should maintain communications with the distressed craft while
attempting to advise the SAR system of the situation. Proceeding to the
Area of Distress.
Ø Establish a traffic co-ordinating system among vessels proceeding to the
same area of distress.
Ø Maintain active radar plots on vessels in the general vicinity.
Ø Estimate the ETA to the distress site of other assisting vessels
Ø Assess the distress situation to prepare for operations on-scene.
ON-BOARD PREPARATION
A vessel en route to assist a distressed craft should have the following
equipment ready for possible use:
Life-saving and rescue equipment Lifeboat, inflatable life-raft, lifejackets,
survival suits for the crew, lifebuoys, breeches, buoys, portable VHF radios for
communication with the ship and boats deployed, line throwing apparatus,
buoyant lifelines, hauling lines, non-sparking boat hooks or grappling hooks,
hatchets, rescue baskets, pilot ladders, scrambling nets, copies of the
International Code of Signals, radio equipment operating on MF/HF and/or
VHF/UHF and capable of communicating with the SMC and rescue facilities, and
with a facility for direction finding(DF), supplies and survival equipment as
required, fire-fighting equipment, portable ejector pumps, binoculars, cameras,
bailers and oars. Signalling equipment Signalling lamps, searchlights, torches,
flare pistol with colour-coded signal flares, buoyant VHF/UHF marker beacons,
floating lights, smoke generators, flame and smoke floats, dyemarkers, loud
hailers.
PREPARATIONS FOR MEDICAL ASSISTANCE, INCLUDING:
Stretchers, blankets, medical supplies and medicines, clothing, food, shelter
OSC DUTIES
The duties are:
Ø Co-ordinate operations of all SAR facilities on-scene.
Ø Receive the search action plan or rescue plan from the SMC or plan the
search or rescue operation, if no plan is otherwise available.
Ø Modify the search action or rescue action plan as the situation on-scene
dictates,
Ø Keeping the SMC advised (do in consultation with the SMC when
practicable).
Ø Co-ordinate on-scene communications.
Ø Monitor the performance of other participating facilities.
Ø Ensure operations are conducted safely, paying particular attention to
maintaining safe separations among all facilities both surface and air.
Ø Make periodic situation reports to the SMC.
Ø The report should include but not be limited to:
ü Weather and sea conditions
ü The results of search to date
ü Any actions taken
ü Any future plans or recommendations
Ø Maintain a detailed record of the operation:
Ø On-scene arrival and departure times of SAR facilities, other vessels and
aircraft engaged in the operation.
Ø Record of areas searched.
Ø Record of track spacing used.
Ø Actions taken based on sightings and leads reported.
Ø Record of results obtained.
Ø Advice the SMC to release facilities no longer required.
Ø Report the number and names of survivors to the SMC.
Ø Provide the SMC with the names and designations of facilities with survivors
aboard.
Ø Report which survivors are in each facility.
Ø Request additional SMC assistance when necessary (for example, medical
evacuation of seriously injured survivors).
INSTRUCTIONS AND INFORMATION TO GIVE TO OTHER VESSELS
Datum - It will be necessary to establish a datum, or geographic reference, for
the area to be searched.
The following factors should be considered:
Ø Reported position and time of the SAR incident
Ø Any supplementary information such as DF bearings or sightings
Ø Time interval between the incident and the arrival of SAR facilities
Ø Estimated surface movements of the distressed craft or survival craft,
depending on drift.
Ø The datum position for the search is found as follows:
Ø Drift has two components: leeway and total water current.
Ø Leeway direction is downwind.
Ø Leeway speed depends on wind speed the observed wind speed when
approaching the scene may be used for estimating leeway speed of life-rafts
by using the graph following this discussion (Persons in the water (PIW)
have no leeway while life-raft stability and speed vary with or without
drogue or ballast).
Ø Total water current may be estimated by computing set and drift when
approaching the scene.
Ø Drift direction and speed is the vector sum of leeway and total
water current.
Ø Drift distance is drift speed multiplied by the time interval between the
incident time, or time of the last computed datum, and the commence
search time.
Ø Datum position is found by moving from the incident position, or last
computed datum position, the drift distance in the drift direction and
plotting the resulting position on a suitable chart.
THE METHOD TO PLOT THE SEARCH AREA
Ø Draw a circle centred on datum with radius R.
Ø Using tangents to the circle form a square.
Ø If several facilities will be searching at the same time, divide the square into
sub-areas of the appropriate size and assign search facilities accordingly.
SEARCH AREA DETERMINATION
Ø When a vessel in distress sends a distress signal and requires immediate
assistance, then loses radio communication, how do you find them? The
vessel, or if the vessel sinks, the survivors in a survival craft or in the
water, may start to drift under the same weather/oceanic conditions as at
the time of the distress call. To where are they drifting?
Different objects have different drift characteristics depending on the
following:
Ø Shape of the object;
Ø Size of the object;
Ø Submerged portion of the object;
Ø Exposed portion of the object above the waterline.
In maritime drift, there are two important forces which cause the object to drift.
One is the Total Water Current (TWC) which includes Sea/Ocean Current (SC),
Wind Current (WC),Tidal Stream Current and other current, if any. It should be
noted that:
1) Tidal stream current generally exists within 3 nautical miles of the shore
line, particularly within bays and sounds;
2) Wind current exists when the distance is greater than 20 nautical miles
from the shore with water depths greater than 30 meters;
3) Sea current exists when the distance is greater than 25 nautical miles
from the shore with water depths greater than 100 meters. If the above criteria
for each wind current and sea current are not met respectively, the depth of
water is important and prevails. The other is the Leeway (LW) which is caused
by the wind blowing over the area for a long period of time, say in open sea,
from 4 to 48 hours, creating the movement of surface water. Leeway is
generally in a downwind direction, but as both the shape and the exposed
portion of the object are factors which contribute to the direction and rate of
drift, LW will not always exactly follow the downwind direction. The object will
tend to drift to the left side or to the right side of downwind. In model
calculations, we call this the angle of divergence. Therefore, for an object
drifting in the open sea, there will be two datum points known as „datum left‟
and „datum right‟ respectively for the establishment of the search area.
Generally, there are three uncertainties causing inaccuracies of calculated
search areas. The accuracy of search areas depends on many factors, such as
accuracy of the reported incident position, time of incident position, and
direction of drift.
The most important is the actual observation of wind and current on scene, and
the On Scene Co-coordinator (OSC) should be capable to report wind and
current with drift direction to SMC at regular intervals in the Situation Report
(SITREP).
However, from the Master‟s point of view, he can take the simplified technique
to calculate the datum and start searching, if there is no Search Action Plan
given from MRCC. The Master considers the Total Water Current and Leeway
causing the drift of object to determine the datum, and with an assumed radius
of 10 nautical miles depicting the search area.
In planning the search by the shipmasters the datum for the search in principle
is found as follows:
(1) Reported position and time of the incident,
(2) Time interval between the incident and the arrival of the search vessel,
(3) Calculate the total water current and leeway.

5b) Actions in case of stowaway as per p&I, Flag

(b) On board:
a) Minimum or only one access to ship and effective gangway watch maintained all the times
b) Person with identity should always be checked and unauthorized persons refused access
c) Gangway to be raised during period of non use
d) All store rooms, mast houses, entrance to accommodation (except only one entrance to
accommodation) should be locked in accordance with fire and safety regulations
e) Cargo work if not 24 hrs, access to hold should be checked at end of each working
periods, hatches closed, all accesses to cargo holds locked
f) Maintained deck watch all the times in port and anchorage especially stowaway is a
problem
g) At port/anchorage in night:
h) Well lit deck and over-side area
i) Check mooring ropes and anchor cable regularly to deter stowaway to gain access
j) With reduced manning difficult to maintain 24 hrs watch, master to employ shore
watchmen
k) Shore watchmen from reputed company and arranged by ship’s agent and P& I
correspondent
l) Master to display incorrect information on sailing board
Additional expenses for shore watchmen and human occupancy detector are not covered by P & I
club.
Charterer responsibility
O To exercise due care and diligence in preventing stowaway gaining access to v/l by
means of secreting himself in goods or container shipped by charterer.
O If stowaway is found thru container or goods, this will constitute a breach of charter, for
which he shall be liable and holds s/o harmless and indemnify against all claims, which
may arise and made against them.
Log book entries
O Details of watch security arrangements at port
O Time, date and outcome of stowaway searches conducted by crew as per company
Discovered stowaway on board
O Follow company guidelines
O Establish where more stowaway onboard
O Notify ship-owner and agent at next port of call
O Establish identity of each stowaway
O Establish documents stowaway has in his/her possession
O Humanitarian obligation to provide maintenance e.g. food, water, sleeping
accommodation, washing and toilet facility
O Not an easy situation onboard, as a physical danger to crew or infectious disease
O No matter whatever the situation to be treated humanely
O A case study shows that three stowaway found onboard and been thrown overboard,
two of them swim ashore safety and one drowned
O After legal proceeding master and chief officer were given life sentences and other
crew were jailed up to 20 years
If more than one stowaway - keep them separate.
Also establish following:
O Full name
O Nationality
O Postal and residential permanent or last address
O Date and place of birth
O Name, date and place of birth of either or both parents or other next of kin including
their postal and residential address
O Details of any document found in stowaway’s possession, such as passport, CDC or
identity card
O Stowaway not be socialize and become friendly with crew
O Never allow stowaway to escape in port as ship's officer(s) may be fined by
immigration
O Do not allow stowaway on work
O Proper logbook entries made for the period of stay of stowaway

Q6a) ISPS – Detainable deficiency and clear groud for those deficiency

1 Control of ships in port

1.1 For the purpose of this chapter, every ship to which this chapter applies is subject to control when in a
port of another Contracting Government by officers duly authorised by that Government, who may be the
same as those carrying out the functions of regulation I/19. Such control shall be limited to verifying that
there is onboard a valid International Ship Security Certificate or a valid Interim International Ship’s Security
Certificate issued under the provisions of part A of the ISPS Code (Certificate), which if valid shall be accepted,
unless there are clear grounds for believing that the ship is not in compliance with the requirements of this
chapter or part A of the ISPS Code.
1.2 When there are such clear grounds, or where no valid Certificate is produced when required, the officers
duly authorized by the Contracting Government shall impose any one or more control measures in relation to
that ship as provided in paragraph
1.3. Any such measures imposed must be proportionate, taking into account the guidance given in part B of
the ISPS Code. 1.3 Such control measures are as follows: inspection of the ship, delaying the ship, detention of
the ship, restriction of operations including movement within the port, or expulsion of the ship from port.
Such control measures may additionally or alternatively include other lesser administrative or corrective
measures.

Under ISPS Code

1. No ISSC Certificate on board

2. Reason to believe that the Ship Security Plan is not being

implemented properly such as general security measures not
being taken (e.g. gangway watch, security patrols etc).

3. Insufficient security records (e.g. last ten ports). NB. Reference

must be made to the SSP

ISM and ISPS Checklist.pdf

Q7) ICE Navigation

When steaming through open water, it may be possible to detect the

approach of ice by the following signs:
1. Ice blink: this is a fairly reliable sign and may be the first indication that an
ice field is in the vicinity. It can usually be seen for some time before the ice
itself is visible and appears as a luminous reflection on the underside of the
clouds above the ice. Its clarity is increased after a fresh snowfall. On clear
days, ice blink is less apparent but may appear as a light or yellowish haze
which would indicate the presence of ice. Ice blink can sometimes be
detected at night, either from the reflection of moonlight, or from the
ambient starlight in clear weather.
2. The sighting of small fragments of ice often indicates that larger quantities
are not far away.
3. Abrupt moderation of the sea and swell occur when approaching an ice field
from leeward.
4. In northern areas, and in Labrador and Newfoundland, the onset of fog
often indicates the presence of ice in the vicinity.
On a clear day there may be abnormal refraction of light causing distortion in
the appearance of features. Although the ice field will be seen at a greater
distance than would normally be possible without refraction, its characteristics
may be magnified out of all proportion – it may even appear as giant cliffs of ice
in the far distance, with breaks between them where the open water lies.
The following are signs of open water:
1. Water sky: dark patches on low clouds, sometimes almost black in
comparison with the clouds, indicate the presence of water below them.
When the air is very clear this indication is less evident. When iceblink is
visible at night, the absence of blink in some sectors of the horizon may
indicate open water but cannot be assumed to be water sky.
2. Dark spots in fog give a similar indication, but are not visible for as great a
distance as the reflection on clouds.
3. A dark bank on a cloud at high altitude indicates the presence of patches of
open water below, which could lead to larger areas of open water in the
immediate vicinity.
Various precautions to be taken at deck and engine when the ship is
about to enter sub zero temperature areas are:
Deck Precautions
Ø The navigational information that is received by the bridge should be
well analysed for safe navigation from ice
Ø The navigation officer must recognise different types of sea ice forms
Ø All navigation and communication equipment must be approved type
and should work at sub zero temperature.
Ø All the hydraulic machineries and winches to be operated to avoid
freezing of oil.
Ø All the heaters in the hydraulic system to be switched on.
Ø Take sounding of all the fresh water and ballast tank prior entering cold
region.
Ø Sounding to be taken at regular interval when plying in sub zero regions
to identify any damage or leak from tank due to ice.
Ø Start ballast sea chest heating, if required.
Ø Lifeboat drinking water to be taken out and stored at desired place or a
crew assigned to bring water during emergency.
Ø Cold starting system of lifeboat to be kept ready.
Ø Add anti freeze in jacket water of lifeboat engine.
Ø All cargo line and other lines on deck must be fully drained after use.
Ø PV breaker and deck seal in oil tanker to be added with antifreeze
compound.
Ø All greased equipment to be cleared off old grease and fresh anti
freezing grease to be applied.
Ø All the opening from deck to the accommodation must be kept close at
all times.
􀀀 Crew to be instructed to clear ice from deck equipments at regular intervals.
Engine room precautions
􀀀 All cargo tank and fuel tank heating to be opened.
􀀀 Take Soundings of all tanks prior to entering and after that in regular
intervals.
􀀀 Add anti freeze in jacket water, piston cooling water, emergency generator
etc.
􀀀 Any steam coil not in use must be drained and drain kept open.
􀀀 Sky light to be closed and ventilation to be reduced, to avoid cold air
effect on control and gauging system.
􀀀 Sea water circulation and temperature settings to be checked.
􀀀 Sea chest heating to be opened.
􀀀 Monitor all the pressure parameters in the engine room.
􀀀 Open tracing steam where required.
􀀀 Re-circulate hot water in fresh water tank and its level to be kept below
90%.
􀀀 Temperature in fuel oil tank to be maintained and level to be kept below
90%.
􀀀 Lube and heavy oil purifier to be run continuously to maintain oil
temperature.
􀀀 Heaters in the engine room, CO2 room, bow thrusters room and
steering room to be switched on.
􀀀 Emergency fire p/p drains to be kept open with notice display.
􀀀 All air lines in the engine room kept moisture free by frequent draining
and control air drier to always run.
􀀀 One generator to be kept standby in diesel oil.
􀀀 Oily water separator to be kept drain of water.
􀀀 Open heating sewage holding tank.
􀀀 If power pack is provided, add antifreeze and take all cold weather
precaution as given by maker.
Personal Precaution
􀀀 Safe working condition to be explained to the crew.
􀀀 Hypothermia and cold burn and their precaution to be understood.
􀀀 Limit exposure time for outside work.
􀀀 Adequate warm clothing and eye protection for snow blindness.
􀀀 Crew to take care of their room temperature by switching on heaters
and closing port holes at all times.
Sea ice is formed when ocean water is cooled below its freezing
temperature of approximately-2°C or 29°F. Such ice extends on a seasonal
basis
over great areas of the ocean. Sea ice is important to the study of oceans
because it impacts oceanic chemical and physical properties, density structure,
oceanic dynamics, and exchanges between the ocean and the atmosphere. It
covers over 20 million square kilometers of the ocean at any given time, greatly
limiting the exchange of heat, moisture, and momentum between the
atmosphere
and ocean and reflecting most of the solar radiation incident upon it.
Manoeuvring in Ice
Ø First of all, it is imperative to understand that if any alternative route is
available for the ship, ice water should be avoided at all costs. However, if
ice navigation is inevitable, it should be made at right angles to the leeward
edge where the ice is loose or broken. While manoeuvring through ice if a
floe cannot be avoided then it should be hit squarely with the stem. Note
that a glancing blow may damage the ship‟s shell plating or throw the
vessel off course causing another unavoidable blow. Entry in ice should
always be done at low speeds to avoid any sort of damage. Once into the
pack, the vessel‟s speed can be increased so as to maintain headway and
control so as to never lose all way off and avoid the ice floes to close in on
the hull, rudder and propeller. If the ship is stopped by heavy concentration
of ice the rudder should be put amidships and the engines should be kept
turning slowly ahead. This will wash away the ice that is accumulated astern
and will help the vessel to fall back. In a close pack during ice navigation,
avoid sharp alterations of course and keep the speed enough for steerage
way. Full rudder movements should be avoided or used only in cases of
emergencies.
Lookout
Ø Always keep vigilant lookout for leads (navigable channel within an ice field)
through ice. Additional lookouts should be posted forward or at higher ends
for safety concerns. Conning should be carried out from the ship‟s bridge to
get a better view of the ice accumulation. Keeping mind that at all times the
stern must be observed for rudders‟ movement so as to avoid a flow from
actually moving the stern towards it. In such cases, it is advised to post
men right aft with torches, whistles, walkie-talkies, etc. to make sure that
the bridge is informed immediately incase the propeller is in any kind of
danger. This is extremely important in twin screw vessels. Reduce speed if
the ice goes under the ship.
Engine care
Ø During ice navigation, engines should be kept running at all times and
under manoeuvring conditions in such a way that the ahead and astern
movements can be easily carried out without time delay. Similarly, engine
movements from ahead to astern and vice-verse should be made cautiously
to avoid stressing the engine mechanisms in low temperatures, which could
be unfavorable to the ship‟s engine parts. Also, when ice approaches the
stern of the vessel while manoeuvring bursts of the engines should be given
accordingly to keep ice from accumulating.
Navigation at Night
􀀀 As far as possible, avoid navigating through ice at night. It is preferred to
“heave to” since theleads or lanes cannot be seen. Most ice navigators stop
the vessel along the edge of the ice andleave the vessel drifting along with
the pack. At nights, seawater lubricated tail end shafts arein the danger of
getting frozen. To avoid from freezing, vessels with single screws should
havetheir aft peak tank filled with water and have it kept warm by means of
steam hose injection, orother alternative means. The vessel should keep
her engines running with propeller on lowRPM so as to avoid seizure by ice.
Anchoring
Ø Anchoring in heavy concentrations of ice should be avoided; if ice is moving
then its forcemay break the cable. When conditions permit, anchoring can
be carried out and it must be donein light brash ice, rotten ice or widely
scattered floes with the main engine on immediatenotice. Anchor should be
brought in as soon as the wind threatens to move ice onto the vessel.Even
with the advent of new techniques and technologies for ice navigation such
as radarsensor images through cloud cover, infra-red images, and satellite
images for a larger view ofthe surroundings around the vessel, it is vital to
understand that ship‟s operations of any sortunder the influence of sea-ice
are not only dangerous but also life threatening, and utmost caremust be
taken while navigating through such ice areas.

Q7b) SEEMP- Already done

SEP 2018-
1a) Chartering terms def.
2a) section 360 & 361 MSA

360. Application to court for formal investigation.―The officer appointed under sub-section
(2) of section 358, whether he has made a preliminary inquiry or not, may, and, where the Central Government
so directs, shall make an application to a court empowered under section 361, requesting it to make a formal
investigation into any shipping casualty, and the court shall thereupon make such investigation.
361. Court empowered to make formal investigation.―1[A Judicial Magistrate of the first class] specially
empowered in this behalf by the Central Government and a 2[Metropolitan Magistrate] shall have jurisdiction
to make formal investigation into shipping casualties under this Part.
362. Power of court of investigation to inquire into charges against master, mates and engineers.―(1)
Any court making a formal investigation into a shipping casualty may inquire into any charge of in
competency or misconduct arising, in the course of the investigation, against any master, mate or engineer, as
well as into any charge of a wrongful act or default on his part causing the shipping casualty.
(2) In every case in which any such charge, whether of in competency or misconduct, or of a wrongful act or
default, as aforesaid, arises against any master, mate or engineer, in the course of an investigation, the court
shall, before the commencement of the inquiry, cause to be furnished to him a statement of the case upon
which the inquiry has been directed.

363. Power of Central Government to direct inquiry into charges of in competency or misconduct.―(1)
If the Central Government has reason to believe that there are grounds for charging any master, mate or
engineer with in competency or misconduct, otherwise than in the course of a formal investigation into a
shipping casualty, the Central Government,―
(a) if the master, mate or engineer holds a certificate under this Act, in any case;
(b) if the master, mate or engineer holds a certificate under the law of any country outside India, in any case
where the in competency or misconduct has occurred on board an Indian ship;
may transmit a statement of the case to any court having jurisdiction under section 361, which is at or nearest
to the place where it may be convenient for the parties and witnesses to attend, and may direct that court to
make an inquiry into that charge. (2) Before commencing the inquiry, the court shall cause the master, mate or
engineer so charged to be furnished with a copy of the statement transmitted by the Central Government.

For the purpose of formal investigations shipping casualty shall be deemed to occur when:
O On or near the coasts of India, any ship is lost, abandoned, stranded or materially damaged
O On or near the coasts of India any ship causes loss or material damage to another ship
O Any loss of life ensues by reason of any casualty happening to or onboard any ship on or near the coasts
of India
O In any place, any such loss, abandonment, stranding, material damage occurs to or onboard any Indian
ship and any competent witness thereof is found in India
O Any Indian ship is lost or supposed to have been lost and any evidence is obtainable in India as to the
circumstances under which she proceeded to sea or was last heard of.
If the central government has reasons to believe that there are grounds for charging the ship’s officer with
incompetence or misconduct, the central government may transmit a statement of the case to any court
having jurisdiction which is at or nearest to the place where it may be convenient for the parties and
witnesses to attend and may direct the court to make an inquiry into that charge. Before commencing the
inquiry, the court shall cause the officer so charged to be furnished with a copy of the statement transmitted
by the central government

Act 31 of 2014

6[PART XIB CONTROL OF HARMFUL ANTI-FOULING SYSTEMS ON SHIPS 356P. Application.―(1) Save as
otherwise provided in this Part, this Part shall apply to― (a) every Indian ship, wherever it is;
(b) ships not entitled to fly the flag of India, but which operate under the authority of India;

and (c) ships that enter a port, shipyard, or offshore terminal or place in India or within the
territorial waters of India or any marine areas adjacent thereto over which India has, or may hereafter have,
exclusive jurisdiction in regard to control of pollution under the Territorial Waters, Continental Shelf,
Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976) or any other law for the time
being in force. (2) This Part shall not apply to any warship, naval auxiliary or other ship owned or operated by
or under the authority of India and used, for the time being, only on Government non-commercial service:

Provided that in case of such ships, the Government shall ensure by the adoption of appropriate measures not
impairing operations or operational capabilities of such ship that such ships are operated in a prescribed
manner consistent with this Part.

Q3a) Both to Blame clause

BOTH TO BLAME COLLISION CLAUSE
(for use in bills of lading)
“If the ship comes into collision with another ship as a result of the negligence of the other ship and any act,
neglect or default of the master, mariner, pilot or the servants of the Carrier in the navigation or in the
management of the ship, the owners of the goods carried hereunder will indemnify the Carrier against
all loss or liability to the other or non-carrying ship or her Owners insofar as such loss or liability represents
loss of or damage to or any claim whatsoever of the owners of the said goods, paid or payable by the other or
noncarrying ship or her Owners to the owners of the said goods and set-off, recouped or recovered by the
other or non-carrying ship or her Owners as part of their claim against the carrying ship or carrier. The
foregoing provisions shall also apply where the Owners, Operators or those in charge of any ship or ships
or objects other than, or in addition to, the colliding ships or objects are at fault in respect of a collision or
contact.” When used in time charter parties, the clause should be preceded by the sentence:
“If the liability for any collision in which the vessel is involved while performing this Charter Party falls to be
determined in accordance with the laws of the United States of America, the following provisions shall apply:”
The clause should then be followed by: “Charterers shall procure that all bills of lading issued under this
Charter Party shall contain a provision in the foregoing terms, to be applicable where the liability for any
collision in which the vessel is involved falls to be determined in accordance with the laws of the United
States of America.”

Charterer’s Contribution Clause

CHARTERER CONTRIBUTION CLAUSE. It is not a standard a P&I cover but can be obtained
by charterer from their P&I or from their fixed premium underwriters. For example damage
caused to the hull while loading, main engine breakdown due to bad quality fuel supplied
by charterer etc

Clause Paramount- Earlier done

3b) Fund and Supplementry fund

Difference between PSC Inspection and FSC Inspection

PSC Inspection- When a ship arrives at a port, local authorities
send their surveyors to check if the ship has proper and valid
documents to comply with SOLAS, MARPOL &MLC. For E/R,
MARPOL equipments are checked for proper working and safe
working culture is being followed or not.
Flag State Inspection- Can be carried out by Surveyors of the Flag
State at any port across the globe once in a year to ensure
satisfactory standards are being maintained on the vessel flying
their flag. Surveyors inspect the ship for verification of statutory
documents and condition of ship in general. Inspection also
includes verification of compliance with all rules and regulations
framed by different organizations

Differentiate between arrest and detention of the ship.

1.Arrested Vessels This is a complicated area of civil law which may well vary in different
jurisdictions and the following guidance should be read in broad and general terms. Legal advice
should always be sought in the appropriate jurisdiction when considering arresting a vessel. A ship is
arrested if, for example, legal action is taken against the ship itself to enforce a maritime lien or
claim. These usually arise in respect of unpaid services or wages. Below is a general guide to vessel
arrest. A lien is a right to retain possession of another party’s property until the owner pays the debt.
In maritime law, this can be enforced by applying to a court for the arrest and sale, usually by means
of an auction, of a vessel which has accrued debts. Following an auction, the proceeds of the sale are
divided amongst the arresting creditors, as directed by the court.As the vessel is unable to leave the
port in which it is arrested, creditors often use arrest as leverage to recover their money. In many
jurisdictions, seafarers’ wages are ranked as ‘high priority’ which means that the crew will be one of
the first parties to receive what they are owed, but this does not mean that the crew will be guaranteed
any money at all. In some jurisdictions, court costs, port fees and other costs may outrank a claim for
wages. Other creditors may also emerge or register an interest with the court following an arrest,
which may affect prioritisation. In some countries, the applicant must apply to the court to obtain high
priority. In order for a claim to be recognised, the crew must be one of the arresting parties, or must
have registered their claim with the court by some other means. It is also important to note that cases
in which a vessel is arrested and sold can take many years to resolve and seafarers are not likely to
receive any payout until the case concludes. Consideration should be given to the impact of long
delays on the seafarer and their family in the interim. A vessel under arrest cannot sail without
permission of the arresting officer. It can, however, be moved to an alternative berth or location for
commercial, or safety reasons, as authorised by the harbour master and with the permission of the
arresting officer. This new location may be an anchorage, where there may be a requirement for safe
manning levels to be maintained. This may affect the ability of the crew to take shore leave, receive
supplies and welfare support, and may prevent the crew from returning home before the case is
concluded. It is important to understand that an ‘arrest’ only applies to the vessel and not to its crew,
who retain all their rights as seafarers. Furthermore, an arrest does not necessarily imply that a ship is
substandard. It is hoped that the need for vessel arrests by seafarers will considerably reduce
following amendments to the Maritime Labour Convention, 2006, as amended (MLC) which came
into force in January 2017. The amendments introduce the requirement for the vessels covered by
MLC to carry financial security which will respond to the shipowner’s financial default and pay costs
for the repatriation of abandoned seafarers. In addition, where an abandonment occurs, the financial
security provider must provide for outstanding wages for a period limited to four months. More detail
as to what constitutes an abandonment can be found in section 3 of this document.

2. Detained Vessels

A vessel can be detained by Port State Control for non-compliance with international conventions
such as the MLC, SOLAS and STCW. This can include matters affecting seaworthiness, life-saving
equipment, fire appliances, safe navigation, insufficient crew, inadequate crew certificates, and crew
conditions such as excessive working hours and outstanding wages.Whilst a ship is detained, the
relevant authority will not grant clearance for it to sail and a master, personally, may face a heavy fine
if they choose to ignore this. Detained vessels may be required to be moved to an alternative berth or
location. It is not uncommon for a vessel to be both arrested and detained at the same time.

b) Briefly discuss the provisions of Merchant Shipping Act 1958 prescribed in Section 190.

Provisions as to discipline
190. Misconduct endangering life or ship.―No master, seaman, or apprentice belonging to an Indian ship,
wherever it may be, or to any other ship, while in India, shall knowingly—
(a) do anything tending to the immediate loss or destruction of, or serious damage to, the ship, or tending
immediately to endanger the life of, or to cause injury to any person belonging to or on board the ship; or
(b) refuse or omit to do any lawful act proper and requisite to be done by him for preserving the ship from
immediate loss, destruction or serious damage, or for preserving any person belonging to or on board the ship
from danger to life or from injury.

Q7a) Describe the key elements of safety management system manuals required to be carried on board
Indian registered bulk carrier?

ISM CODE SNIPPET imoismcode.pdf

International Safety Management Code Resolution A.741(18) as amended by MSC.104(73), MSC.179(79),
MSC.195(80) and MSC.273(85) PREAMBLE 1 The purpose of this Code is to provide an international standard
for the safe management and operation of ships and for pollution prevention. 2 The Assembly adopted
resolution A.443(XI), by which it invited all Governments to take the necessary steps to safeguard the
shipmaster in the proper discharge of his responsibilities with regard to maritime safety and the protection of
the marine environment. 3 The Assembly also adopted resolution A.680(17), by which it further recognized
the need for appropriate organization of management to enable it to respond to the need of those on board
ships to achieve and maintain high standards of safety and environmental protection. 4 Recognizing that no
two shipping companies or shipowners are the same, and that ships operate under a wide range of different
conditions, the Code is based on general principles and objectives. 5 The Code is expressed in broad terms so
that it can have a widespread application. Clearly, different levels of management, whether shore-based or at
sea, will require varying levels of knowledge and awareness of the items outlined. 6 The cornerstone of good
safety management is commitment from the top. In matters of safety and pollution prevention it is the
commitment, competence, attitudes and motivation of individuals at all levels that determines the end result.
PART A – IMPLEMENTATION 1 GENERAL 1.1 Definitions The following definitions apply to parts A and B of this
Code. 1.1.1 International Safety Management (ISM) Code means the International Management Code for the
Safe Operation of Ships and for Pollution Prevention as adopted by the Assembly, as may be amended by the
Organization. 1.1.2 Company means the owner of the ship or any other organization or person such as the
manager, or the bareboat charterer, who has assumed the responsibility for operation of the ship from the
shipowner and who, on assuming such responsibility, has agreed to take over all duties and responsibility
imposed by the Code. 1.1.3 Administration means the Government of the State whose flag the ship is entitled
to fly. 1.1.4 Safety management system means a structured and documented system enabling Company
personnel to implement effectively the Company safety and environmental protection policy. 1.1.5 Document
of Compliance means a document issued to a Company which complies with the requirements of this Code.
Related Links Purchase the ISM Code IMO | ISM Code
http://www.imo.org/ourwork/humanelement/safetymanagement/pages/i... 1 of 7 10/25/12 9:53 AM 1.1.6
Safety Management Certificate means a document issued to a ship which signifies that the Company and its
shipboard management operate in accordance with the approved safety management system. 1.1.7 Objective
evidence means quantitative or qualitative information, records or statements of fact pertaining to safety or
to the existence and implementation of a safety management system element, which is based on observation,
measurement or test and which can be verified. 1.1.8 Observation means a statement of fact made during a
safety management audit and substantiated by objective evidence. 1.1.9 Non-conformity means an observed
situation where objective evidence indicates the non-fulfilment of a specified requirement. 1.1.10 Major non-
conformity means an identifiable deviation that poses a serious threat to the safety of personnel or the ship
or a serious risk to the environment that requires immediate corrective action or the lack of effective and
systematic implementation of a requirement of this Code. 1.1.11 Anniversary date means the day and month
of each year that corresponds to the date of expiry of the relevant document or certificate. 1.1.12 Convention
means the International Convention for the Safety of Life at Sea, 1974, as amended. 1.2 Objectives 1.2.1 The
objectives of the Code are to ensure safety at sea, prevention of human injury or loss of life, and avoidance of
damage to the environment, in particular to the marine environment and to property. 1.2.2 Safety
management objectives of the Company should, inter alia: .1provide for safe practices in ship operation and a
safe working environment; .2assess all identified risks to its ships, personnel and the environment and
establish appropriate safeguards; and .3continuously improve safety management skills of personnel ashore
and aboard ships, including preparing for emergencies related both to safety and environmental protection.
1.2.3 The safety management system should ensure: .1compliance with mandatory rules and regulations; and
.2that applicable codes, guidelines and standards recommended by the Organization, Administrations,
classification societies and maritime industry organizations are taken into account. 1.3 Application The
requirements of this Code may be applied to all ships. 1.4 Functional requirements for a safety management
system Every Company should develop, implement and maintain a safety management system which includes
the following functional requirements: .1a safety and environmental-protection policy; .2instructions and
procedures to ensure safe operation of ships and protection of the environment in compliance with relevant
international and flag State legislation; .3defined levels of authority and lines of communication between, and
amongst, shore and shipboard personnel; .4procedures for reporting accidents and non-conformities with the
provisions of this Code; .5procedures to prepare for and respond to emergency situations; and .6procedures
for internal audits and management reviews. 2 SAFETY AND ENVIRONMENTAL-PROTECTION POLICY 2.1 The
Company should establish a safety and environmental-protection policy which describes how the objectives
given in paragraph 1.2 will be achieved. 2.2 The Company should ensure that the policy is implemented and
maintained at all levels of the organization, both ship-based and shore-based. 3 COMPANY RESPONSIBILITIES
AND AUTHORITY IMO | ISM Code
http://www.imo.org/ourwork/humanelement/safetymanagement/pages/i... 2 of 7 10/25/12 9:53 AM 3.1 If
the entity who is responsible for the operation of the ship is other than the owner, the owner must report the
full name and details of such entity to the Administration. 3.2 The Company should define and document the
responsibility, authority and interrelation of all personnel who manage, perform and verify work relating to
and affecting safety and pollution prevention. 3.3 The Company is responsible for ensuring that adequate
resources and shore-based support are provided to enable the designated person or persons to carry out
their functions. 4 DESIGNATED PERSON(S) To ensure the safe operation of each ship and to provide a link
between the Company and those on board, every Company, as appropriate, should designate a person or
persons ashore having direct access to the highest level of management. The responsibility and authority of
the designated person or persons should include monitoring the safety and pollution-prevention aspects of
the operation of each ship and ensuring that adequate resources and shore-based support are applied, as
required. 5 MASTER’S RESPONSIBILITY AND AUTHORITY 5.1 The Company should clearly define and document
the master’s responsibility with regard to: .1implementing the safety and environmental-protection policy of
the Company; .2motivating the crew in the observation of that policy; .3issuing appropriate orders and
instructions in a clear and simple manner; .4verifying that specified requirements are observed; and .
5periodically reviewing the safety management system and reporting its deficiencies to the shore-based
management. 5.2 The Company should ensure that the safety management system operating on board the
ship contains a clear statement emphasizing the master’s authority. The Company should establish in the
safety management system that the master has the overriding authority and the responsibility to make
decisions with respect to safety and pollution prevention and to request the Company’s assistance as may be
necessary. 6 RESOURCES AND PERSONNEL 6.1 The Company should ensure that the master is: .1properly
qualified for command; .2fully conversant with the Company’s safety management system; and .3given the
necessary support so that the master’s duties can be safely performed. 6.2 The Company should ensure that
each ship is manned with qualified, certificated and medically fit seafarers in accordance with national and
international requirements. 6.3 The Company should establish procedures to ensure that new personnel and
personnel transferred to new assignments related to safety and protection of the environment are given
proper familiarization with their duties. Instructions which are essential to be provided prior to sailing should
be identified, documented and given. 6.4 The Company should ensure that all personnel involved in the
Company’s safety management system have an adequate understanding of relevant rules, regulations, codes
and guidelines. 6.5 The Company should establish and maintain procedures for identifying any training which
may be required in support of the safety management system and ensure that such training is provided for all
personnel concerned. 6.6 The Company should establish procedures by which the ship’s personnel receive
relevant information on the safety management system in a working language or languages understood by
them. 6.7 The Company should ensure that the ship’s personnel are able to communicate effectively in the
IMO | ISM Code http://www.imo.org/ourwork/humanelement/safetymanagement/pages/i... 3 of 7 10/25/12
9:53 AM execution of their duties related to the safety management system. 7 SHIPBOARD OPERATIONS The
Company should establish procedures, plans and instructions, including checklists as appropriate, for key
shipboard operations concerning the safety of the personnel, ship and protection of the environment. The
various tasks should be defined and assigned to qualified personnel. 8 EMERGENCY PREPAREDNESS 8.1 The
Company should identify potential emergency shipboard situations, and establish procedures to respond to
them. 8.2 The Company should establish programmes for drills and exercises to prepare for emergency
actions. 8.3 The safety management system should provide for measures ensuring that the Company’s
organization can respond at any time to hazards, accidents and emergency situations involving its ships. 9
REPORTS AND ANALYSIS OF NON-CONFORMITIES, ACCIDENTS AND HAZARDOUS OCCURRENCES 9.1 The safety
management system should include procedures ensuring that non-conformities, accidents and hazardous
situations are reported to the Company, investigated and analysed with the objective of improving safety and
pollution prevention. 9.2 The Company should establish procedures for the implementation of corrective
action, including measures intended to prevent recurrence. 10 MAINTENANCE OF THE SHIP AND EQUIPMENT
10.1 The Company should establish procedures to ensure that the ship is maintained in conformity with the
provisions of the relevant rules and regulations and with any additional requirements which may be
established by the Company. 10.2 In meeting these requirements, the Company should ensure that: .
1inspections are held at appropriate intervals; .2any non-conformity is reported, with its possible cause, if
known; .3appropriate corrective action is taken; and .4records of these activities are maintained. 10.3 The
Company should identify equipment and technical systems the sudden operational failure of which may result
in hazardous situations. The safety management system should provide for specific measures aimed at
promoting the reliability of such equipment or systems. These measures should include the regular testing of
stand-by arrangements and equipment or technical systems that are not in continuous use. 10.4 The
inspections mentioned in 10.2 as well as the measures referred to in 10.3 should be integrated into the ship’s
operational maintenance routine. 11 DOCUMENTATION 11.1 The Company should establish and maintain
procedures to control all documents and data which are relevant to the safety management system. 11.2 The
Company should ensure that: .1valid documents are available at all relevant locations; .2changes to
documents are reviewed and approved by authorized personnel; and .3obsolete documents are promptly
removed. IMO | ISM Code http://www.imo.org/ourwork/humanelement/safetymanagement/pages/i... 4 of 7
10/25/12 9:53 AM 11.3 The documents used to describe and implement the safety management system may
be referred to as the Safety Management Manual. Documentation should be kept in a form that the Company
considers most effective. Each ship should carry on board all documentation relevant to that ship. 12
COMPANY VERIFICATION, REVIEW AND EVALUATION 12.1 The Company should carry out internal safety audits
on board and ashore at intervals not exceeding twelve months to verify whether safety and pollution-
prevention activities comply with the safety management system. In exceptional circumstances, this interval
may be exceeded by not more than three months. 12.2 The Company should periodically evaluate the
effectiveness of the safety management system in accordance with procedures established by the Company.
12.3 The audits and possible corrective actions should be carried out in accordance with documented
procedures. 12.4 Personnel carrying out audits should be independent of the areas being audited unless this
is impracticable due to the size and the nature of the Company. 12.5 The results of the audits and reviews
should be brought to the attention of all personnel having responsibility in the area involved. 12.6 The
management personnel responsible for the area involved should take timely corrective action on deficiencies
found. PART B – CERTIFICATION AND VERIFICATION 13 CERTIFICATION AND PERIODICAL VERIFICATION 13.1
The ship should be operated by a Company which has been issued with a Document of Compliance or with an
Interim Document of Compliance in accordance with paragraph 14.1, relevant to that ship. 13.2 The
Document of Compliance should be issued by the Administration, by an organization recognized by the
Administration or, at the request of the Administration, by another Contracting Government to the
Convention to any Company complying with the requirements of this Code for a period specified by the
Administration which should not exceed five years. Such a document should be accepted as evidence that the
Company is capable of complying with the requirements of this Code. 13.3 The Document of Compliance is
only valid for the ship types explicitly indicated in the document. Such indication should be based on the
types of ships on which the initial verification was based. Other ship types should only be added after
verification of the Company’s capability to comply with the requirements of this Code applicable to such ship
types. In this context, ship types are those referred to in regulation IX/1 of the Convention. 13.4 The validity of
a Document of Compliance should be subject to annual verification by the Administration or by an
organization recognized by the Administration or, at the request of the Administration, by another Contracting
Government within three months before or after the anniversary date. 13.5 The Document of Compliance
should be withdrawn by the Administration or, at its request, by the Contracting Government which issued
the Document when the annual verification required in paragraph 13.4 is not requested or if there is evidence
of major non-conformities with this Code. 13.5.1 All associated Safety Management Certificates and/or
Interim Safety Management Certificates should also be withdrawn if the Document of Compliance is
withdrawn. 13.6 A copy of the Document of Compliance should be placed on board in order that the master
of the ship, if so requested, may produce it for verification by the Administration or by an organization
recognized by the Administration or for the purposes of the control referred to in regulation IX/6.2 of the
Convention. The copy of the Document is not required to be authenticated or certified. 13.7 The Safety
Management Certificate should be issued to a ship for a period which should not exceed five years by the
Administration or an organization recognized by the Administration or, at the request of the Administration,
by another Contracting Government. The Safety Management Certificate should be issued after verifying that
the Company and its shipboard management operate in accordance with the approved safety management
system. Such a Certificate should be accepted as evidence that the ship is complying with the requirements of
this Code. IMO | ISM Code http://www.imo.org/ourwork/humanelement/safetymanagement/pages/i... 5 of 7
10/25/12 9:53 AM 13.8 The validity of the Safety Management Certificate should be subject to at least one
intermediate verification by the Administration or an organization recognized by the Administration or, at the
request of the Administration, by another Contracting Government. If only one intermediate verification is to
be carried out and the period of validity of the Safety Management Certificate is five years, it should take
place between the second and third anniversary dates of the Safety Management Certificate. 13.9 In addition
to the requirements of paragraph 13.5.1, the Safety Management Certificate should be withdrawn by the
Administration or, at the request of the Administration, by the Contracting Government which has issued it
when the intermediate verification required in paragraph 13.8 is not requested or if there is evidence of
major non-conformity with this Code. 13.10 Notwithstanding the requirements of paragraphs 13.2 and 13.7,
when the renewal verification is completed within three months before the expiry date of the existing
Document of Compliance or Safety Management Certificate, the new Document of Compliance or the new
Safety Management Certificate should be valid from the date of completion of the renewal verification for a
period not exceeding five years from the date of expiry of the existing Document of Compliance or Safety
Management Certificate. 13.11 When the renewal verification is completed more than three months before
the expiry date of the existing Document of Compliance or Safety Management Certificate, the new
Document of Compliance or the new Safety Management Certificate should be valid from the date of
completion of the renewal verification for a period not exceeding five years from the date of completion of
the renewal verification. 13.12 When the renewal verification is completed after the expiry date of the
existing Safety Management Certificate, the new Safety Management Certificate should be valid from the date
of completion of the renewal verification to a date not exceeding five years from the date of expiry of the
existing Safety Management Certificate. 13.13 If a renewal verification has been completed and a new Safety
Management Certificate cannot be issued or placed on board the ship before the expiry date of the existing
certificate, the Administration or organization recognized by the Administration may endorse the existing
certificate and such a certificate should be accepted as valid for a further period which should not exceed five
months from the expiry date. 13.14 If a ship at the time when a Safety Management Certificate expires is not
in a port in which it is to be verified, the Administration may extend the period of validity of the Safety
Management Certificate, but this extension should be granted only for the purpose of allowing the ship to
complete its voyage to the port in which it is to be verified, and then only in cases where it appears proper
and reasonable to do so. No Safety Management Certificate should be extended for a period of longer than
three months, and the ship to which an extension is granted should not, on its arrival in the port in which it is
to be verified, be entitled by virtue of such extension to leave that port without having a new Safety
Management Certificate. When the renewal verification is completed, the new Safety Management Certificate
should be valid to a date not exceeding five years from the expiry date of the existing Safety Management
Certificate before the extension was granted. 14 INTERIM CERTIFICATION 14.1 An Interim Document of
Compliance may be issued to facilitate initial implementation of this Code when: .1 a Company is newly
established; or .2 new ship types are to be added to an existing Document of Compliance, following
verification that the Company has a safety management system that meets the objectives of paragraph 1.2.3
of this Code, provided the Company demonstrates plans to implement a safety management system meeting
the full requirements of this Code within the period of validity of the Interim Document of Compliance. Such
an Interim Document of Compliance should be issued for a period not exceeding 12 months by the
Administration or by an organization recognized by the Administration or, at the request of the
Administration, by another Contracting Government. A copy of the Interim Document of Compliance should
be placed on board in order that the master of the ship, if so requested, may produce it for verification by the
Administration or by an organization recognized by the Administration or for the purposes of the control
referred to in regulation IX/6.2 of the Convention. The copy of the Document is not required to be
authenticated or certified. 14.2 An Interim Safety Management Certificate may be issued: IMO | ISM Code
http://www.imo.org/ourwork/humanelement/safetymanagement/pages/i... 6 of 7 10/25/12 9:53 AM .1to
new ships on delivery; .2when a Company takes on responsibility for the operation of a ship which is new to
the Company; or .3when a ship changes flag. Such an Interim Safety Management Certificate should be issued
for a period not exceeding 6 months by the Administration or an organization recognized by the
Administration or, at the request of the Administration, by another Contracting Government. 14.3 An
Administration or, at the request of the Administration, another Contracting Government may, in special
cases, extend the validity of an Interim Safety Management Certificate for a further period which should not
exceed 6 months from the date of expiry. 14.4 An Interim Safety Management Certificate may be issued
following verification that: .1the Document of Compliance, or the Interim Document of Compliance, is
relevant to the ship concerned; .2the safety management system provided by the Company for the ship
concerned includes key elements of this Code and has been assessed during the audit for issuance of the
Document of Compliance or demonstrated for issuance of the Interim Document of Compliance; .3the
Company has planned the internal audit of the ship within three months; .4the master and officers are
familiar with the safety management system and the planned arrangements for its implementation; .
5instructions, which have been identified as being essential, are provided prior to sailing; and .6relevant
information on the safety management system has been given in a working language or languages
understood by the ship’s personnel. 15 VERIFICATION 15.1 All verifications required by the provisions of this
Code should be carried out in accordance with procedures acceptable to the Administration, taking into
account the guidelines developed by the Organization. 16 FORMS OF CERTIFICATES 16.1 The Document of
Compliance, the Safety Management Certificate, the Interim Document of Compliance and the Interim Safety
Management Certificate should be drawn up in a form corresponding to the models given in the appendix to
this Code. If the language used is neither English nor French, the text should include a translation into one of
these languages. 16.2 In addition to the requirements of paragraph 13.3, the ship types indicated on the
Document of Compliance and the Interim Document of Compliance may be endorsed to reflect any
limitations in the operations of the ships described in the safety management system

IMDG CODE AND Its amendments

The International Maritime Dangerous Goods or IMDG Code was adopted in 1965
as per the SOLAS (Safety for Life at Sea) Convention of 1960 under the IMO. The
IMDG Code was formed to prevent all types of pollutions at sea.

The IMDG code also ensures that the goods transported through seaways are
packaged in such a way that they can be safely transported. The dangerous
goods code is a uniform code. This means that the code is applicable to all cargo-
carrying ships around the world.

What Is IMDG CODE?

The dangerous goods code has been created as per the recommendations of the
United Nations’ panel of experts on transportation of hazardous goods along with
the IMO (International Maritime Organisation). This proposal by the UN was
presented as a report in the year 1956 after which the IMO IMDG Code was
started to be drafted in the year 1961.

Since marine transportation has undergone a lot of development and changes, it

becomes essential that the code also keeps up with the changes. This is why
there have been constant amendments to the IMDG code. The amendments are
proposed every two years, and the adoption of the amendments takes place after
two years of the proposal by the concerned authorities. The amendments are
proposed in this manner:

 The countries that are members of the IMO present the required proposal
 The UN’s expert panel then views and decides what proposals merit
immediate attention in the upcoming amendment
Shipping Dangerous Cargo
Shipping dangerous goods is a very tricky business. This is why to avoid
complications or problems while categorizing the aspect and level of danger;
there is a set of classification for dangerous goods. There are nine clauses in
which the dangerous goods are classified. The dangerous goods labels and
dangerous goods certificate for the cargo are issued as per the nine clauses
which are explained as follows:

 Classification 1 is for explosives. The same classification has six sub-

divisions for materials which pose a high explosive risk, low explosive risk,
to name a few
 Classification 2 is for gases. This clause has three sub-categories that talk
about gases that are highly inflammable, that are not inflammable and gases
that neither inflammable nor toxic
 Classification 3 is for liquids and has no sub-divisions
 Classification 4 is for solids. There are three sub-categories that deal with
highly combustible solids, self-reactive solids and solids that when interact
with water could emit toxic gases
 Classification 5 is for substances that have the chances of oxidisation
 Classification 6 is for all kinds of substances that are toxic and that could
prove to be infective
 Classification 7 is specifically for materials that are radioactive
 Classification 8 is for materials that face the threat of corrosion and
erosion
 Classification 9 is for those substances that cannot be classified under any
of the above heads but still are dangerous goods

Importance of IMDG Code for seafarers

All the crew members engaged on a ship and involved directly with dangerous
cargo carried on the ship must undergo dangerous goods course, which is based
on STCW requirements and prepared as per IMO guidance. There are several
shore-based training centres which offer dangerous goods training to handle the
IMDG cargo on a ship. Following are important points, which a seafarer must
understand under IMDG code:

 The seafarer should be able to classify dangerous goods and identify the
shipping names of dangerous goods.
 He/she should know how the particular IMDG cargo should be packed
 He should understand different types of markings, labels or placards used
to address various dangerous goods
 Must know safe practice to load/unload the cargo unit carrying the IMDG
product

 The seafarer should understand the transport documents used for

dangerous goods
 How to handle the dangerous goods when the ship is under voyage

 Inspector conduct a survey, if needed, to comply with applicable rules and

regulations
 To know the best procedure to contain and fight a fire involving dangerous
goods carried on ship

 To prepare dangerous goods loading/stowage plans considering ship

stability, safety and emergency preparedness during an unfortunate
incident.
 Understand the importance of correct dangerous goods declaration for port
authorities and land transit purpose

At present, the reach of the IMDG Code extends to about 150 countries around
the world with around 98% ships following the requirements of the code. This
figure helps us to understand the effectiveness of the code with respect to
shipping dangerous goods across the oceans and the marine life-forms that exist
therein.

Q7c) Differentiate between Emergency Towing Arrangement applicable to Oil tanker and Emergency Towing
Procedure applicable to non tanker.
1 Emergency towing arrangements on tankers 2 Emergency towing procedures on ships 1 Ships constructed
on or after 1 January 2010 shall be provided with means of embarkation on and disembarkation “Regulation
3-4 Emergency towing arrangements and procedures 1.1 Emergency towing arrangements shall be fitted at
both ends on board every tanker of not less than 20,000 tonnes deadweight. 1.2 For tankers constructed on
or after 1 July 2002: .1 the arrangements shall, at all times, be capable of rapid deployment in the absence of
main power on the ship to be towed and easy connection to the towing ship. At least one of the emergency
towing arrangements shall be pre-rigged ready for rapid deployment; and .2 emergency towing arrangements
at both ends shall be of adequate strength taking into account the size and deadweight of the ship, and the
expected forces during bad weather conditions. The design and construction and prototype testing of
emergency towing arrangements shall be approved by the Administration, based on the Guidelines developed
by the Organization*. 1.3 For tankers constructed before 1 July 2002, the design and construction of
emergency towing arrangements shall be approved by the Administration, based on the Guidelines developed
by the Organization*. * Refer to the Guidelines on emergency towing arrangements for tankers, adopted by
the Maritime Safety Committee by resolution MSC.35(63), as amended. 2.1 This paragraph applies to: .1 all
passenger ships, not later than 1 January 2010; .2 cargo ships constructed on or after 1 January 2010; and .3
cargo ships constructed before 1 January 2010, not later than 1 January 2012. 2.2 Ships shall be provided with
a ship-specific emergency towing procedure. Such a procedure shall be carried aboard the ship for use in
emergency situations and shall be based on existing arrangements and equipment available on board the
ship. 2.3 The procedure** shall include: ** Refer to the Guidelines for owners/operators on preparing
emergency towing procedures (MSC.1/Circ.1255). .1 drawings of fore and aft deck showing possible
emergency towing arrangements; .2 inventory of equipment on board that can be used for emergency
towing; .3 means and methods of communication; and .4 sample procedures to facilitate the preparation for
and conducting of emergency towing operations.”

JULY 2018

1b) short notes on ILO and UNCTAD bimco

International Labour Organisation (ILO)

Due to the unique character of seafaring, most maritime countries have special laws and
regulations covering this occupation. Consequently, the ILO, since its founding, has had
special "machinery" for seafarers. The machinery includes the Joint Maritime Commission,
which advises the Governing Body on maritime issues, and special Maritime Sessions of the
International Labour Conference (ILC), which focus solely on the preparation, and adoption of
maritime labour standards. The main focus of ILO maritime programme concerns the
promotion of the maritime labour standards. An important maritime labour instrument is the
Maritime Labour Convention; 2006, which came into force on 20th August 2013. In ports, ILO
deals with the social and labour conditions of port workers. Most of these are aimed at
improving the safety of dock work. Among the most important of these are the Dock Work
Convention, 1973 (No. 137), the Occupational Safety and Health (Dock Work) Convention,
1979 (No. 152).

United Nations Conference on Trade and Development (UNCTAD)

In the early 1960s, growing concerns about the place of developing countries in international
trade led many of these countries to call for the convening of a full-fledged conference
specifically devoted to tackling these problems and identifying appropriate international
actions. The first United Nations Conference on Trade and Development (UNCTAD) was held in
Geneva in 1964. Given the magnitude of the problems at stake and the need to address them, the
conference was institutionalized to meet every four years, with intergovernmental bodies meeting
between sessions and a permanent secretariat providing the necessary substantive and
logistical support. In recent years, UNCTAD has:
O Further focused its analytical research on the linkages between trade, investment, and
technology and enterprise development.
O Put forward a "positive agenda" for developing countries in international trade
negotiations, designed to assist developing countries in better understanding the complexity of the
multilateral trade negotiations and in formulating their positions.
O Expanded work on international investment issues, following the merger into
UNCTAD of the New York–based United Nations Centre on Transnational Corporations in 1993.
O Expanded and diversified its technical assistance, which today covers a wide
range
of areas, including training trade negotiators and addressing trade-related issues; debt
management, investment policy reviews and the promotion of entrepreneurship;
commodities; competition law and policy; and trade and environment

The Baltic and International Maritime Council (BIMCO)

From 16 to 18 February 1905, 112 distinguished gentlemen assembled in Copenhagen and
formed what is today the world’s largest and most diverse private shipping organisation
---
BIMCO. Its objective of uniting shipping interests and pursuing the issues affecting its members remain
as clear now as they were at the start. BIMCO is one of the leading interest groups and membership
organisation offering practical and tangible services to ship owners, managers, brokers, agents,
operators, associations and other entities associated with the shipping industry.
BIMCO aim is that of free trade, access to markets, trade facilitation and harmonisation,
promotion of safety and quality and security. BIMCO focus is on promotion of high shipping
standards and support of existing measures to ensure quality shipping as well as, the
standardisation of regulations and a worldwide implementation regime.
Today, BIMCO membership spans 123 countries and includes more than 2,550 companies.
Owner members alone control 65% of the world merchant fleet, while 1,500 brokers and
agents and 100 club and associate members complete BIMCO international coverage. It is on behalf
of these members that BIMCO carries out its tasks - ranging from involvement in
international debates on issues affecting the industry to providing assistance in recovering
unpaid balances. Membership in BIMCO is open to companies involved in all sectors of
shipping. Its Indian membership includes 18 owner-members operating 423 vessels of 12.6
million tons deadweight and a further 26 broker-members.

Q.2 a) Discuss the following with respect to M.S. Act:-

i) Receiver of Wreck
ii) Provisions pertaining to Misconduct endangering life of the Ship and General Offences against Discipline.
"WRECK" includes the following when found in the sea or in tidal water or on
the
shores thereof-
(a) goods which have been cast into the sea and then sink and remain
under water;
(b) goods which have been cast or fall into the sea and remain floating on
the surface;
(c) goods which are sunk in the sea, but are attached to a floating object in
order that they may be found again;
(d) goods which are thrown away or abandoned; and
(e) a vessel abandoned without hope or intention of recovery;
SECTION 391.RECEIVERS OF WRECK.-
(1) The Central Government may, by notification in the Official Gazette,
appoint any person t be a receiver of wreck (in this Part referred to as receiver
of wreck) to receive and take possession of wreck and to perform such duties
connected therewith as are hereinafter mentioned, within such local limits as
may be specified in the notification.
(2) A receiver of wreck may, by order in writing, direct that all or any of this
functions under this Part shall, in such circumstances and subject to such
conditions, if an by as maybe specified in the order, discharged by such person
as maybe specified therein and any person while discharge any such functions
shall be deemed to be a received or wreck for the purposes of this Act.
Section 392 DUTY OF RECEIVER WHERE VESSEL IS IN DISTRESS.-
Where any vessel is wrecked, stranded or in distress at any place on or near
the coasts of India, the receiver of wreck, within the limits of whose jurisdiction
the place is situation shall upon being under acquainted with the circumstance,
forthwith proceed there, and upon his arrival shall take command of all persons
present and shall assign such duties and give such directs to each person as he
thinks fit for the preservation of the vessel abed of the lives of the persons
belonging to the vessel and of its cargo and equipment: Provided that the
receiver shall not interfere between the master and the crew of the vessel in
reference to the management thereof unless he is requested to do so by the
master.
Section 393.POWER TO PASS OVER ADJOINING LANDS.-
(1) Whenever a vessel is wrecked, stranded or in distress as aforesaid, all
persons any, for the purpose of rending assistance to the vessel or of saving
thevessel, unless there is some public read equally convenient, pass and repass,
either with or without vehicles or animals, over any adjoining lands without
being subject you instruction by the owner occupier, so that they do as little
damage as possible and may also on the like condition, deposit on these lands
any cargo or other article recovered from the ship.
(2) Any damage sustained by an owner or occupier in consequence of the
exercise of the rights given by this section, shall be a charge on the vessel.
Cargo or articles in respect of by which the damage shall in case of dispute, be
determined by magistrate on application made to him in this behalf.
SECTION 394.POWER OF RECEIVER OF WRECK TO SUPPRESS PLUNDER
AND DISORDERBY FORCE.-
Whenever a vessel is wrecked, stranded or in distress as aforesaid, and any
person plunders, creates or obstructs the preservation of the vessel or of the
wrecked persons or of the cargo equipment of the vessel, the receiver of wreck
may take such steps and use such force as he, any cops order necessary for the
suppression of any such plundering, disorder or obstruction, and my for that
purpose command any person to assist him.
SECTION 395.PROCEDURE TO BE OBSERVED BY PERSONS FINDING
WRECK.-Any person finding and taking possession of any wreck within any local
limits for which there is a receiver of wreck, or bringing within such limits any
wreck which has been found and taken possession of elsewhere, shall, as soon
as practicable-
(a) if he be the owner thereof, give the receiver of wreck notice in writing of
the finding thereof and of the marks by which such wreck is distinguished;
(b) if he be not the owner of such wreck, deliver the same to the receiver of
wreck.
SECTION 396.INVESTIGATION OF CERTAIN MATTERS IN RESPECT OF
VESSELSWRECKED.-Whenever any vessel is wrecked, stranded or in distressas
aforesaid, the receiver of wreck within the local limits of whosejurisdiction the
vessel is wrecked, standard or in distress may conductan investigation into all or
any of the following matters, that is to say,-
(a) the name and description of the vessel;
(b) the names of the master and of the owners;
(c) the names of the owners of the cargo;
(d) the ports from and to which the vessel was bound;
(e) the occasion of the wrecking, standing, or distress of the vessel;
(f) the services rendered; and
(g) such other matters or circumstances relating to the vessel. The cargo or
the equipment, as the receiver thinks necessary.
SECTION 397.NOTICE TO BE GIVEN BY RECEIVER.-The receiver of wreck
shall as soon as may be after taking possession of any wreck, publish a
notification in such manner and at such place as the Central Government may,
by general or special order, direct, containing a description of the wreck and the
time at which and the place where it was found.
SECTION 398.IMMEDIATE SALE OF WRECK BY RECEIVER IN CERTAIN
CASES.-
A receiver of wreck may at any time sell any wreck in his custody if, in
his opinion,-
(a) it is under the value of five hundred rupees; or
(b) it is so much damaged or of so perishable a nature that it cannot
with advantage be kept; or
(c) it is not of sufficient value for warehousing;and the proceeds of the sale
shall, after defraying the expenses thereof, be held by the receiver for the same
purposes and subject to the same claims, rights and liabilities as if the wrack
had remained unsold
Section 190. Misconduct endangering life or ship.—No master, seaman, or
apprentice belonging to an Indian ship, wherever it may be, or to any other
ship, while in India, shall knowingly—
(a) do anything tending to the immediate loss or destruction of, or serious
damage to, the ship, or tending immediately to endanger the life of, or to cause
injury to any person belonging to or on board the ship; or
(b) refuse or omit to do any lawful act proper and requisite to be done by
him for preserving the ship from immediate loss, destruction or serious damage,
or for preserving any person belonging to or on board the ship from danger to
life or from injury.
Sections 190 to 211 of the Merchant Shipping Act, 1958 deal with the
provisions as discipline on board the ships. In case of officers normally a report
is made to the Director General of Shipping for breach of discipline on board the
ship. So as far as Seamen are concerned, Masters are authorized to impose
fines under provisions of Articles of Agreement or give adverse reports about the
seamen's conduct or ability during the voyage (Section 120 of Merchant
Shipping Act, 1958) which has to be endorsed by the Shipping Master at the
time of discharge.
The amount of fine is deducted from the wages of the seamen and paid to
Shipping Master who credits to Government account (Section 202 of Merchant
Shipping Act, 1958).

b) Enlist the Most probable Causes of Bulk Carrier Losses. What remedial actions have the Class and IMO
(SOLAS) taken towards minimizing the same.

Bulk carriers are often called the workhorses of the international shipping fleet. They can be thought of as
simple, relatively unsophisticated but nevertheless highly efficient vessels that typically transport
commodities such as grain, coal and mineral ores. If tankers provide the fuel that powers the modern
economy, bulk carriers are responsible for moving the raw materials that are its lifeblood.
In terms of size, the world’s bulk carrier fleet has three categories; ships of up to 50,000 DWT are known
as “handy-sized”; ships of 50,000 to 80,000 DWT are known as “Panamax” (being the largest ships able
to transit the Panama Canal) and ships of more than 80,000 DWT are known as “capesize”. Bulk carriers
embrace a number of variations – single or double hull, with or without their own cargo-handling
equipment – but all are characterized by the huge hatch covers that can be rolled or lifted away to reveal
to cavernous holds beneath.
Because of the nature of the cargoes they carry – often heavy, high-density commodities – accidents
involving bulk carriers have sometimes resulted in considerable loss of life. For this reason IMO has, over
a long period of time, undertaken a great deal of work to improve the safety of this type of vessel. There
is, for example, a special chapter on bulk carrier safety in the Safety of Life at Sea Convention, covering
such topics as damage stability, structural strength, surveys and loading. In a casualty analysis
undertaken recently by the International Association of Dry Cargo Ship-owners – INTERCARGO – for bulk
carriers for the ten years to 2001 it revealed that the number of ships, lives and tonnage being lost in this
sector are all decreasing. Moreover, the report has specifically identified that IMO measures such as the
Enhanced Programme of Inspections during Surveys and SOLAS chapter XII on bulk carrier safety, have
reduced the risk of fatality on new and existing ships by 50 % and 25 % respectively.

Talk about GBS

Q.3 a) What do you understand by the term “General Average”. Differentiate General and Particular Average
with at least two examples of each case.
b) State the Salient Features of York Antwerp rules 2004.
What are the Key differences between 1994 and 2004 amendments for the same?

General Average stands apart for Marine Insurance. In order for General Average to be
properly declared, 1) there must be an event which is beyond the shipowners control, which
imperils the entire adventure; 2) there must be a voluntary sacrifice, 3) there must be
something saved. The voluntary sacrifice might be the jettison of certain cargo, the use of tugs, or
salvors, or damage to the ship, be it, voluntary grounding, knowingly working the engines that will
result in damages. "General Average" requires all parties concerned in the maritime venture
(Hull/Cargo/Freight/Bunkers) to contribute to make good the voluntary sacrifice. They share the
expense in proportion to the 'value at risk" in the adventure.

"Particular Average" is the term applied to partial loss be it hull or cargo.

The law of GENERAL AVERAGEis a legal principle of maritime law

according to which all parties in a sea venture proportionally share any losses
resulting from a voluntary sacrifice of part of the ship or cargo to save the whole
adventure (voyage, the ship and the cargo) in an emergency.
.
General average requires three elements:
1. "A common danger: a danger in which vessel, cargo and crew all
participate; a danger imminent and apparently 'inevitable,' except by voluntarily
incurring the loss of a portion of the whole to save the remainder."
2. "There must be a voluntary jettison, or casting away, of some portion of
the joint concern for the purpose of avoiding this imminent peril or, in other
words, a transfer of the peril from the whole to a particular portion of the
whole."
3. "This attempt to avoid the imminent common peril must be successful".
So, we can say that there is a General Average Act, WHEN and ONLY when, any
EXTRAORDINARY SACRIFICE or EXPENDITURE is INTENTIONALLY and
REASONABLY made for THE COMMON SAFETY for the purpose of PRESERVING
FROM PERIL the property involved in a COMMON MARITIME ADVENTURE.
Examples of General Average in the present day shipping world can be:
Ø The extraordinary sacrifice could be to cut a hole in the side of the ship and
then fighting a fire through that hole. Any cargo which may be damaged as
a direct result of this fire fighting will be considered an extraordinary
sacrifice, but that which is burnt from the fire will not be considered a
sacrifice but will be a particular average claim against insurers.
Ø There can also be the cost of running the engines at high speed to remove
her from being aground. The extra fuel which is used plus the extensive
damage which this can cause the engines for running at these high speeds
will all be considered as a sacrifice in terms of a general average as if it
were not for the engines running at the high speed using the excessive fuel
plus the resulting damage to the engines, the voyage would not have been
saved.
General average is based upon the principle
That which has been sacrificed for the benefit of all
shall be made good by the contribution of all

So not all sacrifices and expenditure qualify to be averaged

and shared by other parties.
York Antwerp rules sets the guidelines of which all sacrifices
and expenditures can be included during “General Average”
and which all cannot.

How General Average works ?

Let me give an example. A loaded ship is hijacked in
Somalian waters and pirates demanded the ransom for
release of the ship. After much of negotiations the ransom
was brought down to 30,00,000 (3 Million) US dollars.
The ransom amount was delivered and the ship was
released. Let us see the break up of total expenses incurred
in releasing the ship.

Now who do you think will pay this huge amount ?

The principle of general average says that all the parties
that benefit from this sacrifice of the ship owner should pay.
But how much each one need to pay ?
Cargo owner who had small parcel on board the ship should
not pay same as other cargo owners who had huge amount
of cargo on board.
So the break up need to be in proportion of how much each
party saved from this sacrifice.
As per general average, each party will pay the same
percentage of amount that they have saved. For example of
the total value saved, 60% belongs to the ship owner. So
ship owner need to contribute 60% of the expenditures
or amount sacrificed.
Here are the general average contributions from each party
in this example.

Now in this example, I have over simplified this for the sake
of understanding but in realty these calculations can be
extremely complex.
Some can even argue if the ransom paid for piracy can give
rise to claims under general average ? All this may not be
that simple.
For example it may be that ship was taken to Somalia and
then upon release ship joined its planned route after one
day sailing.
In this case the ship owner’s expenses like fuel cost and
ship staff’s wages etc for this period also need to be shared.
But if we do not have a pre defined set of rules, the cargo
owners may refuse to share the fuel costs or crew wages.
They may say that we will only share the ransom amount.
So there need to be rules which each party will agree upon
before the start of voyage. These rules already exists and
are known as “York Antwerp rules”.
York Antwerp rules
The first version of York Antwerp rules were issued in 1890.
But it was second version of York Antwerp rules that got
much of applaud. Even though the latest version of the rules
were issued in 2004, most companies use 1994 version of
the rules.
Recently a new version of rules were issued in 2016.
York Antwerp rules has two sections. First section has rules
that are identified by the letters (Rule A, Rule B .. ). These
rules give general guidelines on what can be included in the
general average.
Second section has rules that are identified by numbers
(Rule I, Rule II .. ). These rules give specific
situations, sacrifices and expenditures that can be included
in the general average.

Let is discuss few of the important rules.

Rule Paramount
While all the rules in York Antwerp rules are named either
with a number or an alphabet, this one rule is named
differently. This is because this rule is paramount to all the
rules.

Sacrifices made by ship owners should be reasonable and

they cannot over spend. For example let us say the vessel
was towed even when the ship’s engine were working.
This would be considered as “not -reasonable” and this
amount will not be included in the general average.
What is General average act (Rule A)
What expenditures will be shared by all parties ? When we
talk about general average and York Antwerp rules, this is
most important question.
If ship owner places armed guards on board, can this be
considered as general average act ? Will these expenses be
shared between ship owner and cargo owners ?
Rule A of the York Antwerp rules defines the limits of
general average act. It says
There is a general average act, when and only
when, any extraordinary sacrifice or expenditure is
intentionally and reasonably made or incurred for
the common safety for the purpose of preserving
from peril the property involved in a common
maritime adventure
So there are four essential requirements for an action to fall
under General average.

1. The expenditure or sacrifice need to be

extraordinary
The ship owner is bound by his duty to deliver the cargo
safely at the destination. There is nothing extraordinary in
any actions that a ship owner performs to fulfill this duty.
This also answers my earlier question if placing the armed
guards would come under general average act. It won’t.
Ship owner is placing the armed guards to fulfill his duty of
delivering the goods safely.
2. The act must be intentional
If the ship ran over a wreck and to release the ship a part of
ship or the wreck need to be cut away. The expenditure
involved in this will not come under general average
because this was not intentional.
Jettisoning part of cargo to re-float the ship or flooding the
water in a hold to extinguish the fire are intentional acts.
3. The Action must be for the common safety
Let us understand the term “Common safety: with an
example.
Let us say a container ship has few of the refrigerated
containers. The referigeration system of the ship failed and
ship had to be diverted to a nearest port for repairing it to
avoid damaging this cargo.
Will the expenditures incurred by the ship owner in this case
come under general average ?
No, because the action is only for saving part cargo and not
for the common safety of ship owners and for other cargoes
loaded on ship.
For the general average, the action has to be for the
common safety.
The action of Jettisoning some cargo to avoid sinking of
entire ship is for common safety.
4. There must be a peril
If the master jettison a cargo to save the ship from sinking,
it is a peril. But if the master jettison the cargo because he
feels that the ship is overloaded, is not a peril.
Dictionary meaning of “peril” is “Grave danger”. If there is
no grave danger, general average cannot apply.
But in the context of York Antwerp rules and General
average, the interpretation of grave danger can be different.
In fact that is the difference between “a ship in distress”
and “a ship in peril“.
For example take a ship that has broken engine in the mid
sea with calm weather. The ship is not in distress but the
ship is in peril.
General average Sacrifices
The sacrifices that can be made and are included in the
general average fall under three categories.
The numbered rules gives the examples of the sacrifices
that can be included in the general average.
Jettison of cargo: Jettison of cargo will include in the
general average if the cargo was carried as per customary
trade. For example if the deck cargo was loaded on a ship
that is not allowed to load on deck, sacrifice of such cargo
will not include in the general average.
Extinguishing fire: General average will include the
damages (to ship or the cargo) because of extinguishing fire
on board.
Voluntary stranding: Damage and loss because of
intentional stranding in “common safety” is allowed to be
included in general average.
General Average Expenditures
Apart from the sacrifices, one party may spend lot of money
in the common interest of saving the ship and the cargo. As
per York Antwerp rules, these expenditures also can be
included in the general average.
Some of these expenditures can be
Salvage expenses
Port of refuse expenses
Wages of master and crew during the prolongation period
because of port of refuse
Fuel during the prolongation period because of port of
refuse
No general average for environmental
pollution (Rule C)
As per Rule C of the York Antwerp rules, the costs involved
in handling environmental pollution cannot be included in
the general average.
This is a logical rule as if the general average was to include
the environment damage claims, it would have taken the
domain of the general average too far.
It does not matter whose fault it is
(Rule D)
Let us say a vessel ran aground. The vessel had to sacrifice
(Jettison) some of the cargo to re-float it. As per rule D, the
cargo owners cannot claim that the grounding was due to
the fault of ship owners and they would not contribute to
the general average.
Irrespective of the fault which led to the event (in this case
grounding), all parties have to contribute to the general
average.
But this will not be the case if the ship was unseaworthy. If
the grounding resulted because the vessel was
unseaworthy, then ship owner cannot benefit from the
general average.
In spite of the rule D of the York Antwerp rule, US law does
not allow the navigation fault of the ship owner to be
neglected. As such most of the ship owners make sure to
include “new Jason Clause” in the bill of lading and charter
party agreement.

Application of York Antwerp rules and

General average
In most countries these rules do not have any legal force in
themselves. The York Antwerp rules and principle of general
average have legal force only if these are included in the bill
of lading or charter party agreement.
If you get to see an actual bill of lading, read the term,
conditions and clauses on the back side. Most likely you will
find a clause regarding York Antwerp and General average
there.

Recovery of general average

contribution
In “taxi fare” example, if one person refuse to pay his share
what options one can have to recover it.
May be we can let it go as the amount will not be that big.
In the perils at sea, in most of the situations it will be ship
owner who would make sacrifices and expenditure to come
out of these situations.
So how can a ship owner ensure that everyone will
contribute to general average amount that ship owner
should get.
In the maritime law a ship owner has the lien on the
cargo for the general average contribution. So ship owner
will only release the goods once he receives a guarantee
that he will get his dues. This guarantee can be in form of
General average bond
Guarantee from the underwriter
Guarantee from the bank
Cash deposit
Role of Average adjuster
Don’t go by the name. Average adjuster are not average
people. They are the expert in one field of marine insurance,
that is general average.
During a general average situations, usually a average
adjuster is appointed by one party. The role of the average
adjuster is to
Collect all the information following a general average action
Make a statement of general average contribution of each
party
Collect general average security from each party
Assist in effective settlement of the general average
Irrespective of which party has appointed average adjuster,
it is the duty of the average adjuster to be impartial towards
general average settlement.
Association of average adjusters sets the standards for the
training of average adjusters.
Conclusion
General average allows sharing of loss in an unfortunate
incident. General average is a good old maritime practice.
Not only for ship owners and other parties involved but also
for ship’s masters.
To some extent it allows the master of the ship to be a boss
and take actions what he believes is the best for that
situation.
Take an example where master need to beach the ship to
save it from sinking. Because of general average, master
would face lesser resistance from all the parties as the loss
would be shared.
In the absence of general average, condition would be
different. Master may have to convince all parties that
beaching is the only option.
Another example where master has to jettison some cargo
to save the ship. In the absence of general average, the
cargo owner might object to why his cargo was jettisoned
and not the other cargo ?
York Antwerp rules and General average has something
good for everyone involved with a ship and carriage of
cargo.

Q.4 a) Explain the contents of wheel house poster and discuss the effects of transverse thrust and pivot point
on ship handling in respect of ship in Ballast / laden condition.
b) What is the legal nature of relationship between a Master and Pilot onboard? As a Master, how will you
ensure the delegation of control on navigation to the pilot does not jeopardize the safety of the vessel?
Q.5 a) Write short notes on:
i) WORLDSCALE ii) Place of Refuge as per IMO b) Maritime Assistance Services as IMO.
Q.6 a) Elaborate the Procedures and Corresponding Master’s Role in Vetting Inspections on Oil Tankers
engaged in International Voyages?

ALL OF THE ABOVE DONE EARLIER

6b) With respect to UNCLOS, Discuss the following:
i) Provisions regarding Archipelagos.
ii) Difference between Transit Passage and Innocent Passage
iii) Functions of Flag State under Article 94
Q.7 a) Discuss the effect of High Latitudes on Compasses and various other Marine Electronic Aids.
b) With respect to ISM Code. Explain the following Terms: (any three)
i) DPA ii) SMC iii) DOC iv) Objective Evidence v) Major NC

Ans 6b)
Part IV - Archipelagic states
Article 46
Use of terms
For the purposes of this Convention:

a.
"archipelagic State" means a State constituted wholly by one or more archipelagos and may include
other islands;

b.
"archipelago" means a group of islands, including parts of islands, interconnecting waters and other
natural features which are so closely interrelated that such islands, waters and other natural features
form an intrinsic geographical, economic and political entity, or which historically have been
regarded as such.

Article 47
Archipelagic baselines
1.
An archipelagic State may draw straight archipelagic baselines joining the outermost points of the
outermost islands and drying reefs of the archipelago provided that within such baselines are included
the main islands and an area in which the ratio of the area of the water to the area of the land,
including atolls, is between 1 to 1 and 9 to 1.

2.
The length of such baselines shall not exceed 100 nautical miles, except that up to 3 per cent of the
total number of baselines enclosing any archipelago may exceed that length, up to a maximum length
of 125 nautical miles.

3.
The drawing of such baselines shall not depart to any appreciable extent from the general
configuration of the archipelago.

4.
Such baselines shall not be drawn to and from low-tide elevations, unless lighthouses or similar
installations which are permanently above sea level have been built on them or where a low-tide
elevation is situated wholly or partly at a distance not exceeding the breadth of the territorial sea from
the nearest island.
5.
The system of such baselines shall not be applied by an archipelagic State in such a manner as to cut
off from the high seas or the exclusive economic zone the territorial sea of another State.

6.
If a part of the archipelagic waters of an archipelagic State lies between two parts of an immediately
adjacent neighbouring State, existing rights and all other legitimate interests which the latter State has
traditionally exercised in such waters and all rights stipulated by agreement between those States shall
continue and be respected.

7.
For the purpose of computing the ratio of water to land under paragraph l, land areas may include
waters lying within the fringing reefs of islands and atolls, including that part of a steep-sided oceanic
plateau which is enclosed or nearly enclosed by a chain of limestone islands and drying reefs lying on
the perimeter of the plateau.

8.
The baselines drawn in accordance with this article shall be shown on charts of a scale or scales
adequate for ascertaining their position. Alternatively, lists of geographical coordinates of points,
specifying the geodetic datum, may be substituted.

9.
The archipelagic State shall give due publicity to such charts or lists of geographical coordinates and
shall deposit a copy of each such chart or list with the Secretary-General of the United Nations.

Transit Passage vs Innocent Passage

SECTION 2. TRANSIT PASSAGE

Article37

Scope of this section

This section applies to straits which are used for international navigation between one part
of the high seas or an exclusive economic zone and another part of the high seas or an
exclusive economic zone.

Article38

Right of transit passage

1. In straits referred to in article 37, all ships and aircraft enjoy the right of transit passage,
which shall not be impeded; except that, if the strait is formed by an island of a State
bordering the strait and its mainland, transit passage shall not apply if there exists seaward
of the island a route through the high seas or through an exclusive economic zone of
similar convenience with respect to navigational and hydrographical characteristics.

2. Transit passage means the exercise in accordance with this Part of the freedom of
navigation and overflight solely for the purpose of continuous and expeditious transit of
the strait between one part of the high seas or an exclusive economic zone and another
part of the high seas or an exclusive economic zone. However, the requirement of
continuous and expeditious transit does not preclude passage through the strait for the
purpose of entering, leaving or returning from a State bordering the strait, subject to the
conditions of entry to that State.

3. Any activity which is not an exercise of the right of transit passage through a strait
remains subject to the other applicable provisions of this Convention.

Article39

Duties of ships and aircraft during transit passage

1. Ships and aircraft, while exercising the right of transit passage, shall:

(a) proceed without delay through or over the strait;

(b) refrain from any threat or use of force against the sovereignty,
territorial integrity or political independence of States bordering the
strait, or in any other manner in violation of the principles of
international law embodied in the Charter of the United Nations;

(c) refrain from any activities other than those incident to their normal
modes of continuous and expeditious transit unless rendered necessary
by force majeure or by distress;

(d) comply with other relevant provisions of this Part.

2. Ships in transit passage shall:

 (a) comply with generally accepted international regulations,
procedures and practices for safety at sea, including the International
Regulations for Preventing Collisions at Sea;

(b) comply with generally accepted international regulations,

procedures and practices for the prevention, reduction and control of
pollution from ships.

3. Aircraft in transit passage shall:

(a) observe the Rules of the Air established by the International Civil
Aviation Organization as they apply to civil aircraft; state aircraft will
normally comply with such safety measures and will at all times
operate with due regard for the safety of navigation;

(b) at all times monitor the radio frequency assigned by the competent
internationally designated air traffic control authority or the
appropriate international distress radio frequency.

Article40

Research and survey activities

During transit passage, foreign ships, including marine scientific research and
hydrographic survey ships, may not carry out any research or survey activities without the
prior authorization of the States bordering straits.

Article41

Sea lanes and traffic separation schemes in straits

used for international navigation

1. In conformity with this Part, States bordering straits may designate sea lanes and
prescribe traffic separation schemes for navigation in straits where necessary to promote
the safe passage of ships.
2. Such States may, when circumstances require, and after giving due publicity thereto,
substitute other sea lanes or traffic separation schemes for any sea lanes or traffic
separation schemes previously designated or prescribed by them.

3. Such sea lanes and traffic separation schemes shall conform to generally accepted
international regulations.

4. Before designating or substituting sea lanes or prescribing or substituting traffic

separation schemes, States bordering straits shall refer proposals to the competent
international organization with a view to their adoption. The organization may adopt only
such sea lanes and traffic separation schemes as may be agreed with the States bordering
the straits, after which the States may designate, prescribe or substitute them.

5. In respect of a strait where sea lanes or traffic separation schemes through the waters of
two or more States bordering the strait are being proposed, the States concerned shall
cooperate in formulating proposals in consultation with the competent international
organization.

6. States bordering straits shall clearly indicate all sea lanes and traffic separation schemes
designated or prescribed by them on charts to which due publicity shall be given.

7. Ships in transit passage shall respect applicable sea lanes and traffic separation schemes
established in accordance with this article.

Article42

Laws and regulations of States bordering straits

relating to transit passage

1. Subject to the provisions of this section, States bordering straits may adopt laws and
regulations relating to transit passage through straits, in respect of all or any of the
following:

(a) the safety of navigation and the regulation of maritime traffic, as

provided in article 41;

(b) the prevention, reduction and control of pollution, by giving effect

to applicable international regulations regarding the discharge of oil,
oily wastes and other noxious substances in the strait;
 (c) with respect to fishing vessels, the prevention of fishing, including
the stowage of fishing gear;

(d) the loading or unloading of any commodity, currency or person in

contravention of the customs, fiscal, immigration or sanitary laws and
regulations of States bordering straits.

2. Such laws and regulations shall not discriminate in form or in fact among foreign ships
or in their application have the practical effect of denying, hampering or impairing the
right of transit passage as defined in this section.

3. States bordering straits shall give due publicity to all such laws and regulations.

4. Foreign ships exercising the right of transit passage shall comply with such laws and
regulations.

5. The flag State of a ship or the State of registry of an aircraft entitled to sovereign
immunity which acts in a manner contrary to such laws and regulations or other provisions
of this Part shall bear international responsibility for any loss or damage which results to
States bordering straits.

Article43

Navigational and safety aids and other improvements

and the prevention, reduction and control of pollution

User States and States bordering a strait should by agreement cooperate:

(a) in the establishment and maintenance in a strait of necessary navigational

and safety aids or other improvements in aid of international navigation; and

(b) for the prevention, reduction and control of pollution from ships.

Article44

Duties of States bordering straits

States bordering straits shall not hamper transit passage and shall give appropriate
publicity to any danger to navigation or overflight within or over the strait of which they
have knowledge. There shall be no suspension of transit passage.

SECTION 3. INNOCENT PASSAGE

Article45

Innocent passage

1. The regime of innocent passage, in accordance with Part II, section 3, shall apply in
straits used for international navigation:

(a) excluded from the application of the regime of transit passage

under article 38, paragraph 1; or

(b) between a part of the high seas or an exclusive economic zone and
the territorial sea of a foreign State.

2. There shall be no suspension of innocent passage through such straits.

ARTICLE 94 of UNCLOS

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

POLAR CODE
Polar Code navigation _ ShipInsight.pdf

MAY 2018

Ans 1b)
On/Off Hire Vessel Condition Surveys
On-Hire Surveys / Off-Hire Surveys of vessels or marine structures undertaken either before the vessel or
structure is delivered into a charter, or redelivered from a charter. The survey report should include a detailed
description of a vessel’s cargo spaces/deck areas structural condition, cargo space cleanliness, bunkers on
board, listing of the vessel’s statutory certificates, portable securing equipment, etc.

When discrepancies differences arise in a bunker delivery operation, the experience of the Surveyor should be
able to find the error, if any, or to give out the right figures for third party agreement.
The purpose of these On-Hire Surveys / Off-Hire Surveys is principally to determine the extent of damage,
other than fair wear and tear, which may have occurred to the ship between two dates, usually those of the
commencement and termination of charter. Whilst the determination of damage is the principle purpose of
the two requisite reports, one being at the “on hire” survey and the other at the “off hire” survey, there are
often three other requirements. These are generally:

· The checking of documents and certificates

· The establishment of quantities of fuel and stores on board

· Sometimes the establishment of the cleanliness of the cargo spaces

Visual inspection conducted at the time of delivery or re-delivery of a vessel to/from a time charter.

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

When attend to check the condition of the vessel when it is chartered from or redelivered back to the owner
which usually includes in part the structure, document and bunker, Vessel survey to get a general impression
by inspecting selected areas:
· Accommodation
· Passenger areas
· Safety equipment
· Cargo areas
· Machinery spaces etc.
· Planned Maintenance System for outstanding items
· Sample of any prearranged open spaces (tanks etc).
· Certification and Classification records to be inspected
· Brief interviews with some of the crew members

On Hire Survey and Off Hire Survey alternative choice:

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

On/Off hire vessel condition.

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

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

On/Off hire vessel rob bunker survey.

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

The survey goals are:

· ascertaining the condition of the vessel prior to delivery,
· recording any damage to hull or cargo spaces,
· certifying holds suitability for loading of the intended cargoes,
· validity of class and statutory certificates, etc.

At re-delivery, the surveyor is to ascertain whether during the time charter the vessel the vessel sustain any
damage.

The Survey

1. On or Off Hire Surveys are conducted to the extent requested by the client. If the client has not detailed
the specifics of the survey, Attachment A - On/Off Hire Survey Checklist furnished as part of this instruction is
to be used as a general guide for what is to be surveyed and recorded.

2. The information required is generally the same for On or Off Hire so a comparison can be made prior to and
after hiring a vessel out. Therefore, Attachment A - On/Off Hire Survey Checklist can to be used as a guide for
either an On or Off Hire Survey.

3. Spares, loose items and consumable stores, to the extent required by client, are to be surveyed and
recorded.

4. During the course of an Off-Hire survey, the On-Hire survey report is to be referred to in order to
determine any differences in condition (normal wear and tear excepted).

5. The Off-Hire survey shall be conducted subject to the same (or simulated) limitations encountered during
the conduct of the On-Hire survey, as set forth in the On-Hire survey report.

2A) already done

2b) Passage planning as per Solas Ch V

SOLAS Chapter 5, Annexes 24 & 25 titled “Voyage Planning” and “Guidelines for
voyage planning” respectively, give specific regulatory information with regard to
the passage plan.

Passage planning includes a complete description of the ship’s passage which is prepared
by an experienced deck officer of the ship. This is done to ensure that the ship sticks to the
required routes for reaching the port of destination.
Annex 24 - Voyage Planning

The Annex to IMO Resolution A.893(21) (See ANNEX 25), “Guidelines for Voyage Planning”, should
be followed on all vessels. The key elements of the Voyage Plan are:

Appraising all relevant information

Planning the intended voyage
Executing the plan taking account of prevailing conditions
Monitoring the vessel’s progress against the plan continuously

These notes should be read in conjunction with the IMO Guidelines for Voyage Planning.

1.) General

Investigations show that human error contributes to 80% of navigational accidents and that in
many cases essential information that could have prevented the accident was available to but not
used by those responsible for the navigation of the vessels concerned. Most accidents happen
because of simple mistakes in use of navigational equipment and interpretation of the available
information, rather than because of any deficiency in basic navigational skills or ability to use
equipment.

Masters, skippers and watchkeepers should therefore adhere to the IMO Guidelines taking the
following measures to ensure that they appreciate and reduce the risks to which they are
exposed:

a) ensure that all the vessel’s navigation is planned in adequate detail with contingency plans
where appropriate;

b) ensure that there is a systematic bridge organisation that provides for:

i) comprehensive briefing of all concerned with the navigation of the vessel;

ii) close and continuous monitoring of the vessel’s position ensuring as far as possible that
different methods of determining the position are used to check against error in any one system;

iii) cross-checking of individual human decisions so that errors can be detected and corrected as
early as possible;

iv) information available from plots of other traffic is used carefully to ensure against over-
confidence, bearing in mind that other vessels may alter course and/or speed

c) ensure that optimum and systematic use is made of all appropriate information that becomes
available to the navigational staff; and

d) ensuring that the intentions of a pilot are fully understood and acceptable to the vessel’s
navigational staff.

2.) Responsibility for Voyage planning

In most deep-sea vessels the master delegates the initial responsibility for preparing the plan for
a voyage to the officer responsible for navigational equipment and publications (hereafter
referred to as the navigating officer.) On smaller vessels, including fishing vessels, the master or
skipper may have the responsibility of the navigating officer for voyage planning purposes. Prior
to departure the navigating officer will prepare the detailed voyage plan from berth to berth in
accordance with the Guidelines and to the master’s requirements. If the port of destination is not
known or is subsequently altered, the navigating officer must extend or amend the original plan
as appropriate.

3.) Principles of Voyage planning

The four stages of Appraisal, Planning, Execution and Monitoring logically follow each other. An
appraisal of all information available must be made before detailed plans can be drawn up and a
plan must be in existence before tactics for its execution can be decided upon. Once the plan and
the manner in which it is to be executed have been decided, monitoring must be carried out to
ensure that the plan is followed.

4.) Appraisal is the process of gathering all information relevant to the proposed voyage,
including ascertaining risks and assessing its critical areas. The Guidelines list the items that
should be taken into account.

An overall assessment of the intended voyage should be made by the master, in consultation
with the navigating officer and other deck officers who will be involved, after all relevant
information has been gathered. This appraisal will provide the master and his bridge team with a
clear and precise indication of all areas of danger, and delineate the areas in which it will be
possible to navigate safely taking into account the calculated draught of the vessel and planned
under-keel clearance. Bearing in mind the condition of the vessel, her equipment and any other
circumstances, a balanced judgement of the margins of safety which must be allowed in the
various sections of the intended voyage can now be made, agreed and understood by all
concerned.

Once a full appraisal has been carried out the navigating officer carries out
the Planning process, acting on the master’s instructions. The detailed plan should cover the
whole voyage, from berth to berth, and include all waters where a pilot will be on board. The
plan should be completed and include all the relevant factors listed in the Guidelines.

The appropriate charts should be marked clearly showing all areas of danger and the intended
track taking into account the margins of allowable error. Where appropriate, due regard should
be paid to the need for advanced warning to be given on one chart of the existence of a
navigational hazard immediately on transfer to the next. The planned track should be plotted to
clear hazards at as safe a distance as circumstances allow. A longer route should always be
accepted in preference to a shorter more hazardous route. The possibility of main engine or
steering gear breakdown at a critical moment must not be overlooked.

Additional information which should be marked on the charts include:

 All radar-conspicuous objects and RACONs, which may be used in radar position fixing.

 Any transit marks, clearing bearings or clearing ranges (radar) which may be used to
advantage. It is sometimes possible to use two conspicuous clearing marks where a line
drawn through them runs clear of natural dangers with the appropriate margin of safety;
if the vessel proceeds on the safe side of this transit she will be clear of the danger. If no
 clearing marks are available, a line or lines of bearing from a single object may be drawn
at a desired safe distance from the danger; provided the vessel remains in the safe
segment, it will be clear of the danger. Parallel index lines should also be drawn where
appropriate.

If an electronic chart system is used to assist voyage planning the plan should also be drawn up
on the paper charts. Where official (ENC) vector data is available an ECDIS provided with fully
compliant ENC data for the vessel’s voyage may be used instead of paper charts. Raster Chart
Display Systems (RCDS) using official and up to date Raster charts can be used in conjunction
with paper charts to assist voyage planning and route monitoring. Hazards should be marked on
the RCDS as well as on the paper chart. Systems that use unofficial chart data should not be
used for voyage planning or navigation.

Depending on circumstances, the main details of the plan should be marked in appropriate and
prominent places on the charts to be used during the voyage. They should also be programmed
and stored electronically on an ECDIS or RCDS where fitted. The main details of the voyage plan
should also be recorded in a bridge notebook used specially for this purpose to allow reference to
details of the plan at the conning position without the need to consult the chart. Supporting
information relative to the voyage, such as times of high and low water, or of sunrise or sunset,
should also be recorded in this notebook.

It is unlikely that every detail of a voyage will have been anticipated, particularly in pilotage
waters. Much of what will have been planned may have to be adjusted or changed after
embarking the pilot. This in no way detracts from the real value of the plan, which is to mark out
in advance, areas where the vessel must not go and the appropriate precautions which must be
taken, and to give initial warning that the vessel is standing into danger.

5.) Execution of the finalised the voyage plan should be carried out taking into account the
factors listed in the Guidelines. The Master should take into account any special circumstances
which may arise, such as changes in weather, which may require the plan to be reviewed or
altered.

6.) Monitoring of the vessel’s progress along the pre-planned track is a continuous process. The
officer of the watch, whenever in any doubt as to the position of the vessel or the manner in
which the voyage is proceeding, should immediately call the master and, if necessary, take
appropriate action for the safety of the vessel.

The performance of navigational equipment should be checked prior to sailing, prior to entering
restricted or hazardous waters and at regular and frequent intervals at other times throughout
the voyage.

Advantage should be taken of all the navigational equipment with which the vessel is fitted for
position monitoring, bearing in mind the following points:

a.) positions obtained by electronic positioning systems must be checked regularly by visual
bearings and transits whenever available;

b.) visual fixes should, if possible, be based on at least three position lines;

c.) transit marks, clearing bearings and clearing ranges (radar) can be of great assistance;
d.) it is dangerous to rely solely on the output from a single positioning system;

e.) the echo sounder provides a valuable check of depth at the plotted position;

f.) buoys should not be used for position fixing but may be used for guidance when shore marks
are difficult to distinguish visually; in these circumstances their positions should first be checked
by other means;

g.) the charted positions of offshore installations should be checked against the most recent
navigational notices;

h.) the functioning and correct reading of the instruments used should be checked;

i.) account must be taken of any system errors and the predicted accuracy of positions displayed
by electronic position fixing systems; and

j.) the frequency at which the position is to be fixed should be determined for each section of the
voyage.

Each time the vessel’s position is fixed and marked on the chart in use, the estimated position at
a convenient interval of time in advance should be projected and plotted. With ECDIS or RCDS
care should be taken to ensure that the display shows sufficient “look-ahead” distance and that
the next chart can be readily accessed.

Radar can be used to advantage in monitoring the position of the vessel by the use of parallel
indexing, which is a simple and most effective way of continuously monitoring that a vessel is
maintaining its track in restricted coastal waters. Parallel indexing can be used in any situation
where a radar-conspicuous navigation mark is available and it is practicable to monitor
continuously the vessel’s position relative to such an object. It also serves as a valuable check on
the vessel’s progress when using an electronic chart.

7.) Pilotage

The Plan covers the voyage from berth to berth and therefore includes the Pilotage stage. The
IMO Guidelines do not give specific advice on this important stage therefore the following notes
should be taken into consideration when planning and executing the pilotage stages.

Pilots make a significant contribution to the safety of navigation in the confined waters and port
approaches of which they have up to date knowledge, but it must be stressed that the
responsibilities of the vessel’s navigational team and the officer of the watch do not transfer to
the pilot. After boarding the vessel, in addition to being advised by the master of the
manoeuvring characteristics and basic details of the vessel for its present condition, the pilot
should be clearly consulted on the voyage plan to be followed. The general aim of the master
should be to ensure that the expertise of the pilot is fully supported by the vessel’s bridge team.

Attention is drawn to the following extract from IMO Resolution A.285 (VIII):

“Despite the duties and obligations of a pilot, his presence on board does not relieve the officer
of the watch from his duties and obligation for the safety of the vessel. He should co-operate
closely with the pilot and maintain an accurate check on the vessel’s position and movements. If
he is in any doubt as to the pilot’s actions or intentions, he should seek clarification from the pilot
and if doubt still exists he should notify the master immediately and take whatever action is
necessary before the master arrives.”

8.) Weather Routeing Services

Regulation 34.2.3 specifies “adverse weather conditions” as one of the principal considerations that
should be used by masters when formulating the voyage plan. Weather Routeing Services are
available to mariners but they are largely unregulated and in some cases operate as an
enhancement for commercial expedience rather than directly as a safety precaution. Safer use of
Weather Routeing Services can be achieved by increased dialogue between ship’s masters and
their weather routeing service providers and through a continuous review of the information that
is provided by them. MSC/Circ.1063 itemises the minimum standards that should be adhered to
for the provision of Weather Routeing Services.

9.) Small vessels and pleasure craft

Regulation 34 applies to all vessels but the degree of voyage planning may sensibly be less for
small vessels and pleasure craft. There is still a need for prior planning but the plan need not be
written down. The following should particularly be taken into account when planning a boating
trip:

 weather: before you go boating, check the weather forecast and get regular updates if
you are planning to be out for any length of time.
 tides: check the tidal predictions for your trip and ensure that they fit with what you are
planning to do.

 limitations of the vessel: consider whether your boat is up to the proposed trip and that
you have sufficient safety equipment and stores with you.

 navigational dangers: make sure that you are familiar with any navigational dangers you
may encounter during your boating trip. This generally means checking an up to date
chart and a current pilot book or almanac.

 contingency plan: always have a contingency plan should anything go wrong. Before you
go, consider bolt holes and places where you can take refuge should conditions
deteriorate or if you suffer an accident or injury. Bear in mind that your GPS set is
vulnerable and could fail at any time. It is sensible and good practice to make sure that
you are not over-reliant on your GPS set and that you can navigate yourself to safety
without it should it fail you.

 information ashore: make sure that someone ashore knows your plans and knows what to
do should they become concerned for your well being. The Coastguard Voluntary Safety
Identification Scheme (commonly known as CG66) is also free and easy to join.

Although Regulation 34 only applies when proceeding to sea, small craft users should adhere to
the voyage planning principles when also sailing in categorised waters.

10.) Other publications

In addition to the IMO Guidelines mariners are also referred to the following publications which
contain valuable advice on bridge watchkeeping in general and voyage planning in particular:

“Bridge Team Management - A practical guide” published by the Nautical Institute and

“Bridge Procedures Guide” published by the International Chamber of Shipping.

Annex 25 - Guidelines for Voyage Planning - IMO Resolution A.893(21)

CONTENTS

Resolution text

Annex- Draft guidelines for Voyage Planning

1. Objectives
2. Appraisal

3. Planning

4. Execution

5. Monitoring

RESOLUTION A.893(21) adopted on 25 November 1999

Guidelines For Voyage Planning

THE ASSEMBLY,

RECALLING Article 15(j) of the Convention on the International Maritime Organization concerning
the functions of the Assembly in relation to regulations and guidelines concerning maritime
safety and the prevention and control of marine pollution from ships,

RECALLING ALSO section A-VIII/2, Part 2 (Voyage planning) of the Seafarers' Training,
Certification and Watchkeeping Code,

RECALLING FURTHER the essential requirements contained in the International Convention on

Standards of Training, Certification and Watchkeeping for Seafarers and the International
Convention for the Safety of Life at Sea concerning voyage planning, including those relating to
officers and crew, shipborne equipment, and safety management systems,

RECOGNIZING the essential importance for safety of life at sea, safety of navigation and
protection of the marine environment of a well planned voyage, and therefore the need to update
the 1978 Guidance on voyage planning issued as SN/Circ.92,

NOTING the request of the Assembly in resolution A.790(19) that the Maritime Safety Committee
consider the issue of voyage planning in conjunction with its review of the Code for the Safe
Carriage of Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes in Flasks on
Board Ships (INF Code), and the Committee's decision that consideration of the issue of voyage
planning should not be restricted to vessels carrying materials subject to the INF Code but should
apply to all ships engaged on international voyages,

HAVING CONSIDERED the recommendation made by the Sub-Committee on Safety of Navigation

at its forty-fifth session:

1.) ADOPTS the Guidelines for voyage planning set out in the Annex to the present resolution;

2.) INVITES Governments to bring the annexed Guidelines to the attention of masters of vessels
flying their countries' flag, shipowners, ship operators, shipping companies, maritime pilots,
training institutions and all other parties concerned, for information and action as appropriate;

3.) REQUESTS the Maritime Safety Committee to keep the said Guidelines under review and to
amend them as appropriate.

ANNEX 25

Draft Guidelines For Voyage Planning

1.) Objectives

1.1) The development of a plan for voyage or passage, as well as the close and continuous
monitoring of the vessel's progress and position during the execution of such a plan, are of
essential importance for safety of life at sea, safety and efficiency of navigation and protection of
the marine environment.

1.2) The need for voyage and passage planning applies to all vessels. There are several factors
that may impede the safe navigation of all vessels and additional factors that may impede the
navigation of large vessels or vessels carrying hazardous cargoes. These factors will need to be
taken into account in the preparation of the plan and in the subsequent monitoring of the
execution of the plan.

1.3) Voyage and passage planning includes appraisal, i.e. gathering all information relevant to
the contemplated voyage or passage; detailed planning of the whole voyage or passage from
berth to berth, including those areas necessitating the presence of a pilot; execution of the plan;
and the monitoring of the progress of the vessel in the implementation of the plan. These
components of voyage/passage planning are analysed below.

2.) Appraisal

2.1) All information relevant to the contemplated voyage or passage should be considered. The
following items should be taken into account in voyage and passage planning:

2.1.1) the condition and state of the vessel, its stability, and its equipment; any operational
limitations; its permissible draught at sea in fairways and in ports; its manoeuvring data,
including any restrictions;

2.1.2) any special characteristics of the cargo (especially if hazardous), and its distribution,
stowage and securing on board the vessel;
2.1.3) the provision of a competent and well-rested crew to undertake the voyage or passage;

2.1.4) requirements for up-to-date certificates and documents concerning the vessel, its
equipment, crew, passengers or cargo;

2.1.5) appropriate scale, accurate and up-to-date charts to be used for the intended voyage or
passage, as well as any relevant permanent or temporary notices to mariners and existing radio
navigational warnings;

2.1.6) accurate and up-to-date sailing directions, lists of lights and lists of radio aids to
navigation; and

2.1.7) any relevant up-to-date additional information, including:

2.1.7.1) mariners' routeing guides and passage planning charts, published by competent
authorities;

2.1.7.2) current and tidal atlases and tide tables;

2.1.7.3) climatological, hydrographical, and oceanographic data as well as other appropriate

meteorological information;

2.1.7.4) availability of services for weather routeing (such as that contained in Volume D of the
World Meteorological Organization's Publication No. 9);

2.1.7.5) existing ships' routeing and reporting systems, vessel traffic services, and marine
environmental protection measures;

2.1.7.6) volume of traffic likely to be encountered throughout the voyage or passage;

2.1.7.7) if a pilot is to be used, information relating to pilotage and embarkation and

disembarkation including the exchange of information between master and pilot;

2.1.7.8) available port information, including information pertaining to the availability of shore-
based emergency response arrangements and equipment; and

2.1.7.9) any additional items pertinent to the type of the vessel or its cargo, the particular areas
the vessel will traverse, and the type of voyage or passage to be undertaken.

2.2) On the basis of the above information, an overall appraisal of the intended voyage or
passage should be made. This appraisal should provide a clear indication of all areas of danger;
those areas where it will be possible to navigate safely, including any existing routeing or
reporting systems and vessel traffic services; and any areas where marine environmental
protection considerations apply.

3.) Planning

3.1) On the basis of the fullest possible appraisal, a detailed voyage or passage plan should be
prepared which should cover the entire voyage or passage from berth to berth, including those
areas where the services of a pilot will be used.

3.2) The detailed voyage or passage plan should include the following factors:

3.2.1) the plotting of the intended route or track of the voyage or passage on appropriate scale
charts: the true direction of the planned route or track should be indicated, as well as all areas of
danger, existing ships' routeing and reporting systems, vessel traffic services, and any areas
where marine environmental protection considerations apply;

3.2.2) the main elements to ensure safety of life at sea, safety and efficiency of navigation, and
protection of the marine environment during the intended voyage or passage; such elements
should include, but not be limited to:

3.2.2.1) safe speed, having regard to the proximity of navigational hazards along the intended
route or track, the manoeuvring characteristics of the vessel and its draught in relation to the
available water depth;

3.2.2.2) necessary speed alterations en route, e.g., where there may be limitations because of
night passage, tidal restrictions, or allowance for the increase of draught due to squat and heel
effect when turning;

3.2.2.3) minimum clearance required under the keel in critical areas with restricted water depth;

3.2.2.4) positions where a change in machinery status is required;

3.2.2.5) course alteration points, taking into account the vessel's turning circle at the planned
speed and any expected effect of tidal streams and currents;

3.2.2.6) the method and frequency of position fixing, including primary and secondary options,
and the indication of areas where accuracy of position fixing is critical and where maximum
reliability must be obtained;

3.2.2.7) use of ships' routeing and reporting systems and vessel traffic services;

3.2.2.8) considerations relating to the protection of the marine environment; and

3.2.2.9) contingency plans for alternative action to place the vessel in deep water or proceed to a
port of refuge or safe anchorage in the event of any emergency necessitating abandonment of
the plan, taking into account existing shore-based emergency response arrangements and
equipment and the nature of the cargo and of the emergency itself.

3.3) The details of the voyage or passage plan should be clearly marked and recorded, as
appropriate, on charts and in a voyage plan notebook or computer disk.

3.4) Each voyage or passage plan as well as the details of the plan, should be approved by the
ships' master prior to the commencement of the voyage or passage.

4.) Execution
4.1) Having finalized the voyage or passage plan, as soon as time of departure and estimated
time of arrival can be determined with reasonable accuracy, the voyage or passage should be
executed in accordance with the plan or any changes made thereto.

4.2) Factors which should be taken into account when executing the plan, or deciding on any
departure therefrom include:

4.2.1) the reliability and condition of the vessel's navigational equipment;

4.2.2) estimated times of arrival at critical points for tide heights and flow;

4.2.3) meteorological conditions, (particularly in areas known to be affected by frequent periods

of low visibility) as well as weather routeing information;

4.2.4) daytime versus night-time passing of danger points, and any effect this may have on
position fixing accuracy; and

4.2.5) traffic conditions, especially at navigational focal points.

4.3) It is important for the master to consider whether any particular circumstance, such as the
forecast of restricted visibility in an area where position fixing by visual means at a critical point
is an essential feature of the voyage or passage plan, introduces an unacceptable hazard to the
safe conduct of the passage; and thus whether that section of the passage should be attempted
under the conditions prevailing or likely to prevail. The master should also consider at which
specific points of the voyage or passage there may be a need to utilize additional deck or engine
room personnel.

5.) Monitoring

5.1) The plan should be available at all times on the bridge to allow officers of the navigational
watch immediate access and reference to the details of the plan.

5.2) The progress of the vessel in accordance with the voyage and passage plan should be
closely and continuously monitored. Any changes made to the plan should be made consistent
with these Guidelines and clearly marked and recorded.

Q3a) when towage become salvage

Towage differs from the carriage of goods in that under a towage situation
one vessel which is self-propelled generally tows one or more vessels, usually
barges that are not self-propelled. Towage is ―[t]he supplying of power by a
vessel, to draw anotherǁ vessel. The key determination between towing and
salvage is whether a peril exists. Simply put, if the vessel is not in ―perilǁ then
it is not salvage. If a vessel is simply providing a service, i.e. fuel, tow,
assistance, then it is likely a tow.
A contract or three elements are necessary to a valid salvage claim:
1. A marine peril.
2. Service voluntarily rendered when not required as an existing duty or from
a special contract.
3. Success in whole or in part, or that the service rendered contributed to
such success.
Therefore, as described above a vessel must be in trouble, danger, or
specifically ―peril.ǁ For example if it is a soft aground the danger may not be
described as peril, however if it is hard aground then the danger may fall into
the realm of ―peril.ǁ When a vessel is in this perilous state the salvager must be
doing so voluntarily, not under a duty like the coast guard or other similar
mechanism.
Finally, the salvage must be successful.
A criterion for whether a towing vessel has become a salving vessel is ―have
there been supervening circumstances which would justifying her in abandoning
her contract?ǁ — Not the tow, but abandoning the contract to tow.
It must be ascertained as to whether the services that were to be rendered
eventually by the tug such as to have been beyond the reasonable
contemplation of the parties when they originally negotiated the towage
contract.
It is beyond doubt that towage and salvage services cannot be performed
concurrently. One must finish before the other starts.
Definite guidelines have been established in the courts(1928 The Homewood
case) to determine where the towage stops and salvage starts. For the tug
owner to consider rightly that he had taken on the role of salvor it is essential
that:
a) the services he performed were of such an extraordinary nature that they
could not have been within the reasonable contemplation of the parties to the
original towage contract.
b) the services in fact performed and the risks in fact would not have been
reasonably remunerated if the contractual remuneration only was paid.
In short, mere difficulty in the performance of the towage does not
automatically ‗convert‘ the towage into salvage. The burden of proof is heavy
and lies upon the tug owner claiming the salvage reward. He must show that the
nature of the service changed from towage to salvage through no fault or want
of skill on his part and simply and solely by accident or fortuitous circumstances
over which he had no control.

The definition of towage is ―the employment of one vessel to expedite the

voyage
of another when nothing more is required than the accelerating of her progressǁ
suggests that the dividing line between towage and salvage is crossed as soon
as anything more than mere acceleration is required. It may perhaps be best to
distinguish the two contracts by seeing the main differences between them.
Differences between towage and salvage can be summarised as
follows:
Ø Need for a contract.
Ø No need for success.
Ø Absence of a lien.
Ø Danger.
Ø Voluntariness.
􀀀 Need for a contract:- Although there is nothing to prevent one vessel
gratuitously giving another a tow, the right of a tug or other towing vessel
to payment always depends on contract whether express or implied.
􀀀 No need for success:- The need for success is a characteristic of salvage,
but not of towage. It is a necessary element of a salvage claim because
salvage awards are paid out of, and cannot exceed, the value of the salved
property.
􀀀 Absence of lien:- There is no maritime lien upon the tow for the payment
of the price fixed by the towage contract whereas a salver has a maritime
lien over property salved.
􀀀 Danger:- A further distinction is the element of danger. While a situation of
danger does not prevent a mere towage contract, the element of danger is
crucial to a successful salvage claim.
􀀀 Voluntariness:- The requirement that the services rendered must be of a
voluntary character has been an obstacle to several categories of claimant,
amongst them tug owners.
􀀀 Can Towage and Salvage Co-exist?:- Where a tug is engaged under a
towage contract to perform a towage operation that service to be performed
by the tug will not constitute salvage. However where the tug has to
perform some service which is outside and beyond the scope of the towage
contract in circumstances of danger then that will constitute salvage.
􀀀 MSA and Salvage:- Salvage payable for saving life, cargo or wreck
Where services are rendered:
o Wholly or in part within the territorial waters of India in saving life from
any vessel, or elsewhere in saving life from a vessel registered in India;
or
o In assisting a vessel or saving the cargo or equipment of a vessel which
is wrecked, stranded or in distress at any place on or near the coasts of
India; or
o By any person other than the receiver of wreck in saving any wreck,
there shall be payable to the salver by the owner of the vessel,
cargo, equipment or wreck, a reasonable sum for salvage having
regard to all the circumstances of the case. Salvage in respect of
the preservation of life when payable by the owner of the vessel
shall be payable in priority to all other claims for salvage.
MARINE TOWAGE VERSUS SALVAGE
A towage service is the employment of a vessel to aid the actions of another or to help facilitate the
process of another for remuneration purposes. In simple terms towage can be said to be the instance
where services of one vessel is needed to help another vessel navigate a course. Usually when
navigating certain restricted courses or within port areas, the services of another vessel would be
needed.
TOWAGE VERSUS SALVAGE

Towage is usually necessary when a vessel is in restricted waters, vessels that are not self propelled would
also need towage. When in a nation’s port, towage is compulsory and would usually be from the anchorage
(the area of sea just beyond the breakwaters of a port) to any designated area in the port. The vessel providing
this service is known as the tug (Tug boat) and the vessel that receives the service is the tow.
During a port towage operation, the tug becomes a servant of the tow and takes instruction from the towed.
In this regards, the tow is vicariously liable for the tug in times of damages caused. The tug must however be
sea worthy, manned with skilled crew and must have provided its services with all reasonable care without
negligence. With towage operations on the high seas, the tug’s master is in charge.
The tow on the other hand has the duty of utmost good faith to disclose its rightful location and condition to the
tug. Towage is a contract and therefore the tow pays the tug.
Salvage on the other hand is an activity or operation to assist a vessel or property in danger for a fee.The
operation which could include towing,re-floating etc happens so quick that the activity is carried out before any
contract or agreement is reached. The basic reason is that when a vessel is in danger immediate action is
required to assist it and there may not be time for a contract. A salvage act also operates on the principle of “no
cure no pay” which means that, the salvage operation must be successful and if not there would be no
reward.This principle made salvors shy away from high risk salvage operation hence a special compensation
has been put in place to reward an operation which might have prevented pollution to the environment even
though the vessel or value of the actual property might have been lost.
Towage and salvage are a bit similar, the main difference is that in salvage, the vessel must be in danger.
There are however, instances where a towage operation turns into a salvage activity.
When towage turns to salvage.. A towage turns salvage if during a towage operation it is determined that
the vessel or tow is in danger, the purpose of the operation then shifts from just aiding a vessel through a
course to assisting it out of danger. The caveat however is that, this danger must be unforeseen before the
commencement of the initial towage contract otherwise it would still remain towage.
3b) already done – GA

4b) The master of a ship must amongst other thing ensure the safety of the ship, of all on board and of all
who are threatened in any way by the proximity or operations of other ships. In the execution of his duties, he
is entitled to the full co-operation and assistance from his officers and other members of his crew. All
on board must go about their tasks in accordance with those ordinary practices of seamen that have been
tried and tested over a long period of time i.e. the well understood standards of seamanship that safeguard
against accident or error. It is the master’s responsibility to ensure that the crew support the pilot in his
duties and the master may delegate the authority for this to the officer of the watch or other appropriate
officers. It is the responsibility of the master, officers and other members of the crew to pass on all relevant
information, including defects and peculiarities, to the pilot and to keep a proper lookout. The duty has been
interpreted by the courts to include the duty to report all material circumstances and facts which might
influence the pilot’s actions, even if the pilot is in a position where he ought to be able to see things clearly
for himself. Where, in the master’s opinion, the situation developing is obviously dangerous, it is his duty to
draw the pilot’s attention to the risk and, if necessary in his judgment, take over the conduct of the vessel.
The master is not justified in doing nothing. The duty in of the pilot is to direct the navigation of the ship, and
to conduct it so far as the course of the ship is concerned. He has no other power on board. The common law
relationship between master and pilot is such that, when the latter is legally responsible for his own actions
and the is restricted to circumstances where there is clear evidence of the pilot’s incurring his own liability, is
restricted to circumstances where incurring his own liability, is restricted to circumstances where there is clear
evidence of the pilot’s inability or incompetence.
“TO CONDUCT A SHIP” MUST NOT BE CONFUSED WITH BEING IN COMMAND OF A SHIP’.
The first expression refers to action, to a personal service being performed; the second to power. The
question whether a pilot has control of navigation is a question of fact and not of law. The fact that a pilot has
been given control of the ship for navigational purposes does not mean that the pilot has superseded the
master. The master is, and remains, in command; he is the authority to subordinates and to outside, delegate
part of his authority to subordinates and to outside assistants whom he employs to navigate his ship i.e.
pilots. A delegation of power is not an abandonment of authority, but one way of exercising authority.
However, laws of most foreign countries provide that a pilot whose employment is compulsory is not
regarded as having control of navigation of ship, but has his duties restricted to advising the master of local
conditions affecting safe navigation.
Voluntary and Compulsory Pilots
The pilot must, of course, possess many of the mariner’s skills including knowledge of the Rules of the Road,
navigation, and the use of all forms of navigation equipment. A clear distinction must be made between
voluntary and compulsory pilots.
A voluntary pilot is one engaged for the convenience of the vessel. A North Sea pilot employed to take a ship
between the Rotterdam and Bremerhaven sea buys would be one example of a voluntary pilot. No statue
requires a ship to have a pilot aboard but the master or owner hires the pilot to aid in making the
passage expeditiously. The owner, through the master, has great control over the voluntary pilot.
The pilot need not be hired in the first place, or the pilot’s services can be rejected during the passage and the
vessel continues to her destination. The voluntary pilot is in a significantly different position aboard ship than
the compulsory pilot, practically speaking the master can feel much freer to advise or relieve a voluntary pilot
the voluntary pilot is in much the same position as the ship’s mates.
A compulsory pilot, on the other hand, is one that is required by law to be aboard while the ship is navigating
certain specified areas. Penalties such as fines or imprisonment, or both, are the hallmarks of compulsory
Pilotage laws. If a ship is allowed by hallmarks of compulsory services of a pilot provided she pays a portion of
the Pilotage fee and the Pilotage is not compulsory. The relationship between master and compulsory pilot is
in many ways unique in that it is usually defined by custom, practice, and statute rather than contract. While
the pilot is generally neither an employee of the ship nor a member of her crew, he is ultimately subordinate
to the member of her crew, he is ultimately subordinate to the master, although the degree of subordination
is less than popularly perceived. The public and the industry benefit equally from this working arrangement
and from the degree of overlapping responsibility that compels both pilot and master to be concerned about
a vessel’s safety.
The compulsory pilot is not aboard in a purely advisory capacity. That pilot is in charge of the navigation of the
ship while aboard and the ship’s crew is required to obey the compulsory pilot’s orders relating to navigation
unless the Master determines it is necessary to intercede for reasons yet to be discussed. A
compulsory pilot is responsible for his own actions and receives a significant fee because of this responsibility.
In the presence of the compulsory pilot, a master’s responsibility is not total and forever. Both master and
pilot have a job to do and bear an unusual degree of responsibility not only to the vessel, cargo, and crew, but
also the public.
An exception is found to the traditional master/ pilot relationship at thePanama Canal. The Panama Canal
Commission accepts a greater degree of liability in exchange for greater control of ship’s navigation in that
strategic waterway. Inside the locks of the Panama Canal, Commission is liable for payment for injuries to the
vessel, cargo, crew, or passengers arising out of a passage through unless the Commission shows that the
injury was caused by a negligent act of the vessel. Outside the locks the Commission passengers when
such injuries are proximately caused by the negligence or fault of a Canal Commission employee… provided
that in the case of a ship required to have a Panama Canal pilot on duty on duty. Damages are only payable if
at the time of injury the navigation was under the control of the Panama Canal pilot. Shipmasters should be
aware of the manner in which the traditional master/ pilot relationship is distorted in the special
circumstance.
The master retains overall responsibility for the vessel and her operation, for having a competent watch on
duty and seeing that they perform their work efficiently, for being sure a proper lookout is maintained, and
for compliance with all regulations and statues including the Rule of the Road (COLREGS). The master’s
authority is never completely in abeyance even while a pilot (compulsory or not) has immediate charge of the
ship’s navigation. The master is also responsible for his own professional competency, including having
sufficient knowledge and experience to be able to judge the pilot’ s performance and recognize significant
pilot error, and to have studied and the local waters and be able to recognize known and published dangers.
The master has a duty to advise or relieve a pilot in cases of:
Ø Intoxication
Ø Gross incompetence to perform the task at hand
Ø When the vessel is standing into danger that is not obvious to the pilot
Ø When the pilot’s actions are in error due to a lack of appreciation of particular circumstances, including the
limitations of the particular ship being handled In carrying out these responsibility the master may either
advise or relieve the pilot, at the master’s discretion, in practice, there is a real burden upon the
master to justify relieving the pilot should some casualty result so the action Of relieving must not be
arbitrary, there are several ways to do a job and, while admittedly some are more expeditious than others,
the master must not relieve the pilot simply should only be relieved when the master feels, based upon
professional experience and training, that the vessel, crew, or cargo is being placed in real and imminent
danger because of that pilot’ s present course of action. On the other hand, the master is negligent if action is
not taken when required. The master first objects to an action, then recommends an alternative and only in
the rare case when the pilot refuses to accept a recommendation does the master relieve a pilot in a timely
manner – while it is still possible to avoid an accident.
The decision about when to become involved is more difficult than the absolute problem of whether it is
necessary to do so. There is a natural reluctance to act because of the ramifications in case of a casualty, yet
the question of the timing is most critical, Relief usually occurs when it is too late- when the situation has
deteriorated so far that even the most competent ship handler could not correct matters and the master’s
efforts then only complicate an already bad situation. There is no equipment that a ship be in extremis before
the pilot is relieved, only that the master foresees danger should a present course of action continue. It is
imperative that the master be sufficiently skilled in ship handling to recognize a problem early, and have
sufficient confidence in those skills to take prompt and decisive action if it is necessary to relieve a pilot. The
correctness of action taken reflects the training and experience that a master has had and it is too late to
compensate for years of neglect in this area at such a time. The decision to relieve a pilot is not an easy one,
but a master who instead stands by as the vessel heads for certain catastrophe remains a responsibility party
ad must take action. It is a judgment that can only be made based on professional experience and is but one
example of why the title “shipmaster” bears a connotation of unusual responsibility.

Check List of Items to be agreed between the Master and the Pilot
1. Navigation Advice to Pilot
O Vessel’s heading, speed, RPM. (speed increasing/ decreasing)
O Distance off/ bearing of nearest appropriate navigating/ aid or landmark
O ETA at next course change position, next course/ heading
O Point out converging and close – by traffic
O Depth of water under the keel
O Any other items
Reach Agreement on Underway Procedures
O Manoeuvres for narrows, bends, turns, etc
O Courses/ headings, distance off danger areas, maximum speed
O Restrictions: day versus night movement/ berthing
O Tide and current conditions not acceptable
O Minimum acceptable visibility at any point
O Use of anchor (planned, emergency)
O Manoeuvres not requiring tugs
O Manoeuvres requiring tugs
O Number of tugs required (and when)
O Source of tug securing lines: ship or tug
O Push/ pull power of required tugs
O Communications procedure between vessel and tugs
O Placement of tugs alongside
O Crew standby requirement – number available and stations
O Expected time vessel has to arrive at berth/ turning basin at high / low / slack water average speed
to his positions
O Any other items
3. Reach Agreement on Mooring / Unmooring Procedures
O Maximum acceptable wind force and direction
O Unmooring procedures without tugs in event of emergency
O Sequence of running out/retrieving-mooring lines / Wires
O Mooring lines to be run out by launch and time to run lines
O Provision for dock line handlers
O Determine which side to
O Fire wires required
O Any other items

VICARIOUS LIABILITY

1. Neither the Authority nor the pilot is liable for loss or damage caused by
anything done or omitted by the pilot in good faith whilst performing his or
her functions in terms of the Act.
2. Notwithstanding any other provision of this Act, the pilot is deemed to be the
servant of the owner or master of the vessel under pilotage and such owner
or master is liable for the acts or omissions of the pilot.

In light of clause 1 above, in the event of damage caused to a vessel or by a vessel

whilst under the control of a pilot, the pilot’s liability, and the National Ports
Authority’s vicarious liability (i.e. liability on account of its employee’s actions), is
limited to situations where the causal action or omission was committed in bad
faith. This exclusion from liability, however, only applies where the pilot’s acts or
omission were made in good faith and are the sole proximate cause of the damage.
If the National Ports Authority is itself (or another employee is) negligent or
contributes to the damage, then the exclusion should not apply. In such a scenario
the National Ports Authority will be tempted to hold the pilot solely responsible for
any damage caused to take advantage of the exclusion. As long as the pilot acts in
good faith, albeit negligently, the National Ports Authority and the pilot would be
able to escape liability.
5a) OSC AS PER IAMSAR
Already explained

5b) piracy// robbery// terrorism

Article 101 of the Convention defines an act of ship-based piracy as consisting of acts of
violence or detention, or an act of depredation, committed for private ends by the crew of a
private ship directed against another ship on the high seas, or outside the jurisdiction of any
State. Piracy also extends to the operation of a pirate ship which is a ship used by persons for the
purposes of committing pirate acts. This general definition of piracy is consistent with the common
expression that a pirate is hostis humani generis: an enemy of all mankind. However, by limiting the
definition to acts committed for ‘private ends’ any actions taken for political motives are excluded.
Thus the UNCLOS makes it clear that high seas piracy is illegal and that all states have a right to
seize and prosecute those responsible for pirate acts on the high seas.
A crucial element of the UNCLOS definition of piracy is that piracy is an act which occurs on
the high seas, which will also include the adjoining exclusive economic zone which extends
from the edge of the territorial sea to 200 nautical miles. When piracy was first subject to
regulation under the Law of the Sea, nearly all of the world’s oceans were considered high
seas. As such, a century ago nearly all violent acts at sea committed for private ends would
have been characterised as piracy. However, under the new law of the sea as reflected in the
UNCLOS, vast tracts of the world’s oceans have now fallen under the sovereignty and
jurisdiction of coastal States. Under the UNCLOS, an act of piracy can therefore only occur
beyond the limits of the territorial sea, which in most cases extends 12 nautical miles from the
coastline.
The legal definition of piracy as an international crime leads to one significant exception to
general maritime law according to which, in international waters, the Flag State is the only
authority exercising enforcement powers in respect of vessels registered in its shipping register and,
secondly, obliges all States to intervene and to cooperate to the fullest possible extent in the
repression of piracy.
This definition also lays down many requirements: (a) the capture of a pirate ship must be
made on the High Seas (while on the territorial sea, the coastal State must take all necessary
measures), (b) the crime may be characterized by an act of violence, kidnapping or robbery, or
voluntary and conscious participation or instigation and facilitation for such action, (c) the illegal act
must be committed for private ends, excluding crimes of maritime terrorism, n26 committed for
political reasons. Therefore, the intention to rob is not required under international law: the crime
may be aimed at any purpose, not just predation, such as revenge, (d) such illegal acts must be
committed by the crew or the passengers of a private ship (or a private aircraft). However, the acts
committed by a warship, government ship or government aircraft whose crew has mutinied and taken
control of the ship or aircraft are assimilated to acts committed by a private ship or aircraft (Article
102), (e) the crime must be committed by a ship against another ship (or aircraft), or against persons
and property. Therefore, acts of hijacking or other unlawful acts committed by persons on board of
the same vessel are excluded (the “Two-Ship” requirement) (Article 101)
At the same time, the 1988 Rome Protocol for the Suppression of Unlawful Acts against the
Safety of Fixed Platforms Located on the Continental Shelf was also adopted. This Protocol
extended the same regulation to criminal activity carried out on fixed platforms located on the
Continental Shelf.
The scope of the new Convention is not limited to piracy, but extended to any act of violence
or threat, of seizing and destroying a ship, including acts of terrorism committed in waters
‘beyond the outer limits of the territorial sea of a single State’ and on board a private ship, to
take possession of the same ship or to cause damage to a person on board, for political or
terrorist purposes (Article 3). The Convention, in fact, leaves States free to take the necessary
measures, including coercive measures, on a case by case basis.

Q 6a & B) Port state and Flag state importance// Ground for intervention an detention by PSC

Regardless of the flag a vessel flies, compliance with, for example SOLAS,
standards and other internationally recognized conventions are monitored by the
flag state since it is their primary responsibility. The flag state has the main
responsibility for ensuring that its vessels meet all established international
guidelines. The flag state conducts annual ship examinations, which include a
thorough inspection of the vessel and its safety systems. As a result of these
examinations, a vessel is certified to be in compliance with all international
safety standards. Port states, that is, those countries at whose ports a vessel
calls, also play an important role in this regulatory framework. To ensure
compliance with safety requirements, the port state conducts inspections on all
vessels visiting its ports. This cooperative effort between flag and port states
provides a maritime safety enforcement system, which has proven effective over
the years.
FLAG STATE CONTROL
The flag state is responsible, under international law, to ensure that a ship
is maintained in a safe, sound and seaworthiness condition. To ensure that the
ship does so, the flag state inspects, or arranges for inspection, the ship and
issues what are called the statutory certificates. These certificates are governed
by conventions under international law such as, SOLAS, MARPOL, Load-line, and
STCW etc. Every State shall effectively exercise its jurisdiction and control in
administrative, technical and social matters over ships flying its flag. Every State
shall take such measures for ships flying its flag as are necessary to ensure
safety at sea with regard, inter alia, to the construction, equipment and
seaworthiness of ships; the manning of ships, labour conditions and the training
of crews, taking into account the applicable international instruments; the use of
signals, the maintenance of communications and the prevention of collisions.
Furthermore, each ship, before registration and thereafter at appropriate
intervals, is surveyed by a qualified surveyor of ships, and has on board such
charts, nautical publications and navigational equipment and instruments as are
appropriate for the safe navigation of the ship; that each ship is in the charge of
a master and officers who possess appropriate qualifications, in particular in
seamanship, navigation, communications and marine engineering, and that the
crew is appropriate in qualification and numbers for the type, size, machinery
and equipment of the ship.
A State which has clear grounds to believe that proper jurisdiction and
control with respect to a ship have not been exercised may report the facts to
the flag State. Upon receiving such a report, the flag State shall investigate the
matter and, if appropriate, take any action necessary to remedy the situation.
Each State shall cause an inquiry to be held by or before a suitably qualified
person or persons into every marine casualty or incident of navigation on the
high seas involving a ship flying its flag and causing loss of life or serious injury
to nationals of another State or serious damage to ships or installations of
another State or to the marine environment.
The flag State and the other State shall co-operate in the conduct of any
inquiry held by that other State into any such marine casualty or incident of
navigation.
PORT STATE CONTROL (PSC) is the inspection of foreign ships in national
ports
to verify that the condition of the ship and its equipment comply with the
requirements of international regulations and that the ship is manned and
operated in compliance with these rules. This ensures that as many ships as
possible are inspected but at the same time prevents ships being delayed by
unnecessary inspections. The primary responsibility for ships' standards rests
with the flag State - but port State control provides a "safety net" to catch
substandard ships. A point to also be noted is the fact that the vested interest of
the government of a PSC inspection is to ensure that its territory is not harmed
by a visiting vessel in terms of safe operations and preventing pollution to its
environment. Port State Control (PSC) is a ship inspection program whereby
foreign vessels entering a sovereign state’s waters are boarded and inspected to
ensure compliance with various major international maritime conventions.
LIFESAVING APPLIANCES
Properly functioning lifesaving appliances are key elements of ship safety.
Routine crew examinations and proper maintenance can identify or remedy
potential problems, such as structural defects in lifeboats, inoperative lifeboat
engines or flemming gear, missing or inoperative lights on lifebuoys and
lifejackets, excessively worn lifting hooks in lifeboats, missing retro-reflective
tape from equipment, badly corroded engine mounts in lifeboats, missing safety
equipment from lifeboats, unsatisfactory “float-free” arrangement on life rafts
and inoperative lifeboat launching systems.
FIRE FIGHTING EQUIPMENT
It is of utmost importance that the fire fighting equipment be properly
examined, maintained and ready for immediate use at all times. Unfortunately,
there are many fire fighting findings (related to the detection, extinction or risk
of fire) observed during surveys and audits including: missing or holed fire
hoses; missing fire hose nozzles: defective breathing apparatus; excessive oil
accumulation in machinery spaces bilges broke!! Fire detectors; missing, poorly
maintained or uncharged fire extinguishers; holed or soft patched fire mains;
missing or broken fire station cabinet handles and hinges, wrenches and hydrant
hand wheels; unmarked, broken or inoperative fire dampers; unprepared fire
and emergency crews; valves and fittings related to IGS in disrepair; C02
cylinder room being used for storage; paints stored in machinery spaces instead
of in a dedicated paint locker; heavy accumulation of grease in galley exhaust
ventilation trunk; seized machinery space skylights; frozen or holed funnel
dampers; engine room ventilators.
NAVIGATION EQUIPMENT
During surveys and audits, the types of findings include out-of-date, uncorrected
or missing charts for the intended voyages; inaccurately calibrated
magnetic compasses; faulty radio direction finders, echo depth sounders,
radar's, gyro repeaters, and navigation lights; outdated Tide Tables, List of
Lights and Sailing Directions, etc.; and copies of regulations (e.g., SOLAS,
MARPOL, ITU etc.) not on board.
CARGO SHIP SAFETY CONSTRUCTION SURVEYS
The following findings deal mainly with steering gear and mooring arrangement
requirements. Other findings, which relate to structural items, are discussed
under class surveys, hull (below) – steering control malfunctioning; officers not
knowledgeable about emergency steering procedures; communications in
emergency steering room not working; anchor chains, windlasses, wire ropes
and mooring lines in a deteriorated physical condition and potentially
dangerous; defective guards on winches and windlasses; and missing anchors
and chain.
MARPOL SURVEYS
Careful attention should be paid to pollution prevention measures on board,
as well as maintaining accurate records for the handling of oil and other
pollutants. Penalties can be severe for an owner and any irresponsible
crewmember if a vessel fails to comply with the regulations. Findings noted
during surveys and audits include – missing oil record keeping book or entries
not up to date; poorly maintained, mis-operating or inoperative equipment for
separating oil from water including oil-content monitoring devices; sludge tank
connected directly overboard; and missing or un-posted pollution placard.

IMDG CODE and shipper’s Obligation:

The shipper must:

 Classify and declare (dangerous goods declaration) the goods in

compliance with the IMDG Code
 Package the goods in compliance with the IMDG Code
 Label the items/packages with the proper shipping name, UN number,
hazard labels and, when appropriate, a marine pollutant label.
 Certify that the goods are correctly packaged and labelled and that the
goods are suitable for transportation by sea
 Ensure that incompatible goods are not stowed in the same transport unit
  Issue a stowage certificate when stowing in a container or hold

The shipper must also ensure that the packaging:

 is sturdily made and is in good condition

 is designed so any internal surfaces the contents may come into contact
with, are not dangerously affected by the substance being transported
 is able to withstand the normal risks that are involved in handling and in
transportation by sea
 as a minimum, is in compliance with the stipulations of the IMDG code

The carrier must:

 Ensure that the crew has received the necessary training

 Undertake separation of goods in compliance with the IMDG code
 Prepare a list of the dangerous goods on board and their location on the
ship
 Ensure that the necessary emergency equipment is on board

Responsibility of the Shipper:

– It is the responsibility of the shipper to classify the category of the cargo as per the specific maritime code/
annexe. This should include the Proper Shipping Name (PSN), details of the Hazardous Substance (RQ), the
flash point of the product to be shipped in bulk, category of the Marine Pollutant etc.

– To appropriately pack the HAZMAT cargo to ensure the safety of the ship’s crew and cargo. If the cargo is
being packed and shipped, proper securing and storing in the pallet might be needed, which is to be
effectively done by the shipper
– To provide appropriate paperwork and certificates for preparing dangerous goods manifest as per
the cargo to be loaded on the ship. As per the requirements, without these documents, the vessel will not
load the cargo
– To provide handling and emergency procedures (e.g. Firefighting procedure for specific cargo). Some
products (e.g. chemicals) may have different handling procedures and firefighting requirements when
compared to a gas bottle carried as cargo on a ship
Related Read: Material Safety Data Sheet or MSDS Used on Ships
– To provide precaution and safety measures to the vessel for planning the cargo stowage. Many HAZMAT
cargoes react with other types of cargo if kept together. The shipper needs to provide such details to the
vessel for helping in planning the cargo stowage. For e.g. a shipment of division 2.2 non-flammable gasses and
Class 3 flammable liquids must never be kept close to each other, even when they are in separate containers
– When a HAZMAT cargo is carried in the container, the shipper has to provide the Container Packing
Certificate along with other HAZMAT documents to the Master/ Chief officer of the vessel, which should
contain:
A declaration stating the packing of the container has been carried out in accordance with the applicable
provisions of the IMDG code
Name of the certificate authority
Structural serviceability of container
Segregation requirements
Freight container HAZCOM requirements
Packages inspected and in good condition
The Responsibility of the Master and Ships’ Crew
Once the cargo is ready to load on a ship, the master will have the overall responsibility to ensure all the
required codes and regulations are being followed properly. As the shipper will supply the documents for
Master’s assessment, he/she should ensure that all shipping paper entries, package markings and
certifications related to the HAZMAT cargo are in English ( or additional required languages) and permitted for
ease of use.
If the shipping papers, shippers’ declaration, Container Packing Certificate and other HAZMAT related
documents are not complete or miss any information, the mater has the authority to stop the loading of such
cargo.
Once the master receives HAZMAT cargo for loading and its related paperwork, he/she should ensure the
following:
Concerned authorities (the port where cargo to be offloaded) are notified about the HAZMAT cargo
description and requirements
The chief officer has made the cargo stowage plan keeping in mind, the requirements for HAZMAT
cargo
During loading, the packaging (if packaged cargo) is checked and verified as per the requirement of the IMDG
code
The cargo stowage for HAZMAT cargo is done as far as possible from the accommodation
The deck crew responsible for cargo stowage and watch knows the emergency response information
Proper segregation of cargo is done by the crew if the ship is carrying multiple HAZMAT cargoes
The crew is aware of the incident reporting requirements
The crew has been updated with HAZMAT Training and Security requirements
The chief officer needs to prepare the Dangerous Cargo/ goods manifest
The HAZMAT cargo received on the ship has been reported to the Regulatory Authorities
Dangerous goods Manifest (DGM):
Dangerous Goods Manifest is the stowage plan document for the HAZMAT cargo, which is prepared by the
chief officer once the shipping papers from the Shipper or agent are received. The main purpose of creating
the manifest is to ensure all the information about the HAZMAT cargoes on a ship is available at one place in a
single document known as DGM. The Dangerous Cargo Manifest (DGM) has all the important and relevant
information from the shipping papers and packing certificates, hence these documents are not required to
accompany HazMat shipments on a vessel.
The prepared dangerous cargo manifest should include:
Information as found on shipping papers
Stowage plan of HAZMAT cargo loaded on the ship
Segregation information plan of HAZMAT cargo loaded on the ship
Emergency action plan for the HAZMAT cargo
The vessel shall retain a copy of the DGM for at least one year
The Content of the DGM:
The Name and IMO number or call sign of the vessel
The nationality (Flag state) of the vessel
Technical name and the class authorized for the dangerous good by the International Maritime Organization
Complete description and classification of the hazardous cargoes (as given in the shipping papers)
Total number of such packages being carried
The location of such cargo as per the cargo stowage plan of the ship
Responsive action in case of an emergency
An emergency response contact number
Gross weight for each type of packaging.
Other relevant information which can be added in the DGM and used by the maritime or port authorities are:
Name and contact details of the ship operator
Location of vessel’s mooring equipment
Details and contact number of the cargo owner
A complete record, by time intervals of one week, of all receipts and disbursements of HazMat
Location of the IMDG locker on the ship
Firefighting arrangement on the ship
Location:
The Dangerous Cargo Manifest is usually kept on the vessel’s bridge when the ship is sailing and a copy is
made available in the cargo control room in a designated marked holder before reaching to a port.
Even if the next port if not where the HAZMAT cargo needed to be discharged, the copy is made available for
reference. As per the requirement, the Dangerous Cargo Manifest should be located as such that it is readily
available in need.
The Dangerous Cargo Manifest must thoroughly be checked by Master and acknowledge for the accuracy by
signing the same.
Reporting of HAZMAT cargo:
Many countries and maritime authorities require reporting of the loaded HAZMAT cargo information to a
common database centre (For e.g. European Maritime Safety Agency – EMSA) for the following reasons:
To ensure the ship is complying with legal requirements
To enhance awareness among various stakeholders about HAZMAT cargo
To assist the reporting parties and the authorities in finding the correct information
For supporting the authorities by providing options for validating information received
To assist in training personnel involved in HAZMAT Cargo
To share the best practices in the area of handling HAZMAT
To share the insight of accident or near miss reports for handling emergency situations
To determine the place of refuge for ships in need of assistance
For risk assessments in ports and waters under the jurisdiction of a member state
A common reporting platform is made available to send the report, for EMSA it is National Single Window or
NSW, which can be accessed by relevant maritime and national authorities.
The Master, ship agents and ship operators are responsible to make sure that the HAZMAT goods
information about the cargo being carried on the vessel is reported correctly and accurately to the NSW or
relevant similar authority, depending on the location of their voyage.
The most important details which need to be reported are:
Classification of HAZMAT goods with details of related IMO Code(s) or
Convention Product’s name as found in the legal instruments
UN Number of the HAZMAT good to allows the identification of the cargo
IMO Hazard Classes – essential for the proper identification of the characteristics and properties of the
substances, materials and articles
The total quantity of each HAZMAT cargo carried on the ship
The location on board to identify the dangerous and polluting goods which are onboard a ship for providing
the necessary assistance during rescue or salvage operations
Identification of the transport units containing dangerous or polluting goods
Where appropriate, the class of the ship as defined by the Irradiated Nuclear Fuel Code.

IMDG CODE AMMENDMENTS

IMDG CODE
IMDG Code Amendment 36-12 - overview of changes from Amendment 35-10
IMDG Code Amendment 36-12 may be used from 1 January 2013 (subject to national administration
adoption) and is mandatory from 1 January 2014. There are new UN Numbers up to 3506 and some
new packing instructions, as well as many detailed changes to the chapters and the Dangerous Goods
List entries.
There are also significant changes to:
Stowage and Segregation
Part 7 has been completely reorganised according to job function. Chapters 7.1 and 7.2 contain
general stowage and segregation rules.
Chapter 7.3 is now about loading goods into a CTU. Chapters 7.4, 7.5, 7.6 and 7.7 apply to container
ships, RO-RO ships, and general cargo.
Ships and ship borne barges, respectively. As before, a ship may comprise several types of stowage
space and the appropriate chapters refer to how each space is used.

Sources of heat
The various requirements for 'away' from all or any sources of heat, shaded from radiant heat or direct
sunlight (except for calcium hypochlorite), sparks (except for UN 1327 HAY) and flame, are replaced by
a general “Protected from sources of heat”, the meaning of which is given in 7.1.2. This includes being at
least 2.4 m from heated ship structures and for packages on deck, not in CTUs, to be shaded from direct
sunlight. Depending on the substance and the planned voyage, it may be necessary to reduce an on-deck
CTU's exposure to direct sunlight.

Foodstuffs
Segregation from foodstuffs (which is now defined in 1.2.1) has changed. 'Away from' foodstuffs and
‘Separated from’ foodstuffs are no longer mentioned.
Generally, a class or sub-risk of 2.3, 6.1, 6.2, 7 and 8, plus a few specific entries in the DGL, shall not
be in the same CTU as foodstuffs.
However, some class 6.1 or 8 items, plus a few specific entries in the DGL, will be allowed in the
same CTU as food, provided they are at least 3 m apart, without needing competent authority approval.
On container and RO-RO ship spaces, no segregation requirements exist between CTUs because of
food. Currently classes 2.3, 6.1, 6.2, 7 and 8 need it.
In conventional stowage spaces, class 6.2 will still require segregation value 3 from food, but now
reducing to 2 if either is in a closed CTU; the other classes and DGL-specific items remain as segregation
value 2, but reducing to 1 if one item is in a closed CTU, or 0 if both are in closed. The current relaxation
to segregation value 1 for class 8 and class 6.1 Pg III is removed.
Rules for segregation from odour-absorbing cargoes are not changed by this.
Limited quantities
When in limited quantities, class 8 packing group II liquids in glass or similar inners also need rigid
intermediate packaging. Other substances in LQ in fragile inners will need suitable intermediate
packaging when in shrink- or stretch-wrapped trays. Three UN Numbers of class 1.4S explosives may be
consigned as limited quantities, but are still subject to the rules of section 4.1.5.

Explosives
Fireworks, UN 0333-7 now need a classification reference issued by the competent authority.
There are now only five stowage categories for explosives, and these are not the same as the present
01 to 05. If explosives are to be put into a CTU it must be a closed CTU for class 1. All explosives on
deck must be in a closed CTU. The stowage categories 01 (the least restrictive) to 05 relate to whether
they are also allowed under deck, whether in closed CTUs or otherwise.
All explosives of a particular division and compatibility group are allocated the same stowage
category.

Summary of changes in Amendment 35-10

When does Amendment 35-10 become mandatory?
Amendment 35-10 of the IMDG Code is valid for use on 01 January 2011 and is mandatory from 01
January 2012.
On 21 May 2010, IMO’s Maritime Safety Committee at its eighty-seventh session adopted the
amendments to the International Maritime Dangerous Goods (IMDG) Code contained in Resolution
MSC.294 (87). Contracting governments may apply the new requirements, in part or in whole, on a
voluntary basis from 1 January 2011. Compliance with the amendments to the IMDG Code becomes
mandatory on 1 January 2012.
Of the many changes to the IMDG Code, those of particular interest include:
A number of new entries for calcium hypochlorite (UN 3485, 3486 and 3487, Class 5.1). This
commodity has led to a number of severe fires on board vessels.
A new entry for iodine (UN 3495, Classes 8 and 6.1).
A new entry for nickel metal hydride batteries (UN 3496, Class 9). Several fires and explosions have
originated in packages of nickel metal hydride batteries.
A new limited quantities mark.
An amendment to the marine pollutant mark.
A new chapter 5.5 “Special Provisions” covering the “Special provisions applicable to fumigated
cargo transport units (UN 3359)”.
There are many detailed changes to the Dangerous Goods List and to most chapters. Below are some of
the significant additions and changes:
Additional items in the Dangerous Goods List
There are 16 new UN numbers going up to 3496, with explosives going up to 0509. What are the key
changes as per IMDG Code 35th Amendment?
Training: Security training added.
Classification: New definition for Mixtures and Solutions.
Changes in Organic peroxide table.
Additions in segregation groups.
16 New UN No. s and total 19 new entries.
Major changes in prohibited goods.
Vehicles are hazardous with exceptions by meeting certain conditions.
Special provisions for transport of metal hydride batteries.
Limited quantity has new mark and LQ containers need to have placards.
Retention of documents.
Requirement of Display of PSN on containers.
Fumigated Units : All provisions combined in a new Chapter.
Segregation of explosives and goods of extreme flammable section is removed.
Criteria for container tracking & monitoring equipment is included

Master’s Resources in ascertaining Damage stability

6 Resources are for Damage Stability

Damage stability booklet

The information provided in damage stability booklet can be divided into three parts

Damage control booklet (required for all type of ships)

Damage stability calculation (required for tankers)
Damage control plan (required for all type of ships)
Sometime you may find all this as one booklet called “damage stability booklet”. And on some ships, you
may find three different booklets titled as above

Following information is available from different booklets

1) Damage control Plan

Damage control plan is required as per SOLAS chapter II-1/Regulation 19.
As per this regulation
A plan showing clearly for each deck and hold the boundaries of the watertight compartments, the
opening therein with means of closing and position of any control thereof, and arrangement for the
correction of any list due to flooding.

In simple words, the plan needs to show the layout of all the compartments such as cargo tanks, ballast
tanks, fuel tanks etc. means of closer such as valves, watertight bulkheads, hatches or cargo tank domes
and its position arrangement for correction of the list during flooding. Such arrangement could be the use
of ballast pumps, Fire & GS pumps. In this case, location & capacities of these pumps need to be shown
on the plan. The more detailed guidelines about the information required in the damage control plan are
provided in MSC circular MSC.1/Circ 1245.

Damage control plan is required to shows the location and other details about resources required for
damage control.
For example during flooding into a compartment, we would like to check the air pipes if air is coming out
from these. Damage control plan gives the location and details of the air pipes of all compartments.
Air-Vent-damage-control-plan
It gives the location and details of all watertight (and weather tights) doors on the ship.
doors-damage-control-plan
Similarly, damage control plan gives the details of Tanks, Hatches or other compartments on ships.
hatch damage control plan
It gives the type and location of important valves that can help in damage control or help in restricting the
flooding.
valves damage control plan
And finally, it also provides the information (like capacity) and location of pumps (such as Fire and GS
pump, ballast pump etc) that can be used for pumping out the water during flooding.
pump damage control plan
Apart from all this information, the location of these will be displayed on the ship’s plan.
damage-control-plan-DIAGRAM

2) Damage control booklet

The name says it all. This booklet gives the information to the master about how to control the effect of
damage.
Damage control booklet is also required as per SOLAS chapter II-1/Regulation 19.
The information required in the damage control booklet is contained in the MSC circular
MSC.1/Circ.1245.
As per SOLAS chapter II-1/19, damage control booklet need to have all the information as per damage
control plan. To comply with this, usually, a copy of damage control plan will be included in the damage
control booklet.
Apart from this, damage control booklet is supposed to provide information and guidance to the master
about actions to take in case of damage to the ship.
These specific actions may include
Sounding of alarms to alert the crew the closing of all watertight doors and compartments
Sounding of tanks to check where the water is flooding and with what rate
ways to reduce the effect of flooding such as by use of pumps to pump out water.
Along with this information, some ship’s damage control booklet may also provide a flow chart to deal
with damage situations. Below is one of such flowchart.

Damage-control-plan-flow chart

Rest of the damage control booklet will consist of the information and guidance to support required
actions as per this flowchart.
For example, one of the action requires the vessel to monitor tank sounding. Damage control booklet will
have one section with the ready format for recording tank soundings.
Sounding-table-damage-control-plan
Another action requires the vessel to report the damage situation to the necessary organization such as
‘Emergency response service”. For this damage control plan will also provide a ready format for such
reporting.
3) Damage stability calculations
Damage stability calculations demonstrate the compliance with the applicable damage stability regulation.
These are the calculations made during the design stage of the ship and verified after the construction.
For example, oil tankers need to comply with damage stability requirements as per MARPOL Annex I,
regulation 28.
Damage stability requirements for oil tankemage assumptions. For example below are the damage cases
for a ship.
damage-cases-damage-stability-booklet
These damages are then assumed for all the loaded conditions mentioned in ship’s trim & stability book
(intact stability conditions).
The damage cases are not applied to the ballast conditions because the damage stability requirements
apply to the tankers in loaded condition only.
For this ship below are the loaded conditions in the intact stability booklet.
intact-loading-conditions
Let us take damage case 101. This damage case requires assuming damage to 6 compartments.
In each of the intact loading condition, these damages need to be assumed.
After these assumed damages, the ship needs to comply with damage stability requirements mentioned in
MARPOL Annex I, Reg 28.
As per Marpol Annex I, reg 28…damage-stability-requirements-MARPOL

And for damage case 101, we will have a total of 9 damage stability conditions, each for one loading
conditions. Let us name these conditions as
Condition 13/ Damage 101
Condition 14/ Damage 101
Condition 15/ Damage 101
Condition 16/ Damage 101
Condition 17/ Damage 101
Condition 18/ Damage 101
Condition 19/ Damage 101
Condition 20/ Damage 101
Condition 21/ Damage 101
Each damage case will have 9 damage stability conditions. For this ship, there are a total of 21 damage
cases and total 9 intact loaded conditions.

The damage stability calculations need to be done for total 189 conditions.
The damage stability calculations need to be done for total 189 conditions.
And the end results of these calculations are supposed to comply with the damage stability criteria as per
MARPOl Annex I, reg 28.
These calculations form the part of booklet “Damage stability calculations”.
4) Damage Stability Information
SOLAS Chapter II-1/Reg 19.5 requires that damage stability information shall provide the master with a
simple and easily understandable way of assessing the ship’s survivability in all damage cases involving a
compartment or group of compartments.
Damage stability calculations showed that ship will comply with damage stability requirements when
damage cases are applied to the pre-defined intact loading conditions.
But in reality, our actual loading conditions during the voyages may be totally different from that in intact
stability condition.
Our actual loading may not match with any of the loading conditions in the stability booklet.
This SOLAS regulation requires clear and easy instructions to be given to check if our actual condition
complies with the damage stability requirements.
These instructions are usually in form of a graph (or table) of Draft versus minimum GM (or maximum
KG). There may be a different graph for the different trim of the vessel.
Minimum-GM-curve-damage-stability
This information will form the part of either “Damage stability calculations” or “damage control booklet”.
If the vessel has a single “Damage stability booklet”, you will find this information in there.
5) Emergency Response service
MARPOL Annex 1/Reg 37.4 requires that
All oil tankers of 5000 T deadweight or more shall have prompt access to computerized shore-based
damage stability and residual structural strength calculation programs.
In the real world, this program is usually named as “emergency response service” and is provided by
classification societies.
emergency-response-service
Though this is mandatory for oil tankers, ship owners prefer this service for other types of vessels too,
especially on container ships.
This service provides an emergency helpline number and email.
In case of a damage and breach of hull plating, the master can call this number and update regarding the
incident.
Master then need to send the initial reports, loading condition before the damage and extent of damage by
email.
The service provider will advise
if the vessel will be able to sustain this damage
what specific action vessel can take to reduce the effect of damage.
There is something else that ERS can be used for.
It can be used for showing the compliance with the damage stability requirements. Some vessels still do
not have the facility in the loadicator to calculate damage stability.
If the vessel’s actual loading condition is not matching with any of the pre-defined loadicator conditions
in the intact stability booklet, this loading condition can be sent to the ERS.
They will check the loading condition and advise if it complies with the damage stability requirements.
This is considered to be one of the methods for checking the damage stability compliance.
In fact, if the condition is approved for compliance with the damage stability, same can be added to the list
of approved damage stability conditions.
6) Loadicator with damage stability
MARPOL Annex I regulation 28.6 requires the oil tankers to be fitted with loadicator capable of
calculating damage stability compliance.
MARPOL-Annex-I,-Regulation-28.6
The loadicator if fitted with damage stability can check compliance with all the damage cases identified as
per MARPOL or other regulations for other types of ships.
To check the damage stability compliance on the Meca Loadicator, go to calculations -> Stability ->
Damage stability
Loadicator_damage_stability
It will show all the damage cases identified in the damage stability booklet.
loadicator cases damage
 Click on the “Pre-determined” to check if the ship complies with the damage stability requirements.
damage_stability_on_loadicator
Conclusion
A seafarer may or may not go through any incident requiring the use of damage stability on board.
But we need to be prepared for the worst.
Knowledge of damage stability can help to take quick decisions at times when each minute matters.
Knowing about damage stability does not mean knowing the complex calculations. It is to know the exact
actions in case of damage and knowing about the resources on board that would help in these actions.
Damage stability calculations, damage control plan/booklet, emergency response service and loadicator
are the resources that we must know about.

MARCH 2018

Contract of Affreightment: A contract for the carriage of goods by sea is called as a "contract of
affreightment". The word 'affreightment' literally means 'the hiring of a vessel or ship". It may, thus, be
defined as a contract between the consignor or shipper and the shipping company whereby the former
agrees to hire, at a price called 'freight', space in a ship for transportation of goods. A contract of
affreightment may be embodied either in a Charter Party or a Bill of Lading.
Charter Party: A charter party is a contract of affreightment entered into for hiring the whole ship or a
principal part thereof to carry goods from one port to another. It also refers to the formal written document
in which the contract of hiring of the whole or part of the ship for the conveyance of goods is expressed. The
person hiring the ship or a part of it is called the 'charterer'.

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

person (called the charterer), in which the ship-owner agrees to carry goods for
the charterer in the ship, or to give the charterer the use of the whole or part of
the ship's cargo-carrying space for the carriage of goods on a specified voyage
or voyages or for a specified time.
A) The charterer agrees to pay a specified price, called freight, for the carriage of
the goods or the use of the ship. A ship may be let, like a house, to a person
who takes possession and control of it for a specified term.
B) The person who hires a ship in this way occupies during the specified time the
position of ship-owner. The contract under which a ship is so let may be called a
charter party— but it is not, properly speaking, a contract of affreightment, and
is mentioned here only to clarify the distinction between a charter-party of this
kind, which is sometimes called a demise of the ship, and a charter-party that is
a contract of affreightment.
A contract of carriage is a contract between a carrier of goods or passengers
and the consignor, consignee or passenger. Contracts of carriage typically
define the rights, duties and liabilities of parties to the contract, addressing
topics such as acts of God and including clauses such as force majeure.
ü Among common carriers, they are usually evidenced by standard terms and
conditions printed on the reverse of a ticket or carriage document.
A) The official log must be distinguished from all other logs. Entries once made may not be
altered or cancelled. They can only be cancelled by making another entry where the earlier
entry is referred as “inaccurate and incomplete”.
The entries to be made in the official log are governed by Section 214 of MSA and generally
include legal convictions, offence committed and disciplinary proceedings, record of injury,
birth and deaths, a variety of inspections, seamen left behind or repatriated, distress signals,
details of ship, owner and Master, record of its voyages including drafts and freeboard on
departure each port of call. In short it is a formal record of every legally significant event on
board.
Under Section 194 of MSA, a seaman is guilty of an offence against discipline if he commits
any of the following acts:
1. If he quits the ship without leave
2. If he is guilty of wilful disobedience to any lawful command or neglect of duty
3. If he is guilty of continued wilful disobedience to any lawful command or continued
neglect of duty
4. If he assaults the Master, any officer, apprentice or member of the crew
5. If he combines with any of the crew to disobey any lawful command or to neglect of
duty or to impede navigation or retard the progress of the voyage
6. If he wilfully damages his ship or commits criminal misappropriation or breach of trust
in respect, or wilfully damages any of, her stores or cargo
The following procedure is to be taken for a disciplinary action:
Warn the rating and give a specific time for improvement – make a log book entry
If the offence is committed for desertion, absence without leave, indiscipline or misconduct for which
the crew agreement awards a fine – make a log book entry which is to be signed by the master, mate
and one of the crew member. The offending rating is to be given a copy of the log book entry and
also explained to him. If he has a reply the same too is to be recorded. If he has no reply, a statement
to that effect has to be recorded and signed in the abovementioned manner. The signature of one of
the crew is extremely important.

Other Entries in OLB :-

 Collision
 Casualty
 Handing over documents on Change of command.
 Taking over & Handover of command
  Inspection of Food, provisions & accommodation
 Port particulars & departure drafts when proceeding to sea.
 LSA FFA Inspection
 Radio Room Batteries
 W/T Doors on Passenger ships.
 Distress received & action.

The entry is to made as soon as possible after the occurrence to which it relates.
If it is not made on the same day then the date of occurrence to which it relates &
the date of making the entry are to be recorded,if the entry is regarding an
occurrence before the vessel’s arrival at her final port of discharge,entry shall be
made within 24 after the vessel arrival.
Every entry shall be signed by the master & the mate or some other member of
the crew & also by the ship’s medical officer, if it is regarding an injury or death, if
it is about the wages due or the property of a seaman or apprentice who dies
during the voyage then the entry is to be signed by the master, mate & a member
of the crew.

b- Temporary Pass// Provisional Certificate // Permanent Certificate

In case the certificate of registry is lost, the registrar at the port where the loss is discovered
must be contacted. If the ship is in foreign waters and the certificate is lost, the proper authority to
contact is the consul which after determining the facts regarding the loss will issue a provisional
certificate.
Where a certificate of registry is mislaid, that is it is misplaced but can be found later on, a
duplicate certificate of registry will be issued. The procedure for its issuance remains the same.
Where it appears to the central government that by reason of any special circumstances it is
desirable that permission should be granted to any Indian ship to pass without being previously
registered from one port to another port in India, the central government may authorise the registrar
of the first mentioned port to grant a pass (TEMPORARY CERTIFICATE OF REGISTRY) in such
form as may be prescribed, and that pass shall for the time and within the limits therein mentioned
have the same effect as a certificate of registry.

When a ship is built or acquired out of India and becomes the property of a person qualified to own an
Indian ship, the owner or the Master of the ship will have to apply to the Indian Consular Officer at the
nearest port for the issue of a provisional certificate of Indian registry and such officer, on production of
satisfactory proof of ownership, grant the same to the owner or the Master. Such a certificate has all the
force of a certificate of registry. It is, however, valid for a period of 6 months from its date of issue or until
the arrival of the ship at a port where there is a Registrar whichever first happens and on either of these
events happening would cease to have effect. The provisional certificate so issued will have to be
exchanged by the owner for a certificate of registry from the concerned Registrar.
Quite often a ship has to set sail from a port where she is built in India to a port where she has to be
registered. The owner in such cases or where he has applied to the Registrar for registration but delay in
the issue of certificate of registry is anticipated, the Registrar may, on the strength of the authority issued
by the Director General of Shipping, issue a temporary pass to enable the ship to ply between the ports
in India.

SECTION VI- Y.A 94- is about Salvage Remuneration

Q3a) (a) Article 13 deals with the general criteria for assessing salvage remuneration and Article 14
with “Special Compensation” for efforts by salvors to prevent damage to the environment. This was
the effect of the Montreal Compromise which led to the present Article 14 being agreed in place of a
general right of salvage in respect of legal liabilities.
It has been proposed that Article 13(1)(b) should be deleted from the Convention, and a new
Article 14 be substituted for the present one. The material part of the replacement clause
provides as follows:
If the salvor has carried out salvage operations in respect of a vessel which by itself or its
bunkers or its cargo threatened damage to the environment he shall in addition to the reward to which
he may be entitled under Article 13, be entitled to an environmental award. The environmental award
shall be fixed with a view to encouraging the prevention and
minimisation of damage to the environment whilst carrying out salvage operations, taking into
account the following criteria, without regard to the order in which they are presented below:
(a) Any reward made under the revised Article 13;
(b) The criteria set out in the revised Article 13.1(b) (c) (d) (e) (f) (g) (h) and (i)
(c) The extent to which the salvor has prevented or minimised damage to the environment and the
resultant benefit conferred.
The revised Article 14 also makes provision for limits to the amount which could be awarded
as an environmental award.
The Article 14 does not state explicitly whether the reward is in respect of pollution
prevention, liability avoidance or both. But in view of the public policy behind the duty
imposed on the salvors by the Convention, it is probable that the award would take into
account both the “environmental value” and the intangibles on which no price can sensibly be put as
well as the benefit to the shipowner of liability avoidance. This would in effect be a new type of
 salvage assessment. But it seems completely workable to me and capable of principled assessment by
experienced arbitrators.

Section VI of Y.A 94
(a) Expenditure incurred by the parties to the adventure in the nature of salvage, whether under contract or
otherwise, shall be allowed in general average provided that the salvage operations were carried out for the
purpose of preserving from peril the property involved in the common maritime adventure.

CLC 92 // FUND 94// SUPPLEMENTARY FUND- Already done

Running Mooring : This manoeuvre takes relatively short duration compared to

Mediterranean mooring and offers more control of the vessel. The vessel’s
starboard anchor is let go at a position approximately four to five shackles from
the final position of the bow and around 9 shackles paid out while moving ahead
on engines. Then as she falls astern with the tide the port anchor is let go and
the starboard anchor is heaved on to five shackles. This method restricts the
swinging room and reduces the load on windlass.

b) Towing is not a simple procedure! There is a tremendous amount of stress involved, and it affects
both boats and the tow line you are using. I'm talking about stress, as in forces, the
types of forces you learned about in Physics class. And, we're talking some major forces,
enough, that a miscalculation could cause someone's death. What follows is meant to give
the reader a basic understanding why towing is dangerous. This article
is insufficient to make the reader prepared to tow any vessel of any
size.
Essentially, there are four factors that impact a towing situation: the hull characteristics of boat doing
the towing, the hull characteristics of the boat being towed, the construction and
diameter of the line used to tow the disabled vessel, and the sea state (waves, wind, and
current). With all the different makes and models of vessels, as well as different line types, you can
see that every tow is unique, making towing as much an art as it is a science.
A brief definition will help you understand the dangers involved.
O Acceleration Forces is the stress placed on the vessels and the towline during the time the
towed and towing vessels are dead-in-the-water, to the time they reach their
maximum (constant) towing speed.
O Steady Forces is the stress placed on the vessels and the towline during the phase after
maximum (constant) speed is reached. These forces are just involved in pulling the
towed vessel through smooth water at a constant speed.
O Shock Forces occur because of the sea state. Towing in calm, smooth water would
produce little or no shock forces. Towing a vessel where there are five foot waves, at 30
second intervals would produce considerable shock forces. Just picture your boat
slowing down and speeding up as it goes up and down waves. The towed boat is doing
the exact same thing. But, they probably are not in synch, so the towline is being
stretched and then goes slack, and then get pulled tightly again and stretches.
An average size vessel towing a vessel of equal size will, at a minimum, incur several hundred
pounds of force, depending on the type of line used, sea state, etc. While many lines may contain
ratings for several thousand pounds of force, those statistics are for brand new line. Lines that are
well used, or that are weathered, are probably capable of sustaining loads much smaller than what
they are rated for.

(a). SC has the overall responsibility for:

O Establishing, staffing, equipping and managing the SAR system
O Establishing RCC and rescue sub-centres (RSC)
O Providing or arranging for SAR facilities
O Co-ordinating SAR training
O Developing SAR policies
O SAR Mission Co-ordinator
Each SAR operation is carried out under the guidance of an SMC. This function exists only for the
duration of a specific SAR incident and is normally performed by the RCC chief or a
designee. The SMC may have assisting staff.
The SMC guides a SAR operation until a rescue has been affected or it becomes apparent that further
efforts would be of no avail. The SMC should be well trained in all SAR processes, be thoroughly
familiar with the applicable SAR plans, and:
O Gather information about distress situations
O Develop accurate and workable SAR action plans
O Dispatch and co-ordinate the resources to carry out SAR missions
SMC duties include:
O Obtain and evaluate all data on the emergency
O Ascertain the type of emergency equipment carried by the missing or distressed craft
O Remain informed of prevailing environmental conditions
O If necessary, ascertain movements and locations of vessels and
O Alert shipping in likely search areas for rescue, lookout and/or radio watch
O Plot the areas to search and decide on methods and facilities to be used
O Develop the search action plan and rescue action plan as appropriate
O Co-ordinate the operation with adjacent RCC when appropriate
O Arrange briefing and debriefing of SAR personnel
O Evaluate all reports and modify search action plan as necessary
O Arrange for refuelling of aircraft and, for prolonged search, make arrangements for the
accommodation of SAR personnel
O Arrange for delivery of supplies to sustain survivors
O Maintain in chronological order an accurate and up-to-date record
O Issue progress reports
O Recommend to the RCC chief the abandoning or suspending of the search
O Release SAR facilities when assistance is no longer required notify accident
investigation authorities
O If applicable, notify the State of registry of the aircraft
O Prepare a final report
On-Scene Co-ordinator
When two or more SAR facilities are working together on the same mission, one person onscene
may be needed to co-ordinate the activities of all participating facilities.
The SMC designates an OSC, who may be the person in charge of a:
O Search and rescue unit (SRU), ship, or aircraft participating in a search, or
O Nearby facility in a position to handle OSC duties
O The person in charge of the first facility to arrive at the scene will normally assume the
OSC function until the SMC arranges for that person to be relieved.

5b) Already Done BMP 5

6a) a) Port State Control (PSC) is the inspection of foreign ships in national ports to verify that the
condition of the ship and its equipment comply with the requirements of international
regulations and that the ship is manned and operated in compliance with these rules. Many of IMO
most important technical conventions contain provisions for ships to be inspected when they visit
foreign ports to ensure that they meet IMO requirements. The concept of a state exercising its
jurisdiction over ships that ply its waters and particularly those that call at its ports is well established
in both history and legal practice. It is universally acknowledged that once a ship voluntarily enters a
port it becomes fully subject to the laws and regulations
prescribed by the officials of that territory for events relating to such use and that all types of
vessels, military and other, are in common expectation obliged to comply with the coastal
regulations about proper procedures to be employed and permissible activities within the
internal waters.
But the practice of majority of ports, at least until the last decade, was to give scant inspection to
calling vessels. A pilot may well have checked whether the vessel was loaded below her marks, but
even this was circumvented by not the uncommon but immensely dangerous practice of ‘hogging’ the
ship to bend her load-line above the waterline. Maritime authorities were concerned almost
exclusively with the affairs of their own ships (and then often in a far too lackadaisical manner). With
the growth of flags of convenience – many of whose maritime authorities turned a blind eye to the
condition of the vessels whose fees they so readily received – with the lack of interest by port
authorities, and with the inadequacies of general port state policing of passing ships, the un-
seaworthy ship (euphemistically referred to ‘substandard’) abounded. That this slide was hastened by
the general decline in world trade in the late 1970, particularly for non-containerised break bulk cargo
vessels, bulk carriers and tankers, cannot be denied. Surplus and superannuated tonnage long overdue
for the scrap-yard can only be used to make meagre profits in the hands of marginal and economically
stressed ship owners.
The IMO has recently consolidated its port state control measures. The consolidated resolution and its
annexure set out the procedures for port state control in chapter and verse. Inspections are categorised
as initial port state inspections and then more detailed inspections. Guidelines are provided for
detention and reporting procedures. Not only do the IMO provisions require surveys and inspections
to ensure that vessels comply with the appropriate international conventions, they also now make it
possible for port state control officers inspecting foreign ships to check operational requirements
'when there are clear grounds for believing that the master or crew are not familiar with essential ship
board procedures relating to the safety of ships'. It should also be noted that the IMO plays an active
role as observer in the activities of the regional port state control co-operation groupings referred to
below. Shipping is an international industry which is proud of its tradition of freedom of the seas, but
that does not mean that ships can sail wherever they like regardless of their condition. The maritime
world has the right to expect that ships of all nations meet the levels of safety and environmental
protection, which have been traditionally agreed upon. It is up to ship owners to make sure that their
ships are safe, properly manned and do not pollute the seas and it is the duty of governments to make
sure that ships flying their flag comply with the standards laid down in the IMO treaties which they
have ratified. If they fail to do so, then IMO –which has the stewardship of these standards – has not
only the right but also the obligation to take further action.

6b) to be done???
7a)- Done already
7b) The objectives of the ISM Code are to:
1. Ensure safety at sea;
2. Prevent human injury or loss of life; and
3. Avoid damage to the environment with focus on the marine environment and on
property The ISM Code establishes the following safety management objectives of the
company:
4. Provide safe practices in ship operation and working environment;
5. Establish safeguards against all identified risks; and
6. Continuously improve safety management skills of personnel ashore and onboard ships.
These skills include the preparation for emergencies related to safety and environmental
protection.

The purpose of ISM Code is:

1. To ensure Safety at Sea.
2. To prevent human injury or loss of life.
3. To avoid damage to the environment and to the ship.
SOLAS adopted the ISM Code in 1994 and incorporated it into chapter
IX.
In order to comply with the ISM Code, each ship class must have a working Safety
Management System (SMS). Each SMS consists of the following elements:
1. Commitment from top management.
2. A Top Tier Policy Manual.
3. A Procedures Manual that documents what is done on board the ship, during normal
operations and in emergency situations.
4. Procedures for conducting both internal and external audits to ensure the ship are doing
what is documented in the Procedures Manual.
5. A Designated Person Ashore to serve as the link between the ships and shore staff and
to verify the SMS implementation.
6. A system for identifying where actual practices do not meet those that are documented
and for implementing associated corrective action.
7. Regular management reviews.
Requirements
The ISM Code requires every Company to develop, implement and maintain a safety
management system (SMS) which includes these functional requirements:
1. A safety and environmental protection policy;
2. Instructions and procedures to ensure safe operation of ships, and protection of the
environment, in compliance with relevant international and flag State legislation;
3. Defined levels of authority and lines of communication between, and amongst, shore
and shipboard personnel;
4. Procedures for reporting accidents and non-conformities with the provisions of this
Code;
5. Procedures to prepare and respond to emergency situations; and
6. Procedures for internal audits and management reviews.
‘‘Company’’ means the owner of a ship or any other organization or person such as the
manager, or the bareboat charterer, who has assumed the responsibility for operation of the
ship from the ship-owner and who, on assuming such responsibility, has agreed to take over all duties
and responsibility imposed by the ISM Code.
‘‘Administration’’ means the Government of the State whose flag the ship is entitled to fly.
‘‘Safety Management System (SMS)’’ means a structured and documented system enabling
Company personnel to effectively implement the Company’s Safety and Environmental
Protection Policy.
‘‘Document of Compliance (DOC)’’ means a document issued to a Company which complies
with the requirements of the ISM Code.
‘‘Safety Management Certificate (SMC)’’ means a document issued to a ship which signifies
that the Company and its shipboard management operate in accordance with the approved
SMS.
‘‘Observation’’ means a statement of fact made during a Safety Management Audit and
sustained by objective evidence.
‘‘Objective evidence’’ means quantitative or qualitative information, records or statements of
fact pertaining to safety or to the existence and implementation of a SMS element, which is
based on observation, measurement or test and which can be verified.
‘‘Non-conformity’’ means an observed situation where objective evidence indicates the nonfulfilment
of a specified requirement of the ISM Code.
‘‘Major non-conformity’’ means an identifiable deviation which poses a serious threat to the
safety of personnel or the ship or a serious risk to the environment that requires immediate
corrective action and includes the lack of effective and systematic implementation of a
requirement of this Code.
Designated Person (DP) means the clear identifiable contact point between the senior levels of the
shore management and the ship. However, in the past the marine superintendent
accomplished this role. But, with various changes within the shipping industry in the past 20 to 30
years, this in some cases had a diminishing role with the result of creating a void leading to a
breakdown of communications indicating the level of relationship between the shore and the ship.
First, it is clearly anticipated that within any company there can be more than one designated person.
The actual role of the designated person is:
O A conduit between the company ashore and the specific ship on all matters relevant
to the SMS
O An independent individual with direct access to the highest levels of management
O An over-seer – verifying and checking that the SMS is functioning adequately
O Monitoring the safety and pollution prevention aspects of the operation of each ship
O Ensuring that needed resources and shore-based support are applied as required
O For organising safety audits
O For monitoring that corrective action has been taken

03rd January-2018
b) Differentiate between Voyage Charter, Time Charter and Bareboat Charter
Charter party is a written, or partly written and partly printed, contract
between a ship owner and a merchant, by which a ship is let or hired for the
conveyance of goods on a specified voyage, or for a defined period. A vessel
might also be chartered to carry passengers on a journey. Also, a written
contract between ship owner and charterer whereby a ship is hired; all terms,
conditions and exceptions are stated in the contract or incorporated by
reference. The charterer takes over the vessel for either a certain amount of
time (a time charter) or for a certain point-to-point voyage (a voyage charter),
giving rise to these two main types of charter agreement. There is a subtype of
time charter called the demise or bareboat charter.
In a time charter, the vessel is hired for a specific amount of time. The
owner still manages the vessel but the charterer gives orders for the
employment of the vessel, and may sub-charter the vessel on a time charter or
voyage charter basis.
The demise or bareboat charter is a subtype of time charter in which the
charterer takes responsibility for the crewing and maintenance of the ship during
the time of the charter, assuming the legal responsibilities of the owner and is
known as a deponent owner. Whereas, in a voyage charter, the charterer hires
the vessel for a single voyage, and the vessel's owner (or deponent owner)
provides the master, crew, bunkers and supplies.

VOYAGE CHARTER

a) General : Under voyage charters, the charterer pays for the use of
the ship’s cargo space for one, or sometimes more than one, voyage.
In these cases the owner's earnings are usually based on the quantity
of cargo loaded, or as a lump sum irrespective of the quantity of cargo
loaded.

b) Charter Party Agreement:

i) The Operator must read and be thoroughly conversant with the
charter party agreement or fixing telex and bring to the attention of the
Manager any point requiring clarification.

ii) In circumstances where the client and/or broker does not forward
the charter party, the Commercial Ship Operator shall request the
necessary voyage information.

iii) A voyage file unique to that charter party for each ship shall be
maintained by the Operator. Electronic voyage files are to be created
and stored in the company’s messaging system.

iv) These files are to be uniquely identified and located in the post
fixture department. These files must remain in the regional office until
all outstanding items pertaining to the voyage have been closed, after
which they are to be archived.

v) The charter party document is to be filed in the voyage file if made

available.

vi) Where the charter information is in the form of an email, fax, telex
or letter of abstract, this information is to be filed in the voyage file.

c) Instructions to Master :

i) The Operator must make the following details known to the Master
by email or telex as soon as they are received after completion of
charter party negotiations. In some cases this information will take the
form of a recap and/or charterers voyage orders. In some cases the
Operator will need to extract the relevant information from the charter
party:

 Charterer
 Laydays
 Ports
 Tendering of Notices
 Cargo
 Load/Discharge Rates
 Agents
 Bunker Arrangements
 Any other information which could affect the prosecution of the
voyage

ii) On receipt of the charter party the Operator shall check the advance
detail against the charter party and take up any material differences
with the client prior to sending a copy of the charter party to the
Master.

iii) In the instances where the charter party is not made available then
the Operator is to forward whatever relevant information is received
from the clients/charterers. If the Master is advised of any
requirements of the charter directly by the charterer or by their agent
the Master is required to convey these requirements to the Operator.

The above is to be filed in the voyage file.

d) Communications with the Vessel :

The Operator shall be responsible for day-to-day communications with
the Master on post fixture operation matters in compliance with the
CITM, the charterer’s voyage orders and other relevant requirements.
The specific means used and requirement for communication depend
on the urgency of the situation.

e) Cargo
The Operator, by communicating with the Master, shall monitor that:
 The cargo spaces have been accepted by the shippers
 The correct amount of cargo agreed under the charter party has
been loaded/discharged
 There are no discrepancies in the bill of lading or shore to ship
weights
 There are no problems unresolved prior to departure of the ship

Any problems relating to commercial cargo matters shall be addressed

by the Operator who shall communicate with the Master by telephone,
e-mail or telex as appropriate, to assist him in resolving these matters.
Where required, the technical manager is to be involved.
Communications from the Master and Operator and other relevant
parties shall be filed in the voyage file. The Operator may also engage
the services of the PandI Club as necessary in compliance with the
client's cover arrangements.

All other cargo related papers are also to be filed in the voyage file. The
monitoring of type and stowage of cargo is the responsibility of the
Master, however the Operator must be aware of how this relates to the
operation of the vessel. The Operator must ensure that the vessel is
complying with the charter party requirements in this respect.
f) Freight Collection :
The Operator, with the assistance of the Assistant, is responsible for
ensuring that freight is invoiced and collected in the most efficient and
accurate manner possible. The Manager is to be informed of any freight
collection problems should they arise.

g) Claims and Expenses:

The Operator will be responsible for ensuring that all claims and
expenses applicable under a voyage charter are compiled as accurately
as possible and submitted to the charterers in the most efficient
manner. This includes claims for demurrage/despatch, charterer's
expenses, cargo heating, hold cleaning, shifting etc.

The Operator, with the assistance of the Commercial Assistant, will

follow each claim closely until all outstandings have been recovered
from the charterers. If deemed necessary the Operator should seek the
services of the client's FD&D Club to assist with collecting outstandings.
The Manager should be advised of any particular problems that are
encountered in this area.

h) Agency:
The Operator, with the assistance of the Commercial Assistant, will be
responsible for ensuring that agents are appointed for the ports that
the vessel is to call to under the charterer’s voyage instructions. These
will either be nominated by the charterer or selected by the Operator in
order to provide best cost and service, based on the client's or V.Ships
preferred agency lists and/or past experience. The Operator is
responsible for ensuring that the agents perform their function in the
most cost effective and efficient manner and should bring any under
performance issues to the attention of the Manager, and if appropriate
the clients and charterers.

The Operator must carefully check the agent's disbursement accounts

when received, to ensure that voyage and running costs are properly
allocated and all charterers expenses have been billed out as
appropriate.

TIME CHARTER
a) General:
These types of charter differ from voyage charters in that the owner
places the vessel, crew and equipment at the disposal of the charterer.
The charterer then generally has full commercial control of the vessel,
including arranging bunkers, handling operations, port charges and
other matters that would normally handled by the owner under a
voyage charter. Under a time charter the owner will receive hire based
on the period of the charter or per dead-weight tonne per month.

b) Charter Party:
On receiving the recap or fixture note the Operator is responsible for
ensuring that the Master is provided with all the necessary information
in order to comply with the terms of the contract and to be able to
work with the time charterers. In particular the Operator must carefully
note the period of the charter, any cargo exclusions, trading limits,
performance warranties and the hire rate and frequency of payment.

c) Hire:
The Operator is responsible for ensuring that hire is invoiced as per the
terms of the charter party and that the same is collected without delay.
Any problems with non-payment of hire must be notified to the
Manager.

d) On/Off Hire Surveys :

The Operator must ensure that on-hire and off-hire surveys are
arranged as required and that the client's interests in this regard are
ensured. The Operator is to make best efforts to reduce the costs of
these surveys by either sharing them with the charterer or by
coinciding the on-hire survey with the previous charter off-hire survey.

e) Speed and Performance:

Speed and performance is an extremely important aspect of time
charters and the Operator must ensure that the Master is fully aware of
the provisions of the charter party warranties. Operator must ensure
that adequate arrangements are in place to ensure that speed and
performance are properly monitored and recorded in order to compile
any claims against the charterer or to check and counter any claims
that may be received from the charterer.
f) Charter Reconciliation:
With the assistance of the Assistants, the Operator must ensure that
the time charter reconciliation is carried out as quickly and accurately
as possible on the vessel being redelivered. This includes on/off hire
survey fees, delivery and re-delivery bunkers, performance claims,
owner's port expenses, off-hire claims and other such matters. The
Operator should engage the services of the clients FD&D Club if
necessary in order to assist in this if required.

g) Off-hire:
The Operator must liaise closely with the Master and the technical
manager in order to ensure that down time for owner's requirements is
kept to an absolute minimum. This will include liasing with regard to
crew changes, maintenance, stores delivery and other such matters.

h) Claims
The Operator is responsible for both compiling and countering any
claims that arise during the period of the time charter. The Manager
must be consulted in the event of any disputes or difficult claims. The
clients PandI and/or FD&D Club must be engaged to assist as required
in such circumstances.

DEMISE CHARTER

Demise charter, or bareboat charter, occurs when an owner hires or

leases the vessel to a charterer who then provides the crew, together
with stores and bunkers as well as paying for all the operating costs. In
such cases the vessel will then likely be sub-let by the bareboat
charterer on time and/or voyage charters. The preceding sections of
the procedure will then apply.

Q.2 Part XII of Merchant Shipping Act, 1958 deals with investigation and inquiry. In this context, write short
notes on three of the following:-
(i) Shipping Casualties
(II) Preliminary inquiry and formal investigation.
(III) Inquiry into charges of incompetency of misconduct.
(iv) Marine board
a) The following procedure is to be taken for a disciplinary action:
Warn the rating and give a specific time for improvement – make a log book entry
If the offence is committed for desertion, absence without leave, indiscipline or misconduct for which
the crew agreement awards a fine – make a log book entry which is to be signed by the master, mate
and one of the crew member. The offending rating is to be given a copy of the log book entry and
also explained to him. If he has a reply the same too is to be recorded. If he has no reply, a statement
to that effect has to be recorded and signed in the abovementioned manner. The signature of one of
the crew is extremely important.
(b) The objective of a casualty investigation is to:
O Find out what went wrong
O The circumstances due to which the casualty took place
O Apportion responsibility
O Take necessary action against the defaulters
O Conclude lessons learnt
O To give warnings to others of what not to do in order to prevent a similar incident
O To update annual statistics of incidents
(c) If the central government has reasons to believe that there are grounds for charging the
ship’s officer with in competency or misconduct, the central government may transmit a
statement of the case to any court having jurisdiction which is at or nearest to the place where it may
be convenient for the parties and witnesses to attend and may direct the court to make an inquiry into
that charge. Before commencing the inquiry, the court shall cause the officer so charged to be
furnished with a copy of the statement transmitted by the central government. For the purpose of any
inquiry into any charge, the court may summon the person to appear, and shall give him an
opportunity of making a defense either in person or otherwise.
(d) A marine board may, after investigating and hearing the case if it is of the opinion that the
safety of an Indian ship requires it, remove the master and appoint another qualified person to act in
his stead. If the marine board is of the opinion that the master or any officer is guilty of incompetence
or misconduct, suspend the certificate of the master or that officer. In such a case, the master or the
ship’s officer is required to be furnished with a statement of the case in respect of which an
investigation has been ordered and the person concerned has been given a right to defense

Q.3 (a) Discuss the provisions of Nairobi Convention on wreck removal as applicable to India, with regards to
following:
1) Opt out clause
2) Time limits for action by affected state (15)
(b) Differentiate between Hague Visby & Hamburg rules and what are the main features of the Hamburg rules
in the Interest of the Ship Master.\

Opt-in for territorial sea and inland waters

While the Wreck Removal Convention primarily applies to wrecks in the 200 nautical
mile exclusive economic zones of state parties, it contains an opt-in option whereby
states may also make the convention applicable to their territorial seas and inland
waters. As a result of the submissions received by the government during the
consultation process in 2010, the new consultation process initiated by the Ministry of
Transport includes a proposal to exercise the opt-in option to extend the convention to
Norway's territorial and internal waters, as well as draft legislation to implement the
same. According to the government, this is because wrecks posing a navigational
hindrance or environmental hazard along the Norwegian coast are more likely to be
located closer to shore than in the exclusive economic zone.

3.6. Time Limits

A claim for costs incurred as a result of measures taken in accordance with the
convention shall according to art. 13 WRC be brought within 3 years from the date
“when the hazard has been determined in accordance with this convention.” This
probably infers to when the Affected State has determined the wreck to constitute
a hazard.32 There is furthermore a general time limit on 6 years counted from the
time of the maritime casualty causing the wreck. The Affected State must act
within these 6 years in order to recover costs. If the maritime casualty consists of a
series of events the 6 year period is counted from the first event in the series.
These time limits seem to exclude the possibility of applying the convention on
most of the already existing wrecks (Søfartsstyrelsen (Eng. Danish Maritime
Authority), 2012, p. 12 and see also Gauci, 2009, p. 8).33 Instead the convention
focuses on future wrecks.

B) Rules related to the contract of carriage are these pre-defined rules on which shipping has been
relying upon.
Hague rules 1924 was the first convention related to this issue. Hague rules were amended several
times latest being the Rotterdam rules which were developed in 2009.
Even though Rotterdam rules are the latest rules, most of the countries have chosen to stick with the
Hague Visby rules.
That makes the knowledge of Hague Visby rules so important when it comes to the understanding
contract of carriage of goods by sea.
But Hague Visby rules look so complex, especially for the mariners who off course are not lawyers.
This post will aim to simplify the meanings of each article of Hague Visby rules.
Development of rules related to the shipper/Carrier relation
As I said first set of rules on this matter were Hague rules 1924. These were called “International
convention for the unification of certain rules and law relating to the bill of
lading“.
These rules provided something for the shippers. And it was necessary.
Earlier a shipowner with an old ship would take high insurance for that ship and then willfully sink
the ship.
He would then claim high insurance amount. There were hardly any laws to indict the ship
owner and usually ship owners had nothing to pay to the shipper in this case.
In fact, the shipowner would write the clause in bill of lading which read something like this
Ship owner will not be liable for any loss or damage to the cargo even because
of the negligence of the shipowner or the ship staff.
Hague rules defined some of the responsibilities of the carrier.
But there were some weaknesses in the Hague rule. To address these weaknesses, Hague
rules were amended slightly and were known as Hague-Visby rules.
Hague Visby rules are the most used rules to this date.
United nations felt that even the Hague Visby rules were in favor of the ship owners. As a result of
which, United nations body UNCTAD developed Hamburg rules of 1978.
In 2009, UNCTAD instead came out with more modern rules called Rotterdam rule. These rules,
however, are not yet in force.
In spite of new and modern Hamburg rules and Rotterdam rules, most of the ship operating
countries have stuck to the Hague Visby rules. That makes the knowledge about Hague Visby rules
so important.
Hague Visby Rules
While Hague Visby rules contain a number of articles, first 10 articles are the important one.
Each of these articles has been written very precisely. If you are preparing for the competency
exams, you would need to read Hague Visby rules at least 10 times to get a hang of it.
That is because we are not lawyers and sometimes we are not able to understand what each article
actually means.
I will briefly cover each article here but my main emphasis is on the practical application of the
Hague Visby rules.
Article I & Article II
Article I of the Hague Visby rules sets out some of the definitions. It gives the definitions for Carrier,
Contract of carriage, Goods, Ship, and Carriage of goods.
Article II is a statement that carrier cannot shy away from his responsibilities as set out in the articles
of the Hague Visby rules.
Article III
Article III lists the responsibilities of the carrier. If you have been sailing on a ship for some years
now, you already know what responsibilities might have been in the article III of the Hague Visby
rules. To list few the responsibilities includes
Make the ship seaworthy
The ship should have minimum manning as per Minimum safe manning certificate. The ship should
have all the equipments onboard and in working condition. All the supplies required to safely run the
ship should be onboard.
The holds should be clean and fit to receive the cargo
Carrier needs to issue bill of lading after loading of the cargo

Another important point that article III makes is this…

Shipper needs to give correct information related to the cargo loaded. Article III indemnify the
carrier of all the losses and delays because of such inaccuracies.
Now there are two time-frames that article III (6) talks about.The time frame of 3 days and time
frame of one year. Both of these time frames are inter connected.
As per article 3, rule 6 the carrier will be discharged from all liabilities unless the shipper sues the
carrier within one year from the delivery of the cargo.
Now the another time frame defines the term “Delivery of the goods”.
As per article 3, rule 6, the goods will be considered delivered upon removal from the ship unless
notice of loss or damage is given within three days.
If you need more insight on delivery of goods, you can read this case study and court
judgement in one of the case.
Another important point in article III is the point no 8. What does this point states ? Let me make
this understand in easier way.
Suppose we are in a time when there are fewer ships and more cargo to transport. Carrier (in this
case ship owner) has the upper hand as they are not short of cargo for their ships and lot of shippers
are fighting to get space on their ship. I as a ship owner can force the shipper to write a clause in bill
of lading which could be something like this
Carrier will not be liable for any delays, loss or damages whatsoever including
because of neglect on carrier’s part.
With this kind of clause on bill of lading, even if cargo is damaged or lost because of carrier’s fault,
shipper will not be able to claim any money.
Right ?
Actually it is not like that. Article III, point 8 prohibts the use of such clause in the bill of lading.
Article III, para 8 says that any clause that relieves the carrier of his responsibilities as per Hague
rules shall be null and void.
Article IV
While article III gives the responsibilities of the carrier, article IV gives some of the exemptions to
these responsibilities.
In simple words, a carrier will not be responsible for the damage, loss or delays if he had not caused
it intentionally, provided carrier had exercised due diligence.
Due diligence is a broad term and several cases has shown that it is not easy for the carrier to show
that they exercised due diligence.
In most of the cargo claim, shipper would claim damages by trying to prove that carrier did not fulfill
his duties as per article III.
Carrier will claim innocence by trying to prove that the delay, loss or damages were not in his
control. Carrier would claim exemption under article IV.
Claiming exemption under article IV is not easy for the carrier though.
For claiming the exemption as per article IV, carrier would claim that he did whatever possible to
prevent the damage.
Also that the damages occured because of the factors which were not in his direct control. As per
article IV, the burden to prove this is on the carrier and it can be very difficult to prove.
For example, let us assume a situation where damage to the cargo was caused by the fault of ship’s
crew.
The carrier can try to claim exception under article IV(2a). Article IV(2a) gives immunity to the carrier
in case the damages were caused by the fault of ship crew.
But in reality it is not easy for the carrier to claim exception in this case. This is because the court
would examine many factors to analyse if the carrier performed due diligence.
In this example court could analyse if the company’s SMS manuals have the proper guidance and
checklists which ship crew could have followed to prevent this damage.
Another topic that article IV highlights is the compensation for shipper in case of damage or loss of
the cargo. This is covered by the article IV(5).
Let us understand the article IV(5) logically. Let us say that you are the shipper whose cargo has been
damaged on board. I am the ship owner.
Now how much compensation you would claim from me ? Ideally you would claim the price of the
commodity damaged. So who will decide what is the price of the cargo or commodity that is
damaged ?
Also the price varies on the daily basis. So of which date the price will be considered ?
Article IV(5b) answers these questions. Date of actual or probable discharge (in case total loss on
mid voyage) will be the date for which we need to calculate the price of the commodity.
And we need to take the price from the commodity exchange.
Now what if the ship was carrying the cargo of gold. The ship owner’s freight is based upon the
space on ship that he provides to the shipper and not on the value of the cargo.
If the shipper declares the value of the cargo, the ship owner can take extra insurance to safegaurd
himself.
Offcourse the ship owner will ask for more freight in this case to cover his extra expenses.
But if the shipper did not declare the value of the goods, it makes sense to have a limit on how much
the shipper can claim from the carrier for damages or loss of goods.
Article IV (5a) defines this limit. The maximum liability for carrier can be 666.67 SDR per package or 2
SDR per KG of the goods damaged or lost, whichever is greater.
Article V
Now we know that as per article III, carrier cannot include any clause in the bill of lading with which
he can lessen his responsibilities.
Article V is just opposite of this statement.
Article V gives the liberty to the carrier to increase his responsibilities and liabilities. Article V also
gives the right to the carrier to surrender his rights and immunities (for example as per article IV)
provided by the hague Visby rules.

If the carrier decides to do so, it need to be included in the bill of ladings.

For example if the carrier and charterer agree to increase the maximum liability for carrier from SDR
666.67 per package, article V allow them to do that.
This increase in agreed liability for carrier need to be mentioned in bill of lading for it to have effect.
Article VI
Article VI gives complete freedom to the shipper and carrier to enter into any agreement irrespective
of what is required by other articles of hague visby rules provided
This agreement does not contradict the public policy.
No bill of lading is issued in this case
This article cannot apply to ordinary commercial shipments and there should be reasons to have this
special agreement.
One example of such special agreement can be the cargo carried in coastal voyages.
Article VII
Article VII is a simple statement of fact. It state that hague visby rules defines the carrier’s
responsibilities from the time of loading to the time of discharge.
A shipper and carrier are free to decide the extent of responsibilities and liabilities before loading
and after discharge.
Article VIII
As per Article VIII, if there is any other statutory law related to the limitation of liability of the carrier,
that law will take precedence over these rules.
Article IX
Article IX is again self explainatory. This article states that if these rules contradicts any international
convention or national law, that convention or law will have the priority.
Article X
I believe article X should have been the first article of the Hague visby rules. This article defines the
extent of applicability of the hague visby rules.
This article states to which contracts or bill of ladings the hague visby rules would apply.
As per article X, the application of these rules falls in two categories.
Application by force of statute (Article X, a & b). That is if the bill of lading is issued in the country
which has ratified the hague visby rule, the hague visby rule will apply to that bill of lading. Or if the
load port is in a country which has ratified hague visby rules, these rules will apply to the bill of
lading issued for the cargo loaded.
Application by agreement between two parties. This mean that even if the hague visby rules do not
apply as per Article X (a or b), if the carrier and shipper has mentioned in the bill of lading that hague
visby rules would apply then these rules will apply to the bill of lading.
lets see an example.
A cargo is loaded from Bangladesh (not ratified Hague visby rules) for discharge in UK (ratiefies
Hague visby rules). The bill of lading is issued in Bangladesh. Will the Hague visby rules apply to the
bill of lading ?
The answer is No.
Now in the same condition if the shipper and carrier agree to have the hague visby rules
incorporated in the bill of lading, the hague visby rules would apply to the bill of lading.
Why is the article X so important ? Let us say a shipper wants to sue the carrier as per hague visby
rules for loss or damage to the cargo.
For him to successfully sue the carrier as seek compensation as per Hague visby, hague visby rules
should be applicable to the bill of lading.
Now if the hague visby rules do not apply in his case, he cannot use other articles of the hague visby
rules to sue the carrier.
Conclusion
In spite of many years and more modern rules for carriage of goods in place, hague visby rules still
dominates the shipping industry.
This makes the knowledge of Hague visby rules so important for anyone connected with the carriage
of goods.
Knowledge of these rules can a give new view point to the seafarers about what are the
responsibilities of the carrier for whom they work.

Hague-
Hague Visby US Hamburg Rotterdam
Rules Rules COGSA Rules Rules

1924 1968 1936 1978 2009

• B/L issued
Bills of Shipments in a
Lading • B/L issued to and contracting Contracts of carriage where any
Scope of issued in a from state of the following places are

• Carriage to
in a or from a located in a
contracting contracting the United contracting contracting
application state. state States in state state:

• If B/L
provides for
• Carriage is foreign Rules to • Place of
from a trade. apply receipt

Port in a • Port of
contracting loading

• Place of
state delivery

• Contracts • Port of
of carriage discharge

which
incorporate

the Rules

Carrier
Covers the period from the time responsible In addition
when the goods are loaded on the while “in to sea
Geographical ship until charge” of the carriage:

goods at port
of loading,
they are discharged from during the • Stevedoring / terminal storage
application the ship. carriage, services

and at port of • Freight-

discharge i.e. forwarding
normally from services

time goods • Domestic

are taken inland road
over from the and rail
shipper carriage if no
competing
 to time
delivered to • Inland
the water
consignee. carriage

•
International
} convention
inland road
and rail applies

“Any contract
Contracts of carriage covered by a of carriage Contracts of carriage of goods
B/L or any similar document of title, whereby the by sea against a payment of
Which or carrier freight,

undertakes
when such is issued under or against which may include carriage by
pursuant to a Charterparty from the payment of other modes of transport in
contracts are moment freight to addition to

carry goods
at which such document of title by sea from
regulates the relations between a one port to carraige by
covered? carrier another”. sea.

Need not be a
and a B/L or
holder of document of
Includes “transport documents”
the same. title.
and “electronic transport
records”.
Excludes
charterparties
(unless rules
are
Excludes charterparties (unless
rules are incorporated).
incorporated).

“Any person
by whom or in A person who enters into a
Owner or charterer “who enters into whose name contract of carriage with a
Who is the contract of carriage with a shipper”. a shipper.

contract of
carriage has Inclusion of a “Performing party”
been and a “Maritime performing
carrier? concluded party”.

with a
shipper”.
Covers
“actual” and

“contractual”
carrier.

Rules do not
expressly Goods may
Excluded from Rules if Excluded exclude deck be carried
Deck cargo stated to be carried on from US cargo. on deck if:

deck on COGSA – Carrier can • Such

face of unless the undertake carriage is
B/L. deck carriage required by
 if law

agreed with
shipper or in • Carried in containers or
B/L states accordance vehicles fit for deck carriage and
Undeclared deck the cargo with the decks
carriage may affect
carrier’s the usage of
a particular
is carried trade in which are specially fitted to carry
ability to rely on on deck case such containers or vehicles
defences, although the
carrier B/L should so
state that • Carriage on deck is in
and is so goods are accordance with the contract of
carried. carried carriage,
may still rely on package
limitation. customs/usages and practices
on deck. of the trade in question

Carrier liable
for Note: If goods carried on deck in
unauthorised cases not permitted by above
deck carriage and

if carried on- damage/loss is caused

deck contrary exclusively by such deck
to express carriage, carrier not

agreement,
and can be
deprived from entitled to its
its defences.

defences and
limitations of
liability. If carrier agreed to carry the
goods under-deck and carries
them on

deck which causes loss/damage,

carrier not entitled to its
limitations

of liability.

Rules are silent – No express Carrier

obligation to deliver goods beyond responsible Carrier’s obligation continues
Delivery of the port until until delivery.

goods are
of discharge, however, the carrier delivered to
the goods can contract to do so. the

consignee.

No Claimant may
express choose where Claimant may choose where to
Law and provisions. to commence commence proceedings:

• Domicile of
Jurisdiction/ proceedings: the carrier

Arbitration • Place where • Place of

defendant
 has principal
place receipts

• Place of
of business delivery

• Port of
• Place where initial load or
contract was final
made discharge

• At any court named in an

• Port of agreed non-exclusive jurisdiction
loading clause

• Port of
discharge
Parties can also agree arbitration
• Place after a dispute has arisen.
specified in
arbitration
clause.

Arbitration
agreement
permitted. If

incorporating
charterparty
arbitration

clause, must
be
incorporated
in the B/L.

2 years Litigation or arbitration to be

unless judicial commenced within 2 years from
Limitation 12 months 12 months 12 months or arbitral date of

proceedings delivery or when goods should

have been have been delivered. (claims by
of action/ instituted. cargo
Indemnity
actions may
interests or
Time-bar be brought carrier).
after the one

Indemnity proceedings may be

year, see Art commenced after this period (at
III, 6bis. least

90 days from date of

commencement of action against
carrier).

Hague-Visby US Rotterdam
Hague Rules Rules COGSA Hamburg Rules Rules

1924 1968 1936 1978 2009

 Same as Hague-
Visby Rules
however the
Carrier must exercise due diligence before and at Carrier, his servants and carrier’s
Carrier’s beginning of voyage to: agents must take obligation to

exercise due
diligence to make
the ship
• make ship all measures that could seaworthy is
general duty seaworthy reasonably be extended to

cover the entire

voyage. It is now
• properly man, equip and supply the required to avoid the event “to make and
of care ship causing loss and keep the ship

• make holds etc. fit and safe for reception, carriage and
preservation of cargo its consequences. seaworthy”.

It also includes an
obligation “to
Carrier must properly and carefully load, handle, stow, deliver” the
carry, keep, care for goods.

and discharge goods.

No specific list of defences. Additional

defences to those
listed in the
• Act, neglect, or default of the master, mariner, pilot or Hague-Visby
Carrier’s the servants of the Rules include:

• War hostilities,
carrier in the navigation or in the management of the armed conflict,
defences ship piracy, terrorism
Carrier must prove he, his
servants or agents, • Loading,
handling, stowing,
or unloading of
• Fire, unless caused by the actual fault or privity of the the goods, unless
carrier the
took all measures that could
reasonably be carrier or a
performing
party performs
• Perils, dangers and accidents of the sea or other such activity on
navigable waters behalf of the
required to avoid the
occurrence and its shipper or the
• Act of God consignee

consequences. • Reasonable
measures to save
or attempt to save
• Act of war property at sea

• Reasonable
measures to
avoid or attempt
to avoid damage
• Act of enemies to the

• Arrest or restraint of princes, rulers or people, or seizure

under legal process environment
 • Acts of the
carrier in
pursuance of the
• Quarantine powers conferred
restrictions by articles

• Act or omission of the shipper or owner of the goods, 15 and 16 (in

his agent or relation to
goods that may
become
dangerous and

representative need to be
sacrificed for
the common
safety)

• Strikes or lockouts, or stoppage or restraint of labour “Error of

from whatever cause navigation”
defence and “any
other cause”
defence have
• Riots and civil commotions

been removed.
• Saving life or attempting to save life

• Wastage in bulk or weight or any other loss or damage

arising from inherent

defect, quality or vice of the goods

• Insufficient
packaging

• Insufficiency or inadequacy of marks

• Latent defects not discoverable by due

diligence

• Any other cause arising without the actual fault or

privity of the carrier

Notice of loss to
be given at the
Notice of loss or damage must be given in writing to the time of delivery, or
Notification of carrier or his agent In writing to the carrier: if the loss/damage

is not apparent
then within 7
working days.
before or at the time of delivery, or within 3 days where • by the working day Such notice is not
damage damage is not following delivery to required

when
loss/damage is
ascertained by
way of a joint
apparent. consignee inspection/survey.

• within 15 days of delivery Failure to provide

where damage notice shall not
affect the right to
claim
is latent
 compensation nor
the allocation of
burden of proof.
Notice of delay must be No compensation
given within 60 days
for delay if notice
given after 21
days of delivery.
of delivery.

3 SDRs per kg or
875 SDRs
package or
2.5 SDRs per kg or 835 shipping unit –
Limitation of 100 pounds sterling 2 SDRs per kg or USD500 per SDRs package or whichever

shipping unit – whichever is

Liability per package or unit 666.67 SDRs per package or the higher. is the higher.

package – customary
whichever freight unit

is higher

Liability for
economic loss
due to delay is
2.5 times freight payable on limited to an
Liability Rules are silent. goods delayed, amount

equivalent to 2.5
times the freight
subject to upper limit of total payable on the
for delay freight on all goods delayed.

The total amount

payable not to
goods or amount of limitation exceed the limits
if goods have of liability under

been lost or destroyed. the rules.

The carrier
cannot limit if the
claimant proves
Right to limit lost Carrier will Right to limit lost if damage that the loss
Loss of right No special provisions. if only lose caused by resulting

from the breach

of the carrier’s
carrier intends to right to limit intention, with knowledge obligation was
to limit cause liability if that damage attributable to a

“personal act or
omission… done
with the intent to
loss or is he intended could occur or recklessness. cause such loss
liability reckless to Also when or

knowing loss cause goods are carried on deck recklessly and

would loss/damage contrary to with knowledge
that such loss
would probably
 result”.

or was express agreement to carry

probably result. reckless under-deck.
Damage/loss due
knowing to delay included.
such

loss/damage
would

probably
result.

Detailed wording
on how the
Shipper must show cargo was delivered to the carrier in Carrier must prove that burden of proof
Burden of good order and reasonable steps to operates.

The carrier is
liable for loss,
damage or delay if
condition but received at destination in damaged avoid loss were taken unless the claimant
Proof condition. A clean B/L is damage is proves that

such loss,
damage, delay or
event (which was
prima-facie evidence of this. Under English law the causative or
claimant must establish caused by fire. contributed

by) took place

during the
carrier’s
breach of a seaworthiness obligation or failure to responsibility for
properly and carefully carry the goods.

the goods. Once this is established, the burden of proof The carrier is
shifts to the carrier liable if the
claimant proves
that loss, damage
or delay
to show either due diligence or the application of one of
the defences.
was caused or
attributed by a)
unseaworthiness
of the ship,

b) improper
crewing,
equipping or
supplying of the
ship,

c) if the holds or
other parts of the
ship (including
containers) were

not fit and safe for

carriage,
reception and
preservation of
the goods.

The carrier is
relieved from
liability if it can
 prove that the
cause or

one of the causes

is not attributable
to its fault or the
fault of its

subcontractors,
agents or
employees.
Alternative to
proving absence

of fault, the
carrier must
prove that the
damage was
caused by one

of the exceptions
in the list of
defences.

Rotterdam Rules.pdf

Q.4 (a) With reference to maneuvering in heavy weather explain in detail (i) Synchronous rolling (ii) Loss of
intact stability (III) Broaching to (15)
(b) Explain in detail 2013 amendments to ISM Code which came in force on 01-January 2015. What is the
likely impact of these amendments onboard and in company’s office?
Synchronous rolling is generally a beam sea situation whose encounter frequency doesn't
change with speed of the vessel, but whose wave components are close to the vessel's natural
requency in roll. Generally a heading change with solve this problem unless one is dead in the water."
Synchronous rolling motion
Large rolling motions may be excited when the natural rolling period of a ship coincides with
the encounter wave period. In case of navigation in following and quartering seas this may
happen when the transverse stability of the ship is marginal and therefore the natural roll period
becomes longer.
For synchronous rolling and parametric rolling motions
The master should prevent a synchronous rolling motion which will occur when the encounter wave
period TE is nearly equal to the natural rolling period of ship TR. For avoiding parametric rolling in
following, quartering, head, bow or beam seas the course and speed of the ship should be selected in a
way to avoid conditions for which the encounter period is close to the ship roll period or the
encounter period is close to one half of the ship roll period.

Broaching: - when a steep following sea causes the vessel to ‘surf’ forwards controllably, the
bow tends to ‘dig’ into the wave ahead, decelerating the vessel rapidly. The forces on the stern will
cause the stern to swing violently to the left or right and the vessel will come to rest
broadside to the waves. A rapid “broaching” may cause the vessel to capsize. As we know, the best
way to avoid a possible capsize in heavy seas is to keep the bow into the seas. The next best
alternative is to have the stern into the seas. Remember, if the seas get too rough, keeping the stern
into the seas may present additional risks of pooping and even surfing out of control. If you are
 caught in this situation, the only option left now is to turn the vessel around to head into the seas. It
may be also necessary to turn the vessel around to avoid running into an obstruction ahead such as the
coast, shallow water, etc. Turning the vessel around in heavy seas is rather tricky. It should be timed
to ensure that the vessel has completed the turn by the time the next large wave reaches it.
The actual turn should be done within the trough, not on the crest. Attempting to perform the
turn on a crest could result in capsize. The turn has to be made quickly to minimise the time
when the seas are abeam. Wherever possible, avoid taking a vessel out into heavy weather or if

Loss of Intact Stability is damage stability

Part b-2013 amendments

IMO adopted amendments to the ISM Code through
MSC.353(92)
The IMO Maritime Safety Committee in its Session 92 adopted
amendments to the ISM Code through IMO Resolution MSC.353(92) which
shall enter into force on 1 January 2015.
The amendments to the ISM Code are as follows:

Paragraph 6.2 has been amended requiring the Company to ensure that each ship is:
manned with qualified, certificated and medically fit seafarers in accordance with national
& international requirements and appropriately manned ships in order to encompass all
aspects of maintaining safe operations onboard.
A new Paragraph 12.2 has also been adopted requiring the Company to: periodically
verify whether all those undertaking delegated ISM-related tasks are acting inconformity
with the Company's responsibilities under the Code

The amended ISM-Code includes various new footnotes with guidelines and recommendations
developed by the IMO. Although the footnotes given in the ISM-Code are inserted for reference
andguidance purposes and do not constitute requirements under the Code, in accordance with
paragraph1.2.3.2, all relevant guidelines, recommendations, etc. should be taken into account.

The following guidelines have been added as footnotes to the amended ISM-Code:
 Procedures concerning observed ISM Code major non-conformities
 List of codes, recommendations, guidelines and other safety and security related mandatory instruments
 Revised Guidelines for the operational implementation of the International Safety Management (ISM) Code
by companies
 Guidance on the qualifications, training and experience necessary for undertaking the role of the Designated
Person under the provisions of the International Safety Management (ISM) Code
  Guidelines for a structure of an integrated system of contingency planning for shipboard emergencies
 Guidance on near-miss reporting
 Revised list of certificates and documents required to be carried on board ships
Q.5 a) What is ‘LOF’ and give details of two clauses which have been added to LOF 2000 & LOF 2011.
b) State the measures prescribed by Indian Maritime Administration in curbing & preventing incidents of piracy
in Gulf of Aden / Somalia.
(a)
LOF is the most widely used “no cure-no pay” salvage contract. In return for salvage services, the
salver receives a proportion of the “salved value” (the value of the ship, its bunkers, cargo and freight
at risk). Traditionally, reward depends upon success and the recovery of property.
In the past, if there was no recovery, there was no payment, whatever the expense of the
operation. This has changed in recent years, to reflect the public interest in prevention of
damage to the environment. The salver can now contract in such a way that he is shielded from loss
when responding to high risk or low value casualties. LOF provides a regime for
determining the amount of remuneration to be awarded to salvers for their services in saving
property at sea and minimising or preventing damage to the environment. The Salvage
Arbitration Branch is responsible for the administration of Lloyd's Standard Form of Salvage
Agreement, or LOF as it is more commonly referred to.
NO CURE – NO PAY
The first modern text of the Lloyd’s Form of Salvage Agreement (universally known as
Lloyd’s Open Form, or LOF) was adopted in 1892. By 1908 the text had been standardised.
Since then LOF has undergone 11 revisions; the current edition is LOF 2011, introduced in
January 2011. The LOF contract continues to evolve, to meet changing circumstances and new
concerns. Most recently the priority is now given to protection of the marine environment.
LOF 2000: Introduction of SCOPIC Clause.
LOF 2011: The latest version incorporating SCOPIC 2005 & 2007.
Practical experience of the use of SCOPIC highlighted some areas where clarification was
required and led to the introduction of new SCOPIC clauses, known as SCOPIC 2000,
SCOPIC 2007 and more recently SCOPIC 2011. New versions of Lloyds Open Form also
came into force in 2000, known as LOF 2000, and more recently LOF 2011 in 2011. The main
provisions of SCOPIC are as follows:
O In a salvage incident, the contracting salver undertakes the salvage on a ‘no cure – no
pay’ basis. But, under LOF 90, LOF 95, LOF 2000 or LOF 2011, the salver has the
option of invoking the special provisions of the SCOPIC clause at any time, regardless
of the circumstances.
O The salver does not have to prove an environmental threat and there is no geographical
restriction. Once the notice of invoking the SCOPIC clause has been given, an
assessment of the SCOPIC remuneration will start. The salver cannot make any claims
under article 14 once SCOPIC has been invoked.
O Remuneration rates payable under the SCOPIC clause are based on a standard tariff for
time equipment and materials used, plus a standard bonus of 25%. The P&I clubs have
reached agreement with the ISU on the tariff rates for tugs, personnel and other
equipment.
O Salvage services then continue to be assessed in accordance with article 13, even if the
contractor invokes the SCOPIC clause. If there is no potential article 13 award, for
example in an unsuccessful salvage operation, the SCOPIC remuneration is to be paid
by the ship-owner. However, if the contractor invokes the SCOPIC clause and then the
article 13 award is greater than the SCOPIC remuneration, the article 13 award will be
discounted by 25% of the difference between it and the amount of the SCOPIC
remuneration that would have been. This is to discourage salvers from invoking
SCOPIC unnecessarily.
O A further requirement is that when the SCOPIC clause is invoked, the ship-owner must
provide security in an amount of US$3 million within two working days. The P&I clubs
expect to provide security for SCOPIC, but provision is not automatic. If the shipowner
does not provide the security within the two working days required, the
contractor can withdraw from the provisions of the SCOPIC clause and revert to its
rights under article 14. The amount of security may be adjusted by agreement or
arbitration at a later stage.
O The rights of the ship-owner are looked after during the salvage operations by a
casualty representative (SCR). The advantages of the SCOPIC clause to ship-owners
and P&I clubs is that there should be little need for arbitration on special compensation
awards and they have more knowledge and, perhaps, control of the salvage operation.
O It is no longer necessary to prove an environmental threat and the geographical
restriction has been removed. This may be an advantage to salvers and a disadvantage
to ship-owners. The provision of security to the salvers is also more certain.
2000 and LOF 2011 enable the parties to specify whether SCOPIC forms part of the
agreement.
The LOF Solution - SCOPIC (Special Compensation P&I Club Clause)
In the light of the problems encountered, a sub-committee formed from representatives of the
International P&I Group and the International Salvage Union (ISU) began to meet in the
autumn of 1997 with a view to developing in LOF cases a scheme to replace the method of
assessing special compensation under Article 14 and resolve other problems then being
encountered. The principle behind the SCOPIC clause was born at those preliminary meetings and
later developed by the two sub-committees together with two other sub-committees. One appointed
by the London property underwriters and another by the International Chamber of Shipping (ICS).
In August 1999, some 18 months after the idea was first suggested, and after lengthy
discussion and consultation, the wording of the clause was finalised. Final agreement required give
and take on the part of all sides and represented a balance of everyone's interest. While SCOPIC is
lengthy, this was necessary for it was designed to resolve just about every problem that then existed,
or could be envisaged, and avoid the extensive litigation that had been generated by Article 14.
There proved to be a number of minor errors and omissions in the original SCOPIC clause
resulting in a revision (SCOPIC 2000) in August 2000 to coincide with the publication of LOF
2000. The second revision (SCOPIC 2005), which made some fine adjustments, came into
effect on 1 August 2005. The third revision (SCOPIC 2007), which inter alia, and for the first
time, amended all the rates in Schedule A, came into effect on 1 July 2007. The fourth version
(SCOPIC 2011), which again amended the rates, came into force on the first of January 2011.

Part B)
Purpose of this Merchant Ship notice M.S.19/2002 is to bring to the attention of all masters,
crew, ship owners, managers and agents, the risk of piracy on high seas and armed robbery
against ships while at anchor, in port or while underway through the waters of a coastal state.
This notice is more importantly meant to serve as a guide in dealing with such acts of violence.
Piracy is an offence committed on the high seas or in a place outside the jurisdiction of any
State. As per provisions of the United Nations Convention on the Law of the Seas (UNCLOS), a
pirate who has been apprehended on the high seas is to be dealt with under the laws of the flag State
of his captors.
Within territorial waters, jurisdiction over armed robbers or pirates rests solely with the Coastal State.
Guidance in Preparing an Anti-Piracy Plan
These guidelines are purely recommendatory in nature.
The Anti-Attack Plan
The plan should be ship specific & prepared while taking in account the level of risk that may
be encountered. Some of the factors that merit consideration would be, number of crew
available and their capabilities & training, design of the ship in the respect to ability to
establish secure areas, availability of surveillance and detection equipment onboard etc. A
typical plan would consist of following key points.
Key points:
Be vigilant
Reduce opportunities for theft
Establish secure area(s)
Prepare and exercise anti-attack plans
Report all incidents to the coastal and flag state authorities
If Attackers Board the Vessel
There is no substitute to early detection of potential attacks and this first line of defence must be
strengthened utilizing all available resources available. In an unfortunate instance where attackers
have indeed managed to board the vessel, following should be adhered to, in as much as possible
under the circumstances:
O Securing the greatest level of safety for those on board the vessel;
O Seeking to ensure that the crew remains in control of the navigation of the vessel;
O Securing the earliest possible departure of the attackers from the vessel
O Crewmembers should operate together and remain in constant communication with the
bridge and should be recalled if their line of withdrawal to a secure area is threatened.
There will be many circumstances when compliance with the attackers' demands will be the
only safe alternative and when resistance or obstruction of any kind could be both futile and
dangerous. It should be remembered that attackers are in fact almost always short of time.
Masters are advised to exploit this weakness.
Action after an Attack
If crew has apprehended an attacker, he should be placed in secure confinement and well cared for.
Arrangements should be made to transfer him to the custody of law enforcement officers of a coastal
State at the earliest possible opportunity. Any evidence relating to his activities should also be handed
over to the authorities who take him into custody. If an attack has resulted in the death of or serious
injury to any person on board the ship or serious damage to the ship itself, an immediate signal should
also be sent to the ship's maritime administration as per the statutory requirements.
Any CCTV or other recordings of the incident should be secured. If practicable, areas that have been
damaged should be secured and remain untouched by crewmembers pending possible forensic
examination by the law enforcement agencies of a coastal State. Crewmembers that have came in
contact with the attackers should be asked to prepare an individual report on their experience noting
in particular any distinguishing features, which could help subsequent identification of the attackers.
A full inventory of stolen goods including a description of any personal possessions or
equipment damaged/stolen should be prepared.
Q.6 a) What are the objectives of Port State control and how would you as a Master ensure that the vessel is
prepared for a PSC inspection?—
The concept of a state exercising its jurisdiction over ships that ply its waters and particularly those
that call at its ports is well established in both history and legal practice.
It is universally acknowledged that once a ship voluntarily enters a port it becomes fully
subject to the laws and regulations prescribed by the officials of that territory for events
relating to such use and that all types of vessels, military and other, are in common expectation
obliged to comply with the coastal regulations about proper procedures to be employed and
permissible activities within the internal waters. Port State Control (PSC) is the inspection of foreign
ships in national ports to verify that the condition of the ship and its equipment comply with the
requirements of international regulations and that the ship is manned and operated in compliance with
these rules.
Port State Control (PSC) is a ship inspection program whereby foreign vessels entering a
sovereign state's waters are boarded and inspected to ensure compliance with various major
international maritime conventions, namely:
1. International Convention for the Safety of Life at Sea (SOLAS),
2. International Convention for the Prevention of Pollution from Ships (MARPOL),
International Convention on Standards of Training Certification and Watch keeping
for Seafarer (STCW\
3. Load Lines (LL),
4. Convention on the International Regulations for Preventing Collisions at Sea
(COLREG)
5. International Labour Organization’s Maritime Labour Convention.
b) What are the duties of the classification societies?
The Purpose Of Classification of a Ship is for Insurance Purposes, Therefore,
when the vessel is being built, it has now become imperative by tradition and
practice of the shipping world over the years that the ship is classed by a
classification society. The classification society starts its work from the approval
of plans prior to the commencement of construction. During the entire period
the ship is under construction, a classification surveyor will survey the
workmanship of construction. The objective here is of course from the future
insurance point of view, but a ship owner today cannot afford to function
without the certificationfrom a classification society. So, in a nutshell, the scope
of classification is:
Ø A technical review of the design plans and related documents for a new
vessel to verify compliance with the applicable rules.
Ø Attendance at the construction of the vessel in the shipyard by a
classification society surveyor(s), and at the relevant production facilities
that provide key components such as the steel, engine, generators and
castings, to verify that the vessel is constructed inaccordance with the
classification rules
Ø Upon satisfactory completion of the above, the ship owner‟s request for the
issuance of a class certificate will be considered by the relevant
classification committee, or another body, of the class society and, if
deemed satisfactory, the assignment of class will be approved and a
certificate of classification issued.
Ø Once in service, the owner must submit the vessel to a clearly specified
program of periodical class surveys, carried out onboard the vessel, to
verify that the ship continues to meet the relevant rule conditions for
continuation of class.
Classification is part of a life-long process to assure a ship is built and
maintained to industry accepted standards. There are four steps to it:
1. Development of Rules of Classification: Rules are developed in accordance
with field and engineering experience and are reviewed and approved by an
extensive committee system off or most industry experts. Thus the Rules are
acceptable to a broad spectrum of owners, charterers, operators, and the class
society‟s in-house experts. Not all classification societies have such a "public"
Rule-making process.
2. Design Review: Designers of marine vessels submit their designs to
classification society (of their choice) engineers to verify that requirements have
been met. Lists of requirements for submittals are found in each society‟s set of
Rules or Guides.
3. Survey during construction. Approved design drawings are sent to
classification surveyors at vendor shops and fabrication yards. There the
surveyors confirm that the equipment as built conforms to the requirements and
the approved drawings.
4. Surveys after construction. Once commissioned, periodic surveys as well as
damage and repair surveys, are performed throughout the life of the ship to
ensure that the ship remains incompliance with the classification rules, thereby
enhancing the safety of the ship and the protection of the environment.
Classification surveyors visit each vessel at least every 15months over a five-
year
cycle. An "Intermediate" survey is conducted after two and a halfyears. Once
each five years a comprehensive survey is performed, a "Special" survey,
including dry-docking.

Recognized Organizations (RO)

SOLAS and the other International Conventions permit the flag Administration to delegate the
inspection and survey of ships to a Recognised Organization (RO). This is in recognition of the fact
that many flag Administrations do not have adequate technical experience, manpower or global
coverage to undertake all the necessary statutory inspections and surveys using its own staff. The
degree to which a flag State may choose to delegate authority to a RO (Class Society) is for each flag
State to decide, with the authority granted being clearly identified in the relevant memoranda of
understanding agreed between the Class Society and the Administration. In most cases the RO is
empowered to require repairs or other corrective action to a ship and to withdraw or invalidate the
relevant certificate if the necessary action is not taken (e.g. SOLAS Chapter I, Reg 6). IMO
Resolution A.739(18) lays down mandatory minimum requirements for ROs. Fundamentally it
requires the organization to demonstrate its technical competence and to be governed by the
principles of ethical behaviour. The RO is to be subject to the certification of its quality system by an
independent body of auditors accepted by the Administration.
Recognised Security Organisation (RSO)
Criteria for verification of compliance with the requirements of the ISPS Code shall be
In accordance with the applicable sections of the SOLAS XI-2 and the ISPS Code Part A.
A Classification Society performing verification of compliance with the requirements of
the ISPS Code shall meet all the requirements. If a Classification Society, acting as RSO,
has been involved in either the conduct of the SSA or the development of the SSP or any amendments
for a specific ship, that Classification Society shall not, due to potential conflict of interest, approve
the SSP or conduct verifications for the certification of the ship.
A Classification Society that approves a SSP or issues an ISSC shall have implemented a documented
system for the qualification and continuous updating of the knowledge and competence of auditors
who perform such approvals or verifications in compliance.
Only auditors who are qualified as required by PR 10 shall carry out approvals and
verifications. A Classification Society, as RSO, that approves a SSP or issues an ISSC shall have
implemented a documented system for the performance of the processes involved in
accordance with this Procedural Requirement. This system shall, inter alia, include procedures and
instructions for the following:
O The establishment of contract agreements with Companies in Respect of Their ships.
O The scheduling And performance Of SSP approvals and verifications.
O The reporting of the Results of SSP approvals and verifications.
O The issue of interim and full term ISSC certificates.

Q.7 a) List the contents of the Polar code, date when it came in force and the associated manuals required to
be on board?
b) What are the precautions to be taken before entering an area of pack ice?

7a) &b) (a) Contents of Polar Code

Chapter 1 - General
PART A – CONSTRUCTION PROVISIONS
Chapter 2 - Structures
Chapter 3 - Subdivision and stability
Chapter 4 - Accommodation and escape measures
Chapter 5 - Directional control systems
Chapter 6 - Anchoring and towing arrangements
Chapter 7 - Main machinery
Chapter 8 - Auxiliary machinery systems
Chapter 9 - Electrical installations
PART B – EQUIPMENT
Chapter 10 - Fire safety
Chapter 11 - Life-saving appliances and survival arrangements
Chapter 12 - Navigational equipment
PART C – OPERATIONAL
Chapter 13 - Operational arrangements
Chapter 14 - Crewing
Chapter 15 - Emergency equipment
PART D – ENVIRONMENTAL PROTECTION AND DAMAGE CONTROL
Chapter 16 - Environmental protection and damage control
(b) Precautions prior entering the ice
The first principle of successful ice navigation is to avoid stopping or
becoming stuck in the ice. Once a ship becomes trapped, it goes wherever the ice goes. Ice
navigation requires great patience and can be a tiring business, with or without icebreaker escort. The
longer open water way around a difficult ice area whose limits are known is often the fastest and
safest way to port or to reach the open sea.
NOTE: Do not underestimate the hardness of ice and its potential for inflicting damage.
For an un-strengthened ship, or for a ship whose structural capability does not match the
prevailing ice conditions, it is preferable and safer to take any alternative open water route
around the ice even if it is considerably longer. An open water route is always better than going
through a large amount of ice. Any expected savings of fuel will be more than offset by the risk of
damage, and the actual fuel consumption may be higher by going through ice, even if the distance is
shorter.
The following conditions must be met before a vessel enters an ice field:
a. Follow the route recommended by the Ice Superintendent via the Marine
Communications and Traffic Services Centre (MCTS). This route is based on the
latest available information and Masters are advised to adjust their course
accordingly if changes are recommended during the passage.
b. Extra lookouts must be posted and the bridge watch may be increased, depending
on the visibility.
c. There must be sufficient light to complete the transit of the ice field in daylight or
the vessel must be equipped with sufficient high-powered and reliable searchlights
for use after dark.
d. Reduce speed to a minimum to receive the initial impact of the ice.
e. The vessel should be at right angles to the edge of the pack ice at entry to avoid
glancing blows and the point of entering the ice must be chosen carefully (see
Figure 1 ), preferably in an area of lower ice concentration.
f. The engine room personnel should be briefed fully as to the situation and what may
be required of them, as it may be necessary to go full astern at any time, and engine
manoeuvres will be frequent as speed is constantly adjusted.
g. The ship should be ballasted down to ice draft, if appropriate, or to such a draft that
would offer protection to a bulbous bow, rudder, or propeller (as applicable).
h. The ship should be fitted with an internal cooling system for use in the event that
the main engine cooling water intake becomes clogged with slush ice.

NOV 2017
A Letter of Credit is a payment term mostly used for long-distance and international commercial
transactions.

Letters of credit are indispensable for international transactions since they ensure that payment will
be received. Using documentary letters of credit allows the seller to significantly reduce the risk of
non-payment for delivered goods, by replacing the risk of the buyer with that of the banks. Letters of
credit have become a crucial aspect of international trade , due to differing laws in each country and
the difficulty of knowing each party personally.

After trade between countries made it impossible to do business by traditional payment methods,
Letters of credit make it possible to do business worldwide.

Originally, Letter of Credit was literally a letter written by the buyer's bank to the seller's bank
promising that they guarantee to pay the seller in case of the buyer's default.

In modern business world, a letter of credit is basically an undertaking by a bank to make a payment
to a named Beneficiary within a specified time, against the presentation of documents which is
strictly in compliance with the terms of the letter of credit.

That is to say, banks issue letters of credit as a way to ensure sellers that they will get paid as long
as they do what they've agreed to do. Hence, in essence, letter of credit is a promise to pay.

This mechanism has its own jargon:

The Buyer is the Applicant or the Account Party and the Seller or the Ultimate Recipient of Funds is
the Beneficiary.

The Bank that issues the LC is referred to as the Issuing Bank which is generally in the country of
the Buyer.

The Bank that Advises the LC to the Seller is called the Advising Bank which is generally in the
country of the Seller

Abbreviations for 'letter of credit' include L/C, LC, and LOC .

In the very beginning, one must note that Letters of credit deal in documents, not goods, thus the
Bank scrutinizes the 'documents' and not the 'goods' for making payment which explains why the
technical term for Letter of credit is 'Documentary Credit'.

In this context, the process works both in favour of both the buyer and the seller. The instrument is
designed to reduce the risk taken by each party. The Seller gets assured that if documents are
presented on time and in the way that they have been requested on the LC the payment will be
made and Buyer on the other hand is assured that the bank will thoroughly examine these presented
documents and make sure that they meet the terms and conditions stipulated in the LC.
Letter of credit advantages for the seller
 The seller has the obligation of buyer's bank's to pay for the shipped goods;
 Reducing the production risk, if the buyer cancels or changes his order

 The opportunity to get financing in the period between the shipment of the goods and receipt
of payment (especially, in case of deferred payment).

 The seller is able to calculate the payment date for the goods.

 The buyer will not be able to refuse to pay due to a complaint about the goods

Letter of credit advantages for the buyer

 The bank will pay the seller for the goods, on condition that the latter presents to the bank the
determined documents in line with the terms of the letter of credit;
 The buyer can control the time period for shipping of the goods;

 By a letter of credit, the buyer demonstrates his solvency;

 In the case of issuing a letter of credit providing for delayed payment, the seller grants a
credit to the buyer.

 Providing a letter of credit allows the buyer to avoid or reduce pre-payment.

2A) If any seaman dies during a voyage the Master must report the death to the next-of-kin of the
seaman, the Shipping master and the Head Office. The property and the wages of the deceased seaman
will be taken care of by the master and he will enter full details in the official log book. If he fails to take
charge then he is accountable to the Shipping Master.

Property of deceased seamen and apprentices

152. Master to take charge of the effects of deceased seamen.—(1) If any seaman or apprentice engaged on
any ship, the voyage of which is to terminate in India, dies during that voyage, the master of the ship shall
report the death to the next-of-kin of the seaman or apprentice and to the shipping master at his port of
engagement and shall take charge of any money or effects belonging to the seaman or apprentice which are on
board the ship.

(b) compelling the production of documents;

(c) issuing commissions for the examination of witnesses;
(d) any other matter which may be prescribed,
and any proceeding before the tribunal shall be deemed to be a judicial proceeding within the meaning of
sections 193 and 228 of the Indian Penal Code (45 of 1860). (3) No party to a dispute shall be entitled to be
represented by a legal practitioner in any proceeding before the tribunal except with the consent of the other
party or parties to the proceeding and with the leave of the tribunal.
(4) The tribunal shall dispose of the reference expeditiously and shall, as soon as practicable on the conclusion
of the proceedings, submit its award to the Central Government.
(5) On receipt of the award the Central Government shall cause it to be published and the award shall become
enforceable on the expiry of thirty days from the date of such publication:

Provided that where the Central Government is of opinion that it will be inexpedient on public grounds to give
effect to the award or any part of it, it may before the expiry of the said period of thirty days by order in the
Official Gazette either reject the award or modify it, and where the Central Government does so, the award
shall not become enforceable or shall become enforceable subject to the modifications, as the case may be. (6)
An award which has become enforceable under this section shall be binding on—
(a) all parties to the dispute;
(b) where any party to the dispute is the owner of the ship, his heirs, successors, or assigns.
(7) Save as otherwise provided in the award, an award shall remain in operation for a period of one year from
the date on which it becomes enforceable and shall thereafter continue to remain in operation until a period of
two months has elapsed from the date on which notice is given by any party bound by the award to the other
party or parties intimating its intention to terminate the award.
(8) Any money due to a seaman from the owner of a ship under an award may be recovered as wages.
(9) Nothing contained in the Industrial Disputes Act, 1947 (14 of 1947), shall apply to any dispute between
seamen or any class of seamen or any union of seamen and the owners of ships in which such seamen are
employed or are likely to be employed.
151. Conditions of service, etc., to remain unchanged during pendency of proceedings before
tribunal.―During the pendency of proceedings under section 150—
(a) no seamen or class of seamen or union of seamen shall go or remain on strike or otherwise act in a manner
prejudicial to the normal operation of the ships in which the seamen are employed or are likely to be
employed; and
(b) no owner of a ship shall—
(i) alter to the prejudice of the seamen concerned in the dispute, the conditions of service applicable to them
immediately before the commencement of such proceedings; or
(ii) discharge or punish any seaman in respect of any matter connected with the dispute .

Property of deceased seamen and apprentices 152. Master to take charge of the effects of deceased
seamen.—(1) If any seaman or apprentice engaged on any ship, the voyage of which is to terminate in India,
dies during that voyage, the master of the ship shall report the death to the next-of-kin of the seaman or
apprentice and to the shipping master at his port of engagement and shall take charge of any money or effects
belonging to the seaman or apprentice which are on board the ship.

(2) The master shall thereupon enter in the official log book the following particulars, namely:—
(a) a statement of the amount of money and a detailed description of the other effects;
(b) a statement of the sum due to the deceased for wages and of the amount of deduction, if any, to be made
from the wages.
(3) The said money, balance of wages and other effects are in this Act referred to as the property of the seaman
or apprentice.
153. Dealing with and account of property of seamen who die during voyage.―(1) If any seaman or
apprentice engaged on any ship, the voyage of which is to terminate in India, dies during that voyage and the
ship before coming to a port in India touches and remains for forty-eight hours at some port elsewhere, the
master shall report the case to the Indian consular officer at such port and shall give to the officer any
information he requires as to the destination of the ship and probable length of the voyage.
(2) The Indian consular officer may, if he thinks it expedient, require the property of the seaman or apprentice
to be delivered and paid to him and shall thereupon give to the master a receipt therefor and endorse under his
hand upon the agreement with the crew such particulars with respect thereto as the Central Government may
require.
(3) The receipt shall be produced by the master to the shipping master within forty-eight hours after his arrival
at his port of destination in India.
(4) Where a seaman or apprentice dies as aforesaid and the ship proceeds at once to a port in India without
touching and remaining as aforesaid at a port elsewhere or the Indian consular officer does not require the
delivery and payment of the property as aforesaid, the master shall within forty-eight hours after his arrival at
his port of destination in India, pay and deliver the property to the shipping master at that port.
(5) A deduction claimed by the master in such account shall not be allowed unless vertified by an entry in the
Official log book, and also by such other vouchers, if any, as may be reasonably required by the shipping
master.
(6) A shipping master in India shall grant to a master upon due compliance with such provisions of this section
as relate to acts to be done at the port of destination a certificate to that effect.
154. Master to pay and deliver property of deceased seamen.―(1) If the master of a ship fails to comply
with the provisions of this Act with respect to taking charge of the property of the deceased seaman or
apprentice, or to making in the official log book the proper entries relating thereto, or to the payment or
delivery of such property, he shall be accountable for such property to the shipping master as aforesaid, and
shall pay and deliver the same accordingly.

(2) The property may be recovered in the same Court and manner in which the wages of seamen may be
recovered under this Act. 155. Property of deceased seaman left abroad but not on board ship.―If any
seaman or apprentice on an Indian ship, or engaged in India on any other ship, the voyage of which is to
terminate in India, dies at any place outside India leaving any money or effects not on board the ship, the
Indian consular officer at or near the place shall claim and take charge of such money and other effects
(hereinafter referred to as the property of a deceased seaman or apprentice).
156. Dealing with property of deceased seamen.―(1) An Indian consular officer or a shipping master to
whom the effects of a deceased seaman or apprentice are delivered or who takes charge of such effects under
this Act may, if he thinks fit, sell the effects, and the proceeds of any such sale shall be deemed to form part, of
the property of the deceased seaman or apprentice.
(2) Before selling any valuables comprised in the said effects, such officer of shipping master shall endeavour
to ascertain the wishes of the next-of-kin of the deceased seaman or apprentice as to the disposal of such
valuables and shall, if practicable and lawful, comply with such wishes.

(3) An Indian consular officer to whom any property of a deceased seaman or apprentice is delivered or who
takes charge of any such property under this Act shall remit the property to the shipping master at the port of
engagement of the deceased seaman or apprentice in such manner and shall render such accounts in respect
thereof as may be prescribed.
157. Recovery of wages, etc., of seamen lost with their ship .―(1) Where a seaman or apprentice is lost with
the ship to which he belongs, the Central Government or such officer as the Central Government may appoint
in this behalf may recover the wages and the compensation due to him from the owner, master or agent of the
ship in the same Court and in the same manner in which seamen's wages are recoverable, and shall deal with
those wages in the same manner as with the wages and compensation due to other deceased seamen or
apprentices under this Act.

(2) In any proceedings for the recovery of the wages and compensation, if it is shown by some official records
or by other evidence that the ship has, twelve months or upwards before the institution of the proceeding, left
any port, she shall, unless it is shown that she has been heard of within twelve months after the departure be
deemed to have been lost with all hands on board either immediately after the time she was last heard of or at
such later time as the Court hearing the case may think probable. 158. Property of seamen dying in
India.―If a seaman or apprentice dies in India and is at the time of his death entitled to claim from the master
or owner of the ship in which he has served any effects or unpaid wages, the master, owner or agent shall pay
and deliver or account for such property to the shipping master at the port where the seaman or apprentice was
discharged or was to have been discharged or to such other officer as the Central Government may direct.
159. Payment over of property of deceased seamen by shipping master.―Where any property of a
deceased seaman or apprentice is paid or delivered to a shipping master, the shipping master, after deducting
for expenses incurred in respect of that seaman or apprentice or of his property 1[such sums as he thinks proper
to allow, shall pay and deliver the residue to the person nominated by the seaman or apprentice in this behalf
under section 159A and if he has not made any such nomination or the nomination made by him is or has
become void, the shipping master may―]
(a) pay and deliver the residue to any claimants who can prove themselves to the satisfaction of the said
shipping master to be entitled thereto, and the said shipping master shall be thereby discharged from all further
liability in respect of the residue so paid or delivered; or
(b) if he thinks fit so to do, require probate or letters of administration or a certificate under the Indian
Succession Act, 1925 (39 of 1925) 2[or a certificate under section 29 of the Administrators-General Act, 1963
(45 of 1963)], to be taken out, and thereupon pay and deliver the residue to the legal representatives of the
deceased.

3[159A. Nomination.―(1) A seaman may, for the purposes of sub-section (3) of section 141 and clause (b) of
section 159 and an apprentice may, for the purposes of clause (b) of section 159, nominate any person or
persons: Provided that if the seaman or the apprentice has a family, he may nominate for the purposes aforesaid
any one or more members of his family only and if a seaman or an apprentice acquires a family after he has
made any such nomination, the nomination shall become void. (2) The form in which any nomination may be
made under sub-section (1), the cancellation or variation of any such nomination (including the making of a
fresh nomination) and all other matters connected with such nominations shall be such as may be prescribed.]
160. Disposal of unclaimed property of deceased seamen.―(1) Where no claim to the property of a
deceased seamen or apprentice received by a shipping master is substantiated within one year

1. Subs. by Act 41 of 1984, s.12, for “such sums as he thinks proper to allow, may―” (w.e.f.15-7-1985). 2. Ins. by s. 12, ibid. (w.e.f.
15-7-1985).
3. Ins. by s. 13, ibid. (w.e.f. 15-7-1985).

from the receipt thereof by such shipping master, the shipping master shall cause such property to be sold and
pay the proceeds of the sale into the public account of India. (2) If, after the proceeds of the sale having been
so paid, any claim is made thereto, then, if the claim is established to the satisfaction of the shipping master,
the amount or so much thereof as shall appear to him to be due to the claimant, shall be paid to him, and if the
claim is not so established, the claimant may apply by petition to the High Court, and such Court, after taking
evidence either orally or on affidavit, shall make such order on the petition as shall seem just: Provided that,
after the expiration of six years from the receipt of such property by the shipping master, no claim to such
property shall be entertained without the sanction of the Central Government. 1[Provided further that if, before
the expiration of six years after the proceeds of the sale have been so paid, no claim is made thereto the amount
or any part thereof may be utilised for the welfare of seamen in such manner as the Central Government may
direct.]

2B) Engagement of Indian Seaman in Foreign going Indian Ship

116. Engagement of seamen outside India for Indian ships.―With respect to the engagement of seamen
outside India, the following provisions shall have effect:—
When the master of an Indian ship engages a seaman at any port outside India, the provisions of this Act
respecting agreements with the crew made in India shall apply subject to the following modifications:— (a) at
any such port having an Indian consular officer, the master shall, before carrying the seaman to sea, procure the
sanction of the consular officer, and shall, if not contrary to any law in force in that port, engage the seaman
before that officer;
(b) the master shall request the Indian consular officer to endorse upon the agreement an attestation to the
effect that it has been signed in his presence and otherwise, made as required by this Act, and that it has his
sanction, and if the attestation is not made, the burden of proving that the engagement was made as required by
this Act shall lie up on the master.

HSSC
A harmonized system of survey and certification covering international shipping regulations
adopted by the International Maritime Organization enters into force on 3 February 2000. It
harmonizes survey procedures and survey dates for all major ship certificates, instead of
having different survey procedures and dates for certificates under different conventions.

Harmonized System of Survey and Certification (HSSC) was brought about with the sole
objective of simplifying and systemizing the survey and certification of ships. This will ensure
that survey works will not be duplicated e.g. survey for load line or cargo ship safety
construction is more or less same with logical changes. If a ship undergoes survey of one,
the survey of other will only overlap and once conducted can be valid for both. Needless to
say, a single survey covering both certifications will save a lot of time and money. This will
also allow the ship to plan the survey in a more relaxed and professional manner. The total
number of surveys will be reduced and maintenance and work on board will be more
systematic and ships will not be out of service at different times for different
surveys. Though it is a mandatory system it is implemented on individual ships on different
dates. It may be implemented by the FSA ( Formal Safety Assessment ) on or after 3rd
February 2000.

IMO Resolution A.1104 (29) gives the Survey Guidelines under the HSSC system adopted
on 2 December 2015.
Harmonized System of Survey and
Certification (HSSC) covers the following
certification under the modified or
amended instruments:
1. SOLAS 1974 as modified by its 1988 protocol
2. LLC 1966 as modified by its 1988 protocol

3. MARPOL 1973 and 1978 as amended by 1990 resolution (MARPOL 73/78/90)

4. IBC Code

5. IGC Code

6. BCH Code

It covers the following certificates:

1. Cargo Ship Safety Equipment Certificate
2. Cargo Ship Safety Construction Certificate

3. Cargo Ship Safety Radio Certificate

4. International Load Line Certificate

5. International Oil Pollution Prevention Certificate

6. International Pollution Prevention Certificate for Carriage of Noxious Liquid Substances in

Bulk

7. International Sewage Pollution Prevention Certificate

8. International Air Pollution Prevention Certificate

9. International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk or the
Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk

10. International Certificate of Fitness for the Carriage of Liquefied Gases in Bulk

11. Passenger Ship Safety Certificate

Surveys for the issuance of these certificates, under the SOLAS, MARPOL, the Load Line
Convention and the Gas and Chemical Tanker Codes are as follows:
Types of Ship Survey
Initial survey
The initial survey should include a complete inspection, with tests when necessary, of the
structure, machinery, and equipment to ensure that the requirements relevant to the
particular certificate are complied with and that the structure, machinery, and equipment are
fit for the service for which the ship is intended.

The initial survey should consist of:

1. an examination of the plans, diagrams, specifications, calculations and other technical

documentation to verify that the structure, machinery, and equipment comply with the
requirements relevant to the particular certificate.
2. an inspection of the structure, machinery and equipment to ensure that the materials,
scantlings, construction and arrangements, as appropriate, are in accordance with the
approved plans, diagrams, specifications, calculations and other technical documentation and
that the workmanship and installation are in all respects satisfactory; and

3. a check that all the certificates, record books, operating manuals and other instructions and
documentation specified in the requirements relevant to the particular certificate have been
placed on board the ship.

Annual survey
General inspection of the items relating to the particular certificate to ensure that they have
been maintained and remain satisfactory for the service for which the ship is intended in
accordance with the relevant requirements. The annual survey, as required by the relevant
regulations should be held within three months before or after each anniversary date of the
certificate.

The scope of the annual survey should be as follows:

1. it should consist of a certificate examination, a visual examination of a sufficient extent of the

ship and its equipment, and certain tests to confirm that their condition is being properly
maintained;
2. it should also include a visual examination to confirm that no unapproved modifications have
been made to the ship and its equipment;

3. the content of each annual survey is given in the respective guidelines. The thoroughness
and stringency of the survey should depend upon the condition of the ship and its equipment;
and

4. should any doubt arise as to the maintenance of the condition of the ship or its equipment,
further examination and testing should be conducted as considered necessary.
Intermediate survey
The intermediate survey should be an inspection of items relevant to the particular certificate
to ensure that they are in a satisfactory condition and are fit for the service for which the ship
is intended.

The intermediate survey, as required by the relevant regulations should be held within three
months before or after the second anniversary date or within three months before or after
the third anniversary date of the appropriate certificate and should take the place of one of
the annual surveys.

Periodical survey
Inspection of the items relating to the particular certificate to ensure that they are in a
satisfactory condition and fit for the service for which the ship is intended. The periodical
survey should also consist of a check that all the certificates, record books, operating
manuals and other instructions and documentation specified in the requirements relevant to
the particular certificate are on board the ship.

The periodical survey, as required by the relevant regulations should be held within three
months before or after the second anniversary date or within three months before or after
the third anniversary date in the case of the cargo ship safety equipment certificate and
should take the place of one of the annual surveys and within three months before or after
each anniversary date in the case of the cargo ship safety radio certificate.

Renewal survey
As per periodical survey but leads to the issue of a new certificate and to be held before the
appropriate certificate is renewed.The cargo ship safety construction renewal survey may be
commenced at the fourth annual survey and may be progressed during the succeeding year
with a view to completion by the fifth anniversary date. The survey items of the fourth annual
survey should not be credited to the completion of the renewal survey.

The renewal survey should consist of:

1. an inspection, with tests when necessary, of the structure, machinery, and equipment to
ensure that the requirements relevant to the particular certificate are complied with and that
they are in a satisfactory condition and are fit for the service for which the ship is intended.
2. also consist of a check that all the certificates, record books, operating manuals and other
instructions and documentation specified in the requirements relevant to the particular
certificate are on board the ship.
 3. Concurrent crediting to both intermediate and renewal safety construction survey for surveys
of spaces should not be acceptable.

Inspection of the outside of the ship’s bottom

There should be a minimum of two inspections of the outside of the ship’s bottom during any
five-year period. One such inspection should be carried out on or after the fourth annual
survey in conjunction with the renewal of the Cargo Ship Safety Construction Certificate or
the Cargo Ship Safety Certificate. Where the Cargo Ship Safety Construction Certificate or
the Cargo Ship Safety Certificate has been extended, this five-year period may be extended
to coincide with the validity of the certificate. In all cases, the interval between any two such
inspections should not exceed 36 months.The inspection of the outside of the ship’s bottom
and the survey of related items should include an inspection to ensure that they are in a
satisfactory condition and fit for the service for which the ship is intended. Inspections of the
outside of the ship’s bottom should normally be carried out with the ship in a dry dock.
However, consideration may be given to alternate inspections being carried out with the ship
afloat.

Additional survey
Inspection, either general or partial according to the circumstances, to be made after a
repair resulting from casualty investigations or whenever any important repairs or renewals
are made.

The harmonized system provides for:

One year standard interval between surveys, based on initial, annual,
intermediate, periodical and renewal surveys as appropriate. A scheme for providing the
necessary flexibility for the execution of each survey with the provision that:

1. the renewal survey may be completed within 3 months before the expiry date of the existing
certificate with no loss of the period of validity.
2. there is a “window period” of 6 months, from 3 months before to 3 months after
the anniversary date of the certificate for annual, intermediate and periodical surveys.

 A maximum period of validity of 5 years for all certificates for cargo ships

 A maximum period of validity of 12 months for the Passenger Ship Safety Certificate

 A system for the extension of certificates limited to 3 months to enable a ship to complete its
voyage or one month for ships engaged on short voyages

 The period of validity of the new certificate starts from the expiry of the existing certificate
before its extension if the extension was granted
  A flexible system for the inspection of the outside of the ship’s bottom on the following
conditions:

1. a minimum of two inspections during any 5 year period

2. the interval between any two such inspections may not exceed 36 months

 A provision for a Cargo Ship Safety Certificate, as an alternative to separate Cargo Ship
Safety Construction, Cargo Ship Safety Equipment and Cargo Ship Radio Certificates.
 A flexible system concerning the frequency and the period of validity of certificates provided
that the minimum pattern of the survey is maintained.
IOPC FUND:

International Convention on the Establishment of an

International Fund for Compensation for Oil Pollution
Damage (FUND)
Adoption: 18 December 1971; Entry into force: 16 October
1978; superseded by 1992 Protocol: Adoption: 27
November 1992; Entry into force: 30 May 1996

Although the 1969 Civil Liability Convention provided a useful mechanism for ensuring the payment of
compensation for oil pollution damage, it did not deal satisfactorily with all the legal, financial and other
questions raised during the Conference adopting the CLC Convention. The 1969 Brussels Conference
considered a compromise proposal to establish an international fund, to be subscribed to by the cargo
interests, which would be available for the dual purpose of, on the one hand, relieving the shipowner of the
burden by the requirements of the new convention and, on the other hand, providing additional
compensation to the victims of pollution damage in cases where compensation under the 1969 Civil Liability
Convention was either inadequate or unobtainable.

The Conference recommended that IMO should prepare such a scheme and the International Convention on
the Establishment of an International Fund for Compensation for Oil Pollution Damage was adopted at a
Conference held in Brussels in 1971. It is supplementary to the Civil Liability Convention.

The purposes of the Fund Convention are:

To provide compensation for pollution damage to the extent that the protection afforded by the 1969 Civil
Liability Convention is inadequate.
To give relief to shipowners in respect of the additional financial burden imposed on them by the 1969 Civil
Liability Convention, such relief being subject to conditions designed to ensure compliance with safety at sea
and other conventions.
To give effect to the related purposes set out in the Convention.

Under the first of its purposes, the Fund is under an obligation to pay compensation to States and persons
who suffer pollution damage, if such persons are unable to obtain compensation from the owner of the ship
from which the oil escaped or if the compensation due from such owner is not sufficient to cover the damage
suffered.

Under the Fund Convention, victims of oil pollution damage may be compensated beyond the level of the
shipowner's liability. However, the Fund's obligations are limited. Where, however, there is no shipowner
liable or the shipowner liable is unable to meet their liability, the Fund will be required to pay the whole
amount of compensation due. Under certain circumstances, the Fund's maximum liability may increase.

With the exception of a few cases, the Fund is obliged to pay compensation to the victims of oil pollution
damage who are unable to obtain adequate or any compensation from the shipowner or his guarantor under
the CLC Convention.
The Fund's obligation to pay compensation is confined to pollution damage suffered in the territories
including the territorial sea of Contracting States. The Fund is also obliged to pay compensation in respect of
measures taken by a Contracting State outside its territory.

The Fund can also provide assistance to Contracting States which are threatened or affected by pollution and
wish to take measures against it. This may take the form of personnel, material, credit facilities or other aid.
In connection with its second main function, the Fund is obliged to indemnify the shipowner or his insurer for
a portion of the shipowner's liability under the Liability Convention.

The Fund is not obliged to indemnify the owner if damage is caused by his wilful misconduct or if the accident
was caused, even partially, because the ship did not comply with certain international conventions.

The Convention contains provisions on the procedure for claims, rights and obligations, and jurisdiction.

Contributions to the Fund should be made by all persons who receive oil by sea in Contracting States.

Protocols to the 1971 convention were adopted in 1976 and 1984, but were superseded by the 1992 Protocol.
The 1971 convention ceased to be in force from 24 May 2002.
The Protocol of 1992
Adoption: 27 November 1992
Entry into force: 30 May 1996

As was the case with the 1992 Protocol to the CLC Convention, the main purpose of the Protocol was to
modify the entry into force requirements and increase compensation amounts. The scope of coverage was
extended in line with the 1992 CLC Protocol.

The 1992 Protocol established a separate, 1992 International Oil Pollution Compensation (IOPC) Fund, known
as the 1992 Fund, which is managed in London by a Secretariat.

Under the 1992 Protocol, the maximum amount of compensation payable from the Fund for a single incident,
including the limit established under the 1992 CLC Protocol, is 135 million SDR.

However, if three States contributing to the Fund receive more than 600 million tonnes of oil per annum, the
maximum amount is raised to 200 million SDR.

Protocol of 2000
Adoption: 27 September 2000
Entry into force: 27 June 2001

The purpose of the 2000 Protocol has been to terminate the 1971 Fund Convention.

According to the Protocol, the 1971 Fund Convention ceases to be in force on the date when the number of
Contracting States falls below twenty-five.
This happened on 24 May 2002, because of the denunciations by States Parties to Fund 1971 in favour of
their membership of Fund 1992.
The 2003 Protocol (supplementary fund)
Adoption: 16 May 2003
Entry into force: 3 March 2005

The 2003 Protocol establishing an International Oil Pollution Compensation Supplementary Fund was adopted
by a diplomatic conference held at IMO Headquarters in London.

The aim of the established Fund is to supplement the compensation available under the 1992 Civil Liability
and Fund Conventions with an additional, third tier of compensation. The Protocol is optional and
participation is open to all States Parties to the 1992 Fund Convention.

The total amount of compensation payable for any one incident will be limited to a combined total of 750
million Special Drawing Rights (SDR) including the amount of compensation paid under the existing CLC/Fund
Convention.

The supplementary fund will apply to damage in the territory, including the territorial sea, of a Contracting
State and in the exclusive economic zone of a Contracting State.

Annual contributions to the Fund will be made in respect of each Contracting State by any person who, in any
calendar year, has received total quantities of oil exceeding 150,000 tons. However, for the purposes of the
Protocol, there is a minimum aggregate receipt of 1,000,000 tons of contributing oil in each Contracting State.

The Assembly of the Supplementary Fund will assess the level of contributions based on estimates of
expenditure (including administrative costs and payments to be made under the Fund as a result of claims)
and income (including surplus funds from previous years, annual contributions and any other income).

Amendments to the compensation limits established under the Protocol can be adopted by a tacit acceptance
procedure, so that an amendment adopted in the Legal Committee of IMO by a two-thirds majority of
Contracting States present and voting, can enter into force 24 months after its adoption.

The IOPC Funds and IMO

Although the Funds were established under Conventions adopted under the auspices of IMO, they are
completely independent legal entities.

Unlike IMO, the IOPC Funds are not United Nations (UN) agencies and are not part of the UN system. They are
intergovernmental organisations outside the UN, but follow procedures which are similar to those of the UN.
Only States can become Members of the IOPC Funds.

To become a member of the Fund, a State must accede to the 1992 Civil Liability Convention and to the 1992
Fund Convention by depositing a formal instrument of accession with the Secretary-General of IMO. These
Conventions should be incorporated into the national law of the State concerned.

See the IOPC Funds website at http://www.iopcfund.org/

c)P& I club
The thirteen P&I Clubs which comprise the
International Group (the “Group”) between
them provide marine liability cover (protection
and indemnity) for approximately 90% of the
world's ocean-going tonnage.
Through the unique Group structure, the member Clubs,
whilst individually competitive, share between them their
large loss exposures, and also share their respective
knowledge and expertise on matters relating to shipowners
liabilities and the insurance and reinsurance of such
liabilities.

Each Group Club is an independent, not-for-profit mutual

insurance association, providing cover for its shipowner and
charterer members against third party liabilities arising out of the
use and operation of ships. Each Club is owned by its shipowner
and charterer members, and its operations and activities are
overseen by a board of directors, or committee, elected from the
membership. The day-to-day operations of the Clubs are handled
by professional managers, either "in-house" or external, who are
appointed by and report to their Club board/committee.

The Clubs cover a wide range of liabilities, including loss of life

and personal injury to crew, passengers and others on board,
cargo loss and damage, pollution by oil and other hazardous
substances, wreck removal, collision and damage to property. The
Clubs also provide a wide range of services to their members
including claims handling, advice on legal issues and loss
prevention, and they regularly play a leading role in coordinating
the response to, and management of, maritime casualties.
Group organisation
The Group is organised as an unincorporated association of the
13 member Clubs, and is chaired by a senior Club manager
representative, elected on a three year rotation, from one of the
Group Club managers. The current Group Chairman, Paul
Jennings, Chief Executive Officer of the North of England, was
elected in November 2018.

The internal administration and the external engagement and

representation of the Group is co-ordinated by the Group
secretariat, based in the City of London and headed by the Group
Chief Executive Officer.

The day-to-day work of the Group is carried out through a large

number of subcommittees and working groups which address a
broad range of legal, regulatory, technical and insurance issues
impacting on shipowners, operators and charterers.

Group functions
The Group has three "core" functions, firstly the operation of the
claims sharing ("pooling") arrangements and the collective
reinsurance of these arrangements, secondly it operates as a
forum for collecting and exchanging views between the Clubs and
their shipowner members on matters relating to shipowners’
liabilities, and insurance of such liabilities, and thirdly it provides
a collective industry voice for the purposes of engaging with
external stakeholders including intergovernmental maritime
organisations, national governments, marine authorities around
the world and the shipping and marine insurance/reinsurance
industries.
CLAIMS POOLING AND REINSURANCE
The primary function of the Group is the co-ordination and
operation of the Clubs’ claims pooling arrangements. Liabilities
which exceed the individual Club retention which is currently set
at US$10 million are shared between all 13 Clubs in accordance
with the terms of the Pooling Agreement. Much of the Group's day
to day work involves defining and refining the scope of cover for
pool claims, and the rules and guidelines under which claims are
shared between the Clubs.

This claim-sharing agreement is underpinned by a very extensive,

annually renewed, commercial market and captive reinsurance
programme which is visualised in the Reinsurance section of this
website.

FORUM FOR SHARING INFORMATION

By bringing together the knowledge and expertise of the 13
member Clubs, the Group provides a unique and invaluable forum
for sharing information on a very broad range of matters of
concern to Clubs and their members. The extensive experience
which resides within the individual Club managements in the
underwriting, legal, claims management and loss prevention
fields, brought together within the numerous Group
subcommittees and working groups, provides an unparalleled
source of knowledge and expertise which can be brought to bear
in exploring and developing practical solutions for shipowners’
insurance needs and requirements, and this resource will become
increasingly important in the challenging and evolving times
ahead for the shipping industry.
REPRESENTATION
With the Group Clubs representing around 90% of the world's
oceangoing tonnage, and covering virtually every type of vessel,
the Group provides a very effective single voice for the Clubs and
their members to engage with governments, legislators and
maritime regulators on matters relating to shipowners’ liabilities
to ensure the availability of adequate and sustainable insurance
for such liabilities, and to help to drive and shape effective and
balanced policies and regulations governing such liabilities.

d)Marine Losses with Examples

.
Marine losses can be divided into two main parts containing several subparts;
A. Total loss;
1. Actual total loss
2. Contractive total loss

B. Partial loss;
1. Particular average losses
2. General average losses

3. Particular charges

4. Salvage charges

These classifications are described in details below;

Total loss
There is an actual total loss where the subject matter insured is destroyed or so
damaged as to cease to be a thing of the kind insured or where the assured is
irretrievably deprived thereof.
Losses are deemed to be total or complete when the subject- matter is fully
destroyed or lost or ceases to be a thing of its kind.
It should be distinguished from a partial loss where only part of the property
insured is lost or destroyed.
In case of total loss, the insured stands to lose to the extent of the value of the
property provided the policy amount was to that limit.
Actual total loss
The actual total loss is a material and physical loss of the subject-matter insured.
Where the subject- matter insured is destroyed or so damaged as to cease to be
a thing of the kind insured, or where the insured is irretrievably deprived thereof,
there is an actual total loss.
When a vessel is foundered or when merchandise is so damaged as to be
valueless or when the ship is missing it will be an actual total loss.
The actual total loss occurs in the following cases:
1. The subject-matter is destroyed, e.g., a ship is entirely destroyed by fire.
2. The subject-matter is so damaged as to cease to be a thing of the kind insured.
Here, the subject- matter is not totally destroyed but damaged to such an extent as the
result of the mishap; it is no longer of the same species as originally insured. The
examples of such losses are—foodstuff badly damaged by sea water became unfit for
human consumption, hides became valueless as hides due to the admission of water.
These damaged foodstuffs or hides may be used as manure. Since the characters of
the subject-matters are changed and have lost their shapes, they are all actual total
loss.

3. The insured is irretrievably deprived of the ownership of goods even they are in
physical existence as in the case of capture by the enemy, stealth by a thief or
fraudulent disposal by the captain or crew.

4. The subject-matter is lost. For example, where a ship is missing for a very long time
and no news of her is received after the lapse of a reasonable time. An actual total loss
is presumed unless there is some other proof to show against it.

In case of actual total loss, notice of abandonment of property need not be given.
In such total losses, the insurer is entitled to all rights and remedies in respect of
damaged properties. In no case, amount over the insured value or insurable value
is recoverable in a total loss form the insurers.
If the property is under-insured, the insured can recover only up to the amount of
insurance. If it is over insured he is not over-benefited but only the actual loss will
be indemnified.
Where the subject-matter had ceased to be of the kind insured, the assured will
be given the full amount of total loss provided there was insurance up to that
amount, and the insurer will subrogate all rights and remedies in respect of the
property.
Any amount realized by the sale of the material will go to the insurer.
Constructive total loss
Where the subject-matter is not actually lost in the above manner but is
reasonably abandoned when its actual total joss is unavoidable or when it cannot
be preserved from total loss without involving expenditure which would exceed
the value of the subject-matter.
For example,
The cost of repair and replacement was estimated to be $50,000, whereas the
ship was estimated to be $40,000, the ship may be abandoned and will be taken
as a constructive total loss.
But if the value of the ship was more than $50,000 it would not be a constructive
total loss. Here it is assumed that retention of the subject-matter would involve
financial loss to the insured.
The constructive total loss will be where;
1. The subject-matter insured is reasonably abandoned on account of its actual total
loss appearing to be unavoidable;
2. The subject-matter could not be preserved from actual total loss without an
expenditure which would exceed its repaired and recovered value.

The insured is not compelled to abandon his interest, where the goods are
abandoned, the insurer will have to pay the full insured value.
Where awe is a constructive total loss, the assured may either treat the loss as a
partial loss or abandon the subject-matter insured to the insurer and treat the loss
as if it was an actual total loss.
Difference between actual and constructive total loss
The actual total loss is related with the physical impossibility and the constructive
total loss is related with the commercial impossibility.
For example,
If the hides are so damaged that it is impossible to prevent the hides from the
destruction and it may become a mass of putrefied matter, die case is of an actual
total loss.
But if it was possible to restore the hides to their original condition, though die
cost of so doing would exceed their value at the destination, the damaged hides
can be claimed as constructive total loss because the completion of the adventure
has become commercially impossible.
Salvage loss
Where actual total loss occurred, and die subject-matter is so damaged as to
cease to be a thing of the kind insured or when they have been sold before
reaching the destination, there is a constructive total loss. The usual form of
settlement is that the net sale proceeds will be paid to the assured.
The net sale proceeds are calculated by deducting expenses of the sale from the
amount realized by die sale.
The insured will recover from the insurer the total loss less the net amount of sale.
This amount received from the insurer is called a ‘salvage loss’.
Partial loss
Any loss other than a total loss is a partial loss. The partial loss is there where
only part of the property insured is lost or destroyed or damaged partial losses, in
contradiction from total losses, include;
1. Particular average losses, i.e., damage, or total loss of a part,
2. General average losses (general average) le., the sacrifice expenditure, etc., done
for the common safety of subject-matter insured,

3. Particular or special charges, i.e., expenses incurred in special circumstances, and

4. Salvage charges.

Particular average loss

The particular average loss is ‘a partial loss’ of the subject-matter insured caused
by a peril insured and is not a general average loss.
The general average loss or expense is voluntarily done for the common safety of
all the parties insured.
But, the particular average loss is fortuitous or accidental. It cannot be partially
shifted to others but will be borne by die persons directly affected. The particular
average loss must fulfill the following conditions:
1. The particular average loss is a partial loss or damage to any particular interest
caused to (hat interest only by a peril insured against.
2. The loss should be accidental and not intentional.

3. The loss should be of the particular subject-matter only.

4. It should be the loss of a part of die subject-matter or damage thereto or both. The
distinguishing feature in this matter is that where the properties insured are all of the
same description, kind and quality and they are valued as a whole in the policy, the
total loss of a part of this whole is a particular loss, but where the properties insured
are not all of the same description, kind and quality and they are separately valued in
the policy, the loss of an apportionable part of the interest is a total loss.

In case of total loss of a part of recoverable either as a total loss or as a particular

average loss, the basis of the settlement will be on the total loss of the whole lot
or the insurer will be liable to pay in proportion according to the insured or
insurable value of the whole interest.
The particular average on cargo
The particular average loss may be either the damage or depreciation of a
particular interest or a total loss of its part.
If the property is insured under one value for the whole and is all the same kind,
quality or description, a total loss of part will be recovered as a particular average
loss.
In the case where goods are delivered in a damaged condition or where the value
is depreciated, the resulting particular average loss will be adjusted upon the
basis of comparison between the gross sound value and damaged value.
The process of valuation is as follows:
1. The gross sound value of the goods damaged is found out. This is the value for
which the goods would have been sold if the goods had reached the port of
destination in sound condition.
2. After calculating the above value, the gross damaged value of the goods damaged
or depreciated is found out on the basis of market price at that time.

3. Deduct the gross damaged value from the gross sound value. The difference is the
measure of the actual damage or depreciation.

4. The ratio of the damage or depreciation is calculated by dividing the amount of

damage or depreciation by the gross sound value.

5. Apply the above ratio to the value (insured or insurable value as the case may be)
of the damaged or depreciated goods which will give the amount of particular average
loss.

6. Of the amount thus arrived at, the insurer is liable for that proportion which his
sum insured bears to the value (insured or insurable).

General average Loss

General average is a loss caused by or directly consequential on a general
average act which includes a general average expenditure as well as general
average sacrifices.
The general average loss will be there where the loss is caused by an
extraordinary sacrifice or expenditure voluntarily and reasonably made or incurred
in time of peril for the purpose of preserving the property imperiled in common
adventure.
The following elements are involved in general average.
The loss must be extraordinary in nature. The sacrifice or expenditure must not be
related to the performance of routine work.
A state of affairs may compel the master to do something beyond his ordinary
duty for the preservation of the subject-matter.
1. The whole adventure must be imperiled. The peril should be something more than
the ordinary perils of the sea. It should be imminent and real.
2. The general; average act must be voluntary and intentional accidental loss or
damage is excluded.

3. The toss, expenses or sacrifice must be incurred or made reasonably and

prudently. The master of the ship is the proper person to decide the reasonableness of
a particular circumstance.

4. The sacrifice, loss or expenditure should be made for the preservation of the
whole adventure. It should be made for the common safety.

5. If the sacrifice proved abortive, it will be allowed as the total loss. Therefore, to call
it the general average, it must be successful at least in part.

6. In absence of contrary provision, the insurer is not liable for any general average
loss or contribution where the loss was not incurred for the purpose of avoiding, or in
connection with the avoidance of a peril insured against.

7. The loss must be a direct result of a general average act. Indirect losses such as
demurrage and market losses are not allowed as general average.

8. The general average must not be due to some default on the part of the person
whose interest has been sacrificed.

The adjustment of general average losses is entrusted to an average adjuster.

Particular charges
Where the policy contains a “sue and labor” clause, the engagement thereby
entered into is deemed to be supplementary to the contract of insurance and the
assured may recover from the insurer any expenses properly incurred pursuant to
the clause.
The clause requires the insurers to pay any expenses properly incurred by the
assured or his agents in preventing or minimizing loss or damage to the subject-
matter by an insured peril. The essential features of the clause are as below:
The expenses must be incurred for the benefit of the subject matter insured. The
expenses incurred for the common benefit will be a part of the general average.
The expenses must be reasonable and be incurred by “the assured, his factors,
his servants or assigns” and this provision effectively excludes salvage charges.
They are recoverable only when incurred to avert or minimize a loss from a peril
covered by the policy.

4a)- Not done

4B)
The study of damaged stability of a surface ship comes of use when the ship’s watertight
hull is affected in a way that allows water to flood any compartment within the ship’s hull.
Since this changes the stability parameters of the ship, the extent of which depends on the
extent of damage and flooding, it is studied separately from intact stability.
the effects of flooding on a ship:

 Change of Draft: Flooding results in entry of water into the ship’s damaged
compartment. This will cause a change in draft to the point where the displacement of
the undamaged (intact) part of the ship will be equal to the displacement before
damage less the weight of the water that entered the ship after flooding. To express it:

 Change of Trim: Ingress of water in a compartment can be considered as an

addition of weight to any point along the length of the ship. This causes a change in
the trim of the ship.

 Heeling: The ship will heel if the damaged compartment is unsymmetrically

positioned about the centreline of the ship. If the metacentric height of the ship in the
flooded condition is negative, the damaged ship is rendered unstable. In such a case,
the ship would capsize if the flooded compartment is unsymmetrical about the
 centreline, and is prone to capsize by action of any external heeling moment if the
compartment is symmetrical about the centreline.

 Change in Stability: The metacentric height of the ship changes due to flooding.
This can be explained by the general expression of metacentric height:

The explanation of reduction in stability can be done in two ways, which is exactly what we
will study in this article, but at a later stage. For now, it should suffice to understand that
when a ship is flooded, it results in a change of KB and BM values. The KB rises due to
flooding, and it may rise further due to change in the ship’s trim. However, there is a
significant reduction in BM, which is a function of the area moment of the ship’s water plane.
Why? We will look into that when we study the Lost Buoyancy Analysis.

 Change in Freeboard: The increase in draft of the flooded ship results in reduction
of freeboard, which poses a great threat to the residual buoyancy of the ship. Even
though the metacentric height may be positive after flooding, reduction in freeboard to
a point where the deck is immersed, decreases the ship’s range of stability. This
means that the ship could now capsize due to external forces of wind or waves.

 Loss of the ship: One of the most common terms that is used in damaged condition
of a ship, is Margin Line. The Margin Line of a ship is an imaginary waterline
considered 75 mm below the uppermost continuous watertight deck. If a ship is
damaged, it is considered to be safe only if the margin line is not immersed. Once the
waterline reaches the margin line at any point along the length of the ship, the ship is
considered to be unsafe, and evacuation becomes mandatory.
 Figure 1: Reduced GM due to damage to a ship.

The reduction in metacentric height due to damage can be extrapolated to the stability curve
as a reduction in height of the GZ curve and range of stability, as shown in the figure above.
So if the loss in metacentric height is such that the remaining maximum righting lever (GZ) is
less than the heeling moment, the ship will capsize. It is therefore, the designers work to:

1. Design the subdivision in such a way that the remaining righting arm is sufficient upto
a certain level of damage.
2. To identify the extent of damage that can be considered safe for the ship.

Concept of Subdivision of a Ship:

Traditionally, a ship is divided longitudinally into a number of watertight compartments to

restrict the flooding to one or more compartments in case of damage. This prevents
progressive flooding (i.e. flooding across the entire ship’s length in case of a damage at any
location). The compartmentalization is done by means of transverse watertight bulkheads.
But the interesting question that arises here is, how many watertight bulkheads would a
particular ship require? How many compartments do we divide a ship into? These are
answers that need to be answered at a very initial phase of the design, most usually, in the
concept design phase.

To understand the ‘how’s of this concept, we first need to understand the concept of
“floodable” length. Refer to the figure underneath to follow the concept further.
 Figure 2: Floodable Length Curve.

For any point ‘P’ along the length of the ship, the floodable length (l) is the maximum portion
of the ship’s length with the point ‘P’ at the center that can be completely flooded
symmetrically without immersing the margin line. For our convenience, we represent the
floodable length of every point on the vertical axis. So, for the point ‘P’ we can plot the
floodable length at point ‘F’ on the vertical axis. Similarly, when the floodable lengths of all
the points on the ship are plotted, we obtain the Floodable Length Curve.

So, what is the use of Floodable Length Curves? The advantage that these curves come
with is that they can be plotted very inexpensively, and at a very initial stage of the design.
This makes it possible for the designers to decide on the number of watertight
compartments, marginal compartments, and transverse bulkheads required by the ship.

We will first see, how the position of bulkheads are fixed, based on the floodable length
curves. Follow the above figure again. Suppose we place two watertight bulkheads at a
distance of ‘l’ and as ‘P’ as their midpoint. We know, that since the floodable length at ‘P’ is
‘l’, by the definition of floodable length, if the compartment of length ‘l’ and with ‘P’ as its mid-
point is flooded, the margin line will remain above the waterline. Hence, the compartment
between the bulkheads shown in the above figure is a safe design.

Note that in the above figure, the height of the triangle drawn from the two bulkhead is equal
to the floodable length of the point ‘P’. In other words, to ensure if a compartment is safe or
not, we simply need to draw a triangle from the two bulkheads. The height of the triangle
should be equal to the length of the compartment. If the vertex of the triangle meets the
floodable length curve, or is below the curve, the compartment is safe (as shown for
compartment AA’ in the figure below). However, if we now increase the length of the
compartment from AA’ to BB’ (as shown in blue), the vertex of the triangle exceeds the
floodable length curve. In other words, the bulkheads, if placed at BB’, would result in
submergence of the margin line if the compartment between the bulkheads was to be
completely flooded.

Figure 3: Effect of change in compartment length.

So, to check whether a particular compartment plan (a longitudinal distribution of watertight

bulkheads along the ship’s length) is safe, designers follow the steps as explained below:

Step 1: The floodable length curve is plotted.

Step 2: Watertight bulkheads are placed at random, but known positions along the length of
the ship, thus dividing it into a number of watertight compartments.

Figure 4: Step 2- Compartment Layout.

Step 3: Triangles are drawn for each compartment such that the height of each triangle is
equal to the length of the compartment.

Figure 5: Step 3 – Triangles for each compartment.

Step 4: At this stage, it is important for the designer to know what compartment standard
the ship has to be designed to. So what is a Compartment Standard? A ship is said to
have a Single Compartment Standard if it is designed to be sea-worthy (should be able to
remain afloat, and margin line should not be immersed) even after any one of its watertight
compartments have been damaged completely. Similarly, a ship with Two Compartment
Standard can remain afloat even after complete damage to any of its two adjacent watertight
compartments.

So, once the compartment standard is fixed, the designer must now check the same using
the obtained floodable length curve. For the compartment layout set in the above example,
we have all the triangles with vertices below the floodable length curve (refer to the figure
below). This means that the chosen compartment plan can be used to certify the ship with
Single Compartment Standard.
 Figure 6: One Compartment Standard.

But if the design of the ship demands a two compartment standard, the above check is not
sufficient. In order to perform a two compartment standard check, the triangles need to be
drawn in a way considering that two adjacent watertight compartments are damaged. For
example, in the diagram below, the triangle AKC has been drawn for the case when
compartments AB and BC are completely flooded. In simpler terms, we will now consider
two adjacent compartments as one. The results obtained for the above case, is as shown
below.

Figure 7: Two Compartment Standard.

The results clearly tell us that the margin line would submerge if the following compartments
were flooded together:

 Both AB and BC.

 Both BC and CD.
 Both EF and FG.
 Both FG and GH.

But the margin line would remain above the waterline for simultaneous flooding of either of
the two cases:

 Both CD and DE.

 Both DE and EF.

In such a case, the ship is given a two compartment standard, but only for simultaneous
flooding of compartments CD and EF or DE and EF. Hence, if in case of a damage to the
engine room (which would usually be located in compartment BC), progressive flooding to
the steering gear compartment (AB) or the compartment just forward of the engine room
(CD) cannot be afforded to keep the margin line from submerging.

Concept of Permeability:

Practically, all the compartments in ships would contain items within them that would reduce
the total volume that can be occupied by the flooded water. The items include stiffeners,
web frames, longitudinals, brackets, beam knees, equipment, piping, and outfits. Hence, the
ratio of the floodable volume to the total volume of the compartment gives the permeability
of the compartment. It is denoted by µ, and is usually expressed in percentage.

The general values of permeability used for different types of compartments are listed
below, followed by a logical understanding of the variation in the values:

Watertight Compartment – 95 to 97%

Accommodation spaces – 95%

Machinery compartments – 85%

Cargo holds – 60%

Stores – 60 %
What is to be observed here is that the permeability of machinery spaces (engine room,
auxiliary machinery room, pump room, etc.) is lower than watertight compartments (like
tanks, cofferdams, etc.) and accommodation spaces. The least permeability is obtained in
cargo holds and stores which are usually stacked full or partially full, leaving lesser volume
for flooded water.

The floodable length of each point along the ship’s length is multiplied by the permeability to
obtain the Permissible Length. It is based on this permissible length curve, and not on the
floodable length that we judge the final compartment standards of the ship. This is exactly
what has been illustrated below, where the permissible length curves are first plotted for
each permeability value.

Figure 8: One compartment standard with permeability factors considered.

The permissible length curves for 85 percent and 60 percent permeability are now
incorporated into the floodable subdivision diagram. Here, for machinery compartments (e.g.
engine room compartment BC) the vertices for the triangle needs to be checked against the
85% curve, instead of the floodable length (100%) curve, which we did when permeability
was not introduced. In this case, all compartments satisfy for single compartment standard.

The application of permeability would come to be noticed in a case illustrated below:

 Figure 9: Evaluation of compartment standard and marginal compartment with permeability.

Here, the machinery compartment (AB) seems to be within the permissible length. But how
do we assess whether compartment BC is safe or not? This is the subdivision diagram for a
typical merchant ship. The compartment BC is generally used for cargo holds, where the
permeability is as low as 60 percent. Hence, the triangle for this compartment is to be
checked against the 60 percent permissible length curve, which determines that one
compartment standard is achievable.

Another important concept that comes to play here, is that of Marginal Compartment. If you
notice compartment CD, its length is exactly equal to the floodable length, which is why the
vertex of its triangle coincides the floodable length curve. Such a compartment is called a
Marginal Compartment. However, in this case, the marginal compartment does not behave
as one because of the permeability factor. The compartment CD in merchant ships is usually
used for cargo hold or forward stores, giving it a permeability of 60 percent.

It is therefore evident that though the triangles may overshoot the floodable length curve, the
final analysis is to be made only after calculating the permeability of every compartment.

Evaluation of Damaged Stability Equilibrium Conditions:

The most important step in analysis of a damaged condition, is to calculate the equilibrium
conditions, which include the final trim, heel and drafts after the location and extent of
damage is known. There are two methods that are used for this purpose. We will only graze
through the concepts of each,

 Lost Buoyancy Method: This method assumes that the damaged compartment
does not contribute to the total buoyancy of the ship. Hence, the ship loses a part of its
total waterplane, and its buoyancy, therefore reducing stability. This method is easier
 to use, because it is not iterative. On the other hand, the results obtained from this
method are slightly less accurate than the other method.

 Added Weight Method: The added weight method considers the flooded water to be
a weight added to a certain point in the ship. The problem is them solved like a
traditional weight addition case, and the trim and drafts are calculated over a set of
iterations. Though this process is time consuming, it provides more accurate results,
and is hence used by most stability analysis software.

We have restricted our study to the conceptual understanding of subdivision and the two
methods of evaluation have been discussed on a very primary level because they are very
numerical in nature, and is hence out of the scope of our article. Detailed examples of both
the methods can be found in published textbooks. What’s important to understand, is the
conceptual application of damaged stability. These concepts are now applied in advanced
levels to develop newer ways of understanding damaged stability of ships, something that
has taken a probabilistic approach in the recent days.

5a) & B)The objective of an investigation is to prevent similar marine casualties

and incidents in the future. In accordance with the Casualty Investigation Code
and the Maritime Administration and Marine Safety Law an investigation is
independent from a criminal investigation or other investigation conducted in
order to determine the fault and liability of persons. Authorities, which conduct a
criminal investigation or other investigation regarding the relevant event in
order to determine the fault and liability of persons, shall ensure that the
investigation conducted in accordance with this Regulation is not prohibited,
discontinued or hindered because of these investigations. If law enforcement
institutions have notified the Investigation Bureau that criminal proceedings or
departmental examination regarding the relevant event has been initiated, the
Investigation Bureau shall ensure that the criminal proceedings or departmental
examination is not hindered because of the investigation conducted thereby (for
example, expert-examination of the potential material evidence is not performed
without coordination with the person directing the proceedings).
SHORT DESCRIPTION OF THE CASUALTY/INCIDENT - This part shall outline
the basic facts of the marine casualty or incident; what happened, when, where
and how it happened; whether any deaths, injuries, damage to the ship, cargo,
third parties or environment occurred as a result.
FACTS - This part shall include a number of discrete sections, providing
sufficient
information that substantiates the analysis and eases understanding of the
situation. These sections shall include the following information: Ship particulars
-
the name of the ship; IMO number; the flag State; main characteristics; owner
and actual manager (charterer, operator); construction details; minimum safe
manning; the type of the ship; voyage particulars - ports of call; type of
voyage;
cargo information; manning; marine casualty or incident information - type;
date and time; location of the casualty (position); internal and external
environment;
place on board; ship operation and voyage segment; human factors data;
consequences (for people, ship, cargo, environment, other); shore authority
involvement and emergency response - who was involved; means used; speed
of response; actions taken; results achieved.
1) NECESSITY OF CODE:- It was acknowledged that the investigation and
proper analysis of marine casualties and incidents can lead to greater awareness
of casualty causation and result in remedial measures including better training
to enhance safety of life at sea and protection of environment.
It was also recognized that a standard approach and cooperation between
governments, to marine casualty and incident investigation is necessary to
correctly identify the cause.
2) OBJECTIVE:- Objective to any marine casualty investigation is to prevent
similar casualties in future. Investigations identify the circumstances of the
casualty under investigation and establish the cause.
3) WHO WILL DO THE INVESTIGATION:-
a) Flag state has to carry investigation in all casualties occurring to its ship.
b) If casualty occurs in territorial sea of a state, then flag state and coastal state
should cooperate to maximum extent and mutually decide who will be the lead
investigating state.
c) If casualty occurs at high seas then flag state has to carry out investigation.
But if the casualty involves other other parties or affects environment of other
state, then all substantially interested state should work together and decide
who will be the lead investigating state.
4) CONSULTATION AND COOPERATION BETWEEN STATES:- If casualty has
taken place in territorial water of any state then the coastal state should without
delay report the matter to flag state.Also if the casualty involves other parties all
substantially interested parties to be informed by investigating state.
When two or more states have agreed to the procedure for a marine casualty
investigation, the state conducting the investigation should allow representative
of the other state to:-
a) Question witness
b) view and examine documents and evidence
c) Produce witness and other evidence
d) Comment on and have their views properly reflected in final report.
e) Be provided with transcripts statement & final report relating to investigation.
5) RECOMMENDED PRACTICE FOR SAFETY INVESTIGATION:-
a) Investigation should be thorough and unbiased.
b) Cooperation between substantially interested states.
c) It should be given same priority as criminal or other investigation.
d) Investigator should have ready access to relevant safety information
including survey records held by flag state , owner, class etc.
e) Effective use should be made of all recorded data including VDR in the
investigation of casualty.
f) Investigator should have access to government surveyors, coastguard
officers, pilot or other marine personnel of respective states.
g) Investigator should take account of any recommendation published by IMO or
ILO regarding human factor.
h) Reports of investigation are most effective when circulated to shipping
industry and public.
6) REPORTING TO IMO: - After investigation the lead investigating state should
circulate draft report to coastal state and substantially interested state for
comments. If no comment is received within 30 days lead state should send the
final report to IMO. Very serious marine casualty means a ship casualty which
involves total loss of ship, loss of life or severe pollution.

6a) (b) On board:

a) Minimum or only one access to ship & effective gangway watch maintained all the times
b) Person with identity should always be checked and unauthorized persons refused access
c) Gangway to be raised during period of non use
d) All store rooms, mast houses, entrance to accommodation (except only one entrance to
accommodation) should be locked in accordance with fire and safety regulations
e) Cargo work if not 24 hrs, access to hold should be checked at end of each working
periods, hatches closed, all accesses to cargo holds locked
f) Maintained deck watch all the times in port and anchorage especially stowaway is a
problem
g) At port/anchorage in night:
h) Well lit deck and over-side area
i) Check mooring ropes and anchor cable regularly to deter stowaway to gain access
j) With reduced manning difficult to maintain 24 hrs watch, master to employ shore
watchmen
k) Shore watchmen from reputed company and arranged by ship’s agent and P& I
correspondent
l) Master to display incorrect information on sailing board
Additional expenses for shore watchmen and human occupancy detector are not covered by P & I
club.
Charterer responsibility
O To exercise due care and diligence in preventing stowaway gaining access to v/l by
means of secreting himself in goods or container shipped by charterer.
O If stowaway is found thru container or goods, this will constitute a breach of charter, for
which he shall be liable and holds s/o harmless and indemnify against all claims, which
may arise and made against them.
Log book entries
O Details of watch security arrangements at port
O Time, date and outcome of stowaway searches conducted by crew as per company
Discovered stowaway on board
O Follow company guidelines
O Establish where more stowaway onboard
O Notify ship-owner and agent at next port of call
O Establish identity of each stowaway
O Establish documents stowaway has in his/her possession
O Humanitarian obligation to provide maintenance e.g. food, water, sleeping
accommodation, washing and toilet facility
O Not an easy situation onboard, as a physical danger to crew or infectious disease
O No matter whatever the situation to be treated humanely
O A case study shows that three stowaway found onboard and been thrown overboard,
two of them swim ashore safety and one drowned
O After legal proceeding master and chief officer were given life sentences and other
crew were jailed up to 20 years
If more than one stowaway - keep them separate.
Also establish following:
O Full name
O Nationality
O Postal and residential permanent or last address
O Date and place of birth
O Name, date and place of birth of either or both parents or other next of kin including
their postal and residential address
O Details of any document found in stowaway’s possession, such as passport, CDC or
identity card
O Stowaway not be socialize and become friendly with crew
O Never allow stowaway to escape in port as ship's officer(s) may be fined by immigration
O Do not allow stowaway on work
O Proper logbook entries made for the period of stay of stowaway

Stowaways Clause for Time Charterers

a) (i) The Charterers shall exercise due care and diligence in preventing stowaways
from gaining access to the Vessel by means of secreting away in the goods and/or
containers shipped by the Charterers.
(ii) If the Owners are able to establish that through the lack of due care and due
diligence by the Charterers stowaways have gained access to the Vessel by means of
secreting away in the goods and/or containers shipped by the Charterers, this shall
amount to a breach of charter for which the Charterers shall be liable and hold the
Owners harmless and keep them indemnified against all claims, costs (including
victualling costs for stowaways whilst on board and repatriation), losses (but
excluding consequential loss, damages, expense or delay), fines or penalties which
may arise and be made against them. The Vessel shall remain on hire for any time
lost as a result of such breach.
b) If stowaways have gained access to the Vessel by means other than those referred
to in sub-clause a) above, all costs (including victualling costs for stowaways whilst
on board and repatriation), expenses, fines or penalties shall be for the account of
the Owners who shall hold the Charterers harmless and keep them indemnified
against all claims, costs, losses (but excluding consequential loss, damages,
expense or delay), fines or penalties which may arise and be made against them. The
Vessel shall remain off hire for any time lost.
c) Notwithstanding the contents of sub-clauses a) and b) above, should the Vessel be
arrested as a result of stowaways having gained access to the Vessel, the Owners
shall take all reasonable steps to secure her immediate release by putting up bail or
other acceptable security.

Stowaways Clause for Time Charter Parties 2009

(a) If stowaways have gained access to the Vessel by means of secreting away in the goods
and/or containers or by any other means related to the cargo operation, this shall amount to
breach of charter. The Charterers shall be liable for the consequences of such breach and
hold the Owners harmless and keep them indemnified against all claims; costs (including
but not limited to victualling costs for stowaways whilst on board and repatriation); losses;
and fines or penalties, which may arise and be made against them. The Charterers shall, if
required, place the Owners in funds to put up bail or other security. The Vessel shall remain
on hire for any time lost as a result of such breach.
(b) Save for those stowaways referred to in sub-clause (a), if stowaways have gained access
to the Vessel, all expenses, including fines or penalties, shall be for the Owners’ account and
the Vessel shall be off hire for any time lost.

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

7a) Operational Aspects

When anchoring in an area where other ships are anchored, the approach course opposed to the resultant
of the wind and current can be visually appreciated. This is more difficult to achieve when anchoring in an
area devoid of other shipping, especially at night. The larger the ship, the smaller the limiting speed before
dropping anchor. In a VLCC, the speed over the ground must be less than 0.5 knot. It is difficult to
achieve a situation with the ship stopped over the ground.
A rule of thumb method often used is to reverse the engines until the propeller wash reaches the bridge or
manifold (chosen by experience) and then let go the anchor. However, even if the experience of the master
is such that he knows the ship is stopped through the water on these occasions, the ship is not necessarily
stopped over the ground.
Prior to anchoring, the set and drift of the current and wind should be established as well as possible and
the ship placed on a heading opposed to the resultant of these forces. The anchor position should be
marked on the chart and the forecastle officer briefed on the bridge.
In large ships, in order to establish that the ship is on the correct heading and the ship is stopped over the
ground, the anchor should be lowered to the seabed, brake applied and taken out of gear. The cable should
then be paid out slowly until the forecastle officer can use the lay of the cable to ascertain the correct
ship's heading. Provided that the length of the cable does not exceed twice the depth of water, the anchor
will trip or drag, thus obviating undue stress on the tackle. Some pilots and masters prefer to carry out this
operation with the anchor still in gear. When the forecastle officer is satisfied that the ship's heading and
headway are correct, then the rest of the cable should be paid out and finally brought up. Excessive
sternway, once the anchor has dug into the seabed material, can cause some part of the tackle to fail or
carry away. The inertia of large ships is considerable. A VLCC making one knot over the ground has the
same kinetic energy as Concorde at 1000 knots.
When the ship is brought up, the position of the bridge should be marked on the chart and swinging
circle annotated with clearing bearing

The Windlass
Research has shown that whilst the anchors and the cable are relatively reliable, the windlass is not. This
is partly due to the disproportionate size of a windlass on the much larger ship of today. It should be
remembered that the Kinetic Energy created by a ship of > 50,000 dwt moving over the ground in any
direction, at more than say 0.3 knot, is enormous. By comparison, windlasses may only be capable of
lifting a minimum design weight, which is specified by the Classification Societies. This is the weight of
the anchor and four shackles of cable, hanging dead in the water and therefore nothing in comparison to
the full weight of the ship. If all of this energy is imparted into the anchor it has to go somewhere and it is
usually to the windlass. The dissipation of such energy results in as brake or gear failure!
Safety Parameters
Extensive research by the Classification Societies has established some safety parameters within which to
operate when dredging anchors.
a) The amount of cable in the water should not exceed 1¼ x depth of water. (Some sources quote 2 x
depth). If this figure is exceeded the anchor is likely to dig in and commence holding.
b) The design speed of a windlass gypsy in gear is about 30 feet/minute which is approximately 3 minutes
a shackle. This is equal to a ship speed of 0.3 knots over the ground.
c) The windlass is only designed to lift the dead weight of the anchor and four shackles.
If therefore, the amount of cable in the water does not exceed 1½ x depth, we have a safety factor which
guards against speeds in excess of 0.3 knot, because the anchors will not dig in and hold, but drag.
When the amount of cable exceeds 1½ x depth, the speed must be below 0.3 knot, especially if the
windlass is in gear or the brake is screwed up. The anchor will most certainly dig in and attempt to hold
the full weight of the ship.
Letting Go
On smaller ships, when pilots are putting out anchors for dredging purposes, it is customary to 'let the
anchor go' on the brake. On large ships, however, with unknown equipment and crews of mixed
nationality and capability, it may be appropriate to walk out the anchors in gear rather than let them go on
the brake. This affords the pilot much more control over the operation, guarding against the crew
'screwing up' the brake with the wrong amount of cable out, or worse still, letting the cable run away,
leaving the pilot with 12 shackles out on both anchors!
Each tanker company has its own specific Standing Orders for anchoring large ships; their individual
methods invariably work around these recommendations and should be adhered to at all times.
Planning for Anchoring
Master Shall:
1. Identify a suitable anchoring position before entering the anchorage area
2. Conduct a planned approach including speed reduction in ample time and orienting the ships head prior
anchoring to
(a) Same as similar sized vessels around or
(b) Stem the tide or wind whichever is stronger
Decide on which method of anchoring to be used and the number of shackles depending on the depth of
water, expected weather and holding ground. A simple rule in determining length of cable to use:
Standard condition:
Length of cable = [(Depth of water in meters * 2) + 90 ] / 27.5
When good holding power cannot be expected:
(e.g. Strong Wind, Strong Current, Harder Sea bottom)
Length of cable = [(Depth of water in meters * 3) + 140 ] / 27.5
Radar parallel indexing technique can be used, as it is an effective tool in maneuvering approach to
anchoring position.
A fix reference point is necessary in establishing the intended anchoring position relative to this fix point.
Preparation for Anchoring
The Chief Officer must supervise letting go or weighing the anchors and should only assign experienced
crew members to anchor work.
Prior to Anchoring, the Chief Officer should be aware of:
a. Approximate anchoring position
b. Method of approach
c. Which anchor to use
d. Depth of water
e. Method of Anchoring
f. Final amount of Cables

Soft chalk
Sand
Sand/shingle
Heavy mud
But will drag in softer sea beds such as :
Soft mud
Shingle
Shell
Recent improvements in anchor design have resulted in obtaining satisfactory hold in any kind of seabed
No anchor, no matter how well designed, will hold on rock, except by a fluke of the anchor.
Amount of cable required
The cable must be long enough to ensure that a part of it near the anchor always remains in the seabed.
The rest of the cable acts as a spring in preventing the anchor from being jerked when the ship is yawing
from side to side, or pitching.
ANCHOR WORK
Terms associated with anchoring:
a) Dragging
b) Scope
c) Walk back
d) Short Stay
e) Brought up
f) Securing Anchors
g) Bitter end of cable
h) Lead
i) Fouling
j) Bow Stopper
k) Long Stay

Dragging
An anchor is said to be dragging when, instead of holding the ship, the ship drags it along the bottom; this
may occur in heavy weather, in a strong current, or when insufficient cable has been paid out. A small
amount of dragging on anchoring is necessary, in order to bury the anchor in the seabed.
Scope
Scope is the ratio of the length of the anchor cable to the vertical distance from the hawse pipe to the
seabed. (Depth plus height of hawse pipe above seabed).

The scope used depends upon several factors:

• The nature of the holding ground. Stiff clay, rock, shells, very soft mud and stones are considered
poor holding ground.
• The amount of swinging room available as the wind or stream changes in direction.
• The degree of exposure to bad weather at the anchorage.
• The strength of wind and stream.
• The duration of stay at anchorage.

SEP 2017
1b) Documentary credit- already done
2A) sea men’s wages

131. Master to give facilities to seaman for remitting wages.―Where a seaman expresses to the master of
the ship his desire to have facilities afforded to him for remitting any part of the balance of the wages due to
him to a savings bank or to a near relative, the master shall give to the seaman all reasonable facilities for so
doing so far as regards so much of the balance as is within the limits, if any, specified in this behalf by the
Central Government, but shall be under no obligation to give those facilities while the ship is in port if the sum
will become payable before the ship leaves port or otherwise than conditionally on the seaman going to sea in
the ship.
132. Decision of questions by shipping masters.―(1) Where under the agreement with the crew any dispute
arises at any port in India between the master, owner or agent of a ship and any of the crew of the ship, it shall
be submitted to the shipping master,―
2[(a) where the amount in dispute is up to five lakh rupees or such higher amount not exceeding ten lakh
rupees, as the Central Government may, by notification, specify, at the instance of either party to the dispute;]
(b) in any other case, if both parties to the dispute agree in writing to submit the dispute to the shipping master.
3[(1A) Any complaint of dispute received by the shipping master from an Indian seaman, on a vessel registered
in a country other than India, in Indian territorial waters, with the master, owner or agent.] (2) The shipping
master shall hear and decide the dispute so submitted and an award made by him upon the submission shall be
conclusive as to the rights of the parties, and any document purporting to be such submission or award shall be
prima facie evidence thereof.

1. Ins. by Act 41 of 1984, s. 8 (w.e.f.15-7-1985). 2. Subs. by Act 32 of 2014, s. 12, for clause (a) (w.e.f. 1-4-2015).
3. Ins. by Act 9 of 1998, s. 3 (w.e.f. 26-9-1997).
(3) An award made by a shipping master under this section may be enforced by 1[a Judicial Magistrate of the
first class or a Metropolitan Magistrate, as the case may be,] in the same manner as an order for the payment of
wages made by such Magistrate under this Act.
(4) Nothing in the Arbitration Act, 1940 (10 of 1940), shall apply to any matter submitted to a shipping master
for decision under this section.
133. Power of shipping master to require production of ship's papers.―In any proceedings under this Act
before a shipping master relating to the wages, claims or discharge of a seaman, the shipping master may
require the owner, master or agent or any mate or other member of the crew to produce any logbooks, papers,
or other documents in his possession or power relating to any matter in question in the proceedings, and may
require the attendance of and examine any of those persons being then at or near the place on the matter .
134. Rule as to payment to seamen in foreign currency.―Where a seaman or apprentice has agreed with the
master of a ship for payment of his wages in Indian or other currency, any payment of, or on account of, his
wages, if made in any currency other than that stated in the agreement, shall, notwithstanding anything in the
agreement, be made at the rate of exchange for the time being current at the place where the payment is made.

Advance and allotment of wages 135. Advance of wages.―(1) Any agreement with the crew may contain a
stipulation for payment to a seaman, conditional on his going to sea in pursuance of the agreement of a sum not
exceeding the amount of one month's wages payable to the seaman under the agreement.
(2) Save as aforesaid, an agreement by or on behalf of the employer of a seaman for the payment of money to
or on behalf of the seaman, conditional on his going to sea from any port in India shall be void, and no money
paid in satisfaction or in respect of any such agreement shall be deducted from the seaman‟s wages, and no
person shall have any right of action, suit or set-off against the seaman or his assignee in respect of any money
so paid or purporting to have been so paid.
(3) No seaman, who has been lawfully engaged and has received under his agreement an advance payment,
wilfully or through misconduct shall fail to attend his ship or desert there from before the payment becomes
really due to him.
(4) Where it is shown to the satisfaction of a shipping master that a seaman lawfully engaged has willfully or
through misconduct failed to attend his ship, the shipping master shall report the matter to the Director-General
who may direct that any of the seaman's certificates of discharge referred to in sections 119 and 120 shall be
withheld for such period as he may think fit; and while a seaman's certificate of discharge is so withheld, the
Director-General or any other person having the custody of the necessary documents may, notwithstanding
anything in this Act, refuse to furnish copies of any such certificate or certified extracts therefrom.
136. Allotment notes respecting seaman's wages.―(1) A seaman may require that a stipulation be inserted in
the agreement for the allotment, by means of an allotment note, of any part (not exceeding three-fourths) of the
amount of the monthly wages payable to him in favour of any such member of his family or any such relative
or for any such purpose approved in this behalf by the Central Government by general or special order, as may
be specified in the note.
(2) Every shipping master or other officer before whom the seaman is engaged shall, after the seaman has
signed the agreement, inquire from the seaman whether he requires such a stipulation for the allotment of his
wages by means of an allotment note.
(3) Whenever a seaman requires such a stipulation, the stipulation shall be inserted in the agreement of the
crew, and such stipulation shall be deemed to have been agreed to by the master.

1. Subs. by Act 12 of 1983, s. 17 and Sch., for “a magistrate” (w.e.f.18-5-1983).

(4) An allotment note shall be in the prescribed form and shall be signed by the owner, master or agent of the
ship and by the seaman.
137. Commencement and payment of sums allotted.―(1) A payment under an allotment note shall begin at
the expiry of 1[one month from the date on which the seaman's right to wages begins] and shall be made at the
expiration of every subsequent month after the first month and shall be made only in respect of the wages
earned before the date of payment.
(2) The owner, master or agent who has authorised the drawing of an allotment note shall pay to the shipping
master on demand the sums due under the note, and, if he fails to do so, the shipping master may sue for and
recover the same with costs:

Provided that no such sum shall be recoverable if it is shown to the satisfaction of the Court trying the case that
the seaman has forfeited or ceased to be entitled to the wages out of which the allotment was to have been paid
but the seaman shall be presumed to be duly earning his wages unless the contrary is shown to the satisfaction
of the Court either by the official statement of the change in the crew caused by his absence made and signed
by the master as by this Act is required or by a certified copy of some entry in the official logbook to the effect
that he has died or left the ship, or by a credible letter from the master of the ship to the same effect, or by such
other evidence of whatever description, as the Court may consider sufficient. (3) The shipping master on
receiving any such sum as aforesaid shall pay it over to the person named in that behalf in the allotment note.
(4) All such receipts and payments shall be entered in a book to be kept for the purpose, and all entries in the
said book shall be authenticated by the signature of the shipping master.
(5) The said book shall at all reasonable times be open to the inspection of the parties concerned.

Rights of seamen in respect of wages 138. Right to wages and provisions.―A seaman's right to wages and
provisions shall be taken to being either at the time at which he commences work or at the time specified in the
agreement for his commencement of work or presence on board, whichever first happens.
2[138A. Working hours of seamen.―The ordinary hours of work for all seamen shall not exceed forty-eight
hours in a week.] 139. Right to recover wages and salvage not to be forfeited.―(1) A seaman shall not by
any agreement forfeit his lien on the ship or be deprived of any remedy for the recovery of his wages to which,
in the absence of the agreement, he would be entitled, and shall not by any agreement abandon his right to
wages in case of loss of the ship or abandon any right that he may have or obtain in the nature of salvage, and
every stipulation in any agreement inconsistent with any provisions of this Act shall be void.

(2) Nothing in this section shall apply to a stipulation made by the seamen belonging to any ship which
according to the terms of the agreement is to be employed on salvage service with respect to the remuneration
to be paid to them for salvage service to be rendered by that ship to any other ship.

141. Wages on termination of service by wreck, illness, etc.―(1) Where the service of any seaman engaged
under this Act terminates before the date contemplated in the agreement by reason of the wreck, loss or
abandonment of the ship or by reason of his being left on shore at any place outside India under a certificate
granted under this Act of his unfitness or inability to proceed on the voyage the seaman shall be entitled to
receive―
(a) in the case of wreck, loss or abandonment of the ship―
(i) wages at the rate to which he was entitled at the date of termination of his service for the period from the
date his service is so terminated until he is returned to and arrives at a proper return port;
Provided that the period for which he shall be entitled to receive wages shall be not less than one month; and
(ii) compensation for the loss of his effects―
(a) in the case of a seaman employed on a home-trade ship, of not less than one month‟s wages; and
(b) in the case of a seaman employed on a foreign-going ship, of not less than three month‟s wages;

145. Summary proceedings for wages.―(1) A seaman or apprentice or a person duly authorised on his behalf
may, as soon as any wages due to him become payable, apply to 1[any Judicial Magistrate of the first class or
any Metropolitan Magistrate, as the case may be,] exercising jurisdiction in or near the place at which his
service has terminated or at which he has been discharged or at which any person upon whom the claim is
made is or resides, and 2[such Magistrate] shall try the case in a summary way and the order made by 2[such
Magistrate] in the matter shall be final.

148. Remedies of master for wages, disbursements, etc.―(1) The master of a ship shall, so far as the case
permits, have the same rights, liens and remedies for the recovery of his wages as a seaman has under this Act
or by any law or custom.
(2) The master of a ship and every person lawfully acting as a master of a ship by reason of the decease or
incapacity from illness, of the master of the ship shall, so far as the case permits, have the same rights, liens
and remedies for the recovery of disbursements or liabilities properly made or incurred by him on account of
the ship as a master has for recovery of his wages.
(3) If in any proceeding in any court touching the claim of a master in respect of such wages, disbursements or
liabilities any set-off is claimed or any counter-claim is made, the court may enter into, and adjudicate upon,
all questions and settle all accounts then arising or outstanding and unsettled between the parties to the
proceeding and may direct payment of any balance found to be due.

2B) Done earlier

3a) If a cargo ship’s master voluntarily sacrifices the cargo, equipment or funds from the ship to save
the voyage, then all parties involved in the venture (including all cargo owners) are
required to make a proportional contribution to cover the costs incurred.
When a General Average is declared by the ship’s master the cargo would not be released
until the cargo owners put up a cash bond or the cargo insurers put up a General Average
guarantee.
The law of general average is a legal principle of maritime law according to which all parties
in a sea venture proportionally share any losses resulting from a voluntary sacrifice of part of
the ship or cargo to save the whole in an emergency. In the exigencies of hazards faced at sea, crew
members often have precious little time in which to determine precisely whose cargo they are
jettisoning. Thus, to avoid quarrelling that could waste valuable time, there arose the equitable
practice whereby all the merchants whose cargo landed safely would be called on to contribute a
portion, based upon a share or percentage, to the merchant or merchants whose goods had been tossed
overboard to avert imminent peril. While general average traces its origins in ancient maritime law,
still it remains part of the admiralty law of most countries.

In a sea venture proportionally share any losses resulting from a voluntary sacrifice of part of the ship
or cargo to save the whole in an emergency.
General average requires three elements:
1. "A common danger: a danger in which vessel, cargo and crew all participate; a danger
imminent and apparently 'inevitable,' except by voluntarily incurring the loss of a
portion of the whole to save the remainder."
2. "There must be a voluntary jettison, or casting away, of some portion of the joint
concern for the purpose of avoiding this imminent peril, or in other words, a transfer of
the peril from the whole to a particular portion of the whole."
3. "This attempt to avoid the imminent common peril must be successful".

3b)
In the field of ocean marine insurance there are two general types of warranties that must be
considered: express and implied. Express warranties are promises written into the contract.
There are also three implied warranties, which do not appear in written form but bind the
parties nevertheless.
Warranty is defined as follows - "warranty" means a promissory warranty by which the
insured:
(a) Undertakes that some particular thing will or will not be done or that some condition will be
fulfilled; or
(b) Affirms or negates the existence of particular facts.
The identifying characteristic of a true warranty is the consequence that flows from a breach of the
warranty, namely that the insurer is discharged from liability - a warranty must be exactly complied
with, whether or not it is material to the risk.
Implied Warranties
The implied warranties are set out as:
1. Warranty of legality;
2. Warranty of neutrality; and
3. Warranty of seaworthiness.
The implied warranty of seaworthiness applies with full effect only to voyage policies. The
warranty is that the ship will be seaworthy "at the commencement of the voyage" for the
particular adventure insured. A seaworthy ship is one that is "reasonably fit in all respects to
encounter the ordinary perils of the adventure insured".
Express (Explicit) Warranty
An express warranty may be in any form of words from which the intention to warrant may be
inferred. This implies that creation of a warranty is a simple matter of choosing the appropriate policy
wording. The real difficulty is, however, in choosing that policy wording. Further, in many cases
even choosing the correct wording may not result in a warranty being created. A review indicates that
little more than a statement of fact was required to create a true warranty in a policy of marine
insurance. For example, the following words can be held to create warranties:
O “To sail on such a day";
O "Declarations of interest to be made as soon as possible after sailing"

4a) Turning Circles and Stopping Distances

The advance of a ship for a given alteration of course is the distance that her compass platform
moves in the direction of her original line of advance, measured from the point where the rudder is
put over. The transfer of a ship for a given alteration of course is the distance that her compass
platform moves at right-angles to her original line of advance, measured from the point where the
rudder is put over
The following factors determine the acceleration powers of a ship:
The momentum of the ship depends upon the mass of the ship and the speed of the ship. Thus a
lighter ship will gain or lose speed faster than a deeply loaded ship. If a large tanker is taken as an
example then at the same speed it will travel longer after the engine is stopped – when the tanker is in
full load condition. The reverse will happen when the tanker is on ballast – that is it will travel a
lesser distance. For starting up also after the first movement is given a loaded tanker will come to the
designed speed slower than the same tanker when it ballast.
The shape of the underwater part of the hull also plays an important part. Two tankers of the
same displacement would have entirely different accelerating and decelerating speeds. The
tanker which has finer lines than the other would be able to travel further after the engines are stopped
as well as start and reach the designed speed faster. Another factor is the condition of the ships
bottom and the underwater part of the hull. If the undersides are fouled with marine growth then there
would be a drag and the effect on the start up would not be that affected but the travel distance after
the engines are stopped would be shorter. If the under keel clearance is low then the effect is both
ways that is the ship will take longer to reach her designed speed from stop as well as she travel
longer when the engines are stopped.
VTS
A service implemented by a competent authority, VTS is designed to improve the safety and
efficiency of navigation, safety of life at sea and the protection of the marine environment.
VTS is governed by SOLAS Chapter V Regulation 12 together with the Guidelines for Vessel Traffic
Services [IMO Resolution A.857(20)] adopted by the International Maritime
Organization on 27 November 1997.
The VTS traffic image is compiled and collected by means of advanced sensors such as radar, AIS,
direction finding, CCTV and VHF or other co-operative systems and services. A modernVTS
integrates all of the information into a single operator working environment for ease of use and in
order to allow for effective traffic organization and communication.
In areas that are covered with VTS there are certain procedures for vessels to follow such as Area
Procedures, Sector Areas, Arrival and Departure Reports, Approach Procedures, Pilotage Procedures
and many more. Each of the above procedures are named with respect to the area that they serve. A
VTS should always have a comprehensive traffic image, which means that all factors influencing the
traffic as well as information about all participating vessels and their intentions should be readily
available. By means of the traffic image, situations that are developing can be evaluated and
responded upon. The data evaluation depends to a great extent on the quality of the data that is
collected and the ability of the operator to combine this with an actual or developing situation. The
data dissemination process exists of conveying the conclusions of the operator.

4b) When Towage will become salvage—Already explained.

5a and 5b)-Already done
6a) – Already Done
6b) - The MLC Regulation 2.1 and Standard A2.1 Seafarers’ Employment Agreements (SEA),
requires that there should be individual Seafarer Employment Agreements between the ship owner
and each seafarer working on board the vessel, or that seafarers who are not employees (e.g. self-
employed seafarers) are in possession of evidence of contractual or similar arrangements providing
them with decent working and living conditions on board the ship as required by the Maritime Labour
Convention.
The SEA is a contractual agreement between an individual seafarer and the ship owner or ship
owner’s representative. MLC requires that there should be one named body – the “ship owner” who
has ultimate responsibility for all aspects of the working & living conditions of all “seafarers”
employed on-board a ship to which the MLC applies irrespective of who may
actually employ them. MLC uses the term “ship owner” to mean the owner of the ship or
another organisation or person, such as the manager, agent or bareboat charterer, who has
assumed the responsibility for the operation of the ship from the owner & who, on assuming such
responsibility, has agreed to take over the duties and responsibilities imposed on ship owners in
accordance with MLC, regardless of whether any other organisation or persons fulfil certain of the
duties or responsibilities on behalf of the ship owner. In the majority of cases this will be the ISM
Code DOC holder, but it does not have to be.
Content of Seafarers’ Employment Agreement (SEA)
The SEA is required to contain, as a minimum, the following information relating to the
individual seafarer, the ship owner, and the terms and conditions under which the seafarer is to be
employed:
O The seafarer’s full name, date of birth or age, and birthplace;
O The ship owner’s name and address;
O The place where and date when the seafarer’s employment agreement is entered into;
O The capacity in which the seafarer is to be employed;
O The amount of the seafarer’s wages or, where applicable, the formula used for
calculating them;
O The amount of paid annual leave or, where applicable, the formula used for calculating
it;
O The termination of the agreement and the conditions thereof, including:
O If the agreement has been made for an indefinite period, the conditions entitling either
party to terminate it, as well as the required notice period, which shall not be less for
the ship owner than for the seafarer;
O If the agreement has been made for a definite period, the date fixed for its expiry; and
O If the agreement has been made for a voyage, the port of destination and the time which has to
expire after arrival before the seafarer should be discharged
O The health and social security protection benefits to be provided to the seafarer by the
 ship owner;
O The seafarer’s entitlement to repatriation, including repatriation destination; reference
to the collective agreement, if applicable.

SEA – FULLY EXPLAINED

Regulation 2.1 – Seafarers’ employment agreements

Purpose: To ensure that seafarers have a fair employment
agreement
 1. The terms and conditions for employment of a seafarer shall be set out or referred to in a clear written legally

enforceable agreement and shall be consistent with the standards set out in the Code.

 2. Seafarers’ employment agreements shall be agreed to by the seafarer under conditions which ensure that the

seafarer has an opportunity to review and seek advice on the terms and conditions in the agreement and freely accepts

them before signing.

 3. To the extent compatible with the Member’s national law and practice, seafarers’ employment agreements shall

be understood to incorporate any applicable collective bargaining agreements.

Standard A2.1 – Seafarers’ employment agreements

 1. Each Member shall adopt laws or regulations requiring that ships that fly its flag comply with the following

requirements:

 (a) seafarers working on ships that fly its flag shall have a seafarers’ employment agreement signed by

both the seafarer and the shipowner or a representative of the shipowner (or, where they are not employees, evidence

of contractual or similar arrangements) providing them with decent working and living conditions on board the ship

as required by this Convention;

 (b) seafarers signing a seafarers’ employment agreement shall be given an opportunity to examine and

seek advice on the agreement before signing, as well as such other facilities as are necessary to ensure that they have

freely entered into an agreement with a sufficient understanding of their rights and responsibilities;

 (c) the shipowner and seafarer concerned shall each have a signed original of the seafarers’ employment

agreement;
  (d) measures shall be taken to ensure that clear information as to the conditions of their employment can

be easily obtained on board by seafarers, including the ship’s master, and that such information, including a copy of

the seafarers’ employment agreement, is also accessible for review by officers of a competent authority, including

those in ports to be visited; and

 (e) seafarers shall be given a document containing a record of their employment on board the ship.

 2. Where a collective bargaining agreement forms all or part of a seafarers’ employment agreement, a copy of that

agreement shall be available on board. Where the language of the seafarers’ employment agreement and any applicable

collective bargaining agreement is not in English, the following shall also be available in English (except for ships engaged

only in domestic voyages):

 (a) a copy of a standard form of the agreement; and

 (b) the portions of the collective bargaining agreement that are subject to a port State inspection under

Regulation 5.2.

 3. The document referred to in paragraph 1(e) of this Standard shall not contain any statement as to the quality of

the seafarers’ work or as to their wages. The form of the document, the particulars to be recorded and the manner in which

such particulars are to be entered, shall be determined by national law.

 4. Each Member shall adopt laws and regulations specifying the matters that are to be included in all seafarers’

employment agreements governed by its national law. Seafarers’ employment agreements shall in all cases contain the

following particulars:

 (a) the seafarer’s full name, date of birth or age, and birthplace;

 (b) the shipowner’s name and address;

 (c) the place where and date when the seafarers’ employment agreement is entered into;

 (d) the capacity in which the seafarer is to be employed;

 (e) the amount of the seafarer’s wages or, where applicable, the formula used for calculating them;

 (f) the amount of paid annual leave or, where applicable, the formula used for calculating it;

 (g) the termination of the agreement and the conditions thereof, including:
  (i) if the agreement has been made for an indefinite period, the conditions entitling either party

to terminate it, as well as the required notice period, which shall not be less for the shipowner than for the

seafarer;

 (ii) if the agreement has been made for a definite period, the date fixed for its expiry; and

 (iii) if the agreement has been made for a voyage, the port of destination and the time which has

to expire after arrival before the seafarer should be discharged;

 (h) the health and social security protection benefits to be provided to the seafarer by the shipowner;

 (i) the seafarer’s entitlement to repatriation;

 (j) reference to the collective bargaining agreement, if applicable; and

 (k) any other particulars which national law may require.

 5. Each Member shall adopt laws or regulations establishing minimum notice periods to be given by the seafarers

and shipowners for the early termination of a seafarers’ employment agreement. The duration of these minimum periods

shall be determined after consultation with the shipowners’ and seafarers’ organizations concerned, but shall not be shorter

than seven days.

 6. A notice period shorter than the minimum may be given in circumstances which are recognized under national

law or regulations or applicable collective bargaining agreements as justifying termination of the employment agreement at

shorter notice or without notice. In determining those circumstances, each Member shall ensure that the need of the

seafarer to terminate, without penalty, the employment agreement on shorter notice or without notice for compassionate or

other urgent reasons is taken into account.

Guideline B2.1.1 – Record of employment

 1. In determining the particulars to be recorded in the record of employment referred to in Standard A2.1,

paragraph 1(e), each Member should ensure that this document contains sufficient information, with a translation in

English, to facilitate the acquisition of further work or to satisfy the sea-service requirements for upgrading or promotion. A

seafarers’ discharge book may satisfy the requirements of paragraph 1(e) of that Standard.

Regulation 2.2 – Wages

Purpose: To ensure that seafarers are paid for their services
 1. All seafarers shall be paid for their work regularly and in full in accordance with their employment agreements.

Standard A2.2 – Wages

 1. Each Member shall require that payments due to seafarers working on ships that fly its flag are made at no

greater than monthly intervals and in accordance with any applicable collective agreement.

 2. Seafarers shall be given a monthly account of the payments due and the amounts paid, including wages,

additional payments and the rate of exchange used where payment has been made in a currency or at a rate different from

the one agreed to.

 3. Each Member shall require that shipowners take measures, such as those set out in paragraph 4 of this

Standard, to provide seafarers with a means to transmit all or part of their earnings to their families or dependants or legal

beneficiaries.

 4. Measures to ensure that seafarers are able to transmit their earnings to their families include:

 (a) a system for enabling seafarers, at the time of their entering employment or during it, to allot, if they

so desire, a proportion of their wages for remittance at regular intervals to their families by bank transfers or similar

means; and

 (b) a requirement that allotments should be remitted in due time and directly to the person or persons

nominated by the seafarers.

 5. Any charge for the service under paragraphs 3 and 4 of this Standard shall be reasonable in amount, and the

rate of currency exchange, unless otherwise provided, shall, in accordance with national laws or regulations, be at the

prevailing market rate or the official published rate and not unfavourable to the seafarer.

 6. Each Member that adopts national laws or regulations governing seafarers’ wages shall give due consideration

to the guidance provided in Part B of the Code.

Guideline B2.2 – Wages

Guideline B2.2.1 – Specific definitions
 1. For the purpose of this Guideline, the term:

 (a) able seafarer means any seafarer who is deemed competent to perform any duty which may be

required of a rating serving in the deck department, other than the duties of a supervisory or specialist rating, or who

is defined as such by national laws, regulations or practice, or by collective agreement;

  (b) basic pay or wages means the pay, however composed, for normal hours of work; it does not include

payments for overtime worked, bonuses, allowances, paid leave or any other additional remuneration;

 (c) consolidated wage means a wage or salary which includes the basic pay and other pay-related

benefits; a consolidated wage may include compensation for all overtime hours which are worked and all other pay-

related benefits, or it may include only certain benefits in a partial consolidation;

 (d) hours of work means time during which seafarers are required to do work on account of the ship;

 (e) overtime means time worked in excess of the normal hours of work.

Guideline B2.2.2 – Calculation and payment

 1. For seafarers whose remuneration includes separate compensation for overtime worked:

 (a) for the purpose of calculating wages, the normal hours of work at sea and in port should not exceed

eight hours per day;

 (b) for the purpose of calculating overtime, the number of normal hours per week covered by the basic

pay or wages should be prescribed by national laws or regulations, if not determined by collective agreements, but

should not exceed 48 hours per week; collective agreements may provide for a different but not less favourable

treatment;

 (c) the rate or rates of compensation for overtime, which should be not less than one and one-quarter

times the basic pay or wages per hour, should be prescribed by national laws or regulations or by collective

agreements, if applicable; and

 (d) records of all overtime worked should be maintained by the master, or a person assigned by the

master, and endorsed by the seafarer at no greater than monthly intervals.

 2. For seafarers whose wages are fully or partially consolidated:

 (a) the seafarers’ employment agreement should specify clearly, where appropriate, the number of hours

of work expected of the seafarer in return for this remuneration, and any additional allowances which might be due in

addition to the consolidated wage, and in which circumstances;

 (b) where hourly overtime is payable for hours worked in excess of those covered by the consolidated

wage, the hourly rate should be not less than one and one quarter times the basic rate corresponding to the normal
 hours of work as defined in paragraph 1 of this Guideline; the same principle should be applied to the overtime hours

included in the consolidated wage;

 (c) remuneration for that portion of the fully or partially consolidated wage representing the normal

hours of work as defined in paragraph 1(a) of this Guideline should be no less than the applicable minimum wage;

and

 (d) for seafarers whose wages are partially consolidated, records of all overtime worked should be

maintained and endorsed as provided for in paragraph 1(d) of this Guideline.

 3. National laws or regulations or collective agreements may provide for compensation for overtime or for work

performed on the weekly day of rest and on public holidays by at least equivalent time off duty and off the ship or additional

leave in lieu of remuneration or any other compensation so provided.

 4. National laws and regulations adopted after consulting the representative shipowners’ and seafarers’

organizations or, as appropriate, collective agreements should take into account the following principles:

 (a) equal remuneration for work of equal value should apply to all seafarers employed on the same ship

without discrimination based upon race, colour, sex, religion, political opinion, national extraction or social origin;

 (b) the seafarers’ employment agreement specifying the applicable wages or wage rates should be carried

on board the ship; information on the amount of wages or wage rates should be made available to each seafarer,

either by providing at least one signed copy of the relevant information to the seafarer in a language which the

seafarer understands, or by posting a copy of the agreement in a place accessible to seafarers or by some other

appropriate means;

 (c) wages should be paid in legal tender; where appropriate, they may be paid by bank transfer, bank

cheque, postal cheque or money order;

 (d) on termination of engagement all remuneration due should be paid without undue delay;

 (e) adequate penalties or other appropriate remedies should be imposed by the competent authority

where shipowners unduly delay, or fail to make, payment of all remuneration due;

 (f) wages should be paid directly to seafarers’ designated bank accounts unless they request otherwise in

writing;
  (g) subject to subparagraph (h) of this paragraph, the shipowner should impose no limit on seafarers’

freedom to dispose of their remuneration;

 (h) deduction from remuneration should be permitted only if:

 (i) there is an express provision in national laws or regulations or in an applicable collective

agreement and the seafarer has been informed, in the manner deemed most appropriate by the competent

authority, of the conditions for such deductions; and

 (ii) the deductions do not in total exceed the limit that may have been established by national

laws or regulations or collective agreements or court decisions for making such deductions;

 (i) no deductions should be made from a seafarer’s remuneration in respect of obtaining or retaining

employment;

 (j) monetary fines against seafarers other than those authorized by national laws or regulations, collective

agreements or other measures should be prohibited;

 (k) the competent authority should have the power to inspect stores and services provided on board ship

to ensure that fair and reasonable prices are applied for the benefit of the seafarers concerned; and

 (l) to the extent that seafarers’ claims for wages and other sums due in respect of their employment are

not secured in accordance with the provisions of the International Convention on Maritime Liens and Mortgages,

1993, such claims should be protected in accordance with the Protection of Workers’ Claims (Employer’s Insolvency)

Convention, 1992 (No. 173).

 5. Each Member should, after consulting with representative shipowners’ and seafarers’ organizations, have

procedures to investigate complaints relating to any matter contained in this Guideline.

Guideline B2.2.3 – Minimum wages

 1. Without prejudice to the principle of free collective bargaining, each Member should, after consulting

representative shipowners’ and seafarers’ organizations, establish procedures for determining minimum wages for

seafarers. Representative shipowners’ and seafarers’ organizations should participate in the operation of such procedures.

 2. When establishing such procedures and in fixing minimum wages, due regard should be given to international

labour standards concerning minimum wage fixing, as well as the following principles:
  (a) the level of minimum wages should take into account the nature of maritime employment, crewing

levels of ships, and seafarers’ normal hours of work; and

 (b) the level of minimum wages should be adjusted to take into account changes in the cost of living and

in the needs of seafarers.

 3. The competent authority should ensure:

 a) by means of a system of supervision and sanctions, that wages are paid at not less than the rate or rates

fixed; and

 b) that any seafarers who have been paid at a rate lower than the minimum wage are enabled to recover,

by an inexpensive and expeditious judicial or other procedure, the amount by which they have been underpaid.

Guideline B2.2.4 – Minimum monthly basic pay or wage

figure for able seafarers
 1. The basic pay or wages for a calendar month of service for an able seafarer should be no less than the amount

periodically set by the Joint Maritime Commission or another body authorized by the Governing Body of the International

Labour Office. Upon a decision of the Governing Body, the Director-General shall notify any revised amount to the

Members of the Organization.

 2. Nothing in this Guideline should be deemed to prejudice arrangements agreed between shipowners or their

organizations and seafarers’ organizations with regard to the regulation of standard minimum terms and conditions of

employment, provided such terms and conditions are recognized by the competent authority.

Regulation 2.3 – Hours of work and hours of rest

Purpose: To ensure that seafarers have regulated hours of work
or hours of rest
 1. Each Member shall ensure that the hours of work or hours of rest for seafarers are regulated.

 2. Each Member shall establish maximum hours of work or minimum hours of rest over given periods that are

consistent with the provisions in the Code.

Standard A2.3 – Hours of work and hours of rest

 1. For the purpose of this Standard, the term:
  (a) hours of work means time during which seafarers are required to do work on account of the ship;

 (b) hours of rest means time outside hours of work; this term does not include short breaks.

 2. Each Member shall within the limits set out in paragraphs 5 to 8 of this Standard fix either a maximum number

of hours of work which shall not be exceeded in a given period of time, or a minimum number of hours of rest which shall

be provided in a given period of time.

 3. Each Member acknowledges that the normal working hours’ standard for seafarers, like that for other workers,

shall be based on an eight-hour day with one day of rest per week and rest on public holidays. However, this shall not

prevent the Member from having procedures to authorize or register a collective agreement which determines seafarers’

normal working hours on a basis no less favourable than this standard.

 4. In determining the national standards, each Member shall take account of the danger posed by the fatigue of

seafarers, especially those whose duties involve navigational safety and the safe and secure operation of the ship.

 5. The limits on hours of work or rest shall be as follows:

 (a) maximum hours of work shall not exceed:

 (i) 14 hours in any 24-hour period; and

 (ii) 72 hours in any seven-day period; or

 (b) minimum hours of rest shall not be less than:

 (i) ten hours in any 24-hour period; and

 (ii) 77 hours in any seven-day period.

 6. Hours of rest may be divided into no more than two periods, one of which shall be at least six hours in length,

and the interval between consecutive periods of rest shall not exceed 14 hours.

 7. Musters, fire-fighting and lifeboat drills, and drills prescribed by national laws and regulations and by

international instruments, shall be conducted in a manner that minimizes the disturbance of rest periods and does not

induce fatigue.

 8. When a seafarer is on call, such as when a machinery space is unattended, the seafarer shall have an adequate

compensatory rest period if the normal period of rest is disturbed by call-outs to work.
 9. If no collective agreement or arbitration award exists or if the competent authority determines that the

provisions in the agreement or award in respect of paragraph 7 or 8 of this Standard are inadequate, the competent

authority shall determine such provisions to ensure the seafarers concerned have sufficient rest.

 10. Each Member shall require the posting, in an easily accessible place, of a table with the shipboard working

arrangements, which shall contain for every position at least:

 (a) the schedule of service at sea and service in port; and

 (b) the maximum hours of work or the minimum hours of rest required by national laws or regulations or

applicable collective agreements.

 11. The table referred to in paragraph 10 of this Standard shall be established in a standardized format in the

working language or languages of the ship and in English.

 12. Each Member shall require that records of seafarers’ daily hours of work or of their daily hours of rest be

maintained to allow monitoring of compliance with paragraphs 5 to 11 inclusive of this Standard. The records shall be in a

standardized format established by the competent authority taking into account any available guidelines of the

International Labour Organization or shall be in any standard format prepared by the Organization. They shall be in the

languages required by paragraph 11 of this Standard. The seafarers shall receive a copy of the records pertaining to them

which shall be endorsed by the master, or a person authorized by the master, and by the seafarers.

 13. Nothing in paragraphs 5 and 6 of this Standard shall prevent a Member from having national laws or

regulations or a procedure for the competent authority to authorize or register collective agreements permitting exceptions

to the limits set out. Such exceptions shall, as far as possible, follow the provisions of this Standard but may take account of

more frequent or longer leave periods or the granting of compensatory leave for watchkeeping seafarers or seafarers

working on board ships on short voyages.

 14. Nothing in this Standard shall be deemed to impair the right of the master of a ship to require a seafarer to

perform any hours of work necessary for the immediate safety of the ship, persons on board or cargo, or for the purpose of

giving assistance to other ships or persons in distress at sea. Accordingly, the master may suspend the schedule of hours of

work or hours of rest and require a seafarer to perform any hours of work necessary until the normal situation has been

restored. As soon as practicable after the normal situation has been restored, the master shall ensure that any seafarers who

have performed work in a scheduled rest period are provided with an adequate period of rest.

Guideline B2.3 – Hours of work and hours of rest

 Guideline B2.3.1 – Young seafarers
 1. At sea and in port the following provisions should apply to all young seafarers under the age of 18:

 (a) working hours should not exceed eight hours per day and 40 hours per week and overtime should be

worked only where unavoidable for safety reasons;

 (b) sufficient time should be allowed for all meals, and a break of at least one hour for the main meal of

the day should be assured; and

 (c) a 15-minute rest period as soon as possible following each two hours of continuous work should be

allowed.

 2. Exceptionally, the provisions of paragraph 1 of this Guideline need not be applied if:

 (a) they are impracticable for young seafarers in the deck, engine room and catering departments

assigned to watchkeeping duties or working on a rostered shiftwork system; or

 (b) the effective training of young seafarers in accordance with established programmes and schedules

would be impaired.

 3. Such exceptional situations should be recorded, with reasons, and signed by the master.

 4. Paragraph 1 of this Guideline does not exempt young seafarers from the general obligation on all seafarers to

work during any emergency as provided for in Standard A2.3, paragraph 14.

Regulation 2.4 – Entitlement to leave

Purpose: To ensure that seafarers have adequate leave
 1. Each Member shall require that seafarers employed on ships that fly its flag are given paid annual leave under

appropriate conditions, in accordance with the provisions in the Code.

 2. Seafarers shall be granted shore leave to benefit their health and well-being and consistent with the operational

requirements of their positions.

Standard A2.4 – Entitlement to leave

 1. Each Member shall adopt laws and regulations determining the minimum standards for annual leave for

seafarers serving on ships that fly its flag, taking proper account of the special needs of seafarers with respect to such leave.
 2. Subject to any collective agreement or laws or regulations providing for an appropriate method of calculation

that takes account of the special needs of seafarers in this respect, the annual leave with pay entitlement shall be calculated

on the basis of a minimum of 2.5 calendar days per month of employment. The manner in which the length of service is

calculated shall be determined by the competent authority or through the appropriate machinery in each country. Justified

absences from work shall not be considered as annual leave.

 3. Any agreement to forgo the minimum annual leave with pay prescribed in this Standard, except in cases

provided for by the competent authority, shall be prohibited.

Guideline B2.4 – Entitlement to leave

Guideline B2.4.1 – Calculation of entitlement
 1. Under conditions as determined by the competent authority or through the appropriate machinery in each

country, service off-articles should be counted as part of the period of service.

 2. Under conditions as determined by the competent authority or in an applicable collective agreement, absence

from work to attend an approved maritime vocational training course or for such reasons as illness or injury or for

maternity should be counted as part of the period of service.

 3. The level of pay during annual leave should be at the seafarer’s normal level of remuneration provided for by

national laws or regulations or in the applicable seafarers’ employment agreement. For seafarers employed for periods

shorter than one year or in the event of termination of the employment relationship, entitlement to leave should be

calculated on a pro-rata basis.

 4. The following should not be counted as part of annual leave with pay:

 (a) public and customary holidays recognized as such in the flag State, whether or not they fall during the

annual leave with pay;

 (b) periods of incapacity for work resulting from illness or injury or from maternity, under conditions as

determined by the competent authority or through the appropriate machinery in each country;

 (c) temporary shore leave granted to a seafarer while under an employment agreement; and

 (d) compensatory leave of any kind, under conditions as determined by the competent authority or

through the appropriate machinery in each country.

Guideline B2.4.2 – Taking of annual leave

 1. The time at which annual leave is to be taken should, unless it is fixed by regulation, collective agreement,

arbitration award or other means consistent with national practice, be determined by the shipowner after consultation and,

as far as possible, in agreement with the seafarers concerned or their representatives.

 2. Seafarers should in principle have the right to take annual leave in the place with which they have a substantial

connection, which would normally be the same as the place to which they are entitled to be repatriated. Seafarers should

not be required without their consent to take annual leave due to them in another place except under the provisions of a

seafarers’ employment agreement or of national laws or regulations.

 3. If seafarers are required to take their annual leave from a place other than that permitted by paragraph 2 of this

Guideline, they should be entitled to free transportation to the place where they were engaged or recruited, whichever is

nearer their home; subsistence and other costs directly involved should be for the account of the shipowner; the travel time

involved should not be deducted from the annual leave with pay due to the seafarer.

 4. A seafarer taking annual leave should be recalled only in cases of extreme emergency and with the seafarer’s

consent.

Guideline B2.4.3 – Division and accumulation

 1. The division of the annual leave with pay into parts, or the accumulation of such annual leave due in respect of

one year together with a subsequent period of leave, may be authorized by the competent authority or through the

appropriate machinery in each country.

 2. Subject to paragraph 1 of this Guideline and unless otherwise provided in an agreement applicable to the

shipowner and the seafarer concerned, the annual leave with pay recommended in this Guideline should consist of an

uninterrupted period.

Guideline B2.4.4 – Young seafarers

 1. Special measures should be considered with respect to young seafarers under the age of 18 who have served six

months or any other shorter period of time under a collective agreement or seafarers’ employment agreement without leave

on a foreign-going ship which has not returned to their country of residence in that time, and will not return in the

subsequent three months of the voyage. Such measures could consist of their repatriation at no expense to themselves to

the place of original engagement in their country of residence for the purpose of taking any leave earned during the voyage.
 Regulation 2.5 – Repatriation
Purpose: To ensure that seafarers are able to return home
 1. Seafarers have a right to be repatriated at no cost to themselves in the circumstances and under the conditions

specified in the Code.

 2. Each Member shall require ships that fly its flag to provide financial security to ensure that seafarers are duly

repatriated in accordance with the Code.

Standard A2.5.1 – Repatriation

 1. Each Member shall ensure that seafarers on ships that fly its flag are entitled to repatriation in the following

circumstances:

 (a) if the seafarers’ employment agreement expires while they are abroad;

 (b) when the seafarers’ employment agreement is terminated:

 (i) by the shipowner; or

 (ii) by the seafarer for justified reasons; and also

 (c) when the seafarers are no longer able to carry out their duties under their employment agreement or

cannot be expected to carry them out in the specific circumstances.

 2. Each Member shall ensure that there are appropriate provisions in its laws and regulations or other measures or

in collective bargaining agreements, prescribing:

 (a) the circumstances in which seafarers are entitled to repatriation in accordance with paragraph 1(b)

and (c) of this Standard;

 (b) the maximum duration of service periods on board following which a seafarer is entitled to

repatriation – such periods to be less than 12 months; and

 (c) the precise entitlements to be accorded by shipowners for repatriation, including those relating to the

destinations of repatriation, the mode of transport, the items of expense to be covered and other arrangements to be

made by shipowners.

 3. Each Member shall prohibit shipowners from requiring that seafarers make an advance payment towards the

cost of repatriation at the beginning of their employment, and also from recovering the cost of repatriation from the
 seafarers’ wages or other entitlements except where the seafarer has been found, in accordance with national laws or

regulations or other measures or applicable collective bargaining agreements, to be in serious default of the seafarer’s

employment obligations.

 4. National laws and regulations shall not prejudice any right of the shipowner to recover the cost of repatriation

under third-party contractual arrangements.

 5. If a shipowner fails to make arrangements for or to meet the cost of repatriation of seafarers who are entitled to

be repatriated:

 (a) the competent authority of the Member whose flag the ship flies shall arrange for repatriation of the

seafarers concerned; if it fails to do so, the State from which the seafarers are to be repatriated or the State of which

they are a national may arrange for their repatriation and recover the cost from the Member whose flag the ship flies;

 (b) costs incurred in repatriating seafarers shall be recoverable from the shipowner by the Member whose

flag the ship flies;

 (c) the expenses of repatriation shall in no case be a charge upon the seafarers, except as provided for in

paragraph 3 of this Standard.

 6. Taking into account applicable international instruments, including the International Convention on Arrest of

Ships, 1999, a Member which has paid the cost of repatriation pursuant to this Code may detain, or request the detention

of, the ships of the shipowner concerned until the reimbursement has been made in accordance with paragraph 5 of this

Standard.

 7. Each Member shall facilitate the repatriation of seafarers serving on ships which call at its ports or pass through

its territorial or internal waters, as well as their replacement on board.

 8. In particular, a Member shall not refuse the right of repatriation to any seafarer because of the financial

circumstances of a shipowner or because of the shipowner’s inability or unwillingness to replace a seafarer.

 9. Each Member shall require that ships that fly its flag carry and make available to seafarers a copy of the

applicable national provisions regarding repatriation written in an appropriate language.

Standard A2.5.2 – Financial security

 1. In implementation of Regulation 2.5, paragraph 2, this Standard establishes requirements to ensure the

provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment.
 2. For the purposes of this Standard, a seafarer shall be deemed to have been abandoned where, in violation of the

requirements of this Convention or the terms of the seafarers’ employment agreement, the shipowner:

 (a) fails to cover the cost of the seafarer’s repatriation; or

 (b) has left the seafarer without the necessary maintenance and support; or

 (c) has otherwise unilaterally severed their ties with the seafarer including failure to pay contractual

wages for a period of at least two months.

 3. Each Member shall ensure that a financial security system meeting the requirements of this Standard is in place

for ships flying its flag. The financial security system may be in the form of a social security scheme or insurance or a

national fund or other similar arrangements. Its form shall be determined by the Member after consultation with the

shipowners’ and seafarers’ organizations concerned.

 4. The financial security system shall provide direct access, sufficient coverage and expedited financial assistance,

in accordance with this Standard, to any abandoned seafarer on a ship flying the flag of the Member.

 5. For the purposes of paragraph 2(b) of this Standard, necessary maintenance and support of seafarers shall

include: adequate food, accommodation, drinking water supplies, essential fuel for survival on board the ship and

necessary medical care.

 6. Each Member shall require that ships that fly its flag, and to which paragraph 1 or 2 of Regulation 5.1.3 applies,

carry on board a certificate or other documentary evidence of financial security issued by the financial security provider. A

copy shall be posted in a conspicuous place on board where it is available to the seafarers. Where more than one financial

security provider provides cover, the document provided by each provider shall be carried on board.

 7. The certificate or other documentary evidence of financial security shall contain the information required in

Appendix A2-I. It shall be in English or accompanied by an English translation.

 8. Assistance provided by the financial security system shall be granted promptly upon request made by the

seafarer or the seafarer’s nominated representative and supported by the necessary justification of entitlement in

accordance with paragraph 2 above.

 9. Having regard to Regulations 2.2 and 2.5, assistance provided by the financial security system shall be sufficient

to cover the following:

  (a) outstanding wages and other entitlements due from the shipowner to the seafarer under their

employment agreement, the relevant collective bargaining agreement or the national law of the flag State, limited to

four months of any such outstanding wages and four months of any such outstanding entitlements;

 (b) all expenses reasonably incurred by the seafarer, including the cost of repatriation referred to in

paragraph 10; and

 (c) the essential needs of the seafarer including such items as: adequate food, clothing where necessary,

accommodation, drinking water supplies, essential fuel for survival on board the ship, necessary medical care and

any other reasonable costs or charges from the act or omission constituting the abandonment until the seafarer’s

arrival at home.

 10. The cost of repatriation shall cover travel by appropriate and expeditious means, normally by air, and include

provision for food and accommodation of the seafarer from the time of leaving the ship until arrival at the seafarer’s home,

necessary medical care, passage and transport of personal effects and any other reasonable costs or charges arising from

the abandonment.

 11. The financial security shall not cease before the end of the period of validity of the financial security unless the

financial security provider has given prior notification of at least 30 days to the competent authority of the flag State.

 12. If the provider of insurance or other financial security has made any payment to any seafarer in accordance

with this Standard, such provider shall, up to the amount it has paid and in accordance with the applicable law, acquire by

subrogation, assignment or otherwise, the rights which the seafarer would have enjoyed.

 13. Nothing in this Standard shall prejudice any right of recourse of the insurer or provider of financial security

against third parties.

 14. The provisions in this Standard are not intended to be exclusive or to prejudice any other rights, claims or

remedies that may also be available to compensate seafarers who are abandoned. National laws and regulations may

provide that any amounts payable under this Standard can be offset against amounts received from other sources arising

from any rights, claims or remedies that may be the subject of compensation under the present Standard.

Guideline B2.5 – Repatriation

Guideline B2.5.1 – Entitlement
 1. Seafarers should be entitled to repatriation:
  (a) in the case covered by Standard A2.5, paragraph 1(a), upon the expiry of the period of notice given in

accordance with the provisions of the seafarers’ employment agreement;

 (b) in the cases covered by Standard A2.5, paragraph 1(b) and (c):

 (i) in the event of illness or injury or other medical condition which requires their repatriation

when found medically fit to travel;

 (ii) in the event of shipwreck;

 (iii) in the event of the shipowner not being able to continue to fulfil their legal or contractual

obligations as an employer of the seafarers by reason of insolvency, sale of ship, change of ship’s registration or

any other similar reason;

 (iv) in the event of a ship being bound for a war zone, as defined by national laws or regulations

or seafarers’ employment agreements, to which the seafarer does not consent to go; and

 (v) in the event of termination or interruption of employment in accordance with an industrial

award or collective agreement, or termination of employment for any other similar reason.

 2. In determining the maximum duration of service periods on board following which a seafarer is entitled to

repatriation, in accordance with this Code, account should be taken of factors affecting the seafarers’ working environment.

Each Member should seek, wherever possible, to reduce these periods in the light of technological changes and

developments and might be guided by any recommendations made on the matter by the Joint Maritime Commission.

 3. The costs to be borne by the shipowner for repatriation under Standard A2.5 should include at least the

following:

 (a) passage to the destination selected for repatriation in accordance with paragraph 6 of this Guideline;

 (b) accommodation and food from the moment the seafarers leave the ship until they reach the

repatriation destination;

 (c) pay and allowances from the moment the seafarers leave the ship until they reach the repatriation

destination, if provided for by national laws or regulations or collective agreements;

 (d) transportation of 30 kg of the seafarers’ personal luggage to the repatriation destination; and

 (e) medical treatment when necessary until the seafarers are medically fit to travel to the repatriation

destination.
 4. Time spent awaiting repatriation and repatriation travel time should not be deducted from paid leave accrued to

the seafarers.

 5. Shipowners should be required to continue to cover the costs of repatriation until the seafarers concerned are

landed at a destination prescribed pursuant to this Code or are provided with suitable employment on board a ship

proceeding to one of those destinations.

 6. Each Member should require that shipowners take responsibility for repatriation arrangements by appropriate

and expeditious means. The normal mode of transport should be by air. The Member should prescribe the destinations to

which seafarers may be repatriated. The destinations should include the countries with which seafarers may be deemed to

have a substantial connection including:

 (a) the place at which the seafarer agreed to enter into the engagement;

 (b) the place stipulated by collective agreement;

 (c) the seafarer’s country of residence; or

 (d) such other place as may be mutually agreed at the time of engagement.

 7. Seafarers should have the right to choose from among the prescribed destinations the place to which they are to

be repatriated.

 8. The entitlement to repatriation may lapse if the seafarers concerned do not claim it within a reasonable period

of time to be defined by national laws or regulations or collective agreements.

Guideline B2.5.2 – Implementation by Members

 1. Every possible practical assistance should be given to a seafarer stranded in a foreign port pending repatriation

and in the event of delay in the repatriation of the seafarer, the competent authority in the foreign port should ensure that

the consular or local representative of the flag State and the seafarer’s State of nationality or State of residence, as

appropriate, is informed immediately.

 2. Each Member should have regard to whether proper provision is made:

 (a) for the return of seafarers employed on a ship that flies the flag of a foreign country who are put

ashore in a foreign port for reasons for which they are not responsible:

 (i) to the port at which the seafarer concerned was engaged; or

  (ii) to a port in the seafarer’s State of nationality or State of residence, as appropriate; or

 (iii) to another port agreed upon between the seafarer and the master or shipowner, with the

approval of the competent authority or under other appropriate safeguards;

 (b) for medical care and maintenance of seafarers employed on a ship that flies the flag of a foreign

country who are put ashore in a foreign port in consequence of sickness or injury incurred in the service of the ship

and not due to their own wilful misconduct.

 3. If, after young seafarers under the age of 18 have served on a ship for at least four months during their first

foreign-going voyage, it becomes apparent that they are unsuited to life at sea, they should be given the opportunity of

being repatriated at no expense to themselves from the first suitable port of call in which there are consular services of the

flag State, or the State of nationality or residence of the young seafarer. Notification of any such repatriation, with the

reasons therefor, should be given to the authority which issued the papers enabling the young seafarers concerned to take

up seagoing employment.

Guideline B2.5.3 – Financial security

 1. In implementation of paragraph 8 of Standard A2.5.2, if time is needed to check the validity of certain aspects of

the request of the seafarer or the seafarer’s nominated representative, this should not prevent the seafarer from

immediately receiving such part of the assistance requested as is recognized as justified.

Regulation 2.6 – Seafarer compensation for the ship’s loss or

foundering
Purpose: To ensure that seafarers are compensated when a ship
is lost or has foundered
 1. Seafarers are entitled to adequate compensation in the case of injury, loss or unemployment arising from the

ship’s loss or foundering.

Standard A2.6 – Seafarer compensation for the ship’s loss

or foundering
 1. Each Member shall make rules ensuring that, in every case of loss or foundering of any ship, the shipowner shall

pay to each seafarer on board an indemnity against unemployment resulting from such loss or foundering.
 2. The rules referred to in paragraph 1 of this Standard shall be without prejudice to any other rights a seafarer

may have under the national law of the Member concerned for losses or injuries arising from a ship’s loss or foundering.

Guideline B2.6 – Seafarer compensation for the ship’s loss

or foundering
Guideline B2.6.1 – Calculation of indemnity against
unemployment
 1. The indemnity against unemployment resulting from a ship’s foundering or loss should be paid for the days

during which the seafarer remains in fact unemployed at the same rate as the wages payable under the employment

agreement, but the total indemnity payable to any one seafarer may be limited to two months’ wages.

 2. Each Member should ensure that seafarers have the same legal remedies for recovering such indemnities as

they have for recovering arrears of wages earned during the service.

Regulation 2.7 – Manning levels

Purpose: To ensure that seafarers work on board ships with
sufficient personnel for the safe, efficient and secure operation of
the ship
 1. Each Member shall require that all ships that fly its flag have a sufficient number of seafarers employed on

board to ensure that ships are operated safely, efficiently and with due regard to security under all conditions, taking into

account concerns about seafarer fatigue and the particular nature and conditions of the voyage.

Standard A2.7 – Manning levels

 1. Each Member shall require that all ships that fly its flag have a sufficient number of seafarers on board to ensure

that ships are operated safely, efficiently and with due regard to security. Every ship shall be manned by a crew that is

adequate, in terms of size and qualifications, to ensure the safety and security of the ship and its personnel, under all

operating conditions, in accordance with the minimum safe manning document or an equivalent issued by the competent

authority, and to comply with the standards of this Convention.

 2. When determining, approving or revising manning levels, the competent authority shall take into account the

need to avoid or minimize excessive hours of work to ensure sufficient rest and to limit fatigue, as well as the principles in

applicable international instruments, especially those of the International Maritime Organization, on manning levels.
 3. When determining manning levels, the competent authority shall take into account all the requirements within
Regulation 3.2 and Standard A3.2 concerning food and catering.

Guideline B2.7 – Manning levels

Guideline B2.7.1 – Dispute settlement
 1. Each Member should maintain, or satisfy itself that there is maintained, efficient machinery for the

investigation and settlement of complaints or disputes concerning the manning levels on a ship.

 2. Representatives of shipowners’ and seafarers’ organizations should participate, with or without other persons or

authorities, in the operation of such machinery.

Regulation 2.8 – Career and skill development and

opportunities for seafarers’ employment
Purpose: To promote career and skill development and
employment opportunities for seafarers
 1. Each Member shall have national policies to promote employment in the maritime sector and to encourage

career and skill development and greater employment opportunities for seafarers domiciled in its territory.

Standard A2.8 – Career and skill development and

employment opportunities for seafarers
 1. Each Member shall have national policies that encourage career and skill development and employment

opportunities for seafarers, in order to provide the maritime sector with a stable and competent workforce.

 2. The aim of the policies referred to in paragraph 1 of this Standard shall be to help seafarers strengthen their

competencies, qualifications and employment opportunities.

 3. Each Member shall, after consulting the shipowners’ and seafarers’ organizations concerned, establish clear

objectives for the vocational guidance, education and training of seafarers whose duties on board ship primarily relate to

the safe operation and navigation of the ship, including ongoing training.

Guideline B2.8 – Career and skill development and

employment opportunities for seafarers
 Guideline B2.8.1 – Measures to promote career and skill
development and employment opportunities for
seafarers
 1. Measures to achieve the objectives set out in Standard A2.8 might include:

 (a) agreements providing for career development and skills training with a shipowner or an organization

of shipowners; or

 (b) arrangements for promoting employment through the establishment and maintenance of registers or

lists, by categories, of qualified seafarers; or

 (c) promotion of opportunities, both on board and ashore, for further training and education of seafarers

to provide for skill development and portable competencies in order to secure and retain decent work, to improve

individual employment prospects and to meet the changing technology and labour market conditions of the maritime

industry.

Guideline B2.8.2 – Register of seafarers

 1. Where registers or lists govern the employment of seafarers, these registers or lists should include all

occupational categories of seafarers in a manner determined by national law or practice or by collective agreement.

 2. Seafarers on such a register or list should have priority of engagement for seafaring.

 3. Seafarers on such a register or list should be required to be available for work in a manner to be determined by

national law or practice or by collective agreement.

 4. To the extent that national laws or regulations permit, the number of seafarers on such registers or lists should

be periodically reviewed so as to achieve levels adapted to the needs of the maritime industry.

 5. When a reduction in the number of seafarers on such a register or list becomes necessary, all appropriate

measures should be taken to prevent or minimize detrimental effects on seafarers, account being taken of the economic and

social situation of the country concerned.

Q7a) VRP as per OPA 90

Oil spills are rare, but when they do occur, they’re devastating. Although those
who make their livelihood at sea hope to never have to experience an oil spill, and
work to prevent them at all costs, everyone needs to understand their
responsibilities should the worst case scenario occur. One thing you need to
ensure your crew is prepared for any situation is a comprehensive vessel
response plan.

What is a Vessel Response Plan?

A vessel response plan (VRP) is a document that outlines what the vessel will do
in the case of an offshore spill. VRPs are required by the United States Coast
Guard for maritime operators that are carrying certain quantities of chemicals
and/or refined petroleum products.

The VRP includes information about the vessel, (such as its name, country of
registry, call sign, and more), contact information for the vessel’s owner or
operator, a list of zones that the vessel intends to operate in, and the clear
identification of the incident management team – the people or group who is to be
notified in the event of a spill. The identification contact will include the identity of
who is to be notified, how to most efficiently reach them, and secondary
communication effort instructions that should be used if the first contact is
unreachable. Additionally, the VRP will contain information about the vessel’s
chosen insurance company.

A recent article from The United States Coast Guard also points out that VRPs are
not limited to oil spills. “It is important to understand that although hazardous
conditions, such as an engine casualty, grounding, fire, or flooding, may not
directly result in a discharge, plan activation is still required because, if left
unresolved, they could result in a discharge.”

Who Needs One?

Not all vessels are required to have a VRP, but regardless of requirements, it’s a
useful document to have on board in the chance a spill occurs. That way, your
crew has a step-by-step guide that will help them handle the emergency safely
and efficiently. The contents of your VRP will differ depending on what type of
vessel you operate, the size of the vessel, and how much oil is on board.

The United States Coast Guard identifies ships that need VRPs as tank vessels
on which that are “carrying groups I through IV petroleum oil as a primary cargo,”
and non-tank vessels that are “carrying groups I through IV petroleum oil as fuel
or cargo.” The Coast Guard has to review and approve your VRP before you can
legally operate.
It is noteworthy that one VRP for a company’s operation may not be sufficient.
VRPs are contingent on the specific location a vessel is operating in. These
documents are Coast Guard approved, so deviating from what OSRO/Salvors are
listed is not an option, even if closer resources are nearby. If the vessel is
operating in different areas/regions, separate VRPs may be beneficial.

What to do in the Event of an Oil Spill?

Most oil spills have one thing in common — the majority of damage occurs within
60 minutes of the accident. Injuries, fatalities, and environmental impact can be
heightened if the right steps aren’t taken during this time.

In the event of a spill, the most important thing to remember is that safety of the
crew is the top priority. Once it’s been established that everyone on board is safe
and accounted for, and out of the unknown hot zone, then it’s time to follow up
with the established VRP.

Activate your vessel response plan and adhere to it as closely as possible, while
always keeping safety concerns at the forefront of your mind. Next, you need to
identify the unknown hot zone area. There should be someone qualified on board
to do that, but if there isn’t, you need to contact a qualified oil spill removal
organization company to designate the unknown hot zone area.

The article from the United States Coast Guard notes the importance of reaction
time: “The master’s accurate situation assessment is critical to initiating an
effective response. On occasion, we see reluctance from vessel masters to make
the sometimes-difficult decision to activate a VRP because they want more time to
troubleshoot the problem. However, quick and proper activation of a VRP will cost
less in the end.”

Refer to your vessel response plan to find out who is to be notified in the event of
a spill — which agencies, both federal and local, insurance companies, etc — and
do so immediately. The quicker you can contact those who will help in the cleanup
and claims-handling process, the faster you can mobilize necessary resources. If
you’re able to reach the necessary powers to begin spill cleanup, you can
potentially limit some of the damage — helping both the environment and the
vessel’s potential damage liability.

How Will an Insurance Company Help You?

Choosing an experienced insurance company you trust is paramount in the event
of an oil spill. When you look for an insurance company to help execute your VRP,
you need to seek out a partner, not just a business. A top-notch company will
serve as your guide every step of the way through the cleanup and claims
process — you don’t want a company who is simply reacting after the fact. A
qualified insurance company maintains a vast emergency spill response network
that can reach the scene of an emergency quickly and help to minimize damage.
They’ll also help to lessen your liability if a spill does occur.

Regardless of whether your vessel is legally required to have a VRP, it’s in your
best interest to create and maintain one. When compiling your vessel response
plan, turn to an insurance company that will support you throughout the process,
so that in the event of a spill you know you have someone with your best interest
in mind.

7B) Human Error

The Human Element

1. A consistently occurring factor throughout almost all accidents, incidents and
errors is the human element – people’s ability and capability to deal effectively and safely
with the complexity, difficulty, pressures and workload of their daily tasks, not only in
emergency situations but also during routine operations.
2. The majority of these accidents, incidents and errors are potentially avoidable if
peoples’ understanding, actions and behaviour were different. This not only applies to
seafarers (where the accidents usually occur) but also to people at all levels and positions
within the overall wider maritime system, including ship owners, operators and managers
and other shipping and maritime industry leaders whose actions can have a major
influence on outcomes far removed in place and time.
Twelve Top People Related Factors – the Deadly Dozen
1. This Note provides a summary of twelve of the most common people related factors
along with tips and learning points which, if managed effectively have the potential to
avoid and avert accidents, and make a dramatic improvement to maritime safety.
2. They are the twelve most common conditions that can influence or act as pre-cursers
to human error, leading to accidents or incidents. It is not a comprehensive list of accident
and incident pre-cursers, indeed, there are several hundred possible pre-cursers.
However, experience shows that the Deadly Dozen provides a useful and pragmatic
introduction to understanding aspects of human error in organisations and workplaces
and ship owners, ship operators and managers, masters, officers and crews are
encouraged to become familiar with its principles and practices.
JULY 2017

1b) b) State the Salient features of the Contract of Afreightment and how does it differ from the Contract of
Carriage?- Already done

Q.2 Part XII of the Merchant Shipping Act, 1958 deals with investigation and inquiry, in this context, write
short notes on three of the following:
i) Shipping Casualties ii) Preliminary inquiry and formal investigation
iii) Inquiry into charges of incompetency or misconduct iv) Marine Board

ans)- Already done

Q.3 a) Define Wreck as per the provision of Merchant Shipping Act, 1958. State the duties of receiver of
wrecks and your responsibility towards him.
b) What is the duty of master under Nairobi Wreck Removal Convention?
c) Briefly describe the limitation of liability for the ship owner under the provision of CLC / BUNKER and Wreck
Removal Convention.
A) "WRECK" includes the following when found in the sea or in tidal water or on
the
shores thereof-
(a) goods which have been cast into the sea and then sink and remain
under water;
(b) goods which have been cast or fall into the sea and remain floating on
the surface;
(c) goods which are sunk in the sea, but are attached to a floating object in
order that they may be found again;
(d) goods which are thrown away or abandoned; and
(e) a vessel abandoned without hope or intention of recovery;
SECTION 391.RECEIVERS OF WRECK.-
(1) The Central Government may, by notification in the Official Gazette,
appoint any person t be a receiver of wreck (in this Part referred to as receiver
of wreck) to receive and take possession of wreck and to perform such duties
connected therewith as are hereinafter mentioned, within such local limits as
may be specified in the notification.
(2) A receiver of wreck may, by order in writing, direct that all or any of this
functions under this Part shall, in such circumstances and subject to such
conditions, if an by as maybe specified in the order, discharged by such person
as maybe specified therein and any person while discharge any such functions
shall be deemed to be a received or wreck for the purposes of this Act.
Section 392 DUTY OF RECEIVER WHERE VESSEL IS IN DISTRESS.-
Where any vessel is wrecked, stranded or in distress at any place on or near
the coasts of India, the receiver of wreck, within the limits of whose jurisdiction
the place is situation shall upon being under acquainted with the circumstance,
forthwith proceed there, and upon his arrival shall take command of all persons
present and shall assign such duties and give such directs to each person as he
thinks fit for the preservation of the vessel abed of the lives of the persons
belonging to the vessel and of its cargo and equipment: Provided that the
receiver shall not interfere between the master and the crew of the vessel in
reference to the management thereof unless he is requested to do so by the
master.
Section 393.POWER TO PASS OVER ADJOINING LANDS.-
(1) Whenever a vessel is wrecked, stranded or in distress as aforesaid, all
persons any, for the purpose of rending assistance to the vessel or of saving
thevessel, unless there is some public read equally convenient, pass and repass,
either with or without vehicles or animals, over any adjoining lands without
being subject you instruction by the owner occupier, so that they do as little
damage as possible and may also on the like condition, deposit on these lands
any cargo or other article recovered from the ship.
(2) Any damage sustained by an owner or occupier in consequence of the
exercise of the rights given by this section, shall be a charge on the vessel.
Cargo or articles in respect of by which the damage shall in case of dispute, be
determined by magistrate on application made to him in this behalf.
SECTION 394.POWER OF RECEIVER OF WRECK TO SUPPRESS PLUNDER
AND DISORDERBY FORCE.-
Whenever a vessel is wrecked, stranded or in distress as aforesaid, and any
person plunders, creates or obstructs the preservation of the vessel or of the
wrecked persons or of the cargo equipment of the vessel, the receiver of wreck
may take such steps and use such force as he, any cops order necessary for the
suppression of any such plundering, disorder or obstruction, and my for that
purpose command any person to assist him.
SECTION 395.PROCEDURE TO BE OBSERVED BY PERSONS FINDING
WRECK.-Any person finding and taking possession of any wreck within any local
limits for which there is a receiver of wreck, or bringing within such limits any
wreck which has been found and taken possession of elsewhere, shall, as soon
as practicable-
(a) if he be the owner thereof, give the receiver of wreck notice in writing of
the finding thereof and of the marks by which such wreck is distinguished;
(b) if he be not the owner of such wreck, deliver the same to the receiver of
wreck.
SECTION 396.INVESTIGATION OF CERTAIN MATTERS IN RESPECT OF
VESSELSWRECKED.-Whenever any vessel is wrecked, stranded or in distressas
aforesaid, the receiver of wreck within the local limits of whosejurisdiction the
vessel is wrecked, standard or in distress may conductan investigation into all or
any of the following matters, that is to say,-
(a) the name and description of the vessel;
(b) the names of the master and of the owners;
(c) the names of the owners of the cargo;
(d) the ports from and to which the vessel was bound;
(e) the occasion of the wrecking, standing, or distress of the vessel;
(f) the services rendered; and
(g) such other matters or circumstances relating to the vessel. The cargo or
the equipment, as the receiver thinks necessary.
SECTION 397.NOTICE TO BE GIVEN BY RECEIVER.-The receiver of wreck
shall as soon as may be after taking possession of any wreck, publish a
 notification in such manner and at such place as the Central Government may,
by general or special order, direct, containing a description of the wreck and the
time at which and the place where it was found.
SECTION 398.IMMEDIATE SALE OF WRECK BY RECEIVER IN CERTAIN
CASES.-
A receiver of wreck may at any time sell any wreck in his custody if, in
his opinion,-
(a) it is under the value of five hundred rupees; or
(b) it is so much damaged or of so perishable a nature that it cannot
with advantage be kept; or
(c) it is not of sufficient value for warehousing;and the proceeds of the sale
shall, after defraying the expenses thereof, be held by the receiver for the same
purposes and subject to the same claims, rights and liabilities as if the wrack
had remained unsold

B) Duties of master
1. A State Party shall require the master and the operator of a ship flying its flag to report to the Affected State
without delay when that ship has been involved in a maritime casualty resulting in a wreck. To the extent that
the reporting obligation under this article has been fulfilled either by the master or the operator of the ship,
the other shall not be obliged to report.
2.Such reports shall provide the name and the principal place of business of the registered owner and all the
relevant information necessary for the Affected State to determine whether the wreck poses a hazard in
accordance with article 6, including: (
a) the precise location of the wreck;
(b) the type, size and construction of the wreck;
(c) the nature of the damage to, and the condition of, the wreck;
(d) the nature and quantity of the cargo, in particular any hazardous and noxious substances;
(e) the amount and types of oil, including bunker oil and lubricating oil, on board.
C) already done clc/ fund

Q.4 a) State the factors that influence the maneuvering characteristics of a large size ship (oil tanker VLCC full
laden).
b) With the help of suitable sketches, show the emergency stop parameters.
c) Briefly describe the uses of these maneuvering capability in berthing and STS operations.

4a) SHIP FACTORS THAT AFFECT MANOEUVRING

Handling characteristics will vary from ship type to ship type and
from ship to ship. Handling qualities are determined by
ship design, which in turn depends on the ship’s intended
function.Typically, design ratios, such as a ship’s length to its
beam, determine its willingness to turn. However, desirable handling
qualities are achieved only when there is a balance
between directional stability and directional instability.
Underwater hull geometry
Length to beam (L/B), beam to draught (B/T), block coefficient,
prismatic coefficient (ratios of the ship’s volume of
displacement against the volume of a rectangular block or a prism)
and location of longitudinal centre of buoyancy, all
give an indication of how a ship will handle.
High values of L/B are associated with good course directional
stability. Container ships are likely to have a L/B ratio of
approximately 8, while harbour tugs, which need to be able to turn
quickly and where course stability is not required,
have a value of 2.5 to 3.
High values of B/T increase leeway and the tendency for a ship in a
beam wind to ‘skate across the sea surface’. A B/T ratio of over 4 is
large. Most merchant ships have a B/T ratio in the range of 2.75 to
3.75.A 22-metre fast motor yacht will have a B/T ratio of about
5.75.
Ships with large block and prismatic coefficients have poor course
stability and a readiness to turn.When turning, they will do so easily.
Large tankers have these characteristics. Ships with a large
protruding bulbous bow are likely to have their longitudinal centre of
buoyancy far forward. As a result, the ship will show a tendency to
turn.
The pivot point
A ship rotates about a point situated along its length, called the
‘pivot point’. When a force is applied to a ship, which has the result
of causing the ship to turn (e.g. the rudder), the ship will turn
around a vertical axis which is conveniently referred to as the pivot
point. The position of the pivot point depends on a number of
influences. With headway, the pivot point lies between 1/4 and 1/3
of the ship’s length from the bow, and with sternway, it lies a
corresponding distance from the stern. In the case of a ship without
headway through the water but turning, its position will depend on
the magnitude and position of the applied force(s), whether resulting
from the rudder, thrusters, tug, wind or other influence. The pivot
point traces the path that the ship follows.
Lateral motion
Ships move laterally when turning because the pivot point is not
located at the ship’s centre.When moving forward and turning to
starboard, the ship’s lateral movement is to port. When moving
astern and turning to starboard, lateral movement is to starboard.
It is important to understand where the pivot point lies and how
lateral movement can cause sideways drift, knowledge which is
essential when manoeuvring close to hazards.
Propeller and rudder
The rudder acts as a hydrofoil. By itself, it is a passive instrument
and relies on water passing over it to give it ‘lift’. Rudders are placed
at the stern of a ship for this reason and to take advantage of the
forward pivot point, which enhances the effect.Water flow is provided
by the ship passing through the water and by the propeller forcing
water over the rudder in the process of driving the ship. The
optimum steerage force is provided by water flow generated by a
turning propeller.Water flow is vital in maintaining control of the
ship. While water flow provided by the ship’s motion alone can be
effective, the effect will diminish as speed is reduced. Obstacles that
deflect flow, such as a stopped propeller in front of the rudder,
particularly when the propeller is large, can reduce rudder
effectiveness. Reduced or disturbed flow will result in a poor
response to rudder movements. Conventional rudders are described
as ‘balanced’; part of the rudder area is forward of the pintles to help
the rudder turn and to ease the load on the steering motor. This
arrangement provides for better hydrodynamic loading. A flap
(Becker rudder) can be fitted to the rudder’s trailing edge. The flap
works to increase the effective camber of the rudder and to increase
lift. Rudders can be defined by what is known as the ‘rudder area
ratio’, which is a ratio of the surface area of the rudder divided by
the ship’s length and draught. The rudder area ratio gives an
indication of the likely effectiveness of a rudder. Merchant ship ratios
range from 0.016 to 0.035. The larger the ratio, the greater the
effect the rudder will have.
Thrust vectoring devices
Thrust vectoring devices are fitted as an alternative to a rudder.
They operate under the principle that a rudder is effective
because it deflects the propeller slipstream, which initiates a turn
and maintains a state of balance once the turn is established.
Consequently, manoeuvrability is enhanced when all the thrust from
a propeller is vectored. Azimuthing ducted thrusters, cycloidal
thrusters and pump jets all operate by directing thrust to initiate and
to maintain the turn. Podded propulsors are devices where the prime
mover is an electric motor, encased in an underwater streamlined
pod, which connects directly to a propeller. Pods are fitted to the
outside of a hull. They can be azimuthing or fixed. Propellers
attached to them can push or pull. A propulsion pod acts as both
propeller and rudder.
Bow thrusters and their use
Lateral thrusters can be fitted in the bow or the stern. Lateral
thrusters are most effective when a ship has neither headway nor
sternway. They create a turning effect by providing a side force at
their location. Their effectiveness will depend upon the distance
between the thruster and ship’s pivot point. When berthing a ship
that has a single bow thruster, and no stern thruster, it is important
not to become too focused on the bow, because this can be
controlled with the thruster. Plan to get the stern alongside as a
priority. Remember that pure rotation can only be induced by two
lateral thrusters, one forward and one aft, opposing each other,
and that a tug may be needed to control the stern of a large ship.
Bow thrusters are used when it is required to ‘breast’ on to or off a
berth or to move the ship’s head from a jetty. Modern ships fitted
with a bow thruster will often berth without tug assistance. However,
a bow thruster will lose its effectiveness as a ship’s speed increases.
Depending on the hull and thrust tunnel design, thrust effectiveness
can be lost at between 2 and 5 knots. The reason for this is the
merging of the slipstream from the thruster with the general flow
around a forward moving hull. When speed increases above two
knots, local loss of pressure over the hull, downstream from the
thruster, creates a turning moment opposite to the moment
produced by the thruster. The thruster may become ineffective.
Thrusting when stopped – When stopped and thrusting, a ship’s
pivot point is likely to be aft. If a bow thruster is put to starboard on
a stopped ship, the ship will turn to starboard.
Thrusting with headway – The pivot point will be forward, so
thrusting will not be very effective, especially at high speeds.
Thrusting with sternway – The pivot point is aft and when the
bow thruster is put to starboard, the ship’s bow will swing to
starboard. The thruster will be effective, and will act as a form of
‘rudder’.
Rudder response
The time it takes for the rudder to respond to a helm order will
determine how rapidly a ship gets into a turn. The quicker
the rudder responds, the sooner the ship will begin to turn.
Single rudders and twin screw ships
Manoeuvring characteristics at low speeds will generally be poor on
twin screw ships fitted with a single centre line rudder. This is
because the single centre line rudder may have to be moved to large
angles before any part of it becomes immersed in the slipstream of
one of the propellers. When not immersed, the lift produced by the
rudder at low speeds will be very small, resulting in large turning
circles and poor response to helm.
Transverse thrust
Transverse thrust is the tendency for a forward or astern running
propeller to move the stern to starboard or port.Transverse thrust is
caused by interaction between the hull, propeller and rudder. The
effect of transverse thrust is a slight tendency for the bow to swing
to port on a ship with a right-handed propeller turning ahead.
Transverse thrust is more pronounced when propellers are moving
astern. When moving astern, transverse thrust is caused by water
passing through the astern-moving propeller creating high pressure
on the starboard quarter of the hull, which produces a force that
pushes the ship’s stern to port. Rudder angle can influence the
magnitude of this force. Masters should be aware of the variable
effect of transverse thrust. As water flow over a ship’s hull changes,
so does transverse thrust. The difference is most noticeable in
shallow water. For example, a ship that turns to starboard in deep
water may well turn to port in shallow water. Also, the magnitude of
the force will change and, by implication, there will be a range of
water depths for which the bias may be difficult to predict,
something that is especially true when a ship is stopping in water of
reducing depth. Transverse thrust is often used to help bring the
ship’s stern alongside during berthing. When a propeller is put astern
on a ship moving forward at speed, the initial effect of transverse
thrust is slight. However, as the ship’s forward motion decreases,
the effect of transverse thrust increases. It is essential for a master to
understand just how much effect transverse thrust has on his particular ship.
Approach speed
Many berthing accidents occur because the speed of approach is too high. The
master should advise the pilot of the ship’s stopping distance and general
manoeuvring characteristics, giving particular emphasis to speed, corresponding
engine revolutions and to the critical range.When close to a dock, speed should be
the minimum necessary to maintain control. Control while slowing It can be difficult
to reduce speed and maintain control. This is because reduction in propeller speed
reduces water flow over the rudder and the rudder becomes less effective. The
normal procedure for stopping is to put engines astern. However, when a propeller
rotates astern, water flow over the rudder is broken and the ship will be less
responsive to helm. In addition, there is the disruptive effect of transverse thrust.
For this reason, it is essential to plan a stop by reducing speed in good time. Also, it
should be appreciated that putting engines to full astern during an emergency could
result in a loss of steerage.
Kick ahead
The ‘kick ahead’ is used when a ship is moving forward at very slow speed due to
minimal water flow over the rudder and the ship is not responding to helm. It is also
used to initiate a turn. Engines are put ahead for a short burst with the objective of
increasing water flow over the rudder, but without increasing the ship’s speed.
Engine power is reduced before the ship’s longitudinal inertia is overcome and she
begins to accelerate. When using the ‘kick ahead’, it should be borne in mind that
prolonged and frequent kicks ahead will increase the ship’s speed.Apply full rudder
to provide maximum steering force.Anything less than hard over during turning will
allow a greater proportion of the power to drive the ship ahead. It is important to
reduce engine power before reducing helm.

4B) 4 Stopping Ability

4.1 Definitions
Stopping ability is measured by the “track reach” and “head reach” realized in a stop
engine-full astern maneuver performed after a steady approach at the test speed
until ahead speed in ship coordinates changes sign (i.e., vessel starts going
backward).
• Track Reach is defined as a distance along the vessel’s track that the vessel covers
from the moment that the “full astern” command is given until ahead speed
changes sign. See Section 2, Figure 4.
• Head Reach is defined as a distance along the direction of the course at the
moment when the “full astern” command was given. The distance is measured from
the moment when the “full astern” command is given until the vessel is stopped
dead in the water. See Section 2, Figure 4.
4.2 Track Reach Criterion
The stopping ability of the vessel is judged using a full astern crash stop maneuver.
Based on IMO requirements [IMO, 2002a], the track reach (see Section 2, Figure 4)
should generally not exceed 15 ship lengths (measured along the path).
However, in the case of low-powered large displacement vessels, this value may be
modified, but in no case should exceed 20 ship lengths, subject to special
consideration and approval by ABS. Determination of whether a vessel falls into the
category of “low powered large displacement vessels” also will be done by ABS.
4.3 Head Reach Criterion
Head reach criterion in a form of rating is based on statistics of sea trials [Barr, et al
1981].
Stopping ability rating only if:
TR < 20L only for low-powered large displacement vessel
TR < 15L in all other cases..................................................................(2.14)
where
TR = track reach, in meters, as defined in 2/4.1 (see Section 2, Figure 4)
L = vessel length, in meters
4c)- explanation of above
Q.5 a) Define piracy under the article 101 of UNCLOS 1982.
 b) Define stowaway and describe the relevant provisions in section 205 of Merchant shipping act 1958 and
IMO resolution 871 (20) which provide the duties of master in the event of detecting and successful
resolution of stowaways on board.
c) Describe the function of IMO’s “Stowaway focal point”.

5A) Defining Piracy

Article 101 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) determines that Piracy
consists of any of the following acts:

(a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or
the passengers of a private ship or a private aircraft, and directed:
(i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or
aircraft;
(ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;
(b) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it
a pirate ship or aircraft;
(c) any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b).

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

Defines Stowaways and seamen carried under compulsion as:-
1) No person shall secrete himself and go to sea in a ship without the
consent of either the owner, agent or master or of a mate, or of the
person in charge of the ship or of any other person entitled to give that
consent.
2) Every seafaring person to whom the master of a ship is under the
authority of this Act or any other law compelled to take on board and
convey and every person who goes to sea in a ship without such
consent as aforesaid shall, so long as he remains in the ship, be subject
to the same laws and regulations for preserving discipline and to the
same fine, and punishments for offences constituting or tending to a
breach of discipline as if he were a member of, and has signed the
agreement with the crew.
3) The master of any Indian ship arriving at any port or place in or outside
India and the master of any ship other than an Indian ship arriving at
any port or place in India shall, if any person has gone to sea on that
ship without the consent referred to in sub-section (1), report the fact in
writing to the proper officer as soon as may be after the arrival of the
ship.
DEFINITION AS PER RESOLUTION NO. 871(20)
―Stowawayǁ . A person who is secreted on a ship, or in cargo which is
subsequently loaded on the ship, without the consent of the shipowner or the
master or any other responsible person and who is detected on board the ship
after it has departed from a port, or in the cargo while unloading it in the port of
arrival, and is reported as a stowaway by the master to the appropriate
 authorities.
―Attempted stowawayǁ . A person who is secreted on a ship, or in cargo which
is subsequently loaded on the ship,without the consent of the shipowner or the
master or any other responsible person, and who is detected on board the ship
before it has departed from the port.

Responsibilities in relation to the resolution of stowaway cases - Questioning and notification

by the master (FAL 11/37)
It is the responsibility of the master of the ship which finds any stowaways on board:
1. to make every effort to determine immediately the port of embarkation of the stowaway;
2. to make every effort to establish the identity, including the nationality / citizenship and
the right of residence of the stowaway;
3. to prepare a statement containing all available information relevant to the stowaway for
presentation to the appropriate authorities (for example, the public authorities at the
port of embarkation, the flag State and any subsequent ports of call if relevant) and the
ship-owner. In this respect the reporting form provided in the Appendix should be used
and completed as far as practicable;
4. to notify the existence of a stowaway and any relevant details to the ship-owner and
appropriate authorities at the port of embarkation, the next port of call and the flag
State; with the understanding that when a stowaway declares himself/herself to be a
refugee, this information should be treated as confidential to the extent necessary for
the security of the stowaway;
5. not to depart from the planned voyage to seek the disembarkation of a stowaway
discovered on board the ship after it has left the territorial waters of the State where the
stowaways embarked unless permission to disembark the stowaway has been granted
by the public authorities of the State to whose port the ship deviates, or repatriation has
been arranged elsewhere with sufficient documentation and permission given for
disembarkation, or unless there are extenuating safety, security, health or
compassionate reasons;
6. to ensure that the stowaway is presented to the appropriate authorities at the next port of
call in accordance with their requirements;
7. to take appropriate measures to ensure the security, general health, welfare and safety
of the stowaway until disembarkation, including providing him/her with adequate
provisioning, accommodation, proper medical attention and sanitary facilities;
8. to ensure that stowaways are not made to work on board the ship, except in emergency
situations or in relation to the stowaway's accommodation on board; and
9. To ensure that stowaways are treated humanely, consistent with the basic principles.
The State of the first port of call according to the voyage plan
It is the responsibility of the State of first port of call according to the voyage plan after the
discovery of the stowaway:
to accept the stowaway for examination in accordance with the national laws of that State and, where the
competent national authority considers that it would facilitate matters, to allow the ship-owner and the
competent or appointed P&I Club correspondent to have access to the stowaway; to favourably consider
allowing disembarkation and provide, as necessary and in accordance with national law, secure
accommodation which may be at the expense of the ship-owner, where:
1. a case is unresolved at the time of sailing of the ship, or
2. the stowaway is in possession of valid documents for return and the public authorities
are satisfied that timely arrangements have been or will be made for repatriation and all
the requisites for transit fulfilled, or
3. other factors make it impractical to remove the stowaway on the ship of arrival; such
factors may include but are not limited to cases where a stowaway's presence on board
would endanger the safe and secure operation of the ship, the health of the crew or the
stowaway;
4. to make every effort to cooperate in the identification of the stowaway and the
establishment of his/her nationality/citizenship or right of residence;
5. to make every effort to cooperate in establishing the validity and authenticity of a
stowaway's documents and, when a stowaway has inadequate documents, to whenever
practicable and to an extent compatible with national legislation and security requirements, issue a covering
letter with a photograph of the stowaway and any other important information. The letter, authorizing the
return of the stowaway either to his/her State of origin or to the point where the stowaway commenced
his/her journey, as appropriate, by any means of transportation and
6. Specifying any other conditions imposed by the authorities, should be handed over to
the operator effecting the removal of the stowaway. This letter will include information
required by the authorities at transit points and/or the point of disembarkation;
7. to give directions for the removal of the stowaway to the port of embarkation, State of
nationality/citizenship or right of residence or to some other State to which lawful
directions may be made, in cooperation with the ship-owner;
8. To inform the ship-owner on whose ship the stowaway was found, as far as practicable,
of the level of cost of detention and return of the stowaway, if the ship-owner is to
cover these costs. In addition, public authorities should keep such costs to a minimum,
as far as practicable, and according to national legislation, if they are to be covered by
the ship-owner, as well as keeping to a minimum the period during which ship-owners
are held liable to defray costs of maintenance of a stowaway by public authorities;
9. to consider mitigation of charges that might otherwise be applicable when ship-owners
have cooperated with the control authorities to the satisfaction of those authorities in
measures designed to prevent the transportation of stowaways; or where the master has
properly declared the existence of a stowaway to the appropriate authorities in the port
of arrival, and has shown that all reasonable preventive measures had been taken to
prevent stowaways gaining access to the ship;
10. to issue, if necessary, in the event that the stowaway has no identification and/or travel
documents, a document attesting to the circumstances of embarkation and arrival to
facilitate the return of the stowaway either to his/her State of origin, to the State of the
port of embarkation, or to any other State to which lawful directions can be made, by
any means of transport;
11. to provide the document to the transport operator effecting the removal of the
stowaway;
12. to take proper account of the interests of, and implications for, the ship-owner when
directing detention and setting removal directions, so far as is consistent with the maintenance of control,
their duties or obligations
13. to the stowaway under the law, and the cost to public funds;
14. to report incidents of stowaways to the Organization3;
15. to cooperate with flag State of the ship in identifying the stowaway and their
nationality/citizenship and right of residence, to assist in removal of the stowaway from
the ship, and to make arrangements for removal or repatriation; and
16. If disembarkation is refused, to notify the flag State of the ship the reasons for refusing
disembarkation. to prepare a statement containing all available information relevant to the stowaway for
presentation to the appropriate authorities (for example, the public authorities at the port of embarkation, the
flag State and any subsequent ports of call if relevant) and the ship-owner.
In this respect the reporting form provided in the Appendix should be used and completed as far as
practicable;
4. to notify the existence of a stowaway and any relevant details to the ship-owner and
appropriate authorities at the port of embarkation, the next port of call and the flag
State; with the understanding that when a stowaway declares himself/herself to be a
refugee, this information should be treated as confidential to the extent necessary for
the security of the stowaway;
5. not to depart from the planned voyage to seek the disembarkation of a stowaway
discovered on board the ship after it has left the territorial waters of the State where the
stowaways embarked unless permission to disembark the stowaway has been granted
by the public authorities of the State to whose port the ship deviates, or repatriation has
been arranged elsewhere with sufficient documentation and permission given for
disembarkation, or unless there are extenuating safety, security, health or
compassionate reasons;
6. to ensure that the stowaway is presented to the appropriate authorities at the next port of
call in accordance with their requirements;
7. to take appropriate measures to ensure the security, general health, welfare and safety
of the stowaway until disembarkation, including providing him/her with adequate
provisioning, accommodation, proper medical attention and sanitary facilities;
8. to ensure that stowaways are not made to work on board the ship, except in emergency
situations or in relation to the stowaway's accommodation on board; and
9. To ensure that stowaways are treated humanely, consistent with the basic principles.
The State of the first port of call according to the voyage plan
It is the responsibility of the State of first port of call according to the voyage plan after the
discovery of the stowaway: to accept the stowaway for examination in accordance with the national laws of
that State and, where the competent national authority considers that it would facilitate matters, to allow the
ship-owner and the competent or appointed P&I Club correspondent to have access to the stowaway; to
favourably consider allowing disembarkation and provide, as necessary and in accordance with national
law, secure accommodation which may be at the expense of the ship-owner, where:
1. a case is unresolved at the time of sailing of the ship, or
2. the stowaway is in possession of valid documents for return and the public authorities
are satisfied that timely arrangements have been or will be made for repatriation and all
the requisites for transit fulfilled, or
3. other factors make it impractical to remove the stowaway on the ship of arrival; such
factors may include but are not limited to cases where a stowaway's presence on board
would endanger the safe and secure operation of the ship, the health of the crew or the
stowaway;
4. to make every effort to cooperate in the identification of the stowaway and the
establishment of his/her nationality/citizenship or right of residence;
5. to make every effort to cooperate in establishing the validity and authenticity of a
stowaway's documents and, when a stowaway has inadequate documents, to whenever
practicable and to an extent compatible with national legislation and security
requirements, issue a covering letter with a photograph of the stowaway and any other
important information. The letter, authorizing the return of the stowaway either to
his/her State of origin or to the point where the stowaway commenced his/her journey,
as appropriate, by any means of transportation and
6. Specifying any other conditions imposed by the authorities, should be handed over to
the operator effecting the removal of the stowaway. This letter will include information
required by the authorities at transit points and/or the point of disembarkation;
7. to give directions for the removal of the stowaway to the port of embarkation, State of
nationality/citizenship or right of residence or to some other State to which lawful
directions may be made, in cooperation with the ship-owner;
8. To inform the ship-owner on whose ship the stowaway was found, as far as practicable,
of the level of cost of detention and return of the stowaway, if the ship-owner is to
cover these costs. In addition, public authorities should keep such costs to a minimum,
as far as practicable, and according to national legislation, if they are to be covered by
the ship-owner, as well as keeping to a minimum the period during which ship-owners
are held liable to defray costs of maintenance of a stowaway by public authorities;
9. to consider mitigation of charges that might otherwise be applicable when ship-owners
have cooperated with the control authorities to the satisfaction of those authorities in
measures designed to prevent the transportation of stowaways; or where the master has
properly declared the existence of a stowaway to the appropriate authorities in the port
of arrival, and has shown that all reasonable preventive measures had been taken to
prevent stowaways gaining access to the ship;
10. to issue, if necessary, in the event that the stowaway has no identification and/or travel
documents, a document attesting to the circumstances of embarkation and arrival to
facilitate the return of the stowaway either to his/her State of origin, to the State of the
port of embarkation, or to any other State to which lawful directions can be made, by
any means of transport;
11. to provide the document to the transport operator effecting the removal of the
stowaway;
12. to take proper account of the interests of, and implications for, the ship-owner when
directing detention and setting removal directions, so far as is consistent with the
maintenance of control, their duties or obligations
13. to the stowaway under the law, and the cost to public funds;
14. to report incidents of stowaways to the Organization3;
15. to cooperate with flag State of the ship in identifying the stowaway and their
nationality/citizenship and right of residence, to assist in removal of the stowaway from
the ship, and to make arrangements for removal or repatriation; and
16. If disembarkation is refused, to notify the flag State of the ship the reasons for refusing
disembarkation.

5c) IMO STOWAWAY FOCAL POINT

In March 2007 at the IMO Facilitation Committee’s 34th session (Fal 34) a joint paper was presented by
Intercargo and Intertanko. They proposed that the IMO set up an "IMO Focal Point" (SFP) for a trial period
of one year, the purpose of which would be to provide assistance through diplomatic channels to facilitate
communications between Governments to achieve the disembarkation of stowaways in circumstances where
the usual procedures have not been efective.
 As a result of the presentation the IMO has now established a SFP for a trial period, which will provide a
point of contact for such assistance. There are specific terms of reference for the trial period, including the
following:-
1. Requests for assistance - Member States, international organisations and non-governmental organisations
may seek the assistance of the SFP, but the consent of the flag state of the vessel will be required where the
requests are made by international organisations and non-governmental organisations. In this respect the
IMO have indicated to the Managers that owners and P&I Clubs are not precluded from contacting the SFP
directly, subject always to the requirement to obtain flag state approval. Requests for assistance should be
kept to a minimum and should be only be made when the circumstances of a particular case are such that
such a request is warranted, for example, when the parties concerned have been unable to resolve the issue
with the means available to them. The assistance provided by the IMO will be discretionary and will be
dependant on the priority of other work assigned to the SFP at the time
2. The IMO SFP will be sent the information required in accordance with IMO Resolution A.871 (20) dated
1997.
3. The IMO assumes no responsibility.
4. The SFP will operate 0900 - 1730 on IMO working days only, and availability will depend upon other
duties assigned to the responsible official.
The IMO SFP contact is Graham Mapplebeck who can be contacted on telephone no. +44 (0) 207 587 3110
or by e-mail at: falsec@imo.org
Members are reminded that the United Nations High Commission for Refugees (UNHCR) is also able to
assist in matters where the stowaway/stowaways are claiming refugee status. Their contact number is +41
22 739 8111.
As usual, Members who have cover in respect of stowaways should in the first instance contact the
Managers as soon as possible in the event of a stowaway incident.

Q.6 a) Outline the objectives of port state control. State the provisions of the IMO conventions applicable for this
inspection.---- already done
b) The casualty code has entered into force internationally with effect from 1 st July 2010, state the salient features of
this code.--- already done

Q.7 a) Discuss how as a Master you would comply with the following ISM code clauses which the stress the
concept of
“Learning from past mistakes”
i) Clause 9 on “Accidents, hazard of occurrences reporting” ii) Clause 12 on “Internal audits”
iii) Clause 1.2 on “contingency seek to improve safety management skills of shore and ship’s personnel” (20
marks)---- SELF EXPLANATORY
iv) Write short notes on Navigation in Ice, through leads and lanes, related to weather forecast. (10 marks)—Already
Done
MAY 2017
1b) DEMURRAGE and Despatch

Demurrage clause

Voyage charter party will usually incorporate clauses covering the basic
provisions for loading and discharging costs .

If cargo operations onboard a general purpose dry cargo vessel are

completed after expiry of the laytime, there is a breach of contract for which
the charterers would be technically liable for damages. Owners and
charterers will often find themselves in this situation, and to avoid the
expense and unpleasantness of legal proceedings, liquidated damages,
termed demurrage, normally become payable by the charterers to the
owners for each day, or part of a day, that the ship is detained beyond the
time of expiry of laytime.

Demurrage is defined in the Voyage Charter Party Laytime Interpretation

Rules 1993 as “an agreed amount payable to the owners in respect of delay
to the vessel beyond the laytime, for which the owners are not responsible.
Demurrage shall not be subject to laytime exceptions.”

Demurrage will only be payable if provided for in a clause in the charter

party, e.g. a Demurrage Clause or Demurrage/Despatch Money Clause. The
demurrage rate, which is normally quoted in US Dollars, will normally be a
daily rate that will at least cover the owners’ costs of keeping the ship in the
port. Demurrage is normally paid per running day, i.e. without exclusion of
any Sundays, holidays, or bad weather, strikes, etc., occurring during the
detention period - hence the well-known expression “once on demurrage,
always on demurrage”.

Some charter parties, e.g. GENCON, provide for a specified maximum

number of days allowed on demurrage, which if exceeded will allow the
shipowner to claim for his actual losses caused by the delay, i.e. damages
for detention, which, if awarded by an arbitrator or court, will normally be
more punitive than demurrage. An owner would have a claim for damages
for detention where, for example, an extended delay in port on one charter
prevented him from taking up a second charter on which his ship had been
fixed on the assumption that she would be available.

Despatch clause

If cargo operations are completed before expiry of the laytime, a monetary

reward, termed despatch or despatch money, is normally payable by the
owners to the charterer.

Despatch money or despatch is defined as an agreed amount payable by

the owners if the vessel completes loading or discharging before the laytime
has expired.

Despatch will only be payable if provided for in a charter party clause (e.g.
a Demurrage/Despatch Money Clause). Some charterparties stipulate “free
dispatch”, meaning that the owners will not pay any dispatch money if time
is saved.

The daily despatch rate, which is normally quoted in US Dollars, is

traditionally half the agreed demurrage rate, the reasoning being that while
early completion of cargo may give the owners an opportunity to complete
the voyage early and fix the vessel on another charter, the charterers may
also benefit from early berthing of the next due vessel.

If despatch is payable for all time saved, the laytime exclusions (for
weather stoppages, etc.) are not taken into account after the completion of
cargo. If despatch is payable only for working time saved, laytime
exclusions must be taken into account.
Reversible Laytime
 Lay time is reversible when the charterers are permitted to aggregate the time
allowed for loading and discharging. This means that any time saved or
exceeded at the load port can be carried forward to the discharge operation.
Depending on the drafting of the relevant clause, the charterers may only
have a limited period of time for deciding whether to reverse. When lay time is
interrupted due to bad weather, a difficulty arises in establishing how the
excepted days and time should be dealt with in the process of crediting unused
time in one operation to excess time used in another. When reversing lay
time, excepted days must not be added to, or subtracted from, the lay time.
This is perhaps best illustrated by way of the following example. Example:
Laytime for loading is five weather working days of 24 consecutive hours.
Sundays are excepted. Lay time commences on a Thursday and the
ship completes loading on Saturday. In the normal course of events, laytime at
the load port would have expired on the Tuesday and so, in theory, the ship, by
being able to depart on the Saturday, has saved three calendar days. However,
three days may not be transferred to the time available to be used at the
discharge port. The days which have been saved at the load port are the
Monday and the Tuesday only. If, on this example, Monday was not a weather
working day then lay time would have expired one day later, on the Wednesday.
That would mean that four calendar days had been saved but, again, only two
days (Tuesday and Wednesday) can be added to the time available at the
discharge port. The process works in the same way in the opposite case, where
time has been exceeded at the load port. Assuming, again, that time allowed at
the load port is five days, if lay time were to commence on Monday, it would
expire on Friday. If loading was not completed until the following Monday, the
excess time of three calendar days would have been used and the vessel would
have been on demurrage for three days. However, if lay time were to be
reversed in this case, only two days would have to be ‘borrowed’ from the time
allowed for discharging. Although averaging and reversing, broadly, have
the same objective, the outcome will be different according to whether the
charterparty allows the charterers to average or to reverse.

To average means to make separate calculations for lading and discharging and any
time saved in one operation can be set off against any excess time used in the other.
The option to average laytime is given to the charterer.

Q2a)- Collision at sea- duties- already done

Q2b)- Purpose of Registry
Q2c) SOLAS CH V- Passage plan- Already done

2b)SHIP REGISTRATION is the process of documenting a ship's given nationality. The nationality of a
ship allows it to travel internationally wherever citizens of that nation are authorized to travel. The registration is
almost like the passport for the ship, itself. Per international agreements, every merchant ship must be registered to
a particular country. The country to which a ship is registered is called its "flag state." A ship is bound by the laws of
its flag state, and one commonly says a ship sails "under the flag" of its country of registration.
Flag State Regulatory Control
A ship's flag state exercises regulatory control over the vessel and is required by international agreements to inspect
the vessel regularly, certify the ship's equipment and crew, and issue safety and environmental protection
documents. The organization that actually registers the ship and certifies it for compliance is known as the "registry."
Registries may be either governmental or private agencies or, as is the case in the United States, a hybrid of the
two. In the United States, pursuant to the Alternative Compliance Program, the government-run registry can assign a
private industry third party to administer inspections.
Traditional Versus Open Registries
Some nations only allow vessels that are owned by companies or persons that are residents of that country. These
registries are known as "traditional" or "national" registries. Other nations, on the other hand, allow companies and
persons from many other countries to register their vessels under that nation's flag. These are known as "open"
registries. Ships registered under open registries are sometimes said to fly under "flags of convenience."
Reason for Registration
Ship registration has been in practice since the beginning of business conducted over the seas. It was originally
used to control ships ferrying cargo among European countries and to ensure that ships were built locally and using
local crews. Today it is used to document ships for ownership in order to provide definitive evidence of nationality for
international treaty purposes. For example, ships flying under certain flags may be allowed into the territorial waters
of a nation while other nations' ships would not be. Also, financing entities may be willing or able to provide funding
opportunities to ships flying under certain flags and not others due to laws allowing or prohibiting financial
transactions with certain nations.
Registration Requirements
Every vessel that wants to travel internationally and cross international borders must be registered. Registration is
not generally required for vessels that only travel locally, but some nations provide registration for these vessels, as
well. Every nation's registration requirements varies. For example, most countries will have different requirements for
vehicles of different sizes, uses, and passenger or cargo occupancy.
Countries that have national, or "closed," registries typically require that a ship must be owned and constructed by
national interests, and at least partially crewed by citizens of that nation. Open registries do not have such
requirements. Indeed, some nations with open registries even offer online registration. Illegally operated vessels
(e.g., pirate ships, drug smuggling vessels, etc.) are usually not registered. Because they lack a flag, many nations'
naval forces are authorized to fire on these vessels, board them, and seize their cargo without provocation.

3A) Difference between GA And PA

3b) CLC AND FUND—Already done
Ans 3a)

Difference between General Average Loss and Particular Average Loss

1. General average is incurred for the benefit of all interests but the
particular average is in connection with any of the interests.

2. General average is always voluntary and intentional but the

particular average is an accidental or fortuitous.
3. General average is shared by all those who are benefited by the
general average act. Particular average is paid by the insurer.

4. General average may include expenditure and sacrifice along with

loss, whereas the particular average results from a loss or damage.

Q4a and b) Turning Circle and effect of various factors on Turning Circle

TURNING CIRCLE :when a vessel is made to turn under a contionous helm through
360 deg it will follow a roughly circular track called turning circle

ADVANCE : It is the distance travelled by ship along original course line when she
alter her course through 360 deg

TRANSFER : It is the distance travelled by the ship measued from original course line
to the point when she alter her couse by90 deg

TACTICAL DIAMETER : It is the distance travelled by the ship measured from original
course line to the point when she alter her course by 180 deg

DRIFT ANGLE : It is the angle between the ship fore and aft line and tangent drawn
to the turning circle

Merchant ships usually turn in a circle having a diameter of about 3–4 times the length
between perpendiculars (LBP). The larger the rudder, the smaller will be the Turning circle
diameter(TCD). During the TCD manoeuvre, the ship will experience transfer, advance, drift
angles and angle of heel.
Advance – Defined by the forward motion of the ship, from the moment that the vessel
commences the turn. It is the distance travelled by the vessel in the direction of the original
course from commencing the turn to completing the turn. It is calibrated between the course
heading when commencing the turn, to when the vessels head has passed through 90°.
Transfer – Defined by that distance which the vessel will move perpendicular to the fore and
aft line from the commencement of the turn. The total transfer experienced during a turn will
be reflected when the ship’s head has moved through a course heading of 180°. The amount
of transfer can be calibrated against the ship’s change of heading and is usually noted at 90°
and 180°.
Tactical diameter – Is defined by the greatest diameter scribed by the vessel from
commencing the turn to completing the turn.
⦁ When the vessel is trimmed by the stern, the tactical diameter of turn is increased
⦁ When the vessel is trimmed by the head, the tactical diameter of turn is decreased
⦁ The vessel with a list will take longer to execute the turn, and when turned into the list, will
develop a larger circle
⦁ The vessel with a right-hand turn propeller, if making a turn to port, will end up with a
smaller diameter than starboard due to the effect of transverse thrust
Final diameter – Is defined as the internal diameter of the turning circle where no allowance
has been made for the decreasing curvature as experienced with the tactical diameter.
Drift angle : it is the angle between the axis of a ship when turning and the tangent to the
path on which it is turning.

The factors affecting turning circle of ships are :

 Draught and trim .
 Distribution and stowage of cargo .
 Even keel or listed
 Rudder angle.
 Available depth of water
 Drift angle and influencing forces.
 Structural Design and length
Q5A and B- Already done
Q6A- Already Done 6b) Self explanatory
Q7A)

Sopep stands for Ship oil pollution emergency plan and as per the MARPOL 73/78 requirement
under Annex I, all ships with 400 GT and above must carry an oil prevention plan as per the norms
and guidelines laid down by International Maritime Organization under MEPC (Marine Environmental
Protection Committee) act.

The Gross tonnage requirement for an oil tanker, according to SOPEP, reduces to 150 GT as oil
itself is a kind of cargo which doubles the risk of oil pollution.

Master of the ship is the overall in charge of the SOPEP, along with the chief officer as subordinate
in charge for implementation of SOPEP on board. SOPEP also describes the plan for the master,
officer and the crew of the ship regarding ways to tackle various oil spill scenarios that can occur on
a ship. For oil tankers, action plan differs according to the cargo handling and cargo tanks containing
huge quantities of oil.

The essential SOPEP requirements for a ship are:

1. The Ship Oil Pollution Emergency Plan must be written following the provisions of regulation 37 of
Annex I of MARPOL

2. The approved plan guides the Master and officers on board the ship concerning the steps to be
taken when an oil pollution incident has occurred or a ship is at risk of one.

3. It is a requirement under MEPC circular no. 256 that the SOPEP contains all the information and
operational instructions related to the emergency procedure and SOPEP equipment provided in the
SOPEP kit.
4. The plan must contain important telephone, telex numbers, names etc., of all the important
contacts to be contacted in the event of an oil pollution

5. A recognised authority has approved the SOPEP, and there are no changes or revisions made
without the prior approval of the Administration.

6. If there are any changes in the plan which is non-mandatory, it generally does not require approval
from the administration. The owner and ship manager must update the appendices about the non-
mandatory changes done in the plan

Contents of SOPEP – Equipment List

SOPEP contains the following things:

 The action plan contains the duty of each crew member at the time of the spill, including
emergency muster and actions.
 SOPEP contains the general information about the ship and the owner of the ship etc.

 Steps and procedure to contain the discharge of oil into the sea using SOPEP equipment

 It contains the inventory of the SOPEP material provided for pollution prevention such as oil
absorbent pads, sawdust bags, booms etc.

 Onboard reporting procedure and requirement in case of an oil spill is described

 Authorities to contact and reporting requirements in case of an oil spill are listed in SOPEP.
Authorities like port state control, oil clean up team etc are to be notified

 Authorities to contact and reporting requirements in case of an oil spill are listed in SOPEP.
Authorities like port state control, oil clean up team etc. are to be notified.

 SOPEP includes drawing of various fuel lines, along with other oil lines on board vessel with
the positioning of vents, save all trays etc.

 The general arrangement of the ship is also listed in SOPEP, which includes the location of
all the oil tanks with capacity, content etc.

 The location of the SOPEP locker and contents of the locker with a list of inventory

 Guidance to keep the records of the pollution incident (for liability, compensation and
insurance purpose)

 Material for Reference from essential organisations (guidelines issued by ICS, OCIMF,
SIGTTO, INTERTANKO, etc.)

 Procedures for testing various plan described in the SOPEP

 Procedure to maintain the record as required by the authorities

 Details of when and how to review the plan

General duties of ship’s crew under SOPEP:
MASTER: He/she is overall in charge of any incident related to the oil spill and should informing the
authorities about it. He/she needs to ensure all crew members are complying with the plan and
records are maintained for the incident

Chief Engineer: He/she will be the in charge of the bunkering operation and will instruct the
subordinates to prepare SOPEP KIT prior to any oil related operation (Sludge transfer, lube oil
bunkering, fuel oil bunkering etc.)

Chief engineer should keep the Master informed and updated on the situation, and the results from
action taken to limit oil outflow.

Chief Officer: He/she will be the in charge of complete deck operation to prevent any oil spill or in
the event of a spill, the Chief officer must keep the master in the loop at all times and update the
situation and action taken to stop or reduce an oil outflow.

Deck Duty Officer: To Assist the chief officer in deck watch and

Alert and inform Chief Officer/ Chief Engineer on any potential oil spill situation.

Duty Engineer: To assist Chief Engineer for any oil transfer operation which includes preparation of
SOPEP material and readiness of firefighting equipment.

Duty Rating(s): To assist and alert the duty officer and engineer for detection of potential oil leakage
and to immediately assist by all possible means to restrict and clean an ongoing spill. He/she should
bring the additional SOPEP material to the location for preventing oil from reaching the ship’s railing.

SOPEP does not only provide details for preventing and fighting an oil spill, but it also acts similar to
any other regulation of SOLAS as it also has the details to save the ship and crew in the event of
mishap such as fire, collision, listing etc. and other related incident related to oil.

7b) Already Done

March 2017

b) Write Short notes on the Following: (any two)

i) OCIMF ii) BIMCO iii) ICS

OCIMF-

Oil Companies International Marine Forum (OCIMF)

The Oil Companies International Marine Forum (OCIMF) is a voluntary association of oil
companies having an interest in the shipment and terminalling of crude oil and oil products.
The aim is to provide expert service and advice on the safe and environmentally responsible
operation of oil tankers and terminals, promoting continuous improvement in standards of
design and operation.
OCIMF was formed at a meeting in London on 8th April 1970. It was initially the oil industry's
response to increasing public awareness of marine pollution, particularly by oil, after the
"Torrey Canyon" incident. Governments had reacted to this incident by debating the
development of international conventions and national legislation and the oil industry sought to play
its part by making its professional expertise available and its views known to
governmental and inter-governmental bodies. OCIMF was incorporated in Bermuda in 1977
and a branch office was established in London primarily to maintain contact with the IMO.
Objectives
The primary objectives of OCIMF are the promotion of safety and prevention of pollution from
tankers and at oil terminals. OCIMF was granted consultative status in 1971 at the IMO. OCIMF is
organised to co-ordinate oil industry views at IMO meetings, to review technical proposals circulated
by IMO and to advise its members on legislative activities as they develop. OCIMF presents its
members' views before individual national governmental
authorities and maintains a close liaison with other industry bodies and associations. An
important contribution to the overall safety of the industry is the role that OCIMF plays in
producing technical and operational guidelines, either by itself or in co-operation with other
industry associations. OCIMF has produced in excess of 50 of these guidelines and many are now
taken as the industry standard in their particular field. OCIMF provides the means for joint research
projects to be undertaken and co-ordinated on behalf of its members. Many of these projects, for
example, studies on tanker drift and towage, mooring hawser strength etc, have resulted in technical
guidelines being published for the wider benefit of the industry.

BIMCO
From 16 to 18 February 1905, 112 distinguished gentlemen assembled in Copenhagen and
formed what is today the world’s largest and most diverse private shipping organisation.
BIMCO has come a long way since then and the organisation’s agenda today differs greatly
from that of the past. However, its objective of uniting shipping interests and pursuing the
issues affecting its members remain as clear now as they were at the start.
Throughout it all, BIMCO has consistently managed to be both flexible and supportive of its
members’ interests, capable of proactive action and responding quickly to new priorities in a
fast-changing maritime environment in an often un-certain world.
Today, BIMCO membership spans 123 countries and includes more than 2,550 companies.
Owner members alone control 65% of the world merchant fleet, while 1,500 brokers and
agents and 100 club and associate members complete BIMCO international coverage. It is on behalf
of these members that BIMCO carries out its tasks - ranging from involvement in
international debates on issues affecting the industry to providing assistance in recovering
unpaid balances.
BIMCO is one of the leading interest groups and membership organisation offering practical
and tangible services to ship owners, managers, brokers, agents, operators, associations and other
entities associated with the shipping industry.
BIMCO aim is that of free trade, access to markets, trade facilitation and harmonisation,
promotion of safety and quality and security. BIMCO focus is on promotion of high shipping
 standards and support of existing measures to ensure quality shipping as well as, the
standardisation of regulations and a worldwide implementation regime.
Membership in BIMCO is open to companies involved in all sectors of shipping. Its Indian
membership includes 18 owner-members operating 423 vessels of 12.6 million tons
deadweight and a further 26 broker-members

International Chamber of Shipping (ICS)

The International Chamber of Shipping (ICS) is the international trade association for
merchant ship operators. The aim of ICS is to promote the interests of ship owners and
operators in all matters of shipping policy and ship operations. ICS represents the collective
views of the international industry from different nations, sectors and trades. ICS membership
comprises national ship owners' associations3 representing over half of the world's merchant fleet.
ICS is heavily involved in a wide variety of areas including technical, legal and operational matters
affecting merchant ships. ICS is unique in that it represents the global interests of all the different
trades in the industry.

Q.2 a) Discuss the following with respect to M.S. Act Functions of Marine Board and Court of Survey
b) Discuss the Main Salient features of STCW Convention adopted at the Manila Conference June 2010

Marine board as per MSA

Marine Board 373. Convening of Marine Boards outside India.―Whenever―

(a) a complaint is made to an Indian consular officer or a senior officer of any ship of the Indian Navy in the
vicinity (hereinafter referred to as naval officer) by the master or any member of the crew of an Indian ship and
such complaint appears to the Indian consular officer or naval officer, as the case may be, to require immediate
investigation; or
(b) the interest of the owner of an Indian ship or of the cargo thereof appears to an Indian consular officer or
naval officer, as the case may be, to require it; or
(c) an allegation of in competency or misconduct is made to an Indian consular officer or a naval officer
against the master or any of the officers of an Indian ship; or
(d) any Indian ship is lost, abandoned or stranded at or near the place where an Indian consular officer or naval
officer may be or whenever the crew or part of the crew of any Indian ship which has been lost, abandoned or
stranded arrives at that place; or
(e) any loss of life or any serious injury to any person has occurred on board an Indian ship at or near that
place;

the Indian consular officer or the naval officer, as the case may be, may, in his discretion, convene a Board of
Marine Inquiry to investigate the said complaint or allegation or the matter affecting the said 1. Subs. by Act 12 of
1983, s. 17 and the Schedule, for “magistrate of the first class” (w.e.f. 18-5-1983).
2. Subs. by s. 17 and the Schedule, ibid., for “presidency magistrate” (w.e.f. 18-5-1983).
3. Subs. by s. 17 and the Schedule, ibid., for “magistrate” (w.e.f. 18-5-1983).

interest or the cause of the loss, abandonment or the stranding of the ship or of the loss of life or of the injury
to the person. 374. Constitution and procedure of Marine Board.―(1) A Marine Board shall consist of the
officer convening the Board and two other members.
(2) The two other members of the Marine Board shall be appointed by the officer convening the Marine Board
from among persons conversant with maritime or mercantile affairs.
(3) The officer convening the Marine Board shall be the presiding officer thereof.
(4) A Marine Board shall, subject to the provisions of this Act, have power to regulate it‟s own procedure.
375. Decisions of Marine Board to be by majority.― Where there is a difference of opinion among
members of the Marine Board, the decision of the majority of the members shall be the decision of the Board.
376. Powers of Marine Board.―(1) A Marine Board may, after investigating and hearing the case―
(a) if it is of opinion that the safety of an Indian ship or her cargo or crew or the interest of the owner of an
Indian ship or of the owner of the cargo thereof requires it, remove the master and appoint another qualified
person to act in his stead;
(b) if it is of opinion that any master or officer of an Indian ship is incompetent or has been guilty of any act of
misconduct or in a case of collision has failed to render such assistance or give such information as is required
by section 348 or that loss, abandonment or stranding of or serious damage to any ship, or loss of life or
serious injury to any person has been caused by the wrongful act or default of any master or ship‟s officer of
an Indian ship, suspend the certificate of that master or ship's officer for a stated period:

Provided that no such certificate shall be suspended unless the master or officer concerned has been furnished
with a statement of the case in respect of which investigation has been ordered and he has also been given an
opportunity of making a defence either in person or otherwise; (c) discharge a seaman from an Indian ship and
order the wages of any seaman so discharged or any part of those wages to be forfeited;
(d) decide any questions as to wages, fines or forfeitures arising between any of the parties to the proceedings;
(e) direct that any or all of the costs incurred by the master or owner of an Indian ship or on the maintenance of
a seaman or apprentice while in prison outside India shall be paid out of, and deducted from, the wages of that
seaman or apprentice, whether earned or subsequently earned;
(f) if it considers such a step expedient, order a survey to be made of any Indian ship which is the subject of
investigation;
(g) order the costs of proceedings before it or any part of those costs, to be paid by any of the parties thereto,
and may order any person making a frivolous or unjustified complaint to pay compensation for any loss or
delay caused thereby; and any costs or compensation so ordered to be paid by any person shall be paid by that
person accordingly and may be recovered in the same manner in which wages of seaman are recoverable or
may be deducted from the wages due to that person.

(2) All orders made by a Marine Board shall, whenever practicable, be entered in the official log book of the
ship which is the subject of investigation or on board which the casualty or occurrence or conduct investigated
took place, and be signed by the presiding officer of the Board.

Courts of survey
383. Constitution of court of survey.―(1) A court of survey for a port shall consist of a Judge sitting with
two assessors.
(2) The Judge shall be a District Judge, Judge of a court of small causes, 1[Metropolitan Magistrate, Judicial
Magistrate of the first class] or other fit person appointed in this behalf by the Central Government either
generally or for any specified case.
(3) The assessors shall be persons of nautical, engineering pr other special skill or experience.
(4) Subject to the provisions of Part IX as regards ships other than Indian ships, one of the assessors shall be
appointed by the Central Government either generally or in each case and the other shall be summoned by the
Judge in the manner prescribed out of a list of persons from time to time prepared for the purpose by the
Central Government or, if there is no such list or if it is impracticable to procure the attendance of any person
named in such list, shall be appointed by the Judge.

1. Subs. by Act 12 of 1983, s. 17 and the Schedule, for “presidency magistrate, magistrate of the first class” (w.e.f. 18-5-1983).
173
384. Appeal from surveyor to court of survey.―(1) If a surveyor authorised to inspect a ship―
(a) makes a statement in his report of inspection with which the owner or his agent or the master of the ship is
dissatisfied, or
(b) gives notice under this Act of any defect in any ship, or
(c) declines to give any certificate under this Act,

the owner, master or agent, as the case may be, may, subject to the provisions of sub-section (2) and of section
387, appeal to a court of survey. (2) Whenever a surveyor inspects any ship, he shall, if the owner, master or
agent of the ship so requires, be accompanied on the inspection by some person nominated by the owner,
master or agent, as the case may be, and if the person so nominated agrees with the surveyor as to the
statement made or the notice given by the surveyor or the refusal by the surveyor to give a certificate, there
shall be no appeal to a court of survey from that statement, notice or refusal.
385. Powers and procedure of court of survey.―(1) The Judge shall on receiving notice of appeal or a
reference from the Central Government immediately summon the assessors to meet forthwith in the prescribed
manner.
(2) The court of survey shall hear every case in open court.
(3) The Judge may appoint any competent person to survey the ship and report thereon to the court.
(4) The Judge shall have the same powers as the Central Government has to order the ship to be released or
finally detained; but unless one of the assessors concurs in an order for the detention of the ship, the ship shall
be released.
(5) The owner and master of the ship and any person appointed by the owner or master and also any person
appointed by the Central Government may attend any inspection or survey made in pursuance of this section.
(6) The Judge shall report the proceedings of the court in each case to the Central Government in the manner
prescribed and each assessor shall either sign such report or report to the Central Government the reasons for
his dissent.
386. Power to make rules.―The Central Government may make rules for carrying out the purposes of this
Part with respect to a court of survey and in particular, and without prejudice to the generality of the foregoing
power, with respect to―
(a) the procedure of the court;
(b) the requiring, on an appeal, of security for costs and damages;
(c) the amount and application of fees; and
(d) the ascertainment, in case of dispute, of the proper amount of costs

Q2b) Manila conference + STCW convention

Major revisions to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (the
STCW Convention), and its associated Code have been adopted at a Diplomatic Conference in Manila, the Philippines,
thereby ensuring that the necessary global standards will be in place to train and certify seafarers to operate
technologically advanced ships for some time to come.

The amendments, to be known as “The Manila amendments to the STCW Convention and Code” are set to enter into force
on 1 January 2012 under the tacit acceptance procedure and are aimed at bringing the Convention and Code up to date
with developments since they were initially adopted in 1978 and further revised in 1995; and to enable them to address
issues that are anticipated to emerge in the foreseeable future.
Amongst the amendments adopted, there are a number of important changes to each chapter of the Convention and
Code, including:

• Improved measures to prevent fraudulent practices associated with certificates of competency and strengthen the
evaluation process (monitoring of Parties’ compliance with the Convention);
• Revised requirements on hours of work and rest and new requirements for the prevention of drug and alcohol abuse, as
well as updated standards relating to medical fitness standards for seafarers;
• New certification requirements for able seafarers;
• New requirements relating to training in modern technology such as electronic charts and information systems (ECDIS);
• New requirements for marine environment awareness training and training in leadership and teamwork;
• New training and certification requirements for electro-technical officers;
• Updating of competence requirements for personnel serving on board all types of tankers, including new requirements
for personnel serving on liquefied gas tankers;
• New requirements for security training, as well as provisions to ensure that seafarers are properly trained to cope if their
ship comes under attack by pirates;
• Introduction of modern training methodology including distance learning and web-based learning;
• New training guidance for personnel serving on board ships operating in polar waters; and
• New training guidance for personnel operating Dynamic Positioning Systems.

Conference resolutions
In addition to two resolutions adopting the aforesaid amendments, the Conference also adopted resolutions on:

- Expression of appreciation to the host Government;

- Transitional provisions and early implementation;
- Verification of certificates of competency and endorsements contained;
- Standards of training and certification and ships’ manning levels;
- Promotion of technical knowledge, skills and professionalism of seafarers;
- Development of guidelines to implement international standards on medical fitness for seafarers;
- Revision of existing model courses published by the International Maritime Organization and development of new model
courses;
- Promotion of technical co-operation;
- Measures to ensure the competency of masters and officers of ships operating in polar waters;
- Attracting new entrants to, and retaining seafarers in, the maritime profession;
- Accommodation for trainees;
- Promotion of the participation of women in the maritime industry;
- Future amendments and review of the STCW Convention and Code;
- Contribution of the International Labour Organization;
- Role of the World Maritime University and IMO International Maritime Law Institute and International Maritime Safety,
Security and Environment Academy (IMSSEA) in promoting enhanced maritime standards;
- Year of the Seafarer; and
- Day of the Seafarer.

Q.3 a) What factors led to the development of SCOPIC Clause in salvage

b) What is the difference in scope of the CLC, Bunker Convention, and Wreck Removal Conventions?

3a) An international conference in 1989 agreed a new salvage convention which made a
profound change to the nature of salvage. The previous convention of 1910 had been
based on a traditional principle of ‘no cure no pay’. Liability for salvage awards was
covered pro-rata by hull and cargo underwriters in proportion to the respective salved
values and the clubs were not involved. The fear under the old convention was that
salvors might think twice about attempting to salve a ship where the risk of failure was
great and the costs likely to be incurred also great. The intention of the Salvage
Convention 1989 was to encourage salvors to act in cases where there is a threat to the
environment. Under the 1989 Convention the main salvage award is still based on ‘no
cure no pay’, but the award will take into account ‘the skill and efforts of the salvors in
preventing or minimising damage to the environment’, as well as the traditional factors of
salved value, danger, out-of-pocket expenses, success, time, and skill. This basic ‘no
cure no pay’ award is dealt with under Article 13. The Salvage Convention also
introduced a safety net where the salvor has worked on a ship or cargo which threatens
damage to the environment and has failed to earn, under Article 13, an award which
covers his costs. In such circumstances, he is entitled to special compensation under
Article 14, based on the cost of his equipment and personnel used and his out-of-pocket
expenses incurred plus an uplift of 30-100% if he has prevented or minimised
environmental damage. The hull and cargo underwriters continue to pay Article 13
awards, even if they are increased because of environmental factors, but the clubs cover
Article 14 awards.

The Convention entered into force in 1996 but had already been introduced into LOF
1990 and LOF 1995 and therefore most contractual salvages have been governed by it
for some time. There have been a number of problems about the workings of Articles 13
and 14, some of which have concerned shipowners and the clubs and others which
have concerned salvors. The clubs have been worried that the safety net gives the
salvors an incentive to extend the work for as long as possible and allows the property
underwriters to delay the decision as to whether the ship will be accepted as a
constructive total loss with little that the club or the shipowner can do to control the
operation. Salvors have been concerned that Article 14 only applies if there is a threat to
the environment, which has to be proved, and that Article 14 is not relevant outside
coastal or inland waters or areas adjacent thereto. Thus there is a geographical
restriction. The salvors are also concerned by a decision of the English courts (the
Nagasaki Spirit) that the rates for equipment and personnel should not include any
element of profit. Profit is limited to the uplift which only applies if damage to the
environment is minimised or prevented. All these issues have led to arbitrations
concerning Article 14 being long and expensive with costs generally being for the
account of shipowners and the clubs.

Negotiations took place initially between the salvors and the clubs, and subsequently
including property underwriters, with a view to agreeing a simplified framework for
special compensation which would promote fast response to casualties but reduce the
potential for legal disputes. As a result of these discussions, the SCOPIC Clause has
been developed as an alternative to Article 14 for dealing with special compensation
(para 1 of SCOPIC Clause).

The idea is that for a trial period of two years the SCOPIC Clause will be incorporated by
reference into LOFs signed between members of the ISU and owners entered in an
International Group club, and the clubs will recommend members to contract on these
terms. If the trial period shows that the scheme works well then LOF will be formally
amended. The main changes are as follows:

i. The contractor has the option to invoke the special provisions of the SCOPIC
Clause at any time of his choosing, regardless of the circumstances. He does not
have to prove the environmental threat nor is he subject to any geographical
restriction (Para 2). The assessment of the SCOPIC remuneration commences
from the time of that notice. Prior to such invocation, salvage is undertaken on a
‘no cure no pay’ basis without any safety net. Under the current Article 14,
calculation of special compensation commences with the start of the salvage
operation.
ii. The shipowner must provide security in the sum of US$3m within two working
days of the contractor invoking the SCOPIC remuneration provisions. If at any
time thereafter the shipowner thinks that this is too much or the contractor thinks it
is too little he shall be entitled to require the other to reduce or increase the
security. If the shipowner does not provide security within the two working days
the contractor can withdraw from the provisions of the SCOPIC Clause and revert
to his rights under Article 14 (Para 3).
iii. Rates. SCOPIC remuneration is based on time and materials, plus an uplift in all
cases of 25%. The clubs have reached agreement with the ISU on rates for tugs,
personnel and equipment (Appendix A). These are rates which are profitable for
salvors. Charges for portable equipment are to be capped at 1.875 x the
replacement cost of the equipment inclusive of the 25% uplift. If the contractor has
to contract in for equipment and the price exceeds the applicable tariff rates then
the contractor is entitled to the contracted-in price plus an uplift of 10% on the
tariff rates, or the tariff rate plus 25%, whichever is the greater. It is impossible to
tell whether these SCOPIC rates are higher or lower than the Article 14 rates,
because since the decision in the Nagasaki Spirit, Article 14 rates depend on how
much the tug is used in any particular year.
iv. Salvage services will continue to be assessed in accordance with Article 13, even
if the contractor invokes the SCOPIC Clause. SCOPIC remuneration will be
payable only to the extent that it exceeds the total Article 13 award (Para 6). If the
contractor invokes the SCOPIC Clause and the Article 13 award is greater than
the SCOPIC remuneration, then the Article 13 award will be discounted by 25% of
the difference between it and the amount of the SCOPIC remuneration that would
have been assessed had the SCOPIC provisions been invoked on the first day of
the services (Para 7). If there is no potential Article 13 award then the undisputed
amount of SCOPIC remuneration is to be paid by the shipowner within one month
of presentation of the claim. If there is a claim for an Article 13 award then 75% of
the amount by which the assessed SCOPIC remuneration exceeds the total
Article 13 security will be paid by the shipowner within one month (Para 8).
v. The contractor can terminate the services if he reasonably anticipates that the
total cost of past and future services will exceed the value of the property capable
of being salved and his SCOPIC remuneration. Shipowners can terminate the
SCOPIC agreement with five days notice (Para 9).
vi. The shipowner has the right to send on board a casualty representative (SCR)
(Para 11) and hull and cargo underwriters each have the right to send on board
one special hull and special cargo representative (Para 12). The SCR will be
selected from a panel appointed by a committee made up of three representatives
from the International Group, three representatives from ISU, three
representatives from IUMI and three representatives from the ICS. The salvage
master shall send daily reports to Lloyd’s and the shipowner until the SCR arrives
on site, and after that only to the SCR. The SCR can disagree with the daily
salvage report and prepare a dissenting report. If the SCR gives a dissenting
report, then the initial payment by the Shipowners will be based only on what the
SCR considers the appropriate equipment or procedures until any dispute is
resolved (Appendix B).
vii. A non-binding Code of Practice has been agreed between the ISU and the
International Group. The clubs confirm that although they expect to provide
security for SCOPIC it is not automatic. The clubs will not refuse to give security
solely because the contractors cannot obtain security in any other way. The clubs
confirm that they will be willing to consider the provision of security to a port
authority to permit a ship to enter a port of refuge and will not refuse such security
solely because the contractors cannot obtain such security in any other way.

The advantages for shipowners and clubs in the new SCOPIC provisions are as follows:

1. There should be little need for arbitrations in future on special compensation

awards. The problem areas (environmental threat, geographical restriction, tug
rates, and uplift) have all been settled.
2. Owners/clubs have much more control or at least knowledge over what happens
during salvage.
3. The shipowners’ right to terminate under Clause 9 of SCOPIC is clearer than the
right under Clause 4 of LOF.
4. The uplift is capped at 25%.

The disadvantages for shipowners/clubs are as follows:

1. The salvors may recover more for the agreed tug rates than they would under the
Nagasaki Spirit decision, but this is not certain because of the different utilisation
factors.
2. Shipowners/clubs have given up the environmental threat and geographical
restriction defences.

The advantages for salvors are as follows:

1. It is no longer necessary for salvors to prove environmental threat and to

overcome any geographical restriction defence.
2. Salvors will be paid profitable tug rates.
3. Cash flow problems will be eased.
 4. Security is more certain.

The disadvantages are:

1. Salvors can never recover more than a 25% uplift.

2. There is a risk that the owner terminates.
https://www.westpandi.com/publications/notice-to-members/1999-2000/notice-to-members-no-4-
19992000/

DIffernce between CLC/BUNKER AND WRECK REMOVAL

CLC The Civil Liability Convention was adopted to ensure that adequate compensation is available to persons who suffer oil
pollution damage resulting from maritime casualties involving oil-carrying ships.

The Convention places the liability for such damage on the owner of the ship from which the polluting oil escaped or was
discharged.

Subject to a number of specific exceptions, this liability is strict; it is the duty of the owner to prove in each case that any of
the exceptions should in fact operate. However, except where the owner has been guilty of actual fault, they may limit
liability in respect of any one incident.

The Convention requires ships covered by it to maintain insurance or other financial security in sums equivalent to the
owner's total liability for one incident.

The Convention applies to all seagoing vessels actually carrying oil in bulk as cargo, but only ships carrying more than 2,000
tons of oil are required to maintain insurance in respect of oil pollution damage.

This does not apply to warships or other vessels owned or operated by a State and used for the time being for Government
non-commercial service. The Convention, however, applies in respect of the liability and jurisdiction provisions, to ships
owned by a State and used for commercial purposes. The only exception as regards such ships is that they are not required
to carry insurance. Instead they must carry a certificate issued by the appropriate authority of the State of their registry
stating that the ship's liability under the Convention is covered.

The Convention covers pollution damage resulting from spills of persistent oils suffered in the territory (including the
territorial sea) of a State Party to the Convention. It is applicable to ships which actually carry oil in bulk as cargo, i.e.
generally laden tankers. Spills from tankers in ballast or bunker spills from ships other than other than tankers are not
covered, nor is it possible to recover costs when preventive measures are so successful that no actual spill occurs. The
shipowner cannot limit liability if the incident occurred as a result of the owner's personal fault.

The Protocol of 1976, which entered into force in 1981, provided for the aplicable unit of account used under the
convention to be based on the Special Drawing Rights (SDR) as used by the International Monetary Fund (IMF), replacing
the the "Poincaré franc", based on the "official" value of gold, as the applicable unit of account.

The Protocol of 1984 set increased limits of liability but was superseded by the 1992 Protocol.

The Protocol of 1992 changed the entry into force requirements by reducing from six to four the number of large tanker-
owning countries that were needed for entry into force.

The compensation limits were set as follows:

 For a ship not exceeding 5,000 gross tonnage, liability is limited to 3 million SDR
  For a ship 5,000 to 140,000 gross tonnage: liability is limited to 3 million SDR plus 420 SDR for each additional
unit of tonnage

 For a ship over 140,000 gross tonnage: liability is limited to 59.7 million SDR.

The 1992 protocol also widened the scope of the Convention to cover pollution damage caused in the exclusive economic
zone (EEZ) or equivalent area of a State Party. The Protocol covers pollution damage as before but environmental damage
compensation is limited to costs incurred for reasonable measures to reinstate the contaminated environment. It also
allows expenses incurred for preventive measures to be recovered even when no spill of oil occurs, provided there was
grave and imminent threat of pollution damage.

The Protocol also extended the Convention to cover spills from sea-going vessels constructed or adapted to carry oil in
bulk as cargo so that it applies apply to both laden and unladen tankers, including spills of bunker oil from such ships.

Under the 1992 Protocol, a shipowner cannot limit liability if it is proved that the pollution damage resulted from the
shipowner's personal act or omission, committed with the intent to cause such damage, or recklessly and with knowledge
that such damage would probably result.

From 16 May 1998, Parties to the 1992 Protocol ceased to be Parties to the 1969 CLC due to a mechanism for compulsory
denunciation of the "old" regime established in the 1992 Protocol. However, there are a number of States which are Party
to the 1969 CLC and have not yet ratified the 1992 regime - which is intended to eventually replace the 1969 CLC.

The 1992 Protocol allows for States Party to the 1992 Protocol to issue certificates to ships registered in States which are
not Party to the 1992 Protocol, so that a shipowner can obtain certificates to both the 1969 and 1992 CLC, even when the
ship is registered in a country which has not yet ratified the 1992 Protocol. This is important because a ship which has only
a 1969 CLC may find it difficult to trade to a country which has ratified the 1992 Protocol, since it establishes higher limits
of liability.

The 2000 Amendments

Adoption: 18 October 2000
Entry into force: 1 November 2003
The amendments raised the compensation limits by 50 percent compared to the limits set in the 1992 Protocol, as follows:
 For a ship not exceeding 5,000 gross tonnage, liability is limited to 4.51 million SDR (US$5.78 million)
 For a ship 5,000 to 140,000 gross tonnage: liability is limited to 4.51 million SDR plus 631 SDR for each
additional gross tonne over 5,000

 For a ship over 140,000 gross tonnage: liability is limited to 89.77 million SDR

BUNKER Convention

The Convention was adopted to ensure that adequate, prompt, and effective compensation is available to persons who

suffer damage caused by spills of oil, when carried as fuel in ships' bunkers.

The Convention applies to damage caused on the territory, including the territorial sea, and in exclusive economic zones of

States Parties.

The bunkers convention provides a free-standing instrument covering pollution damage only.

"Pollution damage" means:

 (a) loss or damage caused outside the ship by contamination resulting from the escape or discharge of bunker oil
from the ship, wherever such escape or discharge may occur, provided that compensation for impairment of the
environment other than loss of profit from such impairment shall be limited to costs of reasonable measures of
reinstatement actually undertaken or to be undertaken; and
  (b) the costs of preventive measures and further loss or damage caused by preventive measures.

The convention is modelled on the International Convention on Civil Liability for Oil Pollution Damage, 1969. As with that
convention, a key requirement in the bunkers convention is the need for the registered owner of a vessel to maintain
compulsory insurance cover.

Another key provision is the requirement for direct action - this would allow a claim for compensation for pollution damage
to be brought directly against an insurer. The Convention requires ships over 1,000 gross tonnage to maintain insurance or
other financial security, such as the guarantee of a bank or similar financial institution, to cover the liability of the registered
owner for pollution damage in an amount equal to the limits of liability under the applicable national or international
limitation regime, but in all cases, not exceeding an amount calculated in accordance with the Convention on Limitation of
Liability for Maritime Claims, 1976, as amended.*

Nairobi International Convention on the Removal of Wrecks

Adoption: 18 May, 2007; Entry into force: 14 April 2015

The Nairobi International Convention on the Removal of Wrecks, 2007, was adopted by an international conference held in
Kenya in 2007. the Convention provides the legal basis for States to remove, or have removed, shipwrecks that may have
the potential to affect adversely the safety of lives, goods and property at sea, as well as the marine environment.

The Convention provides a set of uniform international rules aimed at ensuring the prompt and effective removal of wrecks
located beyond the territorial sea.

The Convention also includes an optional clause enabling States Parties to apply certain provisions to their territory,
including their territorial sea.

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

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

The Convention provides a sound legal basis for coastal States to remove, or have removed, from their coastlines, wrecks
which pose a hazard to the safety of navigation or to the marine and coastal environments, or both. The treaty also covers
any prevention, mitigation or elimination of hazards created by any object lost at sea from a ship (e.g. lost containers).

The Convention makes shipowners financially liable and require them to take out insurance or provide other financial
security to cover the costs of wreck removal. It also provides States with a right of direct action against insurers.

The Convention defines "Wreck", following upon a maritime casualty, as:

(a) a sunken or stranded ship; or

(b) any part of a sunken or stranded ship, including any object that is or has been on board such a ship; or
 (c) any object that is lost at sea from a ship and that is stranded, sunken or adrift at sea; or

(d) a ship that is about, or may reasonably be expected, to sink or to strand, where effective measures to assist the ship or
any property in danger are not already being taken.

Articles in the Convention cover:

 reporting and locating ships and wrecks - covering the reporting of casualties to the nearest coastal State;
warnings to mariners and coastal States about the wreck; and action by the coastal State to locate the ship or
wreck;
 criteria for determining the hazard posed by wrecks, including depth of water above the wreck, proximity of
shipping routes, traffic density and frequency, type of traffic and vulnerability of port facilities. Environmental
criteria such as damage likely to result from the release into the marine environment of cargo or oil are also
included;

 measures to facilitate the removal of wrecks, including rights and obligations to remove hazardous ships and
wrecks - which sets out when the shipowner is responsible for removing the wreck and when a State may
intervene;

 liability of the owner for the costs of locating, marking and removing ships and wrecks - the registered shipowner
is required to maintain compulsory insurance or other financial security to cover liability under the convention;
and

 settlement of disputes.

Q.4 a) What is the legal nature of the relationship between a Master and a pilot onboard? As a Master how
will you ensure the delegation of “control of navigation” so the pilot does not jeopardize the safety of the
vessel?
b) What points are to be taken into account when as a Master you are requested to tow a vessel which is
disabled but not in distress? Describe the procedures to be followed for safe towing.

4a and b) – Already done

4A) The master of a ship must amongst other thing ensure the safety of the ship, of all on board and of all who
are threatened in any way by the proximity or operations of other ships. In the execution of his duties, he is
entitled to the full co-operation and assistance from his officers and other members of his crew. All
on board must go about their tasks in accordance with those ordinary practices of seamen that have been
tried and tested over a long period of time i.e. the well understood standards of seamanship that safeguard
against accident or error. It is the master’s responsibility to ensure that the crew support the pilot in his
duties and the master may delegate the authority for this to the officer of the watch or other appropriate
officers. It is the responsibility of the master, officers and other members of the crew to pass on all relevant
information, including defects and peculiarities, to the
pilot and to keep a proper lookout. The duty has been interpreted by the courts to
include the duty to report all material circumstances and facts which might
influence the pilot’s actions, even if the pilot is in a position where he ought to be
able to see things clearly for himself.
Where, in the master’s opinion, the situation developing is obviously
dangerous, it is his duty to draw the pilot’s attention to the risk and, if necessary
in his judgment, take over the conduct of the vessel. The master is not justified in
doing nothing. The duty in of the pilot is to direct the navigation of the ship, and
to conduct it so far as the course of the ship is concerned. He has no other power
on board. The common law relationship between master and pilot is such that,
when the latter is legally responsible for his own actions and the is restricted to
circumstances where there is clear evidence of the pilot’s incurring his own
liability, is restricted to circumstances where incurring his own liability, is
restricted to circumstances where there is clear evidence of the pilot’s inability or
incompetence.
“TO CONDUCT A SHIP” MUST NOT BE CONFUSED WITH BEING IN
COMMAND OF A SHIP’.
The first expression refers to action, to a personal service being performed;
the second to power. The question whether a pilot has control of navigation is a
question of fact and not of law. The fact that a pilot has been given control of the
ship for navigational purposes does not mean that the pilot has superseded the
master. The master is, and remains, in command; he is the authority to
subordinates and to outside, delegate part of his authority to subordinates and to
outside assistants whom he employs to navigate his ship i.e. pilots. A delegation
of power is not an abandonment of authority, but one way of exercising authority.
However, laws of most foreign countries provide that a pilot whose employment is
compulsory is not regarded as having control of navigation of ship, but has his
duties restricted to advising the master of local conditions affecting safe
navigation.
Voluntary and Compulsory Pilots
The pilot must, of course, possess many of the mariner’s skills including
knowledge of the Rules of the Road, navigation, and the use of all forms of
navigation equipment. A clear distinction must be made between voluntary and
compulsory pilots.
A voluntary pilot is one engaged for the convenience of the vessel. A North
Sea pilot employed to take a ship between the Rotterdam and Bremerhaven sea
buys would be one example of a voluntary pilot. No statue requires a ship to have
a pilot aboard but the master or owner hires the pilot to aid in making the
passage expeditiously.
The owner, through the master, has great control over the voluntary pilot.
The pilot need not be hired in the first place, or the pilot’s services can be
rejected during the passage and the vessel continues to her destination. The
voluntary pilot is in a significantly different position aboard ship than the
compulsory pilot, practically speaking the master can feel much freer to advise or
relieve a voluntary pilot the voluntary pilot is in much the same position as the
ship’s mates.
A compulsory pilot, on the other hand, is one that is required by law to be
aboard while the ship is navigating certain specified areas. Penalties such as fines
or imprisonment, or both, are the hallmarks of compulsory Pilotage laws. If a ship
is allowed by hallmarks of compulsory services of a pilot provided she pays a
portion of the Pilotage fee and the Pilotage is not compulsory. The relationship
between master and compulsory pilot is in many ways unique in that it is usually
defined by custom, practice, and statute rather than contract. While the pilot is
generally neither an employee of the ship nor a member of her crew, he is
ultimately subordinate to the member of her crew, he is ultimately subordinate to
the master, although the degree of subordination is less than popularly perceived.
The public and the industry benefit equally from this working arrangement
and from the degree of overlapping responsibility that compels both pilot and
master to be concerned about a vessel’s safety.
The compulsory pilot is not aboard in a purely advisory capacity. That pilot
is in charge of the navigation of the ship while aboard and the ship’s crew is
required to obey the compulsory pilot’s orders relating to navigation unless the
master determines it is necessary to intercede for reasons yet to be discussed. A
compulsory pilot is responsible for his own actions and receives a significant fee
because of this responsibility. In the presence of the compulsory pilot, a master’s
responsibility is not total and forever. Both master and pilot have a job to do and
bear an unusual degree of responsibility not only to the vessel, cargo, and crew,
but also the public.
An exception is found to the traditional master/ pilot relationship at the
Panama Canal. The Panama Canal Commission accepts a greater degree of
liability in exchange for greater control of ship’s navigation in that strategic
waterway. Inside the locks of the Panama Canal, Commission is liable for
payment for injuries to the vessel, cargo, crew, or passengers arising out of a
passage through unless the Commission shows that the injury was caused by a
negligent act of the vessel. Outside the locks the Commission passengers when
such injuries are proximately caused by the negligence or fault of a Canal
Commission employee… provided that in the case of a ship required to have a
Panama Canal pilot on duty on duty. Damages are only payable if at the time of
injury the navigation was under the control of the Panama Canal pilot.
Shipmasters should be aware of the manner in which the traditional master/
pilot relationship is distorted in the special circumstance.
The master retains overall responsibility for the vessel and her operation,
for having a competent watch on duty and seeing that they perform their work
efficiently, for being sure a proper lookout is maintained, and for compliance with
all regulations and statues including the Rule of the Road (COLREGS). The
master’s authority is never completely in abeyance even while a pilot (compulsory
or not) has immediate charge of the ship’s navigation. The master is also
responsible for his own professional competency, including having sufficient
knowledge and experience to be able to judge the pilot’ s performance and
recognize significant pilot error, and to have studied and the local waters and be
able to recognize known and published dangers.
The master has a duty to advise or relieve a pilot in cases of:
Ø Intoxication
Ø Gross incompetence to perform the task at hand
Ø When the vessel is standing into danger that is not obvious to the pilot
Ø When the pilot’s actions are in error due to a lack of appreciation of
particular circumstances, including the limitations of the particular ship
being handled
In carrying out these responsibility the master may either advise or relieve
the pilot, at the master’s discretion, in practice, there is a real burden upon the
master to justify relieving the pilot should some casualty result so the action of
relieving must not be arbitrary, there are several ways to do a job and, while
admittedly some are more expeditious than others, the master must not relieve
the pilot simply should only be relieved when the master feels, based upon
professional experience and training, that the vessel, crew, or cargo is being
placed in real and imminent danger because of that pilot’ s present course of
action. On the other hand, the master is negligent if action is not taken when
required. The master first objects to an action, then recommends an alternative
and only in the rare case when the pilot refuses to accept a recommendation does
the master relieve a pilot in a timely manner – while it is still possible to avoid an
accident.
The decision about when to become involved is more difficult than the
absolute problem of whether it is necessary to do so. There is a natural reluctance
to act because of the ramifications in case of a casualty, yet the question of the
timing is most critical, Relief usually occurs when it is too late- when the situation
has deteriorated so far that even the most competent ship handler could not
correct matters and the master’s efforts then only complicate an already bad
situation. There is no equipment that a ship be in extremis before the pilot is
relieved, only that the master foresees danger should a present course of action
continue.
It is imperative that the master be sufficiently skilled in ship handling to
recognize a problem early, and have sufficient confidence in those skills to take
prompt and decisive action if it is necessary to relieve a pilot. The correctness of
action taken reflects the training and experience that a master has had and it is
too late to compensate for years of neglect in this area at such a time. The
decision to relieve a pilot is not an easy one, but a master who instead stands by
as the vessel heads for certain catastrophe remains a responsibility party ad must
take action. It is a judgment that can only be made based on professional
experience and is but one example of why the title “shipmaster” bears a
connotation of unusual responsibility.

4b- Already done)

Q.5 A vessel sailed for a Tanzanian port & one day after sailing the stowaways were detected. Describe your
action as a Master under the following headings.
i) Master’s responsibilities.
ii) Safety & security of stowaways.
iii) P & I cover for the stowaways.
5)- Already Done

Q.6 a) Why do we have classification societies as a statutory requirement?

b) What are the duties of classification societies?
http://www.iacs.org.uk/media/3785/iacs-class-what-why-how.pdf
http://www.iacs.org.uk/media/3784/iacs-class-key-role.pdf

Q.7 a) In order to comply with the ISM Code, as a Master, how will you ensure the working of Safety
Management system (SMS)? Give your answer by describing the elements the SMS must consist off.
b) Describe precautions for entering and navigating in an ICE Pack
Already Done
JAN 2017

1b) Documentary Credit- Already explained

2A) Casualty Investigation Code- Already Done
2B) –Manila amendments already done
3A/B/C) – All done
4a)-
Regulation 10 - Ships' Routeing

Summary

 Contracting Governments to refer ships' routeing systems to IMO for adoption.

 Routeing systems to adhere to measures adopted by IMO

 Ships to use mandatory routeing systems unless there is a compelling reason

not to.

 Details of IMO-adopted schemes are contained in Resolution A.572(14), as

amended.
Regulation 10

1. Ships' routeing systems contribute to safety of life at sea, safety and efficiency of
navigation and/or protection of the marine environment. Ships' routeing systems are
recommended for use by, and may be made mandatory for, all ships, certain categories of
ships or ships carrying certain cargoes, when adopted and implemented in accordance with
the guidelines and criteria developed by the Organization.*

2. The Organization is recognized as the only international body for developing guidelines,
criteria and regulations on an international level for ships' routeing systems. Contracting
Governments shall refer proposals for the adoption of ships' routeing systems to the
Organization. The Organization will collate and disseminate to Contracting Governments all
 relevant information with regard to any adopted ships' routeing systems.

3. The initiation of action for establishing a ships' routeing system is the responsibility of the
Government or Governments concerned. In developing such systems for adoption by the
Organization, the guidelines and criteria developed by the Organization * shall be taken
into account.

4. Ships' routeing systems should be submitted to the Organization for adoption. However, a
Government or Governments implementing ships' routeing systems not intended to be
submitted to the Organization for adoption or which have not been adopted by the
Organization are encouraged to take into account, wherever possible, the guidelines and
criteria developed by the Organization.*

5. Where two or more Governments have a common interest in a particular area, they should
formulate joint proposals for the delineation and use of a routeing system therein on the
basis of an agreement between them. Upon receipt of such proposal and before proceeding
with consideration of it for adoption, the Organization shall ensure that details of the
proposal are disseminated to the Governments which have a common interest in the area,
including countries in the vicinity of the proposed ships' routeing system.

6. Contracting Governments shall adhere to the measures adopted by the Organization

concerning ships' routeing. They shall promulgate all information necessary for the safe
and effective use of adopted ships' routeing systems. A Government or Governments
concerned may monitor traffic in those systems. Contracting Governments shall do
everything in their power to secure the appropriate use of ships' routeing systems adopted
by the Organization.

7. A ship shall use a mandatory ships' routeing system adopted by the Organization as
required for its category or cargo carried and in accordance with the relevant provisions in
force unless there are compelling reasons not to use a particular ships' routeing system.
Any such reason shall be recorded in the ships' log.

8. Mandatory ships' routeing systems shall be reviewed by the Contracting Government or

Governments concerned in accordance with the guidelines and criteria developed by the
Organization.*

9. All adopted ships' routeing systems and actions taken to enforce compliance with those
systems shall be consistent with international law, including the relevant provisions of the
1982 United Nations Convention on the Law of the Sea.

10. Nothing in this regulation nor its associated guidelines and criteria shall prejudice the rights
and duties of Governments under international law or the legal regimes of straits used for
international navigation and archipelagic sea lanes.

* Refer to the General Provisions on Ships' Routeing adopted by the Organization by resolution A.572(14), as amended.

MCA Guidance

1. IMO Resolution A.572(14) (as amended) sets out the General Provisions on Ships' Routeing
 which are followed by Contracting Governments when submitting routeing schemes for
consideration. "IMO Ships' Routeing" contains details of all IMO-adopted ships' routeing
schemes as well as the General Provisions. All details of adopted schemes are shown on the
relevant UKHO charts, with any special requirements set out in chart notes. Paragraphs 1 to
6 lay down the requirements and procedures for submitting proposals for schemes.

2. Paragraph 7 refers to mandatory ships' routeing systems with which ships must comply.
These are the IMO adopted systems for mandatory use by ships or certain categories of
ships. Such a system will be shown on official navigational charts as a "Mandatory Ships'
Routeing System". The only example of such a system in or adjacent to UK waters is in the
southern North Sea where there is a mandatory route for tankers from North Hinder to the
German Bight and vice versa. Part of the route passes through UK jurisdictional waters.
(Refer to "IMO Ships' Routeing", Part G, Section II/1-1.)

3. For further information on use and observance of IMO-adopted ships' routeing systems refer
to: ANNEX 5- Use of IMO-adopted Routeing Systems.

4. For MCA Guidance on use of Traffic Separation Schemes refer to MGN 200 - Observance of
Traffic Separation Schemes

See also the International Regulations for Preventing Collisions at Sea,1972,(as amended)
which are contained in MSN 1781 and MSN 1781(amnd)
5. "IMO Ships' Routeing" is published by IMO, London, ISBN 92-801-6100-8

4B) (b) Ships to be sent for recycling will be required to carry an inventory of hazardous materials,
which will be specific to each ship. An appendix to the Convention will provide a list of hazardous
materials the installation or use of which is prohibited or restricted in shipyards, ship repair yards, and
ships of Parties to the Convention. Ships will be required to have an initial survey to verify the
inventory of hazardous materials, additional surveys during the life of the ship, and a final survey
prior to recycling. Ship recycling yards will be required to provide a "Ship Recycling Plan", to
specify the manner in which each ship will be recycled, depending on its particulars and its inventory.
Parties will be required to take effective measures to ensure that ship recycling facilities under their
jurisdiction comply with the Convention. Also:
O Once the convention enters into force, Part 1 of the IHM which is hazardous materials
contained in ship structure or equipment list has to be developed within 5 years in the
case of vessels being built before the convention comes into force.
O However, the Green ship owner has the option to obtain the IHM by an expert, for their
existing ships, as early as now.
Towing arrangements of ships are to comply with the following requirements:
O They are to comply with the requirements of this item
O They are to be type approved according to the requirements in
O Certificates of inspection of materials and equipment are to be provided according to
O Fitting on board of the emergency towing arrangements is to be witnessed by a
Surveyor of the Society and a relevant Certificate is to be issued
O Demonstration of the rapid deployment according to the criteria in is to be effected for
each ship and this is to be reported in the above Certificate.
5A)- Already Done
5b)-Actions in case of false distress alert
INSTRUCTIONS FOR CANCELING A FALSE DISTRESS ALERT
Digital Selective Calling
*Appropriate signals should precede these messages in accordance with the ITU Radio
Regulations chapter NIX.
This applies when the false alert is detected during transmission.
1 VHF
1. switch off transmitter immediately**;
2. switch equipment on and set to Channel 16; and
3. make broadcast to "All Stations" giving the ship's name, call sign and DSC number,
and cancel the false distress alert.
2 MF
1. switch off equipment immediately**;
2. switch equipment on and tune for radiotelephony transmission on 2,182 kHz; and
3. make broadcast to "All Stations" giving the ship's name, call sign and DSC number,
and cancel the false distress alert.
3 HF
As for MF, but the alert must be cancelled on all the frequency bands on which it was
transmitted. Hence, in stage 2.2 the transmitter should be tuned consecutively to the
radiotelephony distress frequencies in the 4, 6, 8, 12 and 16 MHz bands, as necessary.
Other Distress Systems
4 Inmarsat-C
Notify the appropriate RCC to cancel the alert by sending a distress priority message via the
same CES through which the false distress alert was sent.
5 EPIRBs
If for any reason an EPIRB is activated accidentally, the ship should contact the nearest coast station
or an appropriate coast earth station or RCC and cancel the distress alert.
6 General
1. Notwithstanding the above, ships may use any means available to them to inform the
appropriate authorities that a false distress alert has been transmitted and should be
cancelled.
2. No action will normally be taken against any ship or mariner for reporting and
cancelling a false distress alert. However, in view of the serious consequences of false
alerts, and the strict ban on their transmission, Governments may prosecute in cases of
repeated violations.

5c) WHO-Ship Sanitation Control

(c) As of 15 June 2007 the International Health Regulations (2005) ("IHR (2005)") have
introduced new certification procedures for ships. The new certificates are entitled Ship
Sanitation Control Exemption Certificate/Ship Sanitation Control Certificate ("Ship Sanitation
Certificates" or "SSC"). These SSC replace the previous De-ratting / De-ratting Exemption
certificates ("DC/DEC") provided for under the 1969 Regulations.
WHO is requesting information from States Parties regarding which ports each State Party is
authorizing to issue these certificates and their extensions thereto. As it becomes available, this
information will be made accessible through the "SSC Ports List" which will be published on this
website. It should be noted that the listing of ports authorized by States Parties for the purpose of
issuing SSC is not the same as the separate designation by them of points of entry for development of
core public health capacities as specified under Annex 1B of the IHR (2005). Such designations not
only include international ports but also airports and ground crossings, and the capacities required
extend beyond inspection and certification.
a) Arriving ships. In order to minimize potential short-term disruptions to international traffic,
States Parties may wish to consult with each other with a view to considering transitional
measures concerning the SSC; such measures may relate to exercising their discretion under the IHR
(2005) not to require application of sanitary measures based solely upon the failure of an arriving ship
to produce an SSC. Please note that this approach would not in any way affect the right of competent
authorities to take sanitary measures based upon evidence of a public health risk found on board or
otherwise as provided under the IHR (2005).
b) Recording of sanitary measures. Some provisions in the IHR (2005) require that when a
State Party applies sanitary measures to a ship, or is not able to carry out required control
measures or re-inspection is required, information on the evidence found and control measures
applied (or needed) must be recorded on the SSC.
The purpose of the ship sanitation inspections under IHR
Under the IHR, the purpose of ship sanitation inspections is as follows.
a) To determine whether a public health risk exists on board (including biological, chemical
and radiological risks) that may adversely affect the health of human populations, with an
emphasis on those that may spread internationally or present a serious and direct danger.
Examples of such risks area: vectors at all stages of growth, animal reservoirs for vectors,
rodents or other species that could carry human disease, microbiological, chemical and other risks to
human health, signs of inadequate sanitary measures and information concerning any human cases.
b) To ensure implementation of the required control measures. These measures can be
implemented by the competent authority or under its supervision.
Control measures implemented on ship are noted in the SSC. An SSC can be reviewed by
inspectors of subsequent ports of call, and therefore communicates the results of an inspection to the
next port of call. It also helps raise the awareness of ship operators about ship sanitation and helps
control measures to be adopted as necessary.
WHO inspection guidelines stipulate that the following areas of the ship must be in order (The term
in order is understood to mean no sign of infection or contamination, which includes vermin in any
stage of development; animal reservoirs for vermin and pests; microbiological, chemical, radioactive
substances or other hazards to human health; and inadequate hygiene measures):
O Galley and food areas
O Pantry and storage rooms
O Holds
O Officer and crew accommodation
O Drinking water
O Sewage system
O Ballast tanks
O Waste (inc. medical waste)
O Standing water
O Engine room
O Medical facilities, swimming pools and spas

6a) a) The circumstances of a ship’s operation that involve MAS are not those requiring rescue of
persons, three situations can arise:
The ship is involved in an incident (e.g., loss of cargo, accidental discharge of oil, etc.) that
does not impair its sea keeping ability but nevertheless has to be reported;
The ship, according to its master’s assessment, is in need of assistance but not in a distress
situation (about to sink, fire developing, etc.) that requires the rescue of those on board; and
The ship is found to be in a distress situation and those on board have already been rescued, with the
possible exception of those who have remained aboard or have been placed on board to attempt to
deal with the ship’s situation.
Duties of MAS
In accordance with the above resolution, the functions of MAS are the following:
O To receive the reports, consultations and notifications provided for by the relevant IMO
instruments in the event of an incident involving a ship;
O To monitor the ship’s situation if a report as referred to above discloses an incident that
may give rise to a situation where the ship is in need of assistance;
O To serve as the point of contact between the master and the coastal State if the ship’s
situation requires exchanges of information between the ship and the coastal State other
than a distress situation that could lead to a search and rescue operation;
O To serve as the point of contact between those involved in a marine salvage operation
undertaken by private facilities at the request of the company and the coastal State if the
coastal State considers that it should monitor the conduct of the operation.
The DG Shipping is the authority performing the functions of MAS.

Difference between Convention and Code

Convention is made when it is recognised by the flag state, the members of the IMO or the
contracting governments that there is a need of provisions or standardization regarding some
concern i.e. safety, marine pollution, certification, survey etc. Convention is a broad term and
the code falls under conventions as the specific regulations are laid down in the codes with
regards to different chapters of the convention.
http://nauticalclass.com/understanding-the-law-convention-protocols-code/
International Law
There is not really such a thing as International Law, rather it is a system of
law regulating the relations between sovereign states and their rights and
duties with respect to each other. It is made from 'Customary Law' and
'Treaties'

Customary Law
This is made from practise followed continuously in a particular location, or
by particular states, such that the practise becomes accepted as part of the
law in that location or of those states.

Treaties
A treaty is a written international agreement between two states (bilateral
treaty) or between a number of states (multilateral treaty), which is binding in
international law. Treaties are usually made under the auspices of an
internationally accepted organisation, such as the United Nations (UN) or one
of its agencies, such as International Maritime Organisation (IMO) or
International Labour Organisation (ILO).

Treaties are binding only on those states which are parties to the treaty, but
they may be binding even on non-party states if their provisions are also a
part of customary law.

International Conventions
A convention is a formal multilateral agreement between participating states.
It can be called an International Law and regulates the relationship between
those states with reference to Subject of the Convention. However there is no
international law enforcement agency, this can only be enforced by the
participating states concerned when it is implemented in a States (country’s)
own legal system.

SOLAS convention is not a law itself. But when a country adopts and includes
it as legislation in their country, it becomes law for them. UK, Singapore and
India have included it in own national law called Merchant Shipping act. USA
call it CFR.

Adopting a convention
IMO has six main bodies concerned with the adoption or implementation of
conventions. The Assembly and Council are the main organs, and the
committees involved are:

 the Maritime Safety Committee,

 the Marine Environment Protection Committee,
 the Legal Committee, and
 the Facilitation Committee.
The Council or the Assembly would set a date for the conference for the
adoption of the convention and communicate this date to all the participating
states. The draft convention is also circulated to all the participating states
for their comments. The committee examines the comments (if any) from the
various states to amend the draft convention before the conference.

In the conference, the amended draft convention is presented to the member

states. Once the majority of the member states present agree with the
final draft of the convention, it is formally considered adopted. The adopted
convention is then sent to the Secretary General of the IMO who sends the
copies to all the member states.

For example:

 International Convention for the Safety of Life at Sea (SOLAS), 1974 was
adopted on 1 November 1974
 International Convention for the Prevention of Pollution from Ships (MARPOL)
was adopted on 2 November 1973
 International Convention for the Control and Management of Ships' Ballast
Water and Sediments (BWM) was adopted on 13 February 2004
Developments in shipping and other related industries are discussed by
Member States in these bodies, and the need for a new convention or
amendments to existing conventions can be raised in any of them.

The adoption of a convention marks the conclusion of only the first stage of a
long process. Before the convention comes into force - that is, before it
becomes binding upon Governments which have ratified it - it has to be
accepted formally by individual Governments.

The terms signature, ratification, acceptance, approval and accession refer

to some of the methods by which a State can express its consent to be bound
by a treaty.
Signature
Consent may be expressed by signature where:
 the treaty provides that signature shall have that effect;
 it is otherwise established that the negotiating States were agreed that
signature should have that effect;
 the intention of the State to give that effect to signature appears from the full
powers of its representatives or was expressed during the negotiations (Vienna
Convention on the Law of Treaties, 1969, Article 12.1).
IMO allows a certain period to the member state for showing their
acceptance to the convention by signature.

Signature subject to ratification, acceptance or approval

Most multilateral treaties contain a clause providing that a State may
express its consent to be bound by the instrument by signature subject to
ratification.

A State may also sign a treaty "subject to ratification, acceptance or

approval". In such a situation, signature does not signify the consent of a
State to be bound by the treaty, although it does oblige the State to refrain
from acts which would defeat the object and purpose of the treaty. This
means that the state wants to sign the convention but it must first be
accepted or approved by the parliament of their own state.

Ratification is the official way to confirm something, usually by vote. It is the

formal validation of a proposed law.
The instrument of ratification is a document, which must be signed by an
appropriate official of the respective national government, including the title of the
person who has signed it and its date and place of issue. The instrument of
ratification must be signed either by the Head of State, Head of Government, the
Minister of Foreign Affairs or an official with full powers to sign the instrument. This
signature validates the instrument of ratification.
This option of expressing consent to be bound by signature subject to
ratification, acceptance or approval originated in an era when international
communications were not instantaneous, as they are today.

It was a means of ensuring that a State representative did not exceed their
powers or instructions with regard to the making of a particular treaty. The
words "acceptance" and "approval" basically mean the same as ratification,
but they are less formal and non-technical and might be preferred by some
States which might have constitutional difficulties with the term ratification.

Many States nowadays choose this option, especially in relation to

multinational treaties, as it provides them with an opportunity to ensure that
any necessary legislation is enacted and other constitutional requirements
fulfilled before entering into treaty commitments.
Accession
Most multinational treaties are open for signature for a specified period of
time (Usually 12 Months).
Accession is the method used by a State to become a party to a treaty which it did
not sign whilst the treaty was open for signature.
Technically, accession requires the State in question to deposit an
instrument of accession with the depositary. It has the same legal effect as
ratification. Accession usually occurs after the treaty has entered into force.
The Secretary-General of the United Nations, in his function as depositary,
has also accepted accessions to some conventions before their entry into
force. The conditions under which accession may occur and the procedure
involved depend on the provisions of the treaty.

For Example:

Article IX of the International Convention for Safety of Life at Sea, 1974, has set the
conditions for Signature, ratification acceptance, approval and accession

SOLAS Article IX

Article 13 of the International Convention for the Prevention of Pollution from Ships,
1973 set the conditions for Signature, ratification acceptance, approval and
accession
MARPOL Article 13

Entry into Force

A convention would enter into force when a minimum number of member
states accepts it. The required conditions for this adopted convention to be
considered ratified are pre-agreed during the drafting process. These
conditions are in one of the articles of the adopted convention.

Related Post: What do you understand by Bill of Lading?

So after the participating state has accepted it as its national law

and expressed its consent to be bound by the instrument, then that particular
member state is one such country to have become the party to it in
accordance with the Articles of Convention.

For Example:
Article X of the International Convention for Safety of Life at Sea, 1974, has set the
conditions for Entry into Force.

MA
RPOL Article 13

SOLAS Article X

Similar is the case with MARPOL and any other Conventions.

Amendment
With fast change in Technology and techniques in the shipping industry these
days, not only are new conventions required but existing ones need to be
kept up to date.

As Mentioned earlier Amending a convention is not easy and the procedure

for the same is mentioned in the Articles of the respective convention.

Now let us consider SOLAS,

Articles of the International Convention for the safety of Life at Sea(SOLAS),

1974; Article VIII sets condition for Amendments

Similarly MARPOL and Other convention have the same procedure, you can
refer to Articles of the respective convention to know more about the
procedure for amendments.

Let us understand the above for SOLAS Convention,

As per Articles of SOLAS, 1974 the Convention can be amended in 2 Ways

1. Amendments after consideration within the Organisation

2. Amendment by a conference
Amendments after consideration within the Organisation
The proposal for amendments of a convention can be submitted by any
contracting states. The proposal is made to the secreatary general of the
IMO, who then circulates it to all members of the Organisation and all
contracting governments.This is done at least 6 months before its
consideration.

The above amendment is then referred to MSC (MEPC for MARPOL, like wise)
for review and draft a resolution for consideration. After the Resolution is
ready the Contracting Governments of states shall be entitled to participate
in the proceedings of MSC (or MEPC) for consideration and adoption of
amendments.

Now to adopt the Amendment

 At least one-third of the contracting governments should be present for

voting.
 At least two-third of the contracting governments present should vote in
favour of the resolution.
To explain this is simple terms, consider their are 27 contracting
Governments then at least 9 (one Third) Contracting Governments should be
present for voting and of these 9 contracting governments 6 (Two Third)
Contracting Governments should be in favour of the resolution.

Now amendments came into force only after a two thirds, had accepted
them. This normally meant that more acceptances were required to amend a
convention than were originally required to bring it into force in the first
place, especially where the number of States which are Parties to a
convention is very large.

This percentage requirement in practice led to long delays in bringing

amendments into force. To remedy the situation a new amendment procedure
was devised in IMO. This procedure has been used in the case of conventions
such as the Convention on the International Regulations for Preventing
Collisions at Sea, 1972, the International Convention for the Prevention of
Pollution from Ships, 1973 and SOLAS 1974, all of which incorporate a
procedure involving the "tacit acceptance" of amendments by States.

Instead of requiring that an amendment shall enter into force after being
accepted by two thirds of the Parties, the “tacit acceptance” procedure
provides that an amendment shall enter into force at a particular time unless
objections to the amendment are received from a specified number of
Parties before a particular specified date.

In the case of the 1974 SOLAS Convention, an amendment is "deemed to have

been accepted at the end of two years from the date on which it is
communicated to Contracting Governments..." unless the amendment is
objected:

 by more than one third of Contracting Governments, or

 Contracting Governments owning not less than 50 per cent of the world's
gross merchant tonnage.
This period may be varied by the Maritime Safety Committee with a minimum
limit of one year.

The "tacit acceptance" procedure has greatly speeded up the amendment

process. Amendments enter into force within 18 to 24 months, Compared to
tacit acceptance procedure, none of the previous amendments adopted to
the 1960 SOLAS Convention between 1966 and 1973 received sufficient
acceptances to satisfy the requirements for entry into force.

Amendment by a conference
When one third of the contracting governments have same opinion that a
convention needs to be amended, they put a request to the organisation. The
organisation shall then convene a conference of contracting governments to
consider the amendments to a convention.

To adopt this amendment by conference two third of the contracting states

present should accept the amendment, i.e., should be in favour. Now this is
a fastest way for an amendment to a convention, as one third of contracting
government have recommended and hence they will be present for
conference the second criteria of two third contracting governments should
accept also gets automatically satisfied, major would be voting/accepting the
amendment.

The procedure for amendment to have been accepted is similar to

'Amendment after consideration within organisation' above.

Protocol
Protocol are adopted when major amendment are required to be made to a
convention or when the Convention in adopted and not in force and is
required to be amended.

Now for a protocol:

 issue have to be a vital importance;

 change should be such that the existing phase of treaty/convention will be
altered.
For Example

The MARPOL Convention was adopted on 2 November 1973 at IMO. As the

1973 MARPOL Convention had not yet entered into force.The first treaty that
came in year 1973 prevented pollution by oil, chemicals and hazardous
substances in packaged form. However, the people involved revised the
treaty because of the series of tanker accidents that took place between
1976 and 1977. In response to a spate of tanker accidents the Protocol of
1978 was adopted. The 1978 MARPOL Protocol absorbed the parent
Convention. The combined instrument entered into force on 2 October 1983.

Resolutions
Resolutions are adopted by the key organs and committees of the
Organization. Resolutions are issued within official IMO meeting reports and
documents relating to the relevant committee or organ.
Important recommendations and ideas are drawn up as resolutions. They may
serve to explain and amplify a convention. They may also be used between
conferences when there is something urgent to communicate.

They are named as per follows:

 Assembly (A)
 Council (C)
 Maritime Safety Committee (MSC)
 Marine Environment Protection Committee (MEPC)
 Facilitation Committee (FAL)
 Technical Co-operation Committee (TC)
 London Convention (LDC, LC) and London Protocol (LP)
 Legal Committee (LEG)
For Example; a Assembly Resolution shown below:

Resolution A.1050(27)

The resolution number A.1050(27), Where;

 A is for Assembly, Resolution has been passed by Assembly

 1050 is the Resolution number. (Resolutions are listed by number, the most
recent resolution highest number to the earliest resolution lowest number.)
 27 is session information i.e., this resolution was adopted in 29th session of
the Assembly
Similarly for other Resolution adopted by committees of the Organization.
When Maritime Safety Committee conducts a Session more topic and
amendments are discussed or adopted, then a final report is made of the
Complete session and adopted Resolutions are included in the final report of
the Committee meeting. They may appear as an Annex to the meeting report.

Below is resolution adopted by Maritime Safety Committee at its 98th

Session and is Annex 9 of the actual report.

Code
IMO has adopted various Code over a period of time, like LSA Code, FSS Code,
FTP Code, IMDG Code, IBC Code, IGC Code and so on. Now why a code is
required?

Now let us consider you work in a Shipyard and are planning to make Ship say
a chemical Tanker. Then you will have to comply with SOLAS and MARPOL as
the main convention. Now, while planning you will also have to check what
should be the technical specifications of each equipment to be used.
But the technical details or standards are not mentioned in the SOLAS as this
will increase the size of the convention and will become difficult to
understand. IMO has prepared a Code for all the specific Equipment/purposes
and reference given for the same in the convention. So Code is a part of the
Convention.

A Code can be defined as Collection of laws or regulations pertaining to a specific

activity or subject.
For example: SOLAS Chapter III States "Not less than 12 rocket parachute
flare, complying with the requirements of section 3.1 of the code, shall be
carried and stowed on or near the navigation bridge"

Now in the above regulation it does not mention technical specification

required regarding the rocket parachute flare. This requirement is given in the
Code.

Extracts of LSA Code Section 3.1 regarding Rocket Parachute Flares

Similarly while planning a chemical tanker you will also need to understand
requirement with respect to tank coating, survival capability, Electrical
instrumentation, Venting criteria, cargo transfer arrangements etc which is
not mentioned in the SOLAS or MARPOL.

To conclude, In SOLAS various reference have been given to comply with the
requirements of the International Bulk Chemical code for a chemical Tanker,
and hence you will also have to refer to all technical specifications and
standards set out in the IBC Code when planning your ship.

Now we have got familiar with various IMO Law terms, now let us understand
these when it comes to national law (Contracting states)

How a Convention is made a National Law?

Now to make a Law a Bill is made. Ordinarily, it is in the form of a document
that outlines what the proposed law is to be and what the policy behind such
a law is.

A bill is essentially a proposal to make a new law.

The bill is presented to the legislature (law making body) where it will be
debated on, alterations made (if necessary) and voted on. If the majority of
the house of the legislature (or houses, where there is more than one house)
vote in favour of such a bill to be made into law - the bill is said to have been
'passed in the house/houses'.

In India, there are two tier of legislatures -

 the Union legislature and

 State legislatures.
The Union legislature, known as the Parliament, is authorised to make laws
for the whole of India (or a part of it), as long as the subject is within their
power to make laws, which is listed in the Union List of the 7th Schedule.

The State legislatures are also empowered to make laws for the state
concerned, as long as the subject is within their power to make laws, which
is listed in the State List of the 7th Schedule. Both the States and the
Union are empowered to make laws for subjects in the Concurrent List of the
7th Schedule.

If the Parliament passes a bill, it is sent to the President of India for his
assent. If he assents to it, the bill becomes an Act. In case of the bill passed
by the state legislature, it is sent to the Governor of the state concerned. If
the governor assents to the bill, it becomes an Act for the state which passed
it.

Sometimes, the legislature of the Union (or the State concerned) is not in
session and there is a need to make a legislation (Act) to deal with some
contingency which cannot wait. In such cases, the government sends a
proposal to the President or Governor, and if they approve of it, it becomes an
Ordinance. Legally, an ordinance is the equivalent of an Act; but is not passed
by the legislature. It is a temporary law till its expiry or till it is repealed or
till it is approved by the legislature (after which it becomes an Act).

So Law is anything that has the power to confer legal rights, obligations,
liabilities, etc. They could be:

 Provisions of all valid Acts, passed by the legislature

 Acts and codes from pre-independence India and still in force
 Ordinances passed by a Governor of a State or the President of India
 Decisions of the High Courts within their jurisdiction
 Decisions of Supreme Court for all of India
 Authorised orders, notices, rules, etc made by government bodies
 Customary codes that have the force of law and are not against public policy
Act
Act is the law that is passed by the legislature in other words legislation that
has been passed by both the Houses of Parliament and has been approved by
the President thus becoming a law and termed as ACT. Act is the intention of
law describing the applicability, definitions governing provisions and fines,
penalties and the way it is to be applied.

It is also called statute. However, most laws are not complete code in
themselves, i.e. certain provisions as to their application or enforcement etc
are deliberately left out by the legislature. That is where rules come into
picture.

Rule
Rules help govern a law. They are secondary in nature, in the sense they don't
have independent existence of their own. They are made to make the parent
Act work. The rules provide for the details that have not been provided for in
the Act, however Rules by no means can go beyond the power conferred by
the Act, or extend the same. In case of any contradiction in rules and act the
provisions of Act prevail and apply accordingly.

For example-

The Merchant Shipping Act, 1958 is an Act. An Act to foster the development
and ensure the efficient maintenance of an Indian mercantile marine in a
manner best suited to serve the national interests and for that purpose to
establish a National Shipping Board and a Shipping Development Fund, to
provide for the registration of Indian ships and generally to amend and
consolidate the law relating to merchant shipping.

The Merchant Shipping Rules, provide the details that have not been provided
for in the Act. Such as Merchant Shipping (Carriage of Cargo) Rules, 1995
which is as per Section 330, 331 and 332 with Sections 457 and 458 of the
Merchant Shipping Act, 1958 (44 of 1958). Same like Convention and Code we
discussed earlier.

Notices
Merchant Shipping Notices of a general nature on issues related to operation.
It is an advisory to large amount of people to know.

Circular
Circulars are internal memos that provide clarification on certain laws or
issues. They are often issued by the Ministry, Department or the Chief
Executive that is in charge and is commonly used to clarify certain aspects of
a law. It can also be followed by another circular if one is not enough to
clarify or in case another clarification is needed.

Finally to conclude in short, IMO conventions are set of rules which when
adopted by a country’s legal system, becomes law for that country. The
committees of IMO also communicates the interpretation, guidance and
clarifications for the conventions by the various time to time circulars.

7A & B) Already done