Master Yachts | Business and Law Flashcards
(221 cards)
1
Q
MARPOL
List the Annexes to MARPOL.
A
Annex 1 - Regulation for the Prevention of Pollution by Oil
Annex 2 - Regulation for the control of Noxious Liquid Substances in Bulk
Annex 3 - Prevention of pollution by harmful substances carried in package form
Annex 4 - Prevention of Pollution by Sewage from Ships
Annex 5 - Prevention of pollution by garbage from ships
Annex 6 - Prevention of air pollution from ships
2
Q
LAW
What are the differences between civil law and criminal law?
A
Civil law: protects the rights of citizens e.g. marriage, contract, neighbours etc. Imposes punitive damages.
Criminal law: offenses against society e.g. murder, stealing. A criminal act against a person or property which is detrimental to society.
3
Q
Define negligence.
A
Failure to exercise care that a reasonable person would exercise. People are to act with care taking into account potential harm they may cause.
4
Q
Define Duty of Care and state precedent as an example.
A
To take reasonable care to avoid acts or omissions that may foreseeably harm others.
Donoghue v Stevenson
5
Q
An example of Vicarious Liability.
A
An employer can be liable for the negligence of an employee acting in the course of employment.
6
Q
What is the role of the MCA?
A
The MCA implements governments maritime safety policy in the UK, to prevent loss of life. It provides 24 hours SAR, certification for seafarers and ship registration.
7
Q
What is the role of the MAIB?
A
MAIB investigates all types of incidents occurring on and to UK vessels, and within UK territorial waters. The objective is to find cause with aim of avoidance and improving safety of life at sea.
8
Q
What is the importance of the Merchant Shipping Act 1995?
A
Most important maritime law in the UK
9
Q
What are Statutory Instruments?
A
They are delegated or secondary legislation in the UK. They are numbered sequentially and include the year, and made available to the public to access online.
10
Q
What are MSN - Merchant Shipping Notices?
A
Mandatory information according to UK legislation relating to statutory instruments.
11
Q
What are MGN - Marine Guidance Notices?
A
Offer advise and guidance for the safety of life at sea and the prevention of pollution.
12
Q
What are MIN - Marine Information Notices?
A
For a limited audience, such as; training providers, equipment manufacturers, containing information for a limited period.
13
Q
Which yachts must keep an OLB - Official Log Book?
A
Every UK registered vessel of 25GT and over, except pleasure yachts.
14
Q
If OLB entries are long, what other means for making the entry can be applied?
A
An annex can be created with an entry on the OLB referring to the annex.
15
Q
What is the process for cancelling or amending an entry in the OLB?
A
Entries cannot be cancelled or amended, an additional entry must be made stating the first one has been cancelled or amended.
16
Q
When should an OLB be closed?
A
Periods not exceeding 12 months, or when the crew agreement has been terminated.
17
Q
If OLB has been completed, what should be entered into narrative section of new OLB?
A
Statement saying the new OLB is a continuation of the previous OLB.
18
Q
Why is it advised to keep a copy of the Official Log Book Merchant Shipping Regulation (1981)?
A
It is a criminal offense not to make record of events and circumstances as detailed in the regulation. Also, for practical purposes for the Master to have an appreciation of what events and circumstances should be recorded.
19
Q
State nature of entries in narrative section of OLB.
A
Change of Master, illnesses, accidents, demotions and promotions, annexes to OLB, safety committee meetings, complaints.
20
Q
Which vessels must comply with REG Yacht Code, Part B?
A
Red Ensign vessel yachts that carry more than 12 but not more than 36 passengers, in private or commercial use, and do not carry cargo.
21
Q
Which vessels is the International Load Line Convention applicable to?
A
Over 24m and in commercial use.
22
Q
What is the purpose of the Load Line certificate?
A
Generally it relates to incline test and stability. It is used to determine maximum draught and bow height, and how it is marked on the hull.
23
Q
What is a SOLAS Combined Safety Certificate?
A
It combines SEC, SRC and SCC, for vessels 500GT and over, and is for passenger vessels.
24
Q
What is the purpose of a Safe Manning Document?
A
For the safe operation of the vessel under normal circumstances.
25
Which vessels shall obtain a Manning document and according to which regulation?
All commercial vessels 500GT and over, according to SOLAS chapter V.
26
Which equipment is surveyed for maintaining the IAPPC?
Selective catalytic reduction (SCR) for marine diesel engines; Exhaust gas cleaning; Shipboard incinerators.
27
Ozone (GHG gases) depleting substances are banned under which MARPOL Annex?
Annex VI. Deliberate emission of ozone depleting substances is prohibited.
28
# MARPOL
Which certificates are issued under MARPOL Annex VI?
IAPP & IEEC
29
# EMPLOYMENT
What sections are to be included in a crew agreement?
Outer cover (vessel description, cruising areas, date place of employment, official number etc), Contractual clauses, Lists of crew, Lists of young persons.
30
By signing the crew agreement and SEA, what are seamen agreeing to?
Merchant Navy Code of Conduct.
31
What type of vessel is a crew agreement not applicable to?
Pleasure vessels engaged in Coastal voyages, and, vessels where not more than 4 receive wages.
32
Which MGN provides an example of a non-MLC 2006 crew agreement?
MGN 474
33
Which contract of employment prevails - crew agreement/seafarers employment agreement, or other company contract/similar document?
Crew agreement/Seafarers employment agreement
34
If a seafarer has a medical condition according to the ENG 1, which course of action should be taken?
Competent officer to consult doctor or medical practitioner to confirm the function the seafarer cannot perform - date and name recorded.
35
# EMPLOYMENT
What must be verified prior to crew member signing SEA?
Age, certificates, medical certification, crew lists signed.
36
The UK Masters guide states minimum details to be maintained on crew lists, what are they?
Name and IMO of ship
Name and address of owner
Reference number for seafarer - same as whats in the SDB
Next of kin
Reason for discharge
Date commenced onboard
Date and place of leaving ship
Signatures
37
Copy of the crew list must be sent where?
To the owner at his UK address
38
When terminating an agreement it should be not less favourable than the Employment Rights Act 1996 - what are the exceptions to this?
- Mutual Consent
- Medical evidence produced where the seafarer is unable to continue carrying out their duties
- If in opinion of Master the seafarer will endanger the ship and persons onboard
- the seafarer is absent
39
Define 'passenger'.
Any person except; anyone employed or engaged in the business of the vessel, any persons it could not have been prevented them being onboard, child under 1 years of age.
40
Do 'trainees' require a SEA?
They should have an SEA, however, certain provisions will not be easily applied. Training agreement maybe with trainer or sponsor, rather than agreement with shipowner.
41
What are the obligations of the employer concerning repatriation, according Merchant Shipping Act Section 73?
Owner/employer must maintain seaman until repatriation complete, clothing and personal necessities at expense of owner, sufficient money for minor ancillary expenses, seaman entitled to legal aid for criminal proceedings within scope of employment.
42
What is the procedure when a seafarer dies at sea?
- Make record in OLB
- Complete form MSF 4605 (RBD 1)
- Family to be notified
- Employer must pay for burial/cremation and expenses if deceased not returned to family - employer is not legally obligated to return deceased home.
43
Financially, what is the procedure for incapacitation of seafarer, due to illness and discharge to hospital?
Employer must secure payment for surgery, dental, optical treatment if cannot be postponed without impairing efficiency.
44
When is the UK employment law (Employment rights act 1996) applicable to seafarers?
Vessel's registered home port must be in UK, seafarers doesn't work wholly outside of UK, he/she is a resident of the UK. There are exceptional circumstances where a seafarers can be covered under UK law when the vessel is registered elsewhere.
45
What does the Merchant Navy Code of Conduct set out to do? What is its overriding objective?
The code sets out disciplinary rules reflecting the standards of behaviour expected of all seafarers. Observing the code will make the job a better and more rewarding experience and secure the safety of all onboard.
46
Breaches of discipline must be backed up by sanctions; what may these be?
Various grades of warnings (informal, formal, written warning and final written warning), dismissal.
47
List reasons for dismissal by gross misconduct.
Assault, wilful damage, possession of weapons, conduct endangering vessel and persons, disobedience of a lawful order, persistent failure to perform duties, breach of company rules, failure to report to work, sleeping when on duty, behaviour of an unsafe manner, conduct of a sexual nature, smuggling, prior warnings considered.
48
When a warning is given what must the seafarer be advised of?
The consequences of further breaches, and he may also be informed of the lifespan of the warning, if one has been applied.
49
If a disciplinary meeting is held, what is the process and what are the outcomes from the meeting?
- Seafarer can be accompanied by colleague
- He can call relevant witnesses and question other witnesses on their evidence
- Seafarer should be invited to say whether or not they admit to the allegations (if admitting, hearing moves to decide penalty)
- After hearing, person conducting will give a ruling
- Seafarer provided with written notification of the hearing and outcome
- Seafarer will be told how long a warning will remain current
- Consider no. 30, OLB entry from Merchant Shipping Regulations (OLB) 1991
50
State how the Merchant Navy Code of Conduct applies during an emergency.
In an emergency, Master and officers are entitled to immediate and unquestioning obedience of orders. Failure will lead to dismissal from vessel due to serious breach of the code - it may also warrant prosecution.
51
What is 'unfair dismissal'?
Refers to Employment Rights Act 1996 - every employee has the right to not be 'unfairly dismissed'. Employer must show reasons to prove dismissal was fair.
52
Define 'wrongful dismissal'
This is when the employer has broken the terms of the employees contract in the dismissal process.
53
What is 'constructive dismissal'?
This is when an employee resigns because an employer breached their employment contract. e.g. cut in wages, forced to work in dangerous conditions, moved to a different location at short notice, unlawfully demote them.
54
What remedies exist for 'unfair dismissal?
In the UK the employee will be entitled to take the company to an employment tribunal - must be within 3 months from the grievance. Explore other solutions such as; using grievance procedure, hiring a mediator, using a trade union, getting legal help/advise
55
Load Line conditions of assignment is issued with what other documents?
Load Line certificate and Stability booklet
56
What does the Load Line conditions of assignment contain?
Contains information used to calculate freeboard and stability criteria - dimensions of vessel, specifies all openings and hatches which were examined.
57
What stipulations are contained within the Load Line conditions of assignment?
Conditions which must be satisfied before every departure - if conditions not complied with or are incorrect, the vessel must not sail.
58
What are the requirements for yachts under 500GT, commercially operated, in having a Safety Management System?
It is a requirement for these yachts that are part of the red ensign group, as per REG Yacht Code, Chapter 23A
59
Define 'Pleasure Vessel'.
Used for sport or pleasure; owner not receiving any money for its operation or carrying passengers; if owned by individual, for use of owner and immediate family and friends
60
Define 'Vessel Engaged in Trade' (not including passenger yachts)
Not carrying more than 12 passengers; must be classed if over 500GT; commercial yacht being any yacht engaged in trade.
61
Define Passenger and what are the exceptions?
A passenger is any person onboard, except employed or engaged in the business of the yacht. Also, exception also extends to shipwrecked persons or persons onboard whereby the Master could not have prevented, and child under 1 years of age.
62
What does article 98 of UNCLOS 1982 state concerning rendering assistance at sea?
Ships must render assistance to any person found at sea and in danger of being lost. They must proceed with all possible speed if informed of the need of assistance.
63
Which SOLAS regulation states the requirement to log distress calls and reasons for not responding?
SOLAS Chapter V, Regulation 33
64
When is a Master released from obligation to respond to distress call?
Upon learning other ships have been requisitioned and own ship has not. Also, when informed by SAR or Master of another vessel responding that assistance is not required - entry into log book must be made with reasons for not responding
65
Summarise what the Merchant Shipping Act 1995 states about rendering assistance following a collision.
Master must render assistance without danger to own ship and crew, to save others from any danger, and to stay by other ship until no need of further assistance. Master to provide names of port going to and from.
66
When sending text messages to coastal stations in the event of an emergency, what shall prefix the messsage?
'XXX' or ‘SOS’
67
What is the primary, and secondary concerns when involved in a collision?
Primary concern is the safety of life: crew and passengers of BOTH vessels. Secondary is pollution prevention, the protection of the environment.
68
If vessels are interlocked after a collision, what considerations should there be concerning a case of separation?
Will it; cause ignition, reduce buoyancy, cause a larger spill, endanger other traffic?
69
What is the definition of a 'Marine Casualty' and provide some examples?
An event that occurred directly in connection with the operation of the ship resulting in: death, serious injury, loss of person, material damage to ship, ship being unfit to proceed to sea, pollution.
70
Define 'Serious Injury'.
Unable to perform duties for 72 hours, or requires admittance to a hospital (or medical facility) exceeding 24 hours.
71
Define 'Marine Incident' and provide examples
An incident that does not meet the criteria to be classed as Marine Casualty e.g. close quarters situation where action has been taken to avoid a collision, an event that had potential for serious injury, a fire that did not result in damage, unintended temporary grounding.
72
Who is responsible for sending a report following and accident?
Master and ship owner.
73
Following an accident onboard, who shall this be reported to?
Harbour authority, MCA for accidents in UK waters, ships Safety Officer for follow up investigation.
74
What follow up actions should occur to a marine incident?
Follow up actions should include conclusions of onboard examination, covering cause, actions to avoid reoccurrence, what action has been taken or recommended - this should be signed by the Master.
75
Following an accident, what are the initial steps the Chief Inspector at the MAIB takes?
Obtains information from the vessel to determine if further investigation is warranted. Decision to investigate further made to determine cause and circumstance. Here it is decided whether to continue with full investigation or stop proceedings.
76
Following an investigation by the MAIB, would the disclosure of personal details for those involved be disclosed?
No, unless a court decides otherwise.
77
After completion of an investigation by the MAIB and publishing of the report, how are the findings promulgated to the public and persons involved?
Recommendations can be made to specific persons or organisations, it is expected that they respond with action to take and have taken to prevent reoccurrence. Short reports may also be published publicly of lessons learnt, call Safety Digests
78
What section of the Merchant Shipping Act 1995 refers to breaches concerning MAIB investigations?
Section 260
79
Master has a duty to report which 6 dangers to navigation, according to SOLAS Ch V, Reg 31?
Dangerous ice; Dangerous derelict; Air temperatures below freezing; Winds of force 10 and above for which no storm warning has been received; Tropical storm not yet reported; Any other danger to navigation.
80
Dangers to navigation communication should be by all means and contain details as stated in which SOLAS regulation?
SOLAS Ch V, Reg 32
81
Who has responsibility on the bridge for navigation when a pilot is onboard?
In non-compulsory pilotage situations, the Master retains absolute responsibility. The Master delegates tasks to the pilot who acts much like another crew member who has been delegated tasks.
82
In compulsory pilotage, who is ultimately liable for the decisions that are made?
The pilot is liable for the navigation of the ship, unless relieved of this role by the Master. It would be expected however that the pilot receives the full support of the crew and Master whilst performing his navigational tasks.
83
In compulsory pilotage, can the Master relieve the pilot of his duties?
Yes, but he must prove the pilot incapable of carrying out his duties.
84
If an accident occurs whilst under pilotage, who is responsible under civil law for liability compensation?
The owner.
85
Master can be criminally prosecuted for commencing a voyage in unseaworthy and unsafe vessel, under which statute?
Section 58, Merchant Shipping Act 1995
86
Can Port State detain a yacht and prosecute a Master if a vessel is deemed unsafe and unseaworthy?
Yes, the vessel can be detained and the Master criminally prosecuted.
87
Under which laws can crew, passengers seek compensation for loss?
Civil law.
88
Does holding valid statutory certificates deem a vessel as seaworthy?
No, they can only attest to the matters for which they relate to at the time of survey. A ship's seaworthiness is not always a matter of fact, the courts will usually decide considering the validity of statutory certificates as evidence.
89
What factors can be taken into consideration when assessing the seaworthiness of a ship?
LSA FFE, machinery and equipment, manning and health of crew, how familiar the crew are, nature and length of voyage, time of the year, state of the hull.
90
Can a state impose manning requirements when a ship is in its territorial waters?
Yes, although a minimum safe manning document is generally accepted.
91
What are the SOLAS requirements concerning Safe Manning?
Required for all ships on international voyages, 500GT and over, commercially operated. Manning scale is to be set by the flag state on an individual ship basis, case by case.
92
Can a ship reduce manning when it is laid up, and if so, under what conditions?
Yes, manning can be reduced subject to the following notifications: risk assessment; arrangement with harbour master; appropriate insurance; management of vessel; consult Masters guide.
93
List the principles of safe manning.
Safe navigation; moor an unmoor; manage safety functions; perform operations for the protection of the environment; provide medical care; inspect and maintain structural integrity of the ship; operate LSA/FFE; operate main propulsion and auxiliary equipment; crew training; food and water provisioning and preparation
94
What is the regulation as per SOLAS that addresses Safe Manning?
SOLAS Ch V, Reg 14
95
If there has been a change in equipment, structure, operating area, what must occur in reference to the Minimum Safe Manning Document?
A new proposal must be submitted otherwise the document can be withdrawn by flag state.
96
What is the purpose of MLC 2006?
To bring existing labour standards closer to the seafarers concerned.
97
What are the five titles of MLC 2006?
Title 1: Minimum requirements for seafarers to work on a ship.
Title 2: Conditions of employment.
Title 3: Accommodation, recreational facilities, food and catering.
Title 4: Health protection, medical care, welfare and social security protection.
Title 5: Compliance and enforcement.
98
What are the MLC 2006 hours of rest regulations, regulation 2.3?
Minimum 10 hours rest in any 24 hour period. Minimum 77 hours rest in any 7 day period. Rest can be divided in to no more than 2 periods, one of which must be a minimum of 6 hours duration.
99
Can exceptions be made to breaching minimum hours of rest regulations?
Yes, in cases of emergencies, and contractual collective agreements whereby long leave periods exist. This may result in minimum hours of rest being reduced to 70 hours in any 7 day period.
100
Does being on call count as work hours according to MLC 2006?
No, but if he is called out to work this will count and compensatory rest should be provided.
101
How long should hours of rest records be maintained?
1 year
102
# SECURITY
List the key functions to the ISPS code.
1. prevent dangerous items being brought onboard.
2. Identify restricted areas
3. prevention of unauthorised personnel
4. Responding to instructions from contracting governments
5. procedures for evacuation to security threats
6. procedures for auditing
7. interfacing with ship and port facilities
8. training
9. periodical reviews
10. identification of SSO and CSO
11. maintenance of security equipment
12. duties of shipboard personnel
13. SSAS locations and procedures
14. procedures for reporting security incidents
103
# SECURITY
What are the objectives/aims of the ISPS code?
1. To establish an international framework involving contracting governments, agencies, administrations etc to detect/assess security threats and take preventative measures against security incidents affecting ship and port facilities used in international trade.
2. Establish roles and responsibilities.
3. Exchange of information.
4. Methodology for security assessments, to have in place plans and procedures for reacting to a change in security levels.
5. Ensure confidence that adequate and proportionate security measures are in place
104
# SECURITY
Define ISPS MARSEC level 1.
Normal - level at which the ship or port facility normally operate. Minimum protective security measures are in place.
105
# SECURITY
Define ISPS MARSEC level 2.
Heightened - for as long as there is a heightened risk of a security incident. Additional security measures shall be maintained.
106
# SECURITY
Define ISPS MARSEC level 3.
Exceptional - level applying when there is a probable or imminent risk of a security incident. Further specific protective measures shall be maintained.
107
# SECURITY
What is the difference between 'stowaway' and 'attempted stowaway'?
A stowaway is a person that has been secreted onto a ship without Masters or owners consent and is detected after the ship has departed. An attempted stowaway has been detected prior to the ship departing.
108
# SECURITY
What should the SSP identify according to each security level, to prevent unauthorised access to the ship?
All access points, such as; mooring lines, doors, hatches, gangways, boarding ladders, cranes.
109
# SECURITY
What UN convention states how stowaways are to be treated?
The UN convention relating to the status of refugees.
110
# SECURITY
UK MSN 1704 outlines the government policy on the carriage of firearms onboard UK ships, in summary, what is the policy?
Firearms only to be held for the human killing of animals.
111
# SECURITY
Is it acceptable to contract armed personnel for security reasons, what are the considerations?
1. Full risk assessment
2. Ensure reputable and suitable PSC (private security contractor) is contracted
3. Master maintains complete authority.
4. Storage and handling of firearms.
5. Counter piracy plan.
6. Only in exceptional circumstances and where it is lawful shall engagement be accepted.
112
# SECURITY
Which areas on the yacht should be considered as a restricted area, and listed in the SSA and SSP?
- bridge
- engine room
- steering compartments
- crew accommodation
113
# SECURITY
What precautions can be taken when entering areas that are known for piracy and armed robbery attacks?
- accept convoys if offered
- route yachts away from known areas
- maintain vigilance, increase lookouts, lookouts on stern
- use CCTV when at anchor
- be mindful of decoy craft
- use SSAS
- black ships out when underway at night, and turn lights on if under attack
- designate a secure area on board
- evasive manoeuvring
- option to use fire hoses
- alarm signals can be sounded to approaching craft, particularly the ships horn
114
# SECURITY
What are the defined High Risk Areas, as they are currently?
North and east coast of Somalia, extending out to southern coast of Yemen.
115
What is Article 13 of the International Convention on Salvage?
A reward that is fixed to encourage salvage operations. Payment by salved vessel proportionate to salved value. Rewards shall not exceed salved value of vessel and property.
116
What does the SCOPIC clause replace with a tariff system?
Article 14 of the International Convention on Salvage
117
What is the purpose of Article 14 of the Salvage convention?
If salvage operations have failed to earn a reward under article 13, the salvor may be entitled to special compensation under article 14 if salvage operations had prevented or minimised environmental damage.
118
What are the main differences between Article 14 of the Salvage Convention and SCOPIC?
Article 14 is only applicable when there is a threat to environment, and occurs on inland and coastal waters.
119
Who can invoke SCOPIC?
The salvor
120
What are the advantages to owner and P&I clubs on using LOF?
No doubt to nature of service; no need to haggle over terms; property is not seized; uplift capped at 25%,
121
What are the advantages to salvors using LOF?
1. No doubt to nature of service being offered
2. Owner agrees to put up bail thus property need not be seized.
3. Agreement gives salvor right to proceed against the owner.
4. Agreement allows salvor ro obtain expenses before reward determined.
122
Does the LOF need to be signed by both parties when used?
No, it can be verbal agreement; advisable to have witnesses to conversation (e.g. another vessel listening in on VHF). It is advisable however to have both parties sign the LOF.
123
The formal elements to a salvage claim include; must be marine peril placing property at risk of loss or deterioration; what are the other two elements?
1. Salvage must be voluntarily rendered
2. Salvage must be wholly successful or in part.
3. Must be marine peril, in danger, placing property at risk
124
Is a salvage claim against the property or owner?
The property - if the vessel is not saved there is no asset upon which a maritime lien can be pursued.
125
In Lloyds Open Form, it is vital the place of safety is specified, why?
As this can determine whether the salvage is deemed 'successful'
126
What does the 'place of safety' refer to in LOF?
It is an agreed place between the salvor and owner that the vessel is to be taken to - normally the closest port or harbour.
127
Who has authority to accept a salvage?
Master has complete authority, even if owner disagrees. Coastal states, in accordance with the International Convention on Salvage can also order a vessel to accept assistance for the protection of the coast from pollution.
128
What does 'derelict' mean according to Merchant Shipping Act 1995?
It means a wreck found at sea or in any tidal waters. The first salvor to take charge of a derelict (abandoned at sea) has the right to control.
129
The salvor will owe a duty to the owner/Master of the vessel, what does this mean?
Salvor shall carry out salvage with due care, seek assistance from other salvors if reasonably required, and accept intervention from other salvors if reasonably requested by owner/Master.
130
Owner/Master of stricken vessel shall owe duty to the salvor, what does this mean?
To cooperate full with the salvor, exercise due care, to render assistance so far as reasonably practicable without endangering the vessel and persons.
131
What is the difference between towing and salvage?
Salvage is the rescue of a vessel from the perils of the sea, when there is an imminent danger to life and/or the environment. Towing is less expensive and can be used when a disabled vessel is not in imminent danger.
132
What are two advantages for a towage contract for shipowners?
1. Remuneration and time agreed at outset.
2. Obligations between parties are regulated by a contract
3. It is only to expedite ship with no element of danger
4. Shipowner and salvors expect a proper salvage contract, such as; TOWCON
133
What are four advantages for owner using LOF?
1. Swift agreement on contractual terms when vessel in distress.
2. Costs can be determined later by arbitration
3. Master can focus on other procedures and allow salvors to take charge
4. No cure no pay
5. Shows due diligence by owner to save property and avoid pollution
134
What are four disadvantages for owner in case of LOF?
1. Costs can be extremely high
2. Salvors may opt for SCOPIC instead of articles 13 and 14
3. The owners will have to rely completely on the skills of the salvors
4. Master can sign LOF with salvor when it may have been possible to utilise shoreside experts to resolve technical problem and choose a more appropriate salvage agreement - LOF may not be used for minor casualties.
135
List 17 documents required for arrival in a UK port.
1. Certificate of registry
2. Crew effects list
3. Stores list (food and bar)
4. Ship sanitation certificate
5. Maritime declaration of health
6. NIL list
7. P&I certificate
8. Pilot card
9. Clearance from last port
10. ISSC
11. Crew and passengers ID
12. Clearance form
13. Cargo manifest
14. Garbage record book
15. Ports of call list
16. Vaccination certificates
17. Immigration cards
136
When shall a report to the Port Health Authority be made if a death has occurred onboard, or there is a suspected infectious disease case?
Not less than 4 hours before arrival, and not more than 12 hours before arrival
137
When a vessel is requiring 'pratique' health clearance as they have answered negatively in Maritime Declaration of Health, what signals may be flown?
QQ flag signal, and at night, red over white lights.
138
When must a Q flag be flown and what does it mean?
When entering territorial waters that require permission, the Q flag is to be flown which will impose restrictions on movements of crew and passengers. Once clearance has been given, the Q flag can be lowered.
139
What is the role of the International Maritime Declaration of Health?
To ascertain if there has been any deaths, cases of infectious disease, plague amongst rats or mice, any sick persons onboard, cases of the plague/cholera or yellow fever.
140
What elements are inspected when renewing a Ship Sanitation Certificate?
BWM records, Garbage records, Sewage records, Potable water management, Food safety systems, Pest control, Medical log, Maritime declarations of health.
141
What is UNCLOS?
United Nations Convention on the Law of the Sea. 12nm from territorial coastline, nations can determine laws and regulate use. Vessel provided innocent passage - nations may suspend this for security reasons.
142
Define the 'High Seas'
Waters beyond limits of national jurisdiction whereby vessels have freedom of navigation.
143
What is a flag states obligation under customary maritime law?
To exercise it's jurisdiction and control in administrative, technical and social matters. UNCLOS imposes duty on flag state to observe international regulations. This is achieved by the flag state issuing safety certificates to indicate compliance with the conventions.
144
What are the obligations of port state under international law?
Port state can regulate activity in its territorial waters as they do on land. For western EU states, the PARIS MOU was agreed to maintain a system to ensure foreign flagged vessels comply with the standards of the conventions.
145
Criminal jurisdiction can be determined in many ways, what may these be?
- Type of crime
- Nationality of crew
- Flag of vessel
- Geographic location crime was committed and of the vessel.
146
UNCLOS states all ships have right to innocent passage through territorial seas, what does this mean?
Passage is innocent and not prejudicial to the states peace. Passage shall be continuous and expeditious, but may include stopping and anchoring if incidental to navigation, rendering assistance, distress, or force majeure.
147
Can the coastal state adopt laws to regulate traffic in its territorial waters, according to UNCLOS?
Yes, in conformity with the UNCLOS - foreign ships must comply with these laws and regulations even when on 'innocent passage'.
148
What is the defining role of Port State Control organisations?
To prevent access of sub-standard ships to their territorial waters. It is a means of enforcing IMO and ILO conventions where the owner and flag state have failed.
149
What forms do PSC officers issue after an inspection?
Form A for a clean inspection, and Form B for those with deficiencies.
150
MOU's implement positive discrimination; what does this mean?
Rewards serious shipping companies and punishes those where IMO and ILO conventions have not been implemented.
151
How is it determined when a vessel is due a PSC inspection?
Parameters are used to calculate a risk profile; age of ship, flag state, RO, history, company, type of ship.
152
What are the three PSC risk profiles assigned to ship's, calculated on a daily basis, and what are the expected inspection periods?
1. HRS - High risk ship, 5 to 6 months
2. SRS - Standard risk ship, 10 to 12 months
3. LRS - Low risk ship, 24 to 36 months
153
What advantages are there for ships registered to the UK flag in Cardiff?
The ship will have the protection of the Royal Navy, and assistance from UK consular services worldwide.
154
For what reasons would the UK flag refuse or cancel a ship being registered?
When they are deemed to be unsafe, a pollution risk, owning company has gone bankrupt, owner no longer satisfies the requirements of the registry.
155
What is the difference between a red ensign that has not been defaced, and those that have?
Those that have been defaced belong to British possessions (Crown Dependencies and British Overseas Territories) - ships registered as United Kingdom ship will have a red ensign not defaced.
156
Which ships are entitled to fly the blue ensign?
Ships and yachts whose officers and crew include a number of retired Royal Navy personnel or reservists. And, yachts belonging to members of certain long-established British yacht clubs.
157
What are the contents of the Masters Guide to the UK flag - Large Yacht Edition?
Manning
HOR
Crew agreements
Official log books
GMDSS log book
Medical stores
Surveys and audits
UK publications to be carried onboard
Training
Health and safety
158
What is the general use for the Masters Guide to the UK flag - Large Yacht Edition?
It is intended as a quick reference guide to some issues covered during Masters UK certificate of competency or UK legal and Administrative Procedure (UKLAP) courses.
159
What is the most common form of charterparty for yachts?
Standard time charterparty.
160
What is another term for Bareboat Charter?
Charter by demise.
161
The Bareboat charterer may also be termed something else, what is it?
Disponent owner
162
Can a bareboat charterer exercise all rights of an owner?
Yes, and the owner cannot interfere with the management, unless the charterparty permits him to do so.
163
What is an Owner responsible for during a Bareboat charter?
Property tax only.
164
During a Standard time charter what is the owner and charterer responsible for?
Owner: ISM code, Manning, Wages, Spares and supplies, Property tax.
Charterer: Fuel, Port dues and pilotage charges.
165
What is the owner liable for during a Standard Time Charter?
Maritime lien (damage to port infrastructure), and, Liability for accident due to bad management or sea worthiness.
166
List important points to consider for a charterer prior to signing a contract.
Negotiated rate correct, trading limits(navigational restrictions, range and speed.
167
What does it mean to indemnify an assured?
The insurer agrees to if there are certain losses or damage to the assured, the insurer will compensate the assured. Indemnify means to compensate for loss or damage, restoring the assured to position they were prior to the loss(damage)
168
What does a yachts insurance policy generally cover?
Fire/explosion, theft, vandalism, storm, contact with third party, your own negligence.
169
What does the Athens Convention in insurance cover?
It means the owner of a commercial yacht must insure the passengers and pay compensation for death, injury, loss or damage to luggage. A certificate must be carried on board.
170
What is subrogation?
The rights of the insurer to stand in the shoes of an indemnified insured and recover salvage for his own benefit. If total loss, assured must abandon what is left of the thing insured to the underwriters.
171
What is the doctrine of subrogation?
To prevent the assured from being over-indemnified, and, to facilitate recoupment of the insurer for the indemnity paid to the assured - often through the expense of the party responsible for causing the loss
172
What are the three categories of 'Total Loss'?
1. Actual total loss - when ship is destroyed, or where the assured is deprived of the ship.
2. Constructive total loss - cost of saving and repair exceeds insured value.
3. Presumed total loss - after a lapse of reasonable time no news of the ship has been received.
173
What is 'particular average (partial loss)'?
In case of damage the insurance company will pay for the repairs
174
What are the main reasons for a deductible?
1. To eliminate administrative costs of processing small claims
2. To encourage the insured person to take care of the insured yacht.
3. As a general rule, they do not apply to claims made under Duty of the Assured (Sue and Labour) clauses.
175
What is an 'express warranty' and some examples?
These are clearly stated within the contract, e.g. the insurance premiums, trading limits, named perils, deductibles, insured value.
176
What is an 'implied warranty'?
Terms that may not be clearly stated in the insurance policy but remain valid. The warranty could be implied due to: by custom, by court decisions (precedent), by statute (MIA 2006)
177
What are some examples of 'implied warranties'?
Obligation of reasonable dispatch, warranty of deviation (deviation form voyage plan in policy), warranty of legality.
178
List an outline of marine insurance clauses.
1. Breach of Warranty - immediate notice to be provided to insurers e.g. towing.
2. Termination - total loss, change of flag/class/owner
3. Perils
4. 3/4 collision liability
5. Tender clause - Insurer has right to decide port and where vessel shall proceed for repairs. 30% per year for time lost waiting for acceptance of tender, 15% deductible penalty for failure to comply with this clause.
179
What is Sue and Labour (Duty of the Assured)?
Duty of the assured to limit any loss. The underwriter will reimburse the assured for the cost.
180
What is the function of P&I (protection and indemnity) clubs?
The covers shipowners liabilities, where the risks in the commercial market is uncompetitive or unwilling to provide cover.
181
Do P&I clubs make a profit?
No, they are non-profit organisations, whereby premiums during the year should match the costs paid out in claims. Premiums are not paid, rather than 'calls'. If the pool is insufficient the club will ask for a further 'call.
182
What are some risks typically covered by P&I?
Injury, illness.
Repatriation of crew and substitute expenses
Collision liabilities - 25%
Pollution
Loss or damage to property other than that covered by H&M
Salvors expenses
Fines
Legal costs
Wreck removal
Excess war risks
183
What is a 'British Ship'?
Registered in the UK, or, registered in a British possession.
184
What is a 'United Kingdom' ship?
A ship registered in the UK (England, Wales, Scotland, Northern Ireland)
185
Certain UK laws implementing international conventions may be enacted directly in a British territory, by what process?
By the Order-in-council.
186
What does Section 2 of the Merchant Shipping Act 1995 refer to in regard to flying the red ensign on British ships?
British ships are entitles to flay the red ensign without any defacement or modification.
187
MARPOL Annex 1 and Annex V refers to special areas, what are three special areas?
Mediterranean sea, Baltic sea, Black sea.
188
Discharge of oil in special areas is prohibited unless what conditions are satisfied?
Ship en route, oil filtering equipment provided with alarm to indicate 15 part per million cannot be met, and stops automatically when effluent is being discharged.
189
What distance from land, outside of special areas, can food waste (comminuted or ground, mesh 25mm) be discharged?
Equal or greater than 3nm from nearest land.
190
What does SOLAS Chapter regulation 31 require the Master of a ship to do, for the safety of navigation?
Communicate by all means at their disposal to ships in the vicinity and competent authorities, the following:
1. dangerous ice
2. dangerous derelict
3. tropical storm - not yet reported
4. air temperatures
5. winds force 10 or above for which no storm warning received.
6. Any other dangers to navigation
191
What is the criteria for salvage under article 13 of the International Salvage Convention, IMO 1989?
1. Value of vessel and property
2. Skill and efforts of salvors in preventing or minimising damage to the environment
3. Measure of success obtained by salvor
4. Nature and degree of the danger
5. Time used and expenses incurred by salvor
6. Promptness of service
7. Availability of vessels and equipment of salvors
8. State of readiness and efficiency of salvors
192
# SALVAGE
What are the advantages to both salvor and owner in using LOF?
1. The award is determined by arbritation which is less expensive and quicker than litigation
2. LOF gives access to worlds most experinced arbritators in maritime law, therefore both parties should have confidence.
193
# SALVAGE
What are the advantages to shipowner and P&I clubs in using LOF?
1. No doubt to nature of service
2. In an emergency no need to haggle over terms
3. Property not arrested so vessel can resume trading
194
# SALVAGE
What are the advantages to salvors in using LOF?
1. No doubt to nature of service
2. Owner of property agrees to put up bail thus property need not be seized, and expenses can be paid out almost immediately
3. The agreement gives right, upon successful service to proceed directly against owner. (Pure salvage would mean that if the property is lost, a maritime lien cannot be enforced)
195
# SALVAGE
What are the elements for a valid salvage claim?
1. Salvor must be a volunteer
2. Salvage must be successful
3. Must be maritime property
4. Must be in peril/danger
5. Must be at sea
196
# SALVAGE
What is the fundamental concept of salvage?
The salvor should be encouraged by the prospect of an appropriate salvage award to salve the ship.
197
# SALAVAGE
What is 'pure salvage'?
When a ship is salvaged with no prior agreement between owner and salvor, or agreement is made but not for fixed amount, such as LOF.
198
# SALVAGE
What Statute refers to the Salvage Convention 1989?
Merchant Shipping Act 1995, section 224
199
# SALVAGE
What is article 14 of the Salvage Convention?
This is an incentive scheme known as Special Compensation, that becomes payable by shipowner when the salvor has prevented or minimised damage to the environment.
200
# SALVAGE
What does SOLAS V, Safety of Navigation, Regulation 34-1 refer to concerning Masters Discretion?
The owner of charterer shall not prevent the Master executing any decision which is necessary for the safety of life at sea and the protection of the environment
201
# SALVAGE
What must the company ensure that the SMS states concerning Masters Authority?
That the Master has overiding authority and responsibility to make decisions with respect to safety and pollution prevention.
202
# SALVAGE
What are the practicle steps whe engaging with a salvor using LOF?
1. Establish communications
2. Establish details of other vessel
3. Verify the vessel is capable
4. Agree 'place of safety'
5. Agree currency
6. Agree version of LOF, or latest version
7. Make clear and unambiguous statement of agreement
8. If using voice communications, try to obtain witness and ask them to log
9. Arrange paper contracts as soon as practicable.
203
# MLC
Which vessels are exempt from MLC 2006?
1. Pleasure yachts not engaged in trade
2. Fishing vessels
3. Ships of a traditional build
4. Warships or naval auxiliaries.
204
# SALVAGE
List 3 conditions of salvage.
1. Vessel must be in real peril/danger
2. Salvor must be acting voluntarily
3. The salvor must be sucessful, payment for partial success maybe granted if the environment is protected
205
# SALVAGE
List two advantages to a Towage contract.
1. Towage will normally cost the owner less
2. The remuneration and time agreed from the outset
206
# SALVAGE
List two disadvantages to a Towage contract
1. Twoing vessel will be entitled to payment whether succeeding or not
2. Towing contract with hourly or daily rate fee can take longer, increasing the cost.
207
# MLC
Which vessels are required to have an SEA in place for crew?
1. All commcerical vessels
2. Vessels on international voyages
3. Domestic voyages over 60nm from metropolitan coast
208
# EMPLOYMENT
What is an SEA?
A written and legally enforceable document for individual crew members that meet requirements of MLC 2006. A contract of employment for seafarers employed on MLC compliant vessels.
209
# EMPLOYMENT
How should crew act in an emergency?
With immediate and unquestionning obedience of orders
210
# SECURITY
How do you treat a stowaway?
Consistent with humanitarian principles - they are not to work and the safety of the crew and ship to be provided due consideration.
211
# SECURITY
What is the Masters responsibilities for notifying and receiving stowaways?
1. Determine port of embarkation
2. Establish identity
3. Prepare statement for appropriate authorities
4. Notify shipowner and port authorities at port of embarkation, next port of call and flag state
5. Do not depart from planned voyage after it has left territorial waters
6. Present stowaway at next port of call
7. Provide him/her with adequate provisions and accommodation, care
212
# EMPLOYMENT
What is the procedure for voluntarily adopting an MLC 2006?
1. Submit SEA to MCA seeking exemption from crew agreement regulations, to permit use of SEA instead of crew agreement.
2. Arrange voluntary survey for issue of MLC certificate, if requested by owner.
213
# PSC
What does a PSC Initial Inspection consist of?
1. Check compiance with conventions
2. Check of relevant certification
3. A walk around the ship
214
# EMPLOYMENT
How must Hours of Rest records be kept?
1. IMO format for recording hours should be used
2. One copy held by Master and copy given to crew member
3. The record should be endorsed by both Master and crew member
4. Electronic records acceptable
5. Records completed at least monthly
6. Records maintained for at least 1 year
215
# EMPLOYMENT
What vessels do not require an SEA?
1. Pleasure yachts - engaged on a Coastal Voyage, or, engaged in any other voyage with no more than 4 crew members receiving wages
2. Fishing vessels
3. Ships of traditional build
4. Warships or naval auxiliaries
216
# EMPLOYMENT
When a crew member signs a crew agreement or SEA what are they agreeing to?
They agree to follow the Code of Conduct for the Merchant Navy
217
# EMPLOYMENT
What is the procedure for dismissal as per the Code of Conduct for the Merchant Navy?
1. Initial meeting - seafarer called to meeting with Master/officer. Told of alleged breach, given opportunity to admit it or not. Master/officer to determine if formal action required.
2. Formal Action - Master/officer investigates incident, written statements from witnesses, determine if formal disciplinary action is necessary.
3. Disciplinary Hearing - Seafarer accompanied by other person, call witnesses, question witnesses. Seafarer invited to admit breach or not.
4. Person conducting to give his/her determination, and appropriate penalty if warranted
218
What is the statutory maximum fine in a Magistrates Court?
5000£
219
What is the maximum fine for failing to offer assistance after collision without reasonable excuse?
50,000£
220
What must a claimant prove to have a successful negligence case?
The defendant had a duty to avoid acts or omissions which might cause harm.
The defendants conduct fell below reasonably expected standard.
Claimant must have suffered damage as consequence of defendants breach.
221
What does Freedom of the High Seas mean?
Extend from EEZ, freedom of navigation, freedom of overflight, freedom of fishing, freedom for scientific research.
