Topic 6 Satuary Safety Duties Flashcards
Q1
A commercially operated yacht has been involved in a collision at sea with another ship and has sustained some minor damage to hull and equipment. Explain what the Master must do so as to comply with relevant U.K. merchant shipping legislation:
a) At the time of the collision (8)
b) On arrival in port (12)
MASTER’S STATUTORY OBLIGATIONS FOLLOWING A COLLISION
The MSA provides that in every case of collision between two ships, it will be the duty of the master of each ship, if and so far as he can do so without danger to his own ship or crew or passengers, if any:
• to render to the other ship, its master, crew and passengers (if any) such assistance as may be practicable and necessary to save them from any danger caused by the collision;
• to stay by the other ship until he has ascertained that it has no need of further assistance;
• to give to the master of the other ship the name of his own ship and also the names of the ports from which it comes and to which it is bound.
As a collision is a reportable marine accident, the Master must also:
•Make a report of the incident to the MAIB
•Enter full details of the incident in the OLB
• If there is pollution or environmental damage, notify the affected Coastal
State(s)
Master should also prioritise
•Ensuring the safety of crew and passengers
Conducting a damage survey of the vessel
• Implementing damage control procedures as required
• Taking action to prevent / minimise pollution or environmental damage resulting from the collision
Q2
In the context of the responsibility of a master for the safe navigation of the ship:
a) Distinguish between ‘compulsory’ and ‘non-compulsory’ pilotage; (8)
b) Explain in general terms the respective responsibilities of master and compulsory pilot for accidents in navigation. (12)
Compulsory Versus Non-Compulsory Pilotage
The Pilotage Act 1987, regulates the provision of pilotage services in the UK. The responsibility for such pilotage services is vested in competent harbour authorities. If a competent harbour authority considers that in the interests of safety it should do so, it must direct that pilotage will be compulsory for ships navigating within an area under its jurisdiction. Such directions are called pilotage directions.
A pilotage direction may apply to:
• all ships or all ships of a specified description;
• must specify the area and circumstances in which it applies;
• may specify the circumstances where the pilot may require to be accompanied by an assistant; and
• will not apply to ships less than 20 meters in length.
A ship being navigated in an area in which pilotage is compulsory for it by virtue of a pilotage direction must be under the pilotage of either:
• an authorised pilot (accompanied by an assistant if required by a pilotage direction); or
• a master or a first mate possessing a Pilotage Exemption Certificate in respect of that area and that ship.
An example of non-compulsory pilotage would be the master of a vessel engaging the services of a private individual with local knowledge of an area, to advise the master or assist in pilotage / navigation within that area. The master may choose to voluntarily request this assistance in an area where pilotage is not compulsory, but he is unfamiliar with the area or concerned about dangers to navigation or the accuracy of
charted information
b) The master is responsible
Exchange information with pilot
Pilot card
Vessel limitations
Briefing OOWs to monitor pilots actions
Q3 Important question!!! P131
The master of a ship has an international obligation under the SOLAS Convention to report specified dangers to navigation:
a) Identify the dangers so specified (10)
b) Explain how, when and to whom such reports are to be made (10)
SOLAS Chapter V, Regulation 31 - Danger Messages The master of every ship which meets with:
1) dangerous ice,
2) a dangerous derelict, or
3) any other direct danger to navigation, or
4) a tropical storm, or
5) encounters sub-freezing air temperatures associated with gale force winds causing severe ice accretion on superstructures, or
6) winds of force 10 or above on the Beaufort scale for which no storm warning has been received,
SOLAS Chapter V, Regulation 32 - Information Required in Danger Messages
1. Ice, derelicts and other direct dangers to navigation:
• The kind of ice, derelict or danger observed.
• The position of the ice, derelict or danger when last observed.
• The time and date (UTC) when the danger was last observed.
A statement that a tropical cyclone has been encountered.
Time, date (UTC) and position of ship when the observation was taken.
• As much of the following information as is practicable should be included in the message:
barometric pressure true wind direction
barometric tendency wind force
b) Securite call
By all means at your disposal
Q5
a) Explain the statutory duties placed upon the master of a U.K. ship to respond to a distress alert including the stated circumstances in which a breach of these duties may be excused. (12)
b) State the conditions which justify the use of approved distress signals and the legal consequences which could follow a misuse of such signals. (8) p 125
Statutory obligation to assist
Only the RCC and the On Scene Command can relieve you
b) Distress signals must only be used when authorised by the master. Such authorisation should only be given when:
• the ship is in serious and imminent danger or another ship / aircraft / person is in serious and imminent danger and cannot send that signal, and
• immediate assistance is required in addition to any assistance already available.
Misuse of these signals render the master liable to criminal prosecution and in addition civil liability could be incurred to compensate for expenditure and loss resulting from such misuse.
Q6
Describe the statutory duty of the master after a collision with another vessel.
6.2 MASTER’S STATUTORY OBLIGATIONS FOLLOWING A COLLISION
The MSA provides that in every case of collision between two ships, it will be the duty of the master of each ship, if and so far as he can do so without danger to his own ship or crew or passengers, if any:
to render to the other ship, its master, crew and passengers (if any) such assistance as may be practicable and necessary to save them from any danger caused by the collision;
• to stay by the other ship until he has ascertained that it has no need of further assistance;
• to give to the master of the other ship the name of his own ship and also the names of the ports from which it comes and to which it is bound.
Q7
a) A vessel is involved in a collision at sea:
i. State 5 of the master’s statutory obligations after the collision. (10)
ii
State the penalties for failure to comply with these obligations. (2)
b) List the dangers to navigation that must be reported, in compliance with merchant shipping legislation. (6)
c) State by what means they should be reported. (2)
6.2 MASTER’S STATUTORY OBLIGATIONS FOLLOWING A COLLISION
The MSA provides that in every case of collision between two ships, it will be the duty of the master of each ship, if and so far as he can do so without danger to his own ship or crew or passengers, if any:
to render to the other ship, its master, crew and passengers (if any) such assistance as may be practicable and necessary to save them from any danger caused by the collision;
• to stay by the other ship until he has ascertained that it has no need of further assistance;
• to give to the master of the other ship the name of his own ship and also the names of the ports from which it comes and to which it is bound.
a)ii) Fines or imprisonment
