Day 3 Flashcards
(23 cards)
Regulation for OLB
IMO –> SOLAS ChV Reg 28
ALL Ships engaged on international Voyages shall keep onboard a record of navigational activities and incidents. They must take into account the recommendations adopted by the organization.
MS Regulation (Reg2) 1981
An OLB is required to be carried by every ship registered in the UK shall not apply to:
- Ship belonging to General light house authority
- Less than 25gt
- Pleasure yacht
Who is authorized in the OLB
Must be made by the person or by one of the persons. Or by a person authorised by any such person (Column 2)
Can persons not the master sign
Yes, as long as not stated ‘master in person’ then other people may sign on.
Or if the master is indisposed
When do you return an OLB
The master shall have 48hrs to return the OLB once a vessel first calls at a port 6+months after the first entry (ETA+ETD) (ENTRY 7)
Define a SEA
ILO –> MLC 2006
Seafarers Employment Agreement
Shall in all cases contain:
1. ROLE - the capacity in which the seafarer is to be employed
2. WAGE - The amount of the seafarers wages
3. LEAVE - The amount of paid annual leave
4. TERMINATION - Termination of the agreement and the conditions
5. REPARTIATION - The seafarer’s entitelement to repap
RWLTR
Ronald McDonald Likes To Row
Explain the parts of DMLC
PART A/I - MANDATORY
PART B /II- GUIDELINES (NOT)
Commercial (CERTS)
500gt+
International voyages
Operating in another country (Not domestic)
A/I: Surveyor outlines laws and regulations according to international and UK laws. What is the vessel required to do
(Minimum age, Hour of Rest, Manning levels, medical cert…)
B/II: Completed by the shipowner and approved by the surveyor. Procedure for ongoing compliance with the MLC addressing the 16 items in the scope of inspection
What are the HoR
10 in 24
6 max
2 parts
77 in a week
HoW (72 in a week) but member state which rules to follow
Define Standard Time Charter
A contract between the CHARTERER and the YACHT OWNER by which the CHARTERER hires the vessel from her OWNER either for a CERTAIN LENGTH OF TIME or for a certain voyage
CHARTERER:
1. Pleasure of the guests
2. Yachts full disposable (Accom)
3. Choose ports and itinerary
OWNER
1. Responsible management, crew, maintenance, running costs
MYBA: Med Yacht Broker Association
- Commercially certified (LY3 or Merchant Shipping Legislation)
- Athens Convention
- MYBA (to charter)
Owner:
1. Master = Owner Rep
2. Oh hire survey not needed
3. Seaworthiness = Master
HIRE = DAILY RATE
Define Bareboat Charter
Bareboat / Demise
Charterer = Disponent Owner
Charterer can exercise all the righs of the owner except that which compromises the owners title to her
Owner can not interfere
- No standard contract comparable to MYBA
- Owner has the right to include a list of excluded countries or locations
(STC will list a voyage area) - Major structural changes w/o prior consent from the owner
- Charter applies for registration Pt4 of UK shipping register. Hires crew, certs, applies ISM code
Who needs an On Hire Survey
STC - Don’t need one, it is covered under seaworthiness. However some individuals/companies may opt for one
Bareboat/Demise:
When = Before
Where = All areas
Who = Both parties
Why = To confirm the vessel is seaworth and to prevent parties from missing out
Completed, Responsibility = Charterer
Defencies, who = Owner
Bareboat –> Chooses Surveyor
Owner –> Amends or reduces premium
Explain the differences with STC and bareboat ( TABLE)
STC:
ISM = O
Manning = O
Fuel = Charterer
Wages = O
Spares and surveys = O
Port/Pilotage Costs = C
Port Tax / Tonnage = O
Maritime Lien (Arrested) (Port infrastructures) = O
Accident Liability = O
Bareboat Charters:
ISM = BC
Manning = BC
Fuel = BC
Wages = BC
Spares and surveys = BC
Port/Pilotage Costs = BC
Port Tax / Tonnage = O
Maritime Lien (Arrested) (Port infrastructures) = O
Accident Liability = BC –> Owner (Maritime Lien)
Maritime Lien = Claim against property to satisfy debt
In rem = What the claim is called
Can a bareboat chartered vessel be private
Yes, It can operate privately. Hiring the boat is not deemed commercial operation.
Define towage
As the employment of one vessel to expedite the progress of another
Typically tug is making a promise that the vessel, her crew and equipment is capable of towing a vessel in foreseeable conditions
Vessel, to be towed, is not able to travel by its own power but is not in danger
Define Salvage
V - VOLUNTEER the salvor must
S - SUCCESSFUL they must be
P - MARITIME PROPERTY (Aero planes, hovercraft are included, oil rigs attached to sea bed are not)
D - DANGER, the property must be in danger at the time of render and must be real
S - SEA , it must be rendered at sea
Typically from common law 1-30%
Self risk>Other risk
No legal liability to save property
Could claim under sue and labour
P&I club could be used
Define Salvage (Sentence)
International convention of Salvage 1989
under Admiralty law salvage is a voluntary service which successfully saves or assists in the saving of maritime property in danger of being lost at sea
Italian
Define contractual salvage
A contract is made prior to commencement of salvage operations, the amount of compensation is fixed and the salvageis paid regardless of the success.
Costa Concordia
1/2 upfront
1/2 Success
Typically has been replaced with wreck removal
Define Pure Salvage
When a ship or a boat is salvaged without prior agreement between the owner and salvor or an agreement is made but not for a fixed amount, but to be decided later
Abandoned
Crew not in a state to negotiate
Common Law Salvage
Open form with no fixed compensation (No Court!)
Define LOF
Lloyds Open Form
The salvor recieves a salvage award, which is a proporition of the salved value (Total cost of ship)
NO CURE NO PAY
How is arbitration decided amount
Total
- Pollution
- Success
- Danger
- Skills
- Expenses
- Risk
- Speed
- Opportunist/Professional
- Readiness of Equip
What is SCOPIC
Special Compensation of P & I Club
Minimize damage to the environment
100% out-of-pocket expenses
25% of bonus
Applying salvage to UK flagged
MSA 1995
Master has authority to conclude contracts for salvage operations on behalf of the owner of the property onboard
SOLAS
Not prevent the master from saving lives
What states Master Authority
SOLAS V Ch9 –> ISM Code
Company should ensure that the SMS contains a clear statement ephasizing the master has the overriding authority.
Master Discretion = Flag state
Overring authority = Company/ SMS
Steps to engage in salvage
Establish comms
Details of vessels
Capable
Place of safety
Currency
LOF = Latest version
Clear and unambiguous statement of agreement
3rd party witness
